The following procedure is intended to assure that a Department program or action determined to affect land use is compatible with the acknowledged comprehensive plans and land use regulations of the applicable local governing body:

1. (1) Except where it is necessary for the Department to adopt findings for compliance with the statewide planning goals, the Department shall achieve goal compliance by acting compatibly with acknowledged comprehensive plans and land use regulations. To make the necessary determinations of compatibility for a Department project or action affecting land use, the Department shall rely on the following two procedures:

   1. (a) A copy of the local land use permit or equivalent documentation from the applicable local governing body or its designee that the proposed project or action has received land use approval; or
   2. (b) A letter or some other form of verification from the applicable local governing body or its designee stating that the proposed project or action is permitted under the jurisdiction’s comprehensive plan but does not require specific land use approval.
2. (2) Upon receipt of an application for a private salmon hatchery permit, the Department will apply procedures pursuant to OAR 635-040-0009(4) and (5).

3. (3) An applicant seeking approval from the Department to place explosives or harmful substances in waters of this state pursuant to ORS 509.140 shall provide information to this Department assuring the project’s compliance with the statewide planning goals and compatibility with the applicable acknowledged comprehensive plan(s) and land use regulations. Such information shall be submitted in a manner established by the Department and shall include a written declaration by the applicant acknowledging that:

   1. (a) Department approval of the project is not a finding of compliance with the statewide planning goals and compatibility with the applicable comprehensive plan; and
   2. (b) The applicant has or shall obtain land use approval or determination of compatibility from the applicable local governing body.
4. (4) When siting or conducting expansion of a Department facility, the Department will apply procedures pursuant to OAR 635-405-0025(1).
5. (5) When siting winter wildlife-feeding activities on private or non-federal public lands, the Department will apply procedures pursuant to OAR 635-405-0025(1).

Statutory/Other Authority

ORS 197 & 496

Statutes/Other Implemented

ORS 197 & 496

History

FWC 66-1990, f. & cert. ef. 6-27-90