Or. Admin. Code § 660-031-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 660-031-0020 - Review Criteria for Class A and B Permits

(1) Where the affected local government does not have an Acknowledged Comprehensive Plan, the state agency's or local government's review shall assess whether or not the proposed activity and use are in compliance with the Statewide Planning Goals.

(2) Where the affected local government has an Acknowledged Comprehensive Plan, the state agency or local government review shall address compatibility with the Acknowledged Comprehensive Plan when the activity or use is:

(a) Prohibited by the plan;

(b) Allowed outright by the plan;

(c) Allowed by the plan but subject to standards regarding siting, design, construction and/or operation; or

(d) Allowed by the plan but subject to future goal considera-tions by the local jurisdiction.

(3) Where the affected local government has an Acknow-ledged Comprehensive Plan the Statewide Planning Goals shall be a criteria for permit review after acknowledgment when the state agency finds one of the following exists:

(a) Local government or the Director has determined during periodic review that one or more factors under ORS 197.640(3)(a)(b) or (d) apply;

(b) The Acknowledged Comprehensive Plan and implementing ordinances do not address or control the activity under consideration;

(c) The Acknowledged Comprehensive Plan allows the activity or use but subject to future goal considerations by an agency; or

(d) The comprehensive plan or land use regulations are inconsistent with a state agency plan or program relating to land use that was not in effect at the time that the local government's plan was acknowledged; and, the plan or program is mandated by state statute or federal law, is consistent with the Goals and has objectives that cannot be achieved consistent with the comprehensive plan or land use regulations.

Or. Admin. Code § 660-031-0020

LCDC 9-1978, f. & ef. 9-22-78; LCDC 1-1983(Temp), f. & ef. 1-31-83; LCDC 2-1984, f. & ef. 2-27-84

Stat. Auth.: ORS 197

Stats. Implemented: ORS 197.180