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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF TRANSPORTATION

 

DIVISION 15

COORDINATION RULES

 

731-015-0005

Purpose

The purpose of this division is to establish the procedures used by the Department of Transportation to implement the provisions of its State Agency Coordination Program which assure that Department land use programs are carried out in compliance with the statewide planning goals and in a manner compatible with acknowledged comprehensive plans, as required by ORS 197.180 and OAR 660, Divisions 30 and 31.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0015

Definitions

For the purposes of OAR 731-015-0005 through 731-015-0135:

(1) "Accessory Facility" means a facility which assists the Department in administering, managing, maintaining and operating a transportation facility. Examples include office buildings, weigh stations, maintenance yards, equipment repair shops and quarries.

(2) "Affected City or County" means a city or county that has comprehensive planning authority over a site or area which is directly impacted by a proposed Commission or Department action.

(3) "Affected State and Federal Agencies" means state and federal agencies identified in the Department's state agency coordination program.

(4) "Class 1 Projects" means projects meeting federal criteria for Class 1 Projects under the National Environmental Policy Act (NEPA) and federal agency regulations which carry out NEPA requirements.

(5) "Class 2 Projects" means projects meeting federal criteria for Class 2 Projects under NEPA and federal agency regulations which carry out NEPA requirements.

(6) "Class 3 Projects" means projects meeting federal criteria for Class 3 Projects under NEPA and federal agency regulations which carry out NEPA requirements.

(7) "Commission" means the Transportation Commission.

(8) "Department" means the Department of Transportation.

(9) "DLCD" means the Department of Land Conservation and Development.

(10) "Facility Plan" means a plan for a transportation facility such as a highway corridor plan and an airport master plan.

(11) "Metropolitan Planning Organization" means the organization designated by the Governor to coordinate transportation planning in an urbanized area of the state.

(12) "Modal Systems Plan" means a plan for a statewide system of one or more transportation modes that includes identification of system needs, classification of facilities, and establishment of policies.

(13) "New Transportation Facility" means a transportation facility that does not currently exist. It does not mean the realignment or expansion of an existing transportation facility.

(14) "Transportation Facility" means a facility and all of its parts which are used for conveying and managing the transportation of people and goods. It includes all associated structures and alterations that are necessary to protect public safety and mitigate the environmental effects of a transportation facility.

(15) "Transportation Policy Plan" means the policy plan for the state transportation system encompassing all modes of transportation.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0025

Applicability

The provisions of OAR 731-015-0005 through 731-015-0135 apply the following programs and activities:

(1) Adoption of the Transportation Policy Plan.

(2) Adoption of modal systems plans.

(3) Adoption of transportation facility plans.

(4) Adoption of project plans for Class 1 and Class 3 projects.

(5) Adoption of project plans for Class 2 projects which would involve any of the activities listed OAR 731-015-0035.

(6) Carrying out operations, maintenance and modernization activities, except for repair of damaged highways as authorized by ORS 366.445, which would involve any of the activities listed OAR 731-015-0035.

(7) Issuing any of the following permits or licenses:

(a) Road Approach Permits;

(b) Airport Site Approval and License;

(c) Sign Permits;

(d) Permits for Utility Use of Right of Way.

(8) Renewing permits or licenses in the following circumstances:

(a) Proposed expansion of a licensed airport to permit service to a larger class of aircraft;

(b) Proposed enlargement of a sign.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0035

Activities Which Significantly Affect Land Use

The following activities undertaken by the Department significantly affect land use:

(1) Enlarging an existing transportation facility to increase the level of transportation service provided, relocating an existing transportation facility, or constructing a new transportation facility.

(2) Constructing a new accessory facility, enlarging an existing accessory facility, or significantly changing the use of an existing accessory facility.

(3) Changing the size of land parcels through the sale of property.

