OAR 635-405-0035
Compliance and Compatibility of New or Amended Land Use Programs
(1)
LCDC certification of the Department’s SAC Program signifies that the Department has fulfilled its statutory state agency coordination responsibilities. The Department shall implement the following procedures to assure that new Department programs and any amendments to existing Department programs identified in OAR 635-405-0010 (Applicability) shall conform to the Department’s certified SAC Program and the requirements in ORS 197.180 (State agency planning responsibilities) and OAR 660, division 030.(2)
The Department shall not amend its certified state agency coordination program, adopt new programs, or amend existing programs identified in OAR 635-405-0010 (Applicability) without notifying the DLCD in accordance with 660-030-0075 (Review of Amendments to Agency Rules and Programs).(3)
Such notice to adopt or amend a program or regulation as described in section (2) of this rule shall be provided to the DLCD in writing not less than 45 days before Department adoption is scheduled to occur.(4)
The notice provided to DLCD shall demonstrate that the proposed new adoption or amendment:(a)
Does not affect land use; or(b)
Affects land use and goal compliance and comprehensive plan compatibility shall be assured through adherence to existing procedures in the Department’s certified SAC Program; or(c)
Affects land use, but is not covered by regulations and procedures in the Department’s certified SAC program. In this case, the notice shall include an explanation of how the Department shall assure goal compliance and comprehensive plan compatibility in accordance with the applicable provisions of OAR 660-030-0075 (Review of Amendments to Agency Rules and Programs).
Source:
Rule 635-405-0035 — Compliance and Compatibility of New or Amended Land Use Programs, https://secure.sos.state.or.us/oard/view.action?ruleNumber=635-405-0035.