OAR 736-070-0050
Dispute Resolution
(1)
It is the intent of the Department to achieve compatibility between Department land use actions and acknowledged comprehensive plans and land use regulations whenever possible. However, a situation may occur where the Department believes its statutory mandates may prevent the Department from meeting its land use compatibility responsibility under ORS 197.180 (State agency planning responsibilities).(2)
The Department’s preference for resolving a dispute over land use compatibility is to work directly with local government until resolution is accomplished. However, if no agreement can be reached, the following procedures will be used to resolve land use disputes depending upon which of the following two situations exist:(a)
In the event that the Department is informed that a proposed or pending land use action by the Department or an applicant to the Department is incompatible with a local comprehensive plan, the Department will:(A)
Request the local government to identify and/or provide copies of the applicable plan policies and land use regulations;(B)
Cite and explain reasons for the Department’s proposed action(s);(C)
Suggest alternatives or modified Department actions; and(D)
Offer to meet and discuss solutions.(b)
As a result of the previous efforts to resolve the dispute the Department will do one or more of the following:(A)
Select an alternative or modified action (may include no action);(B)
Apply for local land use approval or plan amendment;(C)
Request mediation or a compatibility determination from LCDC pursuant to OAR 660-030-0075 (Review of Amendments to Agency Rules and Programs); and(D)
Proceed with action after adopting appropriate findings (i.e., direct compliance with statewide goals, and any necessary statutory obligation) that the action complies with statewide planning goals.(c)
In the event that the Department determines that a pending local land use approval or action does not conform or conflicts with Department statutes, adopted plans, programs or policies, the Department will:(A)
Notify the appropriate local jurisdiction of the potential conflict;(B)
Cite applicable statutes and rules with which the proposed local land action would conflict;(C)
Suggest possible alternatives or modifications to the proposed local land use approval or action;(D)
Offer to meet and discuss solutions; and(E)
Appeal the local government’s decision if adopted.(3)
As a result of the previous actions to resolve the dispute, the Department may pursue local government conformance with Department policies, plans or programs by applying for comprehensive plan amendments, or participating in periodic review.(4)
If the dispute is not resolved through the steps in 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).(5)
If the Department’s statutory obligation remains in conflict after exhausting the appropriate procedures under sections (1) through (3) of this rule and the Department determines that it must act or the Department determines it cannot delay an action, the Parks and Recreation Commission (or its designated representative) shall adopt findings in writing explaining why it cannot act compatibly with applicable city or county comprehensive plans and land use regulations and then, adopt goal findings to assure compliance with the statewide goals in accord with OAR 660-030-0065 (Agency Compliance with the Statewide Planning Goals)(3).(6)
The Department shall provide a copy of the findings reference in section (4) of this rule to applicable city or county governments and upon request to other interested persons explaining the rationale for its decision.
Source:
Rule 736-070-0050 — Dispute Resolution, https://secure.sos.state.or.us/oard/view.action?ruleNumber=736-070-0050.