(4) Altering land or structures in a way that significantly affects resources or areas protected by the statewide planning goals or acknowledged comprehensive plans. Examples include:

(a) Placing or disposing of materials in wetlands, waterways or floodplains;

(b) Structurally stabilizing shore lands by placing riprap or by other means;

(c) Draining wetlands by ditching or by other means;

(d) Demolishing or altering a historic bridge or other historic structure;

(e) Removing riparian vegetation.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0045

Coordination Procedures for Adopting the Final Transportation Policy Plan

(1) Except in the case of minor amendments, the Department shall involve DLCD, metropolitan planning organizations, and interested cities, counties, state and federal agencies, special districts, and other interested parties in the development or amendment of the transportation policy plan. This involvement may take the form of mailings, meetings, or other means that the Department determines are appropriate for the circumstances. The Department shall hold at least one public meeting on the plan prior to adoption.

(2) The Department shall evaluate and write draft findings of compliance with all applicable statewide planning goals.

(3) The Department shall present to the Transportation Commission the draft plan and findings of compliance with all applicable statewide planning goals.

(4) The Transportation Commission shall adopt findings of compliance with all applicable statewide planning goals when it adopts the final transportation policy plan.

(5) The Department shall provide copies of the adopted final transportation policy plan and findings to DLCD, the metropolitan planning organizations, and others who request to receive a copy.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0055

Coordination Procedures for Adopting Final Modal Systems Plans

(1) Except in the case of minor amendments, the Department shall involve DLCD, metropolitan planning organizations, and interested cities, counties, state and federal agencies, special districts and other parties in the development or amendment of a modal systems plan. This involvement may take the form of mailings, meeting, or other means that the Department determines are appropriate for the circumstances. The Department shall hold at least one public meeting on the plan prior to adoption.

(2) The Department shall evaluate and write draft findings of compliance with all applicable statewide planning goals.

(3) If the draft plan identifies new facilities which would affect identifiable geographic areas, the Department shall meet with the planning representatives of affected cities, counties and metropolitan planning organization to identify compatibility issues and the means of resolving them. These may include:

(a) Changing the draft plan to eliminate the conflicts;

(b) Working with the affected local governments to amend their comprehensive plans to eliminate the conflicts; or

(c) Identifying the new facilities as proposals which are contingent on the resolution of the conflicts prior to the completion of the transportation planning program for the proposed new facilities.

(4) The Department shall present to the Transportation Commission the draft plan, findings of compatibility for new facilities affecting identifiable geographic areas, and findings of compliance with all applicable statewide planning goals.

(5) The Transportation Commission, when it adopts a final modal systems plan, shall adopt findings of compatibility for new facilities affecting identifiable geographic areas and findings of compliance with all applicable statewide planning goals.

(6) The Department shall provide copies of the adopted final modal systems plan and findings to DLCD, the metropolitan planning organizations, and others who request to receive a copy.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0065

Coordination Procedures for Adopting Final Facility Plans

(1) Except in the case of minor amendments, the Department shall involve DLCD and affected metropolitan planning organizations, cities, counties, state and federal agencies, special districts and other interested parties in the development or amendment of a facility plan. This involvement may take the form of mailings, meetings or other means that the Department determines are appropriate for the circumstances. The Department shall hold at least one public meeting on the plan prior to adoption.

(2) The Department shall provide a draft of the proposed facility plan to planning representatives of all affected cities, counties and metropolitan planning organization and shall request that they identify any specific plan requirements which apply, any general plan requirements which apply and whether the draft facility plan is compatible with the acknowledged comprehensive plan. If no reply is received from an affected city, county or metropolitan planning organization within 30 days of the Department's request for a compatibility determination, the Department shall deem that the draft plan is compatible with that jurisdiction's acknowledged comprehensive plan. The Department may extend the reply time if requested to do so by an affected city, county or metropolitan planning organization.

(3) If any statewide goal or comprehensive plan conflicts are identified, the Department shall meet with the local government planning representatives to discuss ways to resolve the conflicts. These may include:

(a) Changing the draft facility plan to eliminate the conflicts;

(b) Working with the local governments to amend the local comprehensive plans to eliminate the conflicts; or

(c) Identifying the conflicts in the draft facility plan and including policies that commit the Department to resolving the conflicts prior to the conclusion of the transportation planning program for the affected portions of the transportation facility.

