OAR 660-030-0065: Agency Compliance with the Statewide Planning Goals

(1) A state agency shall adopt as part of its coordination program under OAR 660-030-0060 appropriate rules and procedures as required under this rule to assure that the agency’s land use programs comply with the statewide planning goals. (2) Except as provided in section (3) of this rule, a state agency shall comply with the statewide goals by assuring that its land use program is compatible with the applicable acknowledged comprehensive plan(s) as provided in OAR 660-030-0070. (3) A state agency shall adopt findings demonstrating compliance with the statewide goals for an agency land use program or action if one or more of the following situations exists: (a) An agency’s program or action specifically relates to or occurs in an area that is not subject to an acknowledged comprehensive plan; or (b) An agency takes an action that is not compatible with an acknowledged comprehensive plan after exhausting efforts to be compatible as described in OAR 660-030-0070; or (c) An acknowledged plan pursuant to OAR 660-030-0070(2)(c) does not contain either: (A) Requirements or conditions specifically applicable to the agency’s land use program or action thereunder; or (B) General provisions, purposes, or objectives which would be substantially affected by the agency’s action. (d) A statewide goal or interpretive rule adopted by the Commission under OAR chapter 660 establishes a compliance requirement directly applicable to the state agency or its land use program; or (e) An acknowledged comprehensive plan permits a use or activity contained in or relating to the agency’s land use program contingent upon case-by-case goal findings by the agency; or (f) The agency’s land use program or action is expressly exempt by reason of applicable statute, constitutional provision or appellate court decision from compatibility with acknowledged comprehensive plans; or (g) The agency carries out, in accordance with OAR 660-030-0085, specified goal compliance requirements on behalf of certain applicable local governments. (4) A state agency which is in one of the compliance situations described in section (3) of this rule shall address directly only those goals that have not otherwise been complied with by the local government. To assist in identifying which statewide goals may be directly applicable to the agency’s land use program, the agency may: (a) Utilize its agency coordination program, where certified; (b) Consult directly with the affected local government; (c) Request interpretive guidance from the Department; and (d) Rely on any applicable goal interpretations for state agencies adopted by the commission under OAR chapter 660. (5) State agencies shall include the following elements in their goal compliance procedures adopted under sections (1) and (3) of this rule: (a) Identification of the specific statewide goals which are most likely to be addressed directly by the agency; (b) Commitment to address directly other applicable goals if requested or required; and (c) Description of the most likely situations in which the agency will address statewide goal requirements in addition to any compatibility findings regarding the acknowledged comprehensive plan.