to 199.534 or 451.010 to 451.620, in accordance with ORS chapters 195,

199.410 to 199.534 or 451.010 to 451.620, in accordance with ORS chapters 195, 196, 197 and 197A and the goals approved under ORS chapters 195, 196, 197 and 197A. The Land Conservation and Development Commission shall adopt rules clarifying how the goals apply to the incorporation of a new city. Notwithstanding the provisions of section 15, chapter 827, Oregon Laws 1983, the rules shall take effect upon adoption by the commission. The applicability of rules promulgated under this section to the incorporation of cities prior to August 9, 1983, shall be determined under the laws of this state.

����� (2) Pursuant to ORS chapters 195, 196, 197 and 197A, each city and county in this state shall:

����� (a) Prepare, adopt, amend and revise comprehensive plans in compliance with goals approved by the commission;

����� (b) Enact land use regulations to implement their comprehensive plans;

����� (c) If its comprehensive plan and land use regulations have not been acknowledged by the commission, make land use decisions and limited land use decisions in compliance with the goals;

����� (d) If its comprehensive plan and land use regulations have been acknowledged by the commission, make land use decisions and limited land use decisions in compliance with the acknowledged plan and land use regulations; and

����� (e) Make land use decisions and limited land use decisions subject to an unacknowledged amendment to a comprehensive plan or land use regulation in compliance with those land use goals applicable to the amendment.

����� (3) Notwithstanding subsection (1) of this section, the commission shall not initiate by its own action any annexation of unincorporated territory pursuant to ORS 222.111 to 222.750 or formation of and annexation of territory to any district authorized by ORS 198.510 to 198.915 or 451.010 to 451.620. [1973 c.80 ��17,18; 1977 c.664 �12; 1981 c.748 �15; 1983 c.827 �3; 1989 c.761 �18; 1991 c.817 �21; 1993 c.792 �45; 1999 c.348 �4]

����� 197.178 [1997 c.763 �5; 2011 c.354 �1; 2017 c.745 �9; repealed by 2023 c.13 �39]

����� 197.180 State agency planning responsibilities; determination of compliance with goals and compatibility with plans; coordination between agencies and local governments; rules; exceptions. (1) Except as provided in ORS 197.277 or subsection (2) of this section or unless expressly exempted by another statute from any of the requirements of this section, state agencies shall carry out their planning duties, powers and responsibilities and take actions that are authorized by law with respect to programs affecting land use:

����� (a) In compliance with the goals, rules implementing the goals and rules implementing this section; and

����� (b) In a manner compatible with acknowledged comprehensive plans and land use regulations.

����� (2) State agencies need not comply with subsection (1)(b) of this section if a state agency rule, plan or program relating to land use was not in effect when the comprehensive plan provision or land use regulation with which the action would be incompatible was acknowledged and the agency has demonstrated that:

����� (a) The state agency rule, plan or program is mandated by state statute or federal law;

����� (b) The state agency rule, plan or program is consistent with the goals;

����� (c) The state agency rule, plan or program has objectives that cannot be achieved in a manner compatible with the acknowledged comprehensive plan and land use regulations; and

����� (d) The agency has complied with its certified state agency coordination program.

����� (3) Unless federal or state law requires otherwise, the Land Conservation and Development Commission, by rule, may specify the sequence of a local government land use decision and a state agency action concerning the same, similar or related uses or activities.

����� (4) Upon request by the commission, each state agency shall submit to the Department of Land Conservation and Development the following information:

����� (a) Agency rules and summaries of state agency plans and programs affecting land use;

����� (b) A program for coordination pursuant to ORS 197.040 (2)(e);

����� (c) A program for coordination pursuant to ORS 197.090 (1)(b); and

����� (d) A program for cooperation with and technical assistance to local governments.

����� (5) Within 90 days of receipt, the Director of the Department of Land Conservation and Development shall review the information submitted pursuant to subsection (4) of this section and shall notify each state agency if the director believes the state agency rules, plans or programs submitted are insufficient to ensure compliance with goals and compatibility with acknowledged comprehensive plans and land use regulations.

����� (6) Within 90 days of receipt of notification specified in subsection (5) of this section, the state agency may revise the state agency rules, plans or programs and resubmit them to the director.

����� (7) The director shall make findings under subsections (5) and (6) of this section as to whether the state agency rules, plans or programs are sufficient to ensure compliance with the goals and compatibility with acknowledged city and county comprehensive plans and land use regulations and shall forward the rules and summaries of state agency plans or programs to the commission for its action. The commission shall either certify the state agency rules, plans or programs as compliant with the goals and compatible with the acknowledged comprehensive plans and land use regulations of affected local governments or shall determine the same to be insufficient.

����� (8) The department shall report, to the appropriate committee of the House and the Senate and to the subcommittee of the Joint Ways and Means Committee that considers the state agency budget, any agency that has failed to meet the requirements of subsection (7) of this section.

����� (9) Any state agency that has failed to meet the requirements of subsection (7) of this section shall report the reasons therefor to the appropriate committee of the House and the Senate and to the subcommittee of the Joint Ways and Means Committee that considers the agency budget.

����� (10) Until rules and state agency plans and programs are certified as compliant with the goals and compatible with the acknowledged comprehensive plans and land use regulations of affected local governments, the state agency shall make findings when adopting or amending its rules and state agency plans and programs as to the applicability and application of the goals or acknowledged comprehensive plans, as appropriate.

����� (11) The commission shall adopt rules establishing procedures to ensure that state agency permits affecting land use are issued in compliance with the goals and compatible with acknowledged comprehensive plans and land use regulations, as required by subsection (1) of this section. The rules must prescribe the circumstances in which state agencies may rely upon a determination of compliance with the goals or compatibility with the acknowledged comprehensive plan.

����� (12) A state agency required to have a land use coordination program shall participate in a local government land use hearing, except a hearing under ORS 197.610 to