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OREGON DEPARTMENT OF AVIATION
DIVISION 130
STATE AGENCY COORDINATION
PROGRAM
738-130-0005
Purpose
The purpose of this division is to establish
the procedures used by the Department of Aviation 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. The Department of Aviation adopts the provisions of
the State Agency Coordination Program in effect on the date this rule is filed with
the Secretary of State.
Stat. Auth.: ORS 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0015
Definitions
For the purposes of OAR 738-130-0005 through
738-130-0135 the following definitions apply:
(1) “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 Board or Department action.
(2) “Affected State and
Federal Agencies” means state and federal agencies identified in the Department’s
state agency coordination program.
(3) “Board” means
the Aviation Board.
(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) “Department”
means the Department of Aviation.
(8) “DLCD” means
the Department of Land Conservation and Development.
(9) “Facility Plan”
means a plan for a transportation facility such an airport master plan.
(10) “Metropolitan Planning
Organization” means the organization designated by the Governor to coordinate
transportation planning in an urbanized area of the state.
(11) “Oregon Aviation
Plan” means a plan for a statewide system of aviation that includes identification
of system needs, classification of facilities, and establishment of policies as
defined in the Oregon Aviation Plan.
(12) “New Transportation
Facility” means a transportation facility that does not currently exist. It
does not mean the expansion of an existing transportation facility.
(13) “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.
Stat. Auth.: ORS 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0025
Applicability
The provisions of OAR 738-130-0005 through
738-130-0135 apply to the following programs and activities:
(1) Adoption of the Transportation
Policy Plan.
(2) Adoption of Oregon Aviation
Plan.
(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 in OAR 738-130-0035.
(6) Carrying out operations,
maintenance and modernization activities, which would involve any of the activities
listed in OAR 738-130-0035.
(7) Issuing any of the following
permits or licenses for Airport Site Approval and License
(8) Renewing permits or licenses
for proposed expansion of a licensed airport to permit service to a larger class
of aircraft.
Stat. Auth.: ORS 835.035 & 835.112
Stats. Implemented: ORS
197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0035
Activities Which Significantly Affect
Land Use
The following activities undertaken by
the Department significantly affect land use:
(1) Adopting Airport Master
Plans which significantly affect the objectives of the Transportation Goal (Goal
12).
(2) Enlarging an existing transportation
facility to increase the level of transportation service provided, relocating an
existing transportation facility, or constructing a new transportation facility.
(3) Constructing a new Airport
Operations Area (AOA), enlarging an existing AOA, or significantly changing the
use of an existing AOA.
(4) Changing the size of land
parcels through the purchase or sale of property.
(5) 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) Draining wetlands by ditching
or by other means;
(c) Removing riparian vegetation.
(6) Agency review of proposed
development in and around Airport Safety Overlay Zone areas in order to promote
aviation safety by prohibiting structures, trees, and other objects of natural growth
from penetrating “airport imaginary surfaces.”
(7) Agency review of structures
outside of Airport Safety Overlay Zone areas that could be classified as a hazard
to air navigation based on the Federal Aviation Administration Advisory Circular
(A/C) 7460-1.
Stat. Auth.: ORS 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0045
Coordination Procedures for Adopting
Final Oregon Aviation 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 parties
in the development or amendment of a Oregon Aviation 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 Aviation Board 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 Aviation Board, when
it adopts a final Oregon Aviation 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 Oregon Aviation Plan and findings to DLCD, the metropolitan
planning organizations, and others who request to receive a copy.
Stat. Auth.: ORS 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0055
Coordination Procedures for Adopting
Final Master 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 45 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 Aviation Board 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 Aviation Board 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 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0065
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
Aviation 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; and
(C) The project does not require
an exception to a statewide planning goal pursuant ORS 197.732.
(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 Board 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 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0075
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 731-130-0035.
(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 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0085
Coordination Procedures for Operations,
Maintenance and Modernization Activities
The procedures in this rule shall be followed
when the Department determines that an operations, maintenance or modernization
activity would significantly affect land use in accordance with OAR 738-130-0035
unless compliance with the statewide planning goals and compatibility with acknowledged
comprehensive plans has been established through application of OAR 738-130-0075
or 738-130-0085.
(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 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0095
Coordination Procedures for the
Disposal of Airport Land
(1) The Department shall notify potential
buyers of their responsibility to establish compliance and compatibility.
(2) 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 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0105
Permit Program Procedures
(1) The Department shall notify applicants
for permits or licenses or renewals of permits or licenses listed in OAR 738-130-0025
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 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0115
Referral of Compatibility Disputes
to the Land Conservation and Development Commission
If a compatibility conflict persists after
pursuing the compatibility procedures listed in OAR 738-130-0045 through 738-130-0115,
the Department shall request that the Land Conservation and Development Commission
make a compatibility determination in accordance with 660-030-0070(7) through (12).
Stat. Auth.: ORS 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
738-130-0125
Statewide Goal Compliance and Acknowledged
Plan Compatibility for New or Amended Rules and Programs Significantly Affecting
Land Use
(1) The Board 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 738-130-0035.
(3) This section shall not apply
to the adoption of temporary rules or programs.
Stat. Auth.: ORS 835.035 & 835.112
Stats. Implemented: ORS 197.180
Hist.: AVIA 2-2015, f. &
cert. ef. 7-28-15
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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