OAR 635-405-0030
Dispute Resolution
(1)
The Department shall attempt to resolve all disputes regarding land use issues by direct contact with the applicable local governing body(ies). Whenever possible, Department efforts to avoid and resolve potential land use conflicts concerning a specific use or action shall be conducted prior to and through local government land proceedings. These efforts may include Department participation in pre-application meetings and conflict mediation activities, and provision of technical information and assistance to project applicants as well as the applicable local governing body(ies).(2)
In the event the Department and an applicable local governing body do not agree that a Department program or action, or local governing body action is compatible with the applicable acknowledged comprehensive plan(s) and land use regulations, the Department will attempt to resolve the dispute through the following procedures:(a)
Department staff, where appropriate, may request meetings with planning staff or other representatives of the local government to discuss:(A)
The ways in which the proposed Department program or action can be made compatible with the jurisdiction’s comprehensive plan and land use regulations, including possible modfication of the proposed program or action, while achieving the Department’s desired results;(B)
Existing or possible Department alternative actions, including withdrawal of the proposal.(b)
When determined to be necessary by the Department, local denials of Department requests for land use approvals or compatibility determinations may be pursued through appropriate appeals processes.(c)
Where appropriate, the statutory plan amendment and periodic review processes shall be used to obtain local land use approvals for a program or action proposed by the Department which affects land use.(d)
If the dispute is not resolved through subsections (2)(a)–(c) of this rule, the Department may request informal mediation or a compatibility determination from the LCDC in accordance with OAR 660-030-0070 (Agency Compatibility with Acknowledged Comprehensive Plans).
Source:
Rule 635-405-0030 — Dispute Resolution, https://secure.sos.state.or.us/oard/view.action?ruleNumber=635-405-0030.