Oregon Administrative Code

660-025-0160 Commission Review of Referrals and Appeals (Work Task Phase) (1) The commission shall hear appeals and referrals of work tasks or other plan amendments according to the applicable procedures in OAR 660-025-0085 and 660-025-0150. (2) The commission’s standard of revie…

660-025-0170 Modification of an Approved Work Program, Extensions, and Sanctions for Failure to Meet Deadlines (1) The commission may direct, or, upon request of the local government, the director may authorize, a local government to modify an approved work program when: (a) Issu…

660-025-0175 Review of UGB Amendments and Urban Reserve Area Designations (1) A local government must submit the following land use decisions to the department for review for compliance with the applicable statewide planning goals, statutes and rules in the manner provided for re…

660-025-0180 Stay Provisions (1) When a local government makes a final decision on a work task or portion of a work task that is required by, or carries out, an approved work program, or if the local government is required to submit a final decision to the department under OAR 66…

660-025-0185 Review of Urban Growth Boundary Amendment Components (1) A city with a population over 2,500 within its urban growth boundary, in coordination with the county or counties containing the urban growth boundary, may elect to submit a land need analysis pursuant to OAR 6…

660-025-0210 Updated Planning Documents (1) Pursuant to ORS 195.025 and 195.040 and the legislative policy described in ORS 197.010 and 197.633, each local government must file a complete and accurate copy of its comprehensive plan and land use regulations bearing the date of ado…

660-025-0220 Computation of Time (1) For the purposes of OAR chapter 660, division 25, periodic review rule, unless otherwise provided by rule, the time to complete required tasks, notices, objections, and appeals shall be computed as follows. The first day of the designated peri…

660-025-0230 Applicability (1) Except as otherwise required by law, amendments to this division apply as follows: (a) Local governments in periodic review that have not submitted an evaluation and work program, or decision that no work program is required, must apply the amendmen…

660-025-0250 Transfer of Matters to the Land Use Board of Appeals (1) The director may elect to transfer a matter to the Land Use Board of Appeals (board) under ORS 197.825(2)(c)(A), including but not limited to an appeal of the director’s decision pursuant to OAR 660-025-0150(6)…

660-027-0005 Purpose and Objective (1) This division is intended to implement the provisions of Oregon Laws 2007, chapter 723 regarding the designation of urban reserves and rural reserves in the Portland metropolitan area. This division provides an alternative to the urban reser…

660-027-0010 Definitions The definitions contained in ORS chapters 195 and 197 and the Statewide Planning Goals (OAR chapter 660, division 15) apply to this division, unless the context requires otherwise. In addition, the following definitions apply: (1) “Foundation Agricultural…

660-027-0020 Authority to Designate Urban and Rural Reserves (1) As an alternative to the authority to designate urban reserve areas granted by OAR chapter 660, division 21, Metro may designate urban reserves through intergovernmental agreements with counties and by amendment of …

660-027-0030 Urban and Rural Reserve Intergovernmental Agreements (1) An intergovernmental agreement between Metro and a county to establish urban reserves and rural reserves under this division shall provide for a coordinated and concurrent process for Metro to adopt regional fr…

660-027-0040 Designation of Urban and Rural Reserves (1) Metro may not designate urban reserves under this division in a county until Metro and applicable counties have entered into an intergovernmental agreement that identifies the lands to be designated by Metro as urban reserv…

660-027-0050 Factors for Designation of Lands as Urban Reserves Urban Reserve Factors: When identifying and selecting lands for designation as urban reserves under this division, Metro shall base its decision on consideration of whether land proposed for designation as urban rese…

660-027-0060 Factors for Designation of Lands as Rural Reserves (1) When identifying and selecting lands for designation as rural reserves under this division, a county shall indicate which land was considered and designated in order to provide long-term protection to the agricul…

660-027-0070 Planning of Urban and Rural Reserves (1) Urban reserves are the highest priority for inclusion in the urban growth boundary when Metro expands the UGB, as specified in Goal 14, OAR chapter 660, division 24, and in ORS 197.298. (2) In order to maintain opportunities f…

