1. (1) The provisions of this division (OAR 291-032) shall apply to the following Department programs and actions:

   1. (a) Site selection for future statewide and regional correctional facilities identified as necessary to replace or augment current correctional facilities in any long range strategic plans commissioned by the Department;
   2. (b) Facility construction including new construction and/or major expansion of existing correctional facilities by the Department;
   3. (c) Approval of community correctional grants and loans to local governments where such grants or loans will be used for the construction of new, or the major expansion of existing, correctional facilities; and

   4. (d) Any other programs or actions that:

      1. (A) Are determined to be “programs affecting land use” pursuant to ORS 197.180 and Department of Land Conservation and Development rules;
      2. (B) Involve a change or an intensification of land use; or
      3. (C) Take place on property which is an existing non-conforming use.

2. (2) The provisions of this division (OAR 291-032) do not apply to such Department programs or actions as:

   1. (a) Facility maintenance and rehabilitation;
   2. (b) Replacement of equipment or fixtures;
   3. (c) General capital betterment, repair, and improvement; or
   4. (d) Any other similar activities that are determined not to be “programs affecting land use” pursuant to ORS 197.180 and Department of Land Conservation and Development rules.

Statutory/Other Authority

ORS 179.040, 197.080, 423.020, 423.030 & 423.075

Statutes/Other Implemented

ORS 179.040, 197.080, 423.020, 423.030 & 423.075

History

DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019
CD 25-1992, f. & cert. ef. 12-9-92