ORS 421.645
Issuing permits necessary for construction and operation of facility

  • rules

(1)

Notwithstanding ORS 195.025 (Regional coordination of planning activities), 197.175 (Cities’ and counties’ planning responsibilities), 197.180 (State agency planning responsibilities), 215.130 (Application of ordinances and comprehensive plan) (4), 227.286 (Regulations applicable to public property), 455.148 (Comprehensive municipal building inspection programs) or 455.150 (Selective municipal building inspection programs) or any other provision of law, including but not limited to statutes, ordinances, regulations and charter provisions, the Director of the Department of Consumer and Business Services, through the Building Codes Division, shall exercise authority for the issuance of all permits required under the state building code for the construction and operation of the women’s correctional facility and intake center complex approved under ORS 421.643 (Notice to Governor regarding proposed site).

(2)

All other state agencies, including but not limited to the Department of Environmental Quality, shall issue such permits within the authority of the agency as may be necessary for the construction and operation of the complex.

(3)

Within the authority of the city, county or political subdivision, each city, county and political subdivision shall issue the appropriate permits, licenses and certificates not issued under subsections (1) and (2) of this section, including all necessary construction permits over public rights of way, and enter into any intergovernmental agreements as may be necessary for the construction and operation of the complex.

(4)

A state agency or local government that issues a permit, license or certificate under subsections (1) to (7) of this section shall continue to exercise enforcement authority over the permit, license or certificate.

(5)

Except as provided in ORS 421.649 (Provision of public services), nothing in ORS 421.635 (Definitions for ORS 421.635 to 421.657) to 421.657 (Condemnation of property) expands or otherwise alters the obligations of a city, county or political subdivision to pay for infrastructure improvements for the complex.

(6)

Intentionally left blank —Ed.

(a)

State agencies and local governments shall issue any permit, license or certificate required under subsections (1) to (3) of this section within 60 days of receiving a completed application for the permit, license or certificate from the Department of Corrections or a person acting on behalf of the department. A state agency or local government may impose reasonable conditions on any permit, license or certificate but may not deny the permit, license or certificate unless denial is required under federal law.

(b)

If a permit, license or certificate required under subsections (1) to (7) of this section is not issued within 60 days of receiving a completed application, the Department of Corrections may file a petition for a writ of mandamus in the circuit court for the jurisdiction of the affected local government to compel issuance of the permit, license or certificate. The writ shall issue unless the local government can demonstrate by clear and convincing evidence that issuing the permit, license or certificate would violate a substantive provision of the state building code, exceed the local government’s statutory authority or violate federal law.

(c)

Proceedings on a petition for a writ of mandamus under this subsection shall comply with the applicable provisions of ORS chapter 34.

(7)

The issuance of any permit, license or certificate under subsections (1) to (7) of this section and any construction or development undertaken pursuant to such permit, license or certificate shall not be considered in support of or in opposition to an application for a land use decision under ORS chapter 197, 215 or 227.

(8)

In accordance with the applicable provisions of ORS chapter 183 and notwithstanding ORS 455.035 (Effective date of rules), the Director of the Department of Consumer and Business Services shall adopt such rules as the director determines necessary to implement the provisions of subsections (1) to (7) of this section. [1999 c.982 §§7,8(1); 2001 c.573 §4]

Source: Section 421.645 — Issuing permits necessary for construction and operation of facility; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html.

