OAR 918-001-0045: Land Use Goal Compliance and Comprehensive Plan Compatibility Procedures

(1) Activities Affecting Land Use: The division acting under ORS 197.180 identifies the following activities as having a potential to “affect land use” as defined in OAR 660-030-0005(2): (a) The issuance of electrical permits under OAR 918, division 309 and structural permits under OAR 918, division 460 for new buildings, additions and changes of building use; (b) The issuance of sewer and water service permits for new buildings, additions and changes of building use under OAR 918, division 780; (c) The issuance of manufactured dwelling set-up permits under OAR 918, division 600; (d) The issuance of a permit for construction or addition to a manufactured dwelling park under OAR 918, division 600, recreational vehicle park or organizational camp under OAR 918, division 650; and (e) The issuance of permits for plumbing utilities hook-up or electrical hook-up for manufactured dwellings except in a manufactured dwelling park constructed under a OAR 918, division 600 permit. (2) State Agency Coordination Program. The Division has adopted a State Agency Coordination Program under which it requires verification that the construction activities involved in section (1) of this rule comply with statewide land use planning goals and are compatible with the comprehensive plans and regulations of the municipality having jurisdiction over the project. Sections (3) through (7) of this rule implement the plan. (3) Condition Precedent For Permits: Before a permit is issued for any activity mentioned in section (1) of this rule, except for an electrical or a plumbing permit, the Division requires: (a) Acknowledgment by the city or county planning agency on the Building Codes Division permit application that the project has final land use approval; or (b) A copy of the local land use permit or a letter from the local planning agency that the project has land use approval or is otherwise permitted under the jurisdiction’s comprehensive plan and does not require specific land use approval. (4) Plumbing Permits: A sewer and water service permit for construction involving a new building, an addition or change in the use of a building, will not be issued unless the project already has or is granted at the same time a related structural, park construction or manufactured dwelling permit. (5) Electrical Permits: When an electrical permit, including a temporary electrical permit is used for construction involving a new building, an addition or change in the use of a building is involved: (a) The applicant for a permit may provide the type of land use verification required in section (3) of this rule at the time the permit is obtained; or (b) Verification must be provided to the electrical inspector prior to or not later than ten calendar days after the first inspection. The inspector will require the contractor, owner of the project or primary user of the project to provide verification, with either: (A) A related structural, park construction or manufactured dwelling permit issued involving the same project; (B) A written acknowledgment by the city or county planning agency that the project has final land use approval; (C) A copy of the local land use permit or a letter from the local planning agency that the project has land use approval or is otherwise permitted under the jurisdiction’s comprehensive plan and does not require specific land use approval; or (D) Verification of approval may be communicated from the local planning agency to the inspector by telephone or facsimile so long as a letter or other written verification as required above is received by the inspector within ten calendar days of the first inspection. (6) Manufactured Dwelling Set-Up Permits. The requirements in section (3) of this rule can be met by a person seeking a manufactured dwelling set-up permit by: (a) Telephonic confirmation by the city or county planning agency. When this procedure is used the name and telephone number of the person that can provide the confirmation must be provided by the person seeking the permit; or (b) A facsimile transmission of relevant documents. (7) Any permit, including an electrical permit, may be denied by the division if the division has knowledge that: (a) Any other permit under the jurisdiction of the division was denied; (b) The project has not received final land use approval; or (c) The project is not otherwise permitted under the jurisdiction’s comprehensive plan. (8) Revocation of Permits: Any permit or inspection approval issued under this rule may be revoked by the division: (a) If the issuance was based on false, erroneous or misleading information; or (b) In the case of an electrical inspection, if the required verification is not provided within ten calendar days following the first inspection.