Loading (50 kb)...'

State
Oregon Regulations
CHAP 141 DIVISION 95 STATE AGENCY COORDINATION PROGRAM



The Oregon Administrative Rules contain OARs filed through July 14, 2006

DEPARTMENT OF STATE LANDS


DIVISION 95
STATE AGENCY COORDINATION PROGRAM

141-095-0005

Purpose

(1) This division adopts the Department of State Lands state agency coordination program entitled "A Program for Coordinating DSL's Activities with Oregon's Cities and Counties, Tribal Governments, Federal and State Agencies, and Special Districts" pursuant to ORS 197.180 and chapter 660, divisions 030 and 031.

(2) The four required elements of a state agency coordination program listed in ORS 197.180(3)(a)-(d) and OAR 660-030-0060(2)(a)-(d) are an agency's:

(a) Rules and summaries of programs determined to affect land use (i.e., land use programs);

(b) Exempt and compatible land use programs and procedures for assuring that such programs will comply with the statewide planning goals and be compatible with acknowledged comprehensive plans and land use regulations;

(c) Procedures for coordinating its land use programs with state and federal agencies, and special districts; and

(d) Program for cooperation with and technical assistance to local governments.

(3) Upon adoption by the State Land Board, this state agency coordination program replaces the department's previous state agency coordination adopted by the State Land Board on October 23, 1990.

(4) This division becomes effective upon approval by the Department of Land Conservation and Development or upon certification by the Land Conservation and Development Commission.

(5) Copies of the department's state agency coordination program are available at the following locations:

(a) Department of State Lands, 775 Summer Street, Suite 100, Salem, Oregon 97301-1279; DSL website: www.oregonstatelands.us; and

(b) Department of Land Conservation and Development, 635 Capitol Street NE, Suite 150, Salem, Oregon 97301-2540.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 196, 197, 273, 274
Stats. Implemented: ORS 196, 197.180, 273, 274
Hist.; DSL 3-2006, f. & cert. ef. 7-13-06

141-095-0010

Definitions

For the purposes of this division, the definitions contained in ORS 197.015, 273.006 and 274.005 shall apply. In addition, the following definitions shall apply:

(1) "Acknowledgment" means that a local government comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the statewide planning goals.

(2) "Board" means the State Land Board consisting of the Governor of Oregon, State Treasurer and Secretary of State.

(3) "Certification" is an order issued by the Land Conservation and Development Commission finding that a state agency's coordination program satisfies the requirements of ORS 197.180(3)(a)-(d) and OAR 660-030.

(4) "Commission" means the Land Conservation and Development Commission (LCDC). The staff of LCDC is the Department of Land Conservation and Development (DLCD).

(5) "Compatibility with Comprehensive Plans" as used in ORS 197.180 means that a state agency has taken actions pursuant to OAR 660-030-0070, including following procedures in its coordination program where certified, and there are no remaining land use conflicts between the adoption, amendment or implementation of the agency's land use program and an acknowledged comprehensive plan.

(6) "Compliance with the Goals" means that a state agency's land use programs and actions must comply with the applicable requirements of the statewide planning goals pursuant to OAR 660-030-0065.

(7) "Consistency with Comprehensive Plans" shall have the same meaning as the term "compatibility" as provided in section (5) of this rule and OAR 660-030-0070.

(8) "Coordination" as used in ORS 197.015(5) means the needs of all levels of government, semipublic and private agencies and the citizens of the State of Oregon have been considered and accommodated as much as possible.

(9) "Department" means the Department of State Lands (DSL).

(10) "Director" means the director of the Department of State Lands

(11) "Goals" or "Statewide Planning Goals" means the mandatory statewide planning standards adopted by the Land Conservation and Development Commission pursuant to ORS chapters 195, 196 and 197.

(12) "Rules and Programs Affecting Land Use" or "State Agency Land Programs":

(a) Are a state agency's rules and programs which are:

(A) Specifically referenced in the statewide planning goals; or

(B) Reasonably expected to have significant effects on:

(i) Resources, objectives or areas identified in the statewide planning goals; or

(ii) Present or future land use identified in acknowledged comprehensive plans.

(b) Do not include state agency rules and programs, including any specific activities or functions which occur under the rules and programs listed in paragraph (12)(a)(A) of this rule, if:

(A) An applicable statute, constitutional provision or appellate court decision expressly exempts the requirement of compliance with the statewide goals and compatibility with acknowledged comprehensive plans; or

(B) The rule, program, or activity is not reasonably expected to have a significant effect on:

(i) Resources, objectives or areas identified in the statewide goals; or

(ii) Present or future land uses identified in acknowledged comprehensive plans; or

(C) A state agency transfers or acquires ownership or an interest in real property without making any changes in the use or area of the property. Action concurrent with or subsequent to a change of ownership that will affect land use or the area of the property is subject to either the statewide goals or applicable city or county land use regulations.

(c) A final determination of whether or not an agency program affects land use will be made by the Commission pursuant to ORS 197.180 and OAR Chapter 660, Division 030.

(13) "State Agency Coordination Program" or "SAC Program" is the program adopted by a state agency and submitted to the Department of Land Conservation and Development pursuant to ORS 197.180(3)(a)-(d) and OAR 660-030.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 196, 197, 273, 274
Stats. Implemented: ORS 196, 197.180, 273, 274
Hist.; DSL 3-2006, f. & cert. ef. 7-13-06

141-095-0015

Applicability of State Agency Coordination Program to Department Rules and Programs

(1) This division and the applicable provisions of ORS 197.180 and OAR Chapters 660, Division 030 shall apply to all department land use programs referenced in the department's state agency coordination program adopted pursuant to OAR 141-095-005(1) and to any future or subsequently amended department rule or program determined to affect land use in accordance with OAR 141-095-0010(12).

(2) Before taking any action to adopt, amend or implement a department land use program, the director shall confirm whether the proposed action will affect land use, and if so assure that all applicable provisions of the department's state agency coordination program are followed. Of particular importance is for the director to assure that the proposed action affecting land use is compatible with the affected local government(s) acknowledged comprehensive plan(s) and land use regulations, and where necessary, complies with the statewide planning goals and applicable rules in OAR Chapter 660.

(3) The director shall review and take other actions as needed to ensure that all department land use programs, including applicable administrative rules in OAR Chapters 141 and 142, are consistent with and will be carried out in accordance with the department's state agency coordination program and the provisions OAR 141-095.

(4) The director where necessary shall recommend revisions and other appropriate actions to the State Land Board to revise existing department land use programs and applicable administrative rules to comply with OAR 141-095-0015(3).

(5) The director as needed shall consult with and request assistance from the Department of Land Conservation and Development in carrying out OAR 141-095-0015(2-(4) and any related sections of the department's state agency coordination program.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 196, 197, 273, 274
Stats. Implemented: ORS 196, 197.180, 273, 274
Hist.; DSL 3-2006, f. & cert. ef. 7-13-06


--------------------------------------------------------------------------------
The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

--------------------------------------------------------------------------------