OAR 660-025-0185: Review of Urban Growth Boundary Amendment Components

(1) A city with a population over 2,500 within its urban growth boundary, in coordination with the county or counties containing the urban growth boundary, may elect to submit a land need analysis pursuant to OAR 660-024-0040, a land inventory pursuant to OAR 660-024-0050, or a response to deficiency pursuant to OAR 660-024-0050, or a combination thereof, to the department, separately as provided in this rule. (2) A city and a county or counties may elect to submit a component of an urban growth boundary amendment under section (1) when the city and county determine that the final urban growth boundary amendment is likely to exceed 50 acres. The local governments must submit written notice of election to use the sequential review process contained in this rule to the department prior to submittal of a component for review. The notice of election shall propose the planning period for the amendment and include a draft work program. (3) Upon joint written notice pursuant to section (2), the department will prepare a work program consisting of tasks to complete one or more of: land need analyses, land inventories, and responses to deficiency. For the purposes of this rule, a “work program” does not include the date that each work task must be submitted to the department for review. (a) The work program is not subject to the requirements of OAR 660-025-0090 through 660-025-0110. (b) The work program will specify the planning period for the affected urban growth boundary amendment. The beginning of this planning period is the date initially scheduled for completion of the legislative review for the purposes of compliance with ORS 197.296. (c) In developing the work program, the department will: (A) Coordinate with the city and county or counties, and the needs of the local governments will be accommodated as much as possible; and (B) Consider the tasks necessary to complete the urban growth boundary amendment based on the scope of the proposal under OAR 660-024-0040(3). (4) The director will issue the work program within 120 days after receipt of the joint written notification under section (2). The director’s decision on the work program is final and may not be appealed. (5) The product of each task on the work program shall be a change to a comprehensive plan or land use regulation or a new land use regulation adopted by the city and adopted by the county or counties if required. The local governments must submit the task and notice of the task adoption to the department in the manner provided for a periodic review task in OAR 660-025-0130 and 660-025-0140. (6) A director’s decision on a submitted task and appeals of a director’s task decision are subject to OAR 660-025-0150 and 660-025-0160 except: (a) Notwithstanding OAR 660-025-0150(3), the director must take an action, and the order or referral must be sent, within 90 days after the local government submits the task for review unless the local government waives the 90-day deadline or the commission grants the director an extension. (b) Notwithstanding OAR 660-025-0150(4), if the director does not issue an order or refer the task within the time limit set by subsection (6)(a), and the department did not receive any valid objections to the task, the task shall be deemed approved. In such cases, the department will provide a letter to the local government certifying that the task is approved. (c) Notwithstanding OAR 660-025-0150(5), if the department received one or more valid objections to the task, the director must either issue an order within the time limits set by subsection (6)(a) of this rule or refer the task to the commission for review. (7) For the purposes of demonstrating compliance with OAR 660-024-0040 and 660-024-0050 for an urban growth boundary amendment, a task approval is valid for four years. This period may be extended for up to one year by the director if the local governments show good cause for the extension. The four-year period begins on the later date of: (a) Director approval order; (b) Commission final approval order; or (c) Completion of judicial review of the final approval order. (8) A task approval will not demonstrate compliance with OAR 660-024-0040 or 660-024-0050 for an urban growth boundary amendment that adds 50 or fewer acres to the area within the urban growth boundary.