OAR 736-018-0030
Dispute Resolution

Notwithstanding OAR 736 division 70, this rule sets forth the Department’s requirements for resolving objections that may be raised by affected local governments in the master planning process as described in OAR 736-018-0028 (Local Government Coordination)(9). This rule is intended to be used in conjunction with OAR 660-034-0025 (Dispute Resolution), which provides direction to local governments regarding dispute resolution in a state park master planning process.

(1)

Upon receiving an objection that meets the requirements in section (2)(a) and (b) of this rule, the Department shall attempt to resolve the objection during the 60 day delay period described in OAR 736-018-0028 (Local Government Coordination)(9), either through informal discussions with the local government or through formal mediation.

(2)

The Department may choose to engage in dispute resolution for any issues raised by an objection. However, the 60 day delay period described in OAR 736-018-0028 (Local Government Coordination)(9) is only required if:

(a)

The objection is raised by a letter from the governing body of the affected local government to the Director within the comment period described in OAR 736-018-0028 (Local Government Coordination)(8)(b); and

(b)

The letter from the governing body indicates the reason or reasons why the local government believes the master plan, as proposed by the Department, is or may be inconsistent with the state park master planning criteria described in OAR 736-018-0020 (State Park Master Planning Criteria).

(3)

Depending on the results of the Department’s attempts to resolve the objection, the Department shall do one or more of the following as appropriate for the circumstances:

(a)

Delay adoption of the master plan until such time as the objection can be resolved through continued discussions or mediation with the local government;

(b)

Change the master plan to resolve the objection, provided that the changed master plan is consistent with the state park master planning criteria in OAR 736-018-0020 (State Park Master Planning Criteria);

(c)

Request LCDC mediation services as provided by OAR 660-034-0025 (Dispute Resolution);

(d)

Request a determination by LCDC regarding compliance of the master plan with the land use statutes, goals or related rules as provided by OAR 660-034-0025 (Dispute Resolution); or

(e)

Proceed with state rule adoption and submit the master plan to the local government for final action on the local plan amendment as described in OAR 736-018-0028 (Local Government Coordination)(10).

Source: Rule 736-018-0030 — Dispute Resolution, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=736-018-0030.

736‑018‑0000
Purpose 736‑018‑0005
Definitions 736‑018‑0010
Purpose of State Park Master Plans 736‑018‑0015
State Park Master Planning Process 736‑018‑0020
State Park Master Planning Criteria 736‑018‑0025
State Park Uses 736‑018‑0028
Local Government Coordination 736‑018‑0030
Dispute Resolution 736‑018‑0035
State Park Master Plans Previously Adopted as State Rules 736‑018‑0040
Minor Variations from Master Plans 736‑018‑0043
Existing State Park Uses 736‑018‑0045
Adopted State Park Master Plan Documents 736‑018‑0050
Management of State Park Forests: Policy 736‑018‑0060
Management of State Park Forests: Objectives 736‑018‑0070
Management of State Park Forests: Planning, Coordination, and Cooperation 736‑018‑0080
Management of State Park Forests: Definitions 736‑018‑0090
Management of State Park Forests: Determination of Significance 736‑018‑0105
Log Export Rules: Definitions 736‑018‑0110
Log Export Rules: Criteria Regarding Log Export of Eligibility to Bid on Department Timber Sale Contracts 736‑018‑0115
Log Export Rules: Prohibition Against Indirect Substitution 736‑018‑0120
Log Export Rules: Applicable State Timber 736‑018‑0125
Log Export Rules: Surplus Timber 736‑018‑0130
Log Export Rules: Reporting Requirements 736‑018‑0135
Log Export Rules: Purchaser Disqualification and Termination of Contracts 736‑018‑0140
Log Export Rules: Log Branding and Marking Requirements 736‑018‑0145
Log Export Rules: Enforcement
Last Updated

Jun. 8, 2021

Rule 736-018-0030’s source at or​.us