(4) The Department shall evaluate and write draft findings of compatibility with acknowledged comprehensive plans of affected cities and counties, findings of compliance with any statewide planning goals which specifically apply as determined by OAR 660-030-0065(3)(d), and findings of compliance with all provisions of other statewide planning goals that can be clearly defined if the comprehensive plan of an affected city or county contains no conditions specifically applicable or any general provisions, purposes or objectives that would be substantially affected by the facility plan.

(5) The Department shall present to the Transportation Commission the draft plan, findings of compatibility with the acknowledged comprehensive plans of affecting cities and counties and findings of compliance with applicable statewide planning goals.

(6) The Transportation Commission shall adopt findings of compatibility with the acknowledged comprehensive plans of affected cities and counties and findings of compliance with applicable statewide planning goals when it adopts the final facility plan.

(7) The Department shall provide copies of the adopted final facility plan and findings to DLCD, to affected metropolitan planning organizations, cities, counties, state and federal agencies, special districts and to others who request to receive a copy.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0075

Coordination Procedures for Adopting Plans for Class 1 and 3 Projects

(1) The Department shall involve affected cities, counties, metropolitan planning organizations, state and federal agencies, special districts and other interested parties in the development of project plans. The Department shall include planning officials of the affected cities, counties and metropolitan planning organization on the project technical advisory committee.

(2) Goal compliance and plan compatibility shall be analyzed in conjunction with the development of the Draft Environmental Impact Statement or Environmental Assessment. The environmental analysis shall identify and address relevant land use requirements in sufficient detail to support subsequent land use decisions necessary to authorize the project.

(3) Except as otherwise set forth in section (4) of this rule, the Department shall rely on affected cities and counties to make all plan amendments and zone changes necessary to achieve compliance with the statewide planning goals and compatibility with local comprehensive plans after completion of the Draft Environmental Impact Statement or Environmental Assessment and before completion of the Final Environmental Impact Statement or Revised Environmental Assessment. These shall include the adoption of general and specific plan provisions necessary to address applicable statewide planning goals.

(4) The Department may complete a Final Environmental Impact Statement or Revised Environmental Assessment before the affected cities and counties make necessary plan amendments and zone changes in the following case:

(a) The Final Environmental Impact Statement or Revised Environmental Assessment identifies that the project be constructed in phases; and

(b) The Department finds:

(A) There is an immediate need to construct one or more phases of the project. Immediate need may include, but is not limited to, the facility to be improved or replaced currently exceeds or is expected to exceed within five years the level of service identified in the Oregon Highway Plan; and

(B) The project phase to be constructed meets a transportation need independent of the overall project, is consistent with the purpose and need of the overall project as identified in the FEIS, and will benefit the surrounding transportation system even if no further phases of the project are granted land use approval.

(5) If a Final Environmental Impact Statement or Revised Environmental Assessment is completed pursuant to section (4) of this rule, all necessary plan amendments and zone changes associated with the particular phase of the project to be constructed shall be made by the city or county prior to constructing that phase of the project.

(6) If compatibility with a city or county comprehensive plan cannot be achieved, the Department may modify one or more project alternatives to achieve compatibility or discontinue the project.

(7) The Commission or its designee shall adopt findings of compatibility with the acknowledged comprehensive plans of affected cities and counties when it grants design approval for the project. Notice of the decision shall be mailed out to all interested parties.

(8) The Department shall obtain all other land use approvals and planning permits prior to construction of the project.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 197.180
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90; DOT 3-1998, f. & cert. ef. 12-18-98

731-015-0085

Coordination Procedures for Adopting Plans for Class 2 Projects Determined to Significantly Affect Land Use

The procedures in this section shall be followed when the Department determines that a Class 2 project would significantly affect land use in accordance with OAR 731-015-0035.

(1) Planning officials of affected cities and counties shall be contacted at the start of project planning to identify any possible compliance or compatibility conflicts and ways to avoiding conflicts.

(2) The Department shall attempt to avoid any identified compliance or compatibility conflicts as it develops its plans.

