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(8) Wetland conservation plans approved 

 by the Director of the Division of State 

 Lands pursuant to ORS 196.668 to 196.692 

 shall be deemed to comply wth the require- 

 ments of any state-wide planning goals relat- 

 ing to wetlands, other than cstuarine 

 wetlands, for those aireas, uses and activities 

 which are regulated by the plan. 



(9) An order by the director regsuxling 

 approval, amendntcnt or review of a wetland 

 conservation plan shall be reviewable by the 

 Land Use Board of Appeals as a land use 

 decision of a state agency. For the purpose 

 of such review, the director's order shall not 

 become final until the local government 

 adopts its wetland conservation plan or plan 

 amendment. The Land Use Board of Appeals 

 shall consolidate for review appeals of the 

 director's order and the local government 

 adoption. The Land Use Board of Appeals 

 shall review such order for compliance with 

 the requirements of ORS 196.668 to 196.692, 

 1%.800, 196.810, 196.825, 196.830, 196.850 to 

 196.860, 196.885, 196.905, 197.015, 197.279, 

 215.213, 215.283, 215.418 and 227.350. 



(10) Nothing in this section shall be con- 

 strued to require a contested case proceeding 

 regarding approval, amendment or review of 

 a wetland conservation plan. 



(11) Nothing in this section shall be con- 

 strued to aflcct the evaluation of a permit 

 application in areas that do not have a 

 wetland conservation plan. 



(12) Upon a finding by the director, after 

 a public hearing, that an affected local gov- 

 ernment is not enforcing the comprehensive 

 plan provisions or land use regulations set 

 forth in the conditions of the order, as spec- 

 i5ed in ORS 196.681 (5), and that such lack 

 of enforcement has resulted or would result 

 in adverse impacts to wetlands, the director 

 shall modify, su;q>end or revoke approval of 

 the wetland conservation plan~ (IMS cJtST fl3i 



196.6SS (Formerly 541.620; renumbered ' I96J1S in 



I989I 



196.686 Acknowledged estiiary man- 

 agement plans; review and approval; 

 hearings; final order. (1) For the purposes 

 of this section, an acknowledged estuary 

 management plan includes the comprehen- 

 sive plan and land use regulations adopted 

 by cities and counties to satisfy the require- 

 ment of state-wide planning goals related to 

 cstuarine resources including shorcland 

 portions of estuarine sites designated for de- 

 velopment as those plans and regulations ex- 

 isted on January 1, 1989. 



(2) Any city or county may submit an 

 acknowledged estuary management plan for 

 review and approval by the division pursuant 

 to the provisions of this section. The plan 

 shall be submitted with a written request for 

 review. 



(3) To allotAr timely and effective review 

 of acknowledged estuary management plans, 

 the division may limit acceptance for review 

 to two plans but not more than one plan for 

 a deep draft development estuary at any one 

 time. 



(4) With the consent of the city or county 

 submitting an estuary management plan for 

 review and approval, the division may extend 

 any or all of the deadlines set forth in this 

 section. 



(5) Acknowledged estuary management 

 plans shall be presumed to comply with re- 

 quirements for approval of wetland conser- 

 vation plans specified in ORS 196.681. 



(6) Within 10 days of acceptance of a re- 

 quest for review, the division shall provide 

 notice to affected state agencies, local gov- 

 ernments, federal agencies and the public of 

 receipt of the acknowledged estuary manage- 

 ment plan and of the request for review and 

 approval of the acknowledged estuary man- 

 agement plan as a wetland conservation plan. 



(7) Within 30 days of acceptance of a re- 

 quest for review and upon provision of at 

 least two weeks' notice, the division shall 

 hold a public informational hearing on the 

 proposea approval of the acknowledged 

 cstuaiy management plan as a wetland con- 

 servation plan. 



(8) Within 60 days of acceptance of the 

 request for review, the division shall conduct 

 a preliminazy review of the acknowledged 

 estuary management plan. The division shall 

 consult with the affected local government 

 prior to finalizing the preliminary review. 



(9) Elxcept as provided in subsection (10) 

 of this section, the director shall approve-tbe 

 acknowledged estuary management plan^by 

 order witMn 60 days of completion of^thie 

 preliminary review..;.^' . ^j. i;^^'4>.' 



(10) A contested case hearing shalR be- 

 held within 30 days of the completion of Ihe 

 preliminary review or receipt of a request fi>r 

 hearing i£ ^ii^' 



(a) The director determines there- w 

 probable cause to believe that the estuarr 

 management plan does not meet the stand- 

 ards for approving wetland conservation 