OAR 736-018-0028: Local Government Coordination

Notwithstanding OAR 736 division 70, this rule describes the process the Department follows in coordinating with affected local governments in a master planning process as described in OAR 736-018-0015. This rule is intended to be used in conjunction with the provisions of OAR 660 division 34, which sets forth local government procedures for considering a proposed state park master plan for local adoption. (1) The Department shall invite the planning official of each affected local government to participate, or be represented, as a member of the steering committee. (2) The Department shall include the planning official and all members of the local planning commission and governing body on the mailing list. (3) The Department shall encourage the local government to adopt a park zone ordinance to help facilitate local approval of park uses. (4) The Department shall work with the planning official to determine what local planning approvals will be needed to implement the master plan. (5) The Department shall consider opportunities for the local government to host one or more public meeting in the vicinity of the park. (6) Prior to or concurrent with the initiation of the state rule-making process for the master plan, the Department shall submit the proposed master plan to the Department of Land Conservation and Development (DLCD) and all affected local governments. The Department shall consult with the planning official of each affected local government regarding the compatibility of the proposed master plan with the adopted local comprehensive plan. (a) If all of the proposed master plan provisions are compatible with the local comprehensive plan, the Department may proceed with state rule adoption of the master plan. The Department shall request written confirmation from the planning official that the master plan is compatible with the local comprehensive plan. The Department may submit the master plan for local adoption during the local government’s periodic review. (b) If any of the proposed master plan provisions are not compatible with the adopted local comprehensive plan, the Department shall submit an application for an amendment to the local comprehensive plan prior to or concurrently with the state rule-making process. (7) If a local comprehensive plan amendment application is needed as described in section (6)(b) of this rule, the Department shall coordinate with the affected local government on the schedule for the local comprehensive plan amendment process including public notices, hearings, and the local government’s resulting recommendations regarding adoption of the master plan as described in OAR 660-034-0020. The Department shall consider opportunities to combine state rule-making hearings with local government hearings, including the public notices for the hearings. (8) Within 60 days following receipt of a local government’s recommendations regarding adoption of a proposed master plan as described in OAR 660-034-0020, the Department shall respond in writing to the local government. In responding, the Department shall: (a) Address any changes recommended by the local government, and describe any changes to the proposed master plan that the Department proposes in response to the local government’s recommendations. Any changes to the proposed master plan shall be consistent with the state park master planning criteria described in OAR 736-018-0020; and (b) Provide a comment period of at least 30 days to allow the local government to concur with or object to the Department’s proposed action on the master plan. (9) If no objections are raised by an affected local government during the comment period described in section (8)(b) of this rule, the Department may proceed with adoption of the master plan as a state rule. If a timely objection is received, and if the objection meets the requirements of OAR 736-018-0030(2)(a) and (b), the Department shall delay adoption of the master plan in order to engage in formal or informal dispute resolution with the objecting local government. The delay of adoption shall continue for at least 60 days following receipt of the objection, or until the issues in the objection are resolved and the objection is withdrawn, whichever occurs first. At the end of the 60 day delay period, the Department may proceed with adoption of the master plan as a state rule. (10) Within 60 days following the effective date of the master plan administrative rule, unless an appeal of the rule is filed, the Department shall submit the adopted master plan to all affected local governments. The submittal shall include a request that each local government take final action on the local comprehensive plan amendment application previously filed pursuant to section (6)(b) of this rule in a manner consistent with OAR 660-034-0030.