1. (1) The Department shall achieve Planning Goal compliance whenever possible by taking actions that are compatible with the applicable acknowledged comprehensive plan of a county or city government and land use regulations of this state and local zone ordinances.

2. (2) However, if a situation arises that necessitates direct goal findings, because of potential or actual incompatibility under a local comprehensive plan or other reasons, as described in OAR 660-030-0065(3), the Department shall adhere to the following procedures, as formally as appropriate:

   1. (a) Confirm that a situation exists requiring the Department to adopt direct goal findings of compliance with one or more of Planning Goals;
   2. (b) Identify which Planning Goals or Goal requirements the Department must address;
   3. (c) Consult directly with affected jurisdictions;
   4. (d) Request interpretative guidance as needed from the Department of Land Conservation and Development or the Department of Justice;
   5. (e) Rely on any relevant goal interpretations for state agencies adopted in accordance with OAR chapter 660, whenever applicable; and
   6. (f) Adopt any necessary findings to ensure compliance with the Planning Goals.

Statutory/Other Authority

ORS 285B.075(5) & 285A.075

Statutes/Other Implemented

ORS 197.180, 285A & 285B

History

EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09
EDD 4-2003, f. & cert. ef. 3-26-03
EDD 9-1990, f. & cert. ef. 5-23-90