421.005
Definitions
421.068
Use of revenue from certain sources
421.069
Report to legislature following audit of women’s correctional facility
421.073
Housing of Adults in Custody from Other Jurisdictions Account
421.076
Telephone service provider contracts
421.081
Correctional education system
421.084
Adult basic skills development program
421.085
Experimentation on adults in custody prohibited
421.105
Enforcement of rules
421.107
Use of dog for cell extraction prohibited
421.113
Provision of immunization against influenza virus
421.120
Reduction in term of sentence
421.121
Reduction in term of incarceration
421.122
Status of time enrolled in work release
421.125
Clothing, money and documents upon release
421.132
Department fees for service of process and other documents
421.137
Labeling of goods made in hobby and recreation programs
421.142
Manufacture and sale of handiwork
421.145
Disposition of moneys obtained from sale of products of labor of adult in custody
421.147
Disposition of unclaimed or abandoned tangible property of adults in custody
421.150
Custody of federal prisoners
421.155
Dangerous offenders to be observed and treated
421.160
Written report concerning conduct of dangerous offenders
421.166
Emergency leave
421.168
Transitional leave
421.170
Enrollment of adult in custody in work release program
421.180
Disciplinary procedures
421.185
Assistance and representation in disciplinary procedures
421.190
Admissible evidence at disciplinary hearing
421.194
Disciplinary orders not subject to judicial review
421.205
Contracts with federal government, other states or counties, or other agencies for detention and care of adults in custody
421.210
Transfer of adults in custody to contract institutions
421.213
Records of transfer
421.215
Procurement of transferred adults in custody when required for judicial proceedings
421.220
Return of transferred adults in custody
421.225
Expenses of superintendents
421.229
Transfer of foreign adults in custody
421.245
Interstate Corrections Compact
421.250
Powers of Governor
421.254
Priority of corrections compacts
421.282
Definitions for ORS 421.282 to 421.294
421.284
Western Interstate Corrections Compact
421.286
Commitments or transfers of inmates to institution in another state
421.288
Enforcing and administering compact
421.290
Hearings by director
421.292
Hearings in another state
421.294
Contracts to implement compact
421.296
Interstate Forest Fire Suppression Compact
421.297
Powers of Governor
421.298
Duties of State Forester
421.305
Establishment of industries in institutions
421.312
Contracts with federal government for producing goods or furnishing services of adults in custody during national emergency authorized
421.344
Creation of Oregon Corrections Enterprises as semi-independent agency
421.347
Advisory council
421.349
Advisory committee
421.352
Applicability of certain statutes to Oregon Corrections Enterprises
421.354
Authority of Oregon Corrections Enterprises
421.357
Limitation on amount agency may charge Oregon Corrections Enterprises
421.359
Disposition of income and revenues
421.362
Continuation of employment of certain Department of Corrections employees
421.364
Provision of legal services to Oregon Corrections Enterprises
421.367
Report to Governor and Legislative Assembly
421.405
Use of labor of adults in custody for benefit of officials prohibited
421.412
Use of labor of adults in custody in acquisition of crops to be consumed in state institutions
421.420
Use of labor of adults in custody to clear unimproved land
421.423
Use of labor of adults in custody for electrical or plumbing work
421.437
Compensation of adults in custody
421.438
Authority to enter into contracts concerning certain operations and programs
421.442
Creation of accounts and subaccounts relating to prison work and on-the-job training programs
421.444
Intellectual property
421.445
Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program
421.450
Definitions for ORS 421.455 to 421.480
421.455
Forest work camps
421.465
Transfer of state adults in custody to forest work camp
421.467
Transfer of local adults in custody to forest work camp
421.468
Prior approval required for transfer of local adult in custody
421.470
Authority over adults in custody in camps
421.476
Compensation of adults in custody for labor at forest camps
421.480
Return of adult in custody to institution
421.490
Work camps
421.500
Findings
421.502
Definitions for ORS 421.502 to 421.512
421.504
Special alternative incarceration program
421.506
Intensive alternative incarceration addiction program
421.507
Suspension or termination of program
421.508
Determination of eligibility for program
421.509
Provision of information to program participants
421.510
Eligibility for nonprison leave
421.512
Rulemaking
421.590
Medical treatment programs
421.605
Location and use of penitentiary
421.609
New correctional facilities
421.611
Findings
421.612
Definitions
421.614
Corrections facilities
421.616
When department required to nominate sites for corrections facilities
421.618
Meetings to discuss site selections
421.621
Corrections Facilities Siting Authority
421.623
Hearings in region where nominated site located
421.626
Notification to Governor
421.628
Effect of decision of Corrections Facilities Siting Authority
421.630
Judicial review
421.633
Lease of Milliron Road Site
421.635
Definitions for ORS 421.635 to 421.657
421.637
When department required to propose site
421.639
Exclusion of F. H. Dammasch State Hospital as department facility
421.641
Hearings in region where proposed site located
421.643
Notice to Governor regarding proposed site
421.645
Issuing permits necessary for construction and operation of facility
421.647
Review of decision relating to permits
421.649
Provision of public services
421.651
Prison Advisory Committee
421.653
Judicial review
421.655
Proceedings for review
421.657
Condemnation of property
421.670
Department disposal of sited property
421.805
Siting of branch institutions
421.990
Penalties
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