The procedures in this section shall be followed when the Department determines that an operations, maintenance or modernization activity would significantly affect land use in accordance with OAR 731-015-0035 unless compliance with the statewide planning goals and compatibility with acknowledged comprehensive plans has been established through application of OAR 731-015-0075 or 731-015-0085.

1. (1) The Department shall consult planning officials of the affected city or county to determine whether any local land use approvals are required to carry out the proposed activity.
2. (2) If any local planning approvals are required, the Department shall either modify the proposed activity so as to not require approval, or shall apply for the necessary approvals.

3. (3) If the approvals are not granted the Department may:

   1. (a) Modify the proposed activity so as to not require permits;
   2. (b) Not do the proposed activity; or
   3. (c) Appeal the local decision.

Statutory/Other Authority

ORS 184 & 197

Statutes/Other Implemented

ORS 197.180

History

DOT 5-1990, f. & cert. ef. 9-26-90