OAR 660-025-0090
Evaluation, Work Program or Decision that No Work Is Necessary
(1)
The local government must conduct an evaluation of its plan and land use regulations based on the periodic review conditions in ORS 197.628 (Periodic review) and OAR 660-025-0070 (Need for Periodic Review). The local evaluation process must comply with the following requirements:(a)
The local government must follow its citizen involvement program and the requirements of OAR 660-025-0080 (Notice and Citizen Involvement) for conducting the evaluation and determining the scope of a work program.(b)
The local government must provide opportunities for participation by the department and Periodic Review Assistance Team. The local government must consider issues related to coordination between local government comprehensive plan provisions and certified state agency coordination programs that are raised by the affected agency or Periodic Review Assistance Team.(c)
The local government may provide opportunities for participation by the Regional Solutions Team.(d)
At least 21 days before submitting the evaluation and work program, or decision that no work program is required, the local government must provide copies of the evaluation to members of the Periodic Review Assistance Team, if formed, and others who have, in writing, requested copies.(e)
After review of comments from interested persons, the local government must adopt an evaluation and work program or decision that no work program is required.(2)
The local government must submit the evaluation and work program, or decision that no work program is required, to the department according to the following requirements:(a)
The evaluation must include completed evaluation forms that are appropriate to the jurisdiction as determined by the director. Evaluation forms will be based on the jurisdiction’s size, growth rate, geographic location, and other factors that relate to the planning situation at the time of periodic review. Issues related to coordination between local government comprehensive plan provisions and certified agency coordination programs may be included in evaluation forms.(b)
The local government must also submit to the department a list of persons who requested notice of the evaluation and work program or decision that no work program is required.(c)
The evaluation and work program, or decision that no work program is necessary, must be submitted within six months of the date the department sent the letter initiating the periodic review process, including any extension granted under section (3) of this rule.(3)
A local government may request an extension of time for submitting its evaluation and work program, or decision that no work program is required. The director may grant the request if the local government shows good cause for the extension. A local government may be permitted only one extension, which shall be for no more than 90 days.(4)
A decision by the director to deny a request for an extension may be appealed to the commission according to the procedures in OAR 660-025-0110 (Director and Commission Action (Work Program Phase))(5), or the director may refer a request for extension under section (3) of this rule to the commission pursuant to OAR 660-025-0085 (Commission Hearings Notice and Procedures).(5)
If a local government fails to submit its evaluation and work program, or decision that no work program is necessary, by the deadline set by the director or the commission, including any extension, the director shall schedule a hearing before the commission according to OAR 660-025-0170 (Modification of an Approved Work Program, Extensions, and Sanctions for Failure to Meet Deadlines)(3).
Source:
Rule 660-025-0090 — Evaluation, Work Program or Decision that No Work Is Necessary, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-025-0090.