OAR 660-027-0080
Local Adoption and Commission Review of Urban and Rural Reserves
(1)
Metro and county adoption or amendment of plans, policies and other implementing measures to designate urban and rural reserves shall be in accordance with the applicable procedures and requirements of ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.650 (Appeal to Court of Appeals).(2)
After designation of urban and rural reserves, Metro and applicable counties shall jointly and concurrently submit their adopted or amended plans, policies and land use regulations implementing the designations to the Commission for review and action in the manner provided for periodic review under ORS 197.628 (Periodic review) to 197.650 (Appeal to Court of Appeals).(3)
Metro and applicable counties shall:(a)
Transmit the intergovernmental agreements and the submittal described in section (2) in one or more suitable binders showing on the outside a title indicating the nature of the submittal and identifying the submitting jurisdictions.(b)
Prepare and include an index of the contents of the submittal. Each document comprising the submittal shall be separately indexed; and(c)
Consecutively number pages of the submittal at the bottom of the page, commencing with the first page of the submittal.(4)
The joint and concurrent submittal to the Commission shall include findings of fact and conclusions of law that demonstrate that the adopted or amended plans, policies and other implementing measures to designate urban and rural reserves comply with this division, the applicable statewide planning goals, and other applicable administrative rules. The Commission shall review the submittal for:(a)
Compliance with the applicable statewide planning goals. Under ORS 197.747 “compliance with the goals” means the submittal on the whole conforms with the purposes of the goals and any failure to meet individual goal requirements is technical or minor in nature. To determine compliance with the Goal 2 requirement for an adequate factual base, the Commission shall consider whether the submittal is supported by substantial evidence. Under ORS 183.482 (Jurisdiction for review of contested cases)(8)(c), substantial evidence exists to support a finding of fact when the record, viewed as a whole, would permit a reasonable person to make that finding;(b)
Compliance with applicable administrative rules, including but not limited to the objective provided in OAR 660-027-0005 (Purpose and Objective)(2) and the urban and rural reserve designation standards provided in OAR 660-027-0040 (Designation of Urban and Rural Reserves); and(c)
Consideration of the factors in OAR 660-027-0050 (Factors for Designation of Lands as Urban Reserves) or 660-027-0060 (Factors for Designation of Lands as Rural Reserves), whichever are applicable.
Source:
Rule 660-027-0080 — Local Adoption and Commission Review of Urban and Rural Reserves, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-027-0080.