660-027-0080 Local Adoption and Commission Review of Urban and Rural Reserves (1) Metro and county adoption or amendment of plans, policies and other implementing measures to designate urban and rural reserves shall be in accordance with the applicable procedures and requirements…

660-028-0010 Definitions For purposes of this division, the definitions contained in ORS 197.015 and the Statewide Land Use Planning Goals (OAR chapter 660, division 15) apply. In addition, the following definitions apply: (1) “Conservation easement” has the meaning provided in O…

660-028-0020 Selection of Pilot Projects (1) This rule establishes the process for the commission to select up to three TDR pilot projects from among projects nominated by one or more local governments, as provided in Oregon Laws 2009, chapter 636. (2) A proposed TDR pilot projec…

660-028-0030 Requirements for TDR Pilot Projects (1) At the time the local government(s) submits an application for a proposed TDR pilot project, the proposed sending area must be planned and zoned for forest use, may not exceed 10,000 acres, and must contain four or fewer dwelli…

660-029-0000 Purpose In 2007, Oregon voters approved Measure 49 (M49), which authorized certain property owners to develop additional home sites. M49 also authorized counties to establish a system for the purchase and sale of severable development interests (known as transferable…

660-029-0010 Definitions For purposes of this division, the definitions contained in ORS 197.015 and the Statewide Land Use Planning Goals (OAR chapter 660, division 15) apply. In addition, the following definitions apply: (1) “Conservation easement” has the meaning provided in O…

660-029-0020 County Authority to Establish a M49 TDC System Counties may establish a system, consistent with this division, to allow for the creation and transfer of TDCs from M49 properties. Counties that choose to adopt a M49 TDC system shall: (1) Adopt a local ordinance that m…

660-029-0030 Sending Properties (1) A county may only designate sending properties consisting of M49 properties: (a) For which new dwellings have been authorized by a M49 final determination; (b) That have lawful access; and (c) That are located: (A) Within a zone or overlay zone…

660-029-0040 Calculation and Types of Transferable Development Credits When an applicant submits an application to a county under OAR 660-029-0050, the county shall determine the number of credits that may be transferred from the applicable M49 property consistent with this rule.…

660-029-0050 Process for Creating Transferable Development Credits (1) An applicant may apply to a county that has established a M49 TDC system under OAR 660-029-0020 to convert dwelling authorizations under M49 into TDCs. The county shall evaluate the application based on the lo…

660-029-0060 Protection of Sending Properties (1) To qualify for bonus credits under OAR 660-029-0040, the M49 property must be permanently restricted from future development or land division for any purpose other than: (a) Farm use as defined in ORS 215.203; (b) Agricultural bui…

660-029-0070 Conveyance of TDC Ownership (1) Prior to conveying ownership of a TDC, the owner of the TDC must submit notice of the conveyance to the department, using an online form provided by the department. (2) On receipt of a notice of conveyance, the department shall acquire…

660-029-0080 Designation of Receiving Areas A county may only designate receiving areas as provided in sections (1) and (2) of this rule, subject to the limitations of sections (3) and (4). (1) Rural Residential exceptions areas may be designated as receiving areas. A local TDC s…

660-029-0090 Process for Using Transferable Development Credits (1) A person who proposes to use TDCs within a receiving area shall submit an application to the county accompanied by TDC certificates sufficient to permit the proposed development. (2) If TDCs are used in a rural r…

660-029-0100 Interjurisdictional Transfer of Development Credits (1) Counties may enter into cooperative agreements under ORS chapter 195 to establish a system for the transfer of TDCs between the counties that are parties to the agreement, subject to the limitations in section (…

660-029-0110 TDC Bank Option A county or regional or state agency may establish a TDC bank to facilitate: (1) Buying TDCs from M49 sending properties; (2) Selling TDCs for potential use in receiving areas; (3) Managing funds available for the purchase and sale of TDCs; (4) Servin…

660-029-0120 Amending or Abolishing a TDC System If a county amends or abolishes a TDC system, the county shall notify the owners of all TDCs that have not been used. The county must allow at least 12 months for an owner of TDCs to use them under the prior system. Statutory/Other…

