OAR 736-070-0060: Assuring Goal Compliance and Acknowledged Plan Compatibility for New or Amended Land Use Programs That May Have a Significant Effect on Land Use

(1) Except as provided in section (2) of this rule, the Department shall assure that new rules and programs which qualify as land use programs, or amendments to existing land use programs, comply with the statewide planning goals and are compatible with acknowledged comprehensive plans. (2) The Commission may choose not to apply this rule to the adoption of temporary rules and programs. (3) The Department shall examine new rules or programs to determine if they qualify as land use programs as defined by OAR 660-030-0005(2). (4) If new rules or programs are found to be land use programs, the Department or Commission shall amend OAR 736-070-0030, and other sections of existing rule divisions pertinent to the program as needed to assure goal compliance and compatibility with acknowledged comprehensive plans. (5) Amendments to existing Department programs shall be examined to determine if: (a) They have a significant affect on land use as determined by the criteria established; and (b) Provisions of this division are sufficient for assuring that actions allowed by the amendments will comply with the goals and will be compatible with comprehensive plans; or (c) They modify the program so that it no longer qualifies as a land use program. (6) If needed as determined after completing the examination prescribed in section (5) of this rule, the Commission shall amend the appropriate administrative rules to assure goal compliance and compatibility with acknowledged comprehensive plans. (7) The Department shall provide written notice of any new rule or amendment determined to be a new land use program or affect the land use status of an existing land use program to the Department of Land Conservation and Development, persons on any Department mailing lists established for land use coordination purposes, and any local governments relying on the Department for goal compliance as described in OAR 660-030-0085. The notice shall include: (a) The date, time and location of the Department’s proposed action; (b) The manner in which written and oral comment on the proposed action can be submitted to the Department; (c) An explanation of how the new rule or amendment qualifies as, or affects the land use status of, a land use program; and (d) A description of any actions taken, or to be taken, pursuant to sections (3) through (6) of this rule. (8) If no comment is received from the Department of Land Conservation and Development within the period specified in the notice described in section (7) of this rule, the Department may presume that the Department of Land Conservation and Development finds the new or amended rule or program to have satisfied requirements of ORS 197.180 and OAR 660, divisions 30 and 31.