(3) Planning officials of affected cities and counties shall be requested to review preliminary final plans to identify whether any local land use approvals are needed and whether any of the acknowledged comprehensive plan's general provisions would be substantially affected. If no local planning approvals are required and if the plan's general provisions would not be substantially affected the Department shall conclude that the project is compatible. If no comments are received from an affected local jurisdiction within 15 days of the Department's request for a compatibility determination, the Department shall deem that the preliminary project plans are compatible with the acknowledged comprehensive plan for that jurisdiction. The Department may extend the reply time if requested to do so by an affected city or county.

(4) If any local planning approvals are required the Department shall either modify its project plans so as to not require approvals, or shall apply for the necessary approvals.

(5) If the affected city or county does not grant approval, the Department may:

(a) Modify the project plans so as to not require approval;

(b) Discontinue further work on the project; or

(c) Appeal the city or county decision.

(6) The Department shall obtain local planning approvals prior to construction of the project.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0095

Coordination Procedures for Constructing or Improving Buildings in Salem Area

The Department shall satisfy its goal compliance and plan compatibility responsibilities for constructing or improving buildings in areas subject to the jurisdiction of the Capitol Planning Commission by adhering to the Capitol Planning Commission's land use coordination rules in OAR Chapter 110, Division 10, and the procedure contained in the Capitol Planning Commission's certified State Agency Coordination Program.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0105

Coordination Procedures for Operations, Maintenance and Modernization Activities

The procedures in this section shall be followed when the Department determines that an operations, maintenance or modernization activity would significantly affect land use in accordance with OAR 731-015-0035 unless compliance with the statewide planning goals and compatibility with acknowledged comprehensive plans has been established through application of OAR 731-015-0075 or OAR 731-015-0085.

(1) The Department shall consult planning officials of the affected city or county to determine whether any local land use approvals are required to carry out the proposed activity.

(2) If any local planning approvals are required, the Department shall either modify the proposed activity so as to not require approval, or shall apply for the necessary approvals.

(3) If the approvals are not granted the Department may:

(a) Modify the proposed activity so as to not require permits;

(b) Not do the proposed activity; or

(c) Appeal the local decision.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0110

Coordination Procedures for the Disposal of Surplus Right of Way

(1) The Department shall apply LCDC Goal 17 implementation requirement number 6 as well as applicable statutes when determining whether to declare right of way as surplus.

(2) The Department shall notify potential buyers of their responsibility to establish compliance and compatibility.

(3) The Department shall obtain a written statement from a planning official of the affected city or county that all land use planning approvals have been obtained or that the planned sale complies with the acknowledged comprehensive plan but no local land use approvals are needed.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0115

Permit Program Procedures

(1) The Department shall notify applicants for permits or licenses or renewals of permits or licenses listed in OAR 731-015-0025 of their responsibility to demonstrate compliance and compatibility.

(2) The Department shall not issue a permit unless certification of compatibility is demonstrated by the applicant. The Department may deny, condition or further restrict a permit that is compatible as necessary to carry out applicable Department rules and statutes.

(3) Certification shall be documentation that all local land use planning approvals have been obtained or a written statement by a planning official of the affected city or county that the application complies with the acknowledged comprehensive plan but no local land use approvals are needed.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0125

Referral of Compatibility Disputes to the Land Conservation and Development Commission

If a compatibility conflict persists after pursuing the compatibility procedures listed in OAR 731-015-0045 through 731-015-0115, the Department shall request that the Land Conservation and Development Commission make a compatibility determination in accordance with OAR 660-030-0070(7) through (12).

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

731-015-0135

Statewide Goal Compliance and Acknowledged Plan Compatibility for New or Amended Rules and Programs Significantly Affecting Land Use

(1) The Commission and Department shall follow the procedures in OAR 660-030-0075 to assure that new or amended rules and programs comply with the requirements of ORS 197.180 and OAR Chapter 660, Division 30.

(2) The Department shall determine whether new or amended rules and programs affect land use pursuant to OAR 660-030-0005(2) and OAR 731-015-0035.

(3) This section shall not apply to the adoption of temporary rules or programs.

Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS 197.180
Hist.: DOT 5-1990, f. & cert. ef. 9-26-90

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