OAR 660-030-0085: Local Government Reliance on State Agency Land Use Programs

(1) As an alternative method for achieving compliance, a local government may rely on a state agency land use program for the purpose of meeting one or more statewide goals or individual goal requirements. (2) A local government’s decision to rely on a certified agency land use program after the effective date of the amendments to this division must satisfy all of the following conditions: (a) The affected comprehensive plan must be acknowledged and shall: (A) Identify the specific goals or goal requirements the local government wishes to comply with through reliance on the certified agency’s land use program; (B) Identify through plan policy the particular certified state agency land use program which will be relied on to comply with the goal requirements listed in paragraph (2)(a)(A) of this rule; (C) Document in the plan that the Commission has expressly certified the agency’s land use program as sufficient to satisfy the goal requirement’s listed under paragraph (2)(a)(A) of this rule without supplemental regulation by the affected local government; (D) Delete or otherwise remove any conflicting provisions of the comprehensive plan and land use regulations which are being replaced by reliance on the certified state agency’s program; and (E) Adopt mandatory plan policies which commit the local government to amend its acknowledged comprehensive plan as necessary in the event that a future change or deletion of an agency land use program no longer enables the local government to continue to rely on the certified agency’s program for compliance with the goals. The local government shall take action under this subsection upon written notification from the Department following a determination made under OAR 660-030-0075 that the agency’s program can no longer be relied upon for goal compliance by the local government. (b) In advance of making a formal request under subsection (2)(c) of this rule, a local government shall notify in writing the applicable state agency of its intent to rely on the agency’s land use program for compliance with the goals; and (c) The local government shall incorporate the items referenced under subsection (2)(a) of this rule into the acknowledged comprehensive plan either through the post-acknowledgment plan amendment procedure or through periodic review as required by ORS 197.610–197.650 and OAR chapter 660, divisions 18 and 19, respectively. (3) A local government’s decision to rely on an uncertified agency land use program after the effective date of the amendments to this division must satisfy all of the following conditions: (a) the affected comprehensive plan must be unacknowledged for the geographic area which the local government intends the agency’s program to address; (b) The comprehensive plan shall: (A) Identify the specific goals or goal requirements the local government wishes to comply with through reliance on the uncertified agency’s program; (B) Identify through plan policy the particular uncertified state agency program which will be relied on to comply with the goal requirements listed in paragraph (3)(b)(A) of this rule; (C) Contain adopted findings of fact and a statement of reasons which demonstrate that the agency’s program does comply with the goal requirement(s) identified under paragraph (3)(b)(A) of this rule and the agency’s program is at least equivalent to what the local government would otherwise provide to comply with the goal(s); (D) Delete or otherwise remove any conflicting provisions of the comprehensive plan and land use regulations which are being replaced by reliance on the uncertified state agency’s program; and (E) Adopt mandatory plan policies which commit the local government to amend its comprehensive plan as necessary in the event that the local government is no longer able to rely on the agency’s program for compliance as a result of: (i) A change or deletion of the agency’s program prior to certification by the Commission; (ii) Certification of the agency’s program pursuant to this division; or (iii) Receipt of written notice from the Department following a determination under OAR 660-030-0075 that the agency’s program can no longer be relied upon for goal compliance by local government. (c) In advance of submitting its acknowledgment request to the Commission for compliance as provided under section (3) of this rule, a local government shall notify in writing the applicable state agency of its intent to rely on the agency’s uncertified program for compliance with the goals.