660-030-0000 Purpose The purpose of this division is to respond to the legislative findings and policy in ORS 197.005 and 197.010. This division implements provisions in Statewide Planning Goal 2, ORS 197.040(2)(e), 197.090(1)(b) and 197.180 and explains the relationship between …

660-030-0005 Definitions For the purpose of this division, the definitions in ORS 197.015 and the following definitions shall apply: (1) “Acknowledged Comprehensive Plan” means a comprehensive plan and land use regulations or plan or regulation amendment which complies with the g…

660-030-0045 Submittal of Agency Coordination Programs (1) Upon a request by the Commission pursuant to a schedule developed by the Director, each state agency shall submit a coordination program to the Department. The agency shall provide the Department with seven copies of its …

660-030-0050 Notice of Review of Agency Coordination Programs (1) After informing a state agency in writing that its submittal is complete, the Director shall provide an opportunity for interested persons to submit written comments and objections to the Department regarding certi…

660-030-0055 Review of Agency Coordination Programs (1) An agency coordination program found to be complete pursuant to OAR 660-030-0045(4) shall be evaluated by the Director. The results of this evaluation, including responses to timely objections, together with a recommendation…

660-030-0060 Required Elements of an Agency Coordination Program (1) An agency coordination program must satisfy the requirements specified in ORS 197.180(2)(a)–(d) and OAR 660-030-0060(2) and (3). (2) The four required elements of a state agency coordination program listed in OR…

660-030-0065 Agency Compliance with the Statewide Planning Goals (1) A state agency shall adopt as part of its coordination program under OAR 660-030-0060 appropriate rules and procedures as required under this rule to assure that the agency’s land use programs comply with the st…

660-030-0070 Agency Compatibility with Acknowledged Comprehensive Plans (1) A state agency shall be as part of its coordination program under OAR 660-030-0060 adopt appropriate rules and procedures to assure that the agency’s land use programs are compatible with acknowledged com…

660-030-0075 Review of Amendments to Agency Rules and Programs (1) The purpose of this rule is to assure that new agency rules and programs or amendments to existing land use programs of certified state agencies comply with the requirements of ORS 197.180 and OAR chapter 660, div…

660-030-0080 Agency Requirements to Assure Compliance with the State Goals and Compatibility with Acknowledged Comprehensive Plans Prior to Certification by the Commission (1) Until an agency’s rules and programs are certified by the Commission, the agency shall make findings pur…

660-030-0085 Local Government Reliance on State Agency Land Use Programs (1) As an alternative method for achieving compliance, a local government may rely on a state agency land use program for the purpose of meeting one or more statewide goals or individual goal requirements. (…

660-030-0090 Relationship Between OAR chapter 660, divisions 30 and 31 (1) The purpose of OAR chapter 660, division 31 (entitled “State Permit Compliance and Compatibility”) pursuant to ORS 197.180(7), is to specify state agency responsibilities for goal compliance and comprehens…

660-030-0095 Application (1) These amendments to OAR chapter 660, division 30 shall be effective upon state agencies and other affected persons upon filing of the adopted amendments with the Secretary of State. (2) Any state agency with a coordination program certified by the Com…

660-031-0005 Introduction Purpose The purpose of this rule is to clarify state agency responsibilities to apply the Statewide Planning Goals and acknowledged Comprehensive Plans during permit reviews (ORS 197.180(1) through (7)). The rule establishes procedures and standards whic…

660-031-0010 Definitions (1) “Acknowledged Comprehensive Plan” means a comprehensive plan and implementing ordinances that have been adopted by a city or county and have been found by the Land Conservation and Development Commission to be in compliance with the Statewide Planning…

660-031-0012 Listing of Class A and Class B State Agency Permits Affecting Land Use (1) Class A Permits: (a) Department of Energy (DOE) — Energy Facility Site Certificates; (b) Department of Fish and Wildlife (DFW) — Salmon Hatchery Permit; (c) Department of State Lands (DSL) — F…