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Chapter 660 Land Conservation and Development Department (5) if no objections are raised by the local government during the 30 day comment period, OPRD may proceed with consideration and adoption of the state park master plan. If OPRD receives a timely ob- jection from the local government, and if the objection meets the requirements of OAR 660 - 034 - 0020(6), OPRD shall delay final con- sideration and adoption of the master plan in order to engage in formal or informal dispute resolution with the local government pursuant to OAR 660 -034 -0025. This delay of adoption shall continue for at least 60 days following the receipt of the objection, or until the issues in the objection are resolved and the objection is withdrawn, whichever occurs first. At end of the 60 day delay period OPRD may proceed with consideration and adoption of the state park master plan. (6) OPRD may choose to engage in dispute resolution for all issues raised by an objection. However, the mandatory 60 day delay specified in OAR 660- 034 - 0020(5) shall only apply to an objection that meets the following requirements: (a) The objection shall be described in a letter from the local gov- erning body to the OPRD director received within the 30 day time period specified in OAR 660 - 034 - 0020(4); and (b) The objection letter shall indicate the reasons why the local government believes the proposed master plan is inconsistent with either the statewide planning goals, ORS 215.296, or OPRD's state park master planning criteria in OAR 736 - 018 -0020. Stat. Auth.: ORS 183. 195 & 197 Scats. Implemented: ORS 197.040. 197.225 - 197.245 & 195.120 - 195.125 Hist.: LCDD 3 -1998, f. & cen. ef. 7 -15 -98 660 -034 -0025 Dispute Resolution (1) If a local government objects to a proposed state park mas- ter plan, as described in OAR 660 - 034 - 0020(4) through 660 -034- 0020(6), OPRD shall attempt to resolve the objections during the 60 day delay period specified.in OAR 660- 034 - 0020(5), either through informal discussions with the local government or through formal mediation. (2) OPRD or the local government may request mediation through the State of Oregon Public Policy Dispute Resolution Program in order to resolve a disagreement about uses in a preliminary draft state park master plan. Such mediation shall be conducted according to the provisions of ORS 183.502. (3) If OPRD and the local government engage in mediation pur- suant to OAR 660- 034 - 0025(2), and if this mediation does not result in timely resolution of the objection, either OPRD or the local govem- ment may request a nonbinding determination by the Land Conserva- tion and Development Commission (LCDC). This determination shall be limited to issues involving the compliance of OPRD's proposed state park master with the statewide goals or related statutes or rules. Such a request shall be submitted by the end of the 60 -day delay period specified in OAR 660- 034 - 0020(5), or within 15 days following a withdrawal by either party from the mediation proceedings described under Section (2) of this rule, whichever occurs last. LCDC may either agree or not agree to consider a request to issue a nonbinding deter- mination regarding the dispute. Stal. Auth.: ORS 183. 195 & 197 Scats. Implemented: ORS 197.040, 197 225 - 197.245 & 195.120 - 195.125 Htst.: LCDD I -1998, f. & cen. cf. 7 -15 -98 660. 034 -0030 Local Government Implementation of State Park Master Plans (1) Within 60 days following the effective date of the state park- master plan administrative rule adopted by OPRD, unless an appeal of the rule is filed. OPRD shall submit the adopted master plan to all local governments with land use authority over the subject state park. The submittal shall include a request that the local governments take final action on the PAPA application previously filed pursuant to OAR 660 - 034- 0020(1)(b). (2) Within 150 days after receipt of an adopted master plan from OPRD, the local governments hall take final action necessary to con- clude the PAPA initiated under OAR 660- 034- 0020(1)(b ). Final action shall include amendments to the plan, implementing ordinances, plan map and zoning map, as necessary, to: (a) Indicate the existence of the state park and its boundaries on the appropriate maps: (b) Applv appropriate plan and zone categories (ti "park' zone or overiav zone is recommenoed;: ane (c) Provide objective land use and siting review criteria in order to allow development of the uses indicated in the state park master plan. (3) Amendments to the local plan intended to implement the state park master plan shall be consistent with all statewide planning goals. If the local action includes only such amendments as are necessary and sufficient to implement the park master plan, the local government may rely on goal findings that are included in the park master plan (see OAR 660 -034- 0015(2)) in order to comply with statewide goal requirements. (4) The final local action shall include findings addressing ORS 215.296 for all uses and activities in or adjacent to an .agricultural or forest zone. The local government may rely on the ORS 215.296 find- ings in the state park master plan (see OAR 660 - 034 - 0015(2)) in order to comply with this requirement. The analysis required under 215.296 shall concern farm or forest practices occurring on lands surrounding the state park -that are devoted to farm or forest use, and shall not con- cern farm or forest practices occurring on farm or forest land within the state park itself.. (5) The local government may decide to alter or disallow the state park master plan provided the local government determines that adop- tion of the state park master plan would violate a statewide planning goal and/or ORS 215.296. The local government shall alter or disallow uses described in the park plan only to the extent necessary to comply with statewide goals and/or ORS 215.296. If the local government alters or disallows the state park master plan, OPRD may pursue any of the following options: (a) Take no action; (b) Modify the state park master plan to be compatible with the final PAPA action taken by the local government; (c) Appeal the local decision. (6) If the local government takes no final action on the PAPA within 150 days from receipt of the adopted state parks master plan from OPRD, the master plan, rather than the local plan: (a) Shall be deemed the controlling land use regulation for the subject state park with respect to uses described in the state parks mas- ter plan; (b) Shall supersede local zoning ordinances with respect to review and approval of uses described in the state parks master plan; and (c) The provisions of this section shall remain in effect until the local government takes final action on the PAPA application. (7) OPRD may submit a state park master plan that was adopted prior to the effective date of this division to a local government, either as a PAPA or as a request for local action during periodic review, upon receipt of such a previously adopted state park master plan, the local government shall consider conforming amendments to local planning and zoning measures, and may adopt such amendments provided the proposed uses in the park master plan comply with statewide planning goals and ORS 215.296. (8) The State Parks and Recreation Department director may con- tinue any use or facility that existed in a state park on July 25, 1997. Furthermore, the following uses and activities shall be approved by local government subject only to clear and objective siting criteria that shall not, either individually or cumulatively, prohibit the use or activ- ity: (a) The repair and renovation of facilities in existence on July 25. 1997; (b) The replacement of facilities and services in existence on July 25. 1997, including minor location changes; and (c) The minor expansion of uses and facilities in existence on July ^_5, 1997. Star. Auth.: ORS 183, 195 & 197 Stars. implemented: ORS 197.040. 197.^.^ -25 - 197.245 & 195.120 - 195.125 Hist.: LCDD 3 -1998, f. & Ceti. cf. 7 -15 -98 664- 034 -0035 Park uses On Agricultural and Forest Land (1) All uses allowed under Statewide Goal 3 are allowed on agri- cultural land subject to a state park master plan, and -all uses allowed under Statewide Goal 4 are allowed on forest land subject to a state park master plan, provided such uses are also allowed under OAF' 736. division 18 and all other appiicable laws. goals. and rules. (2) A local government is not required to adopt an exception to Statewide Plannim, Goals 3 or 4 for the followinc uses on aencuaurai lire -on Administrative kuies Collw iatior. r 21106 cdinor. . - • -- - !`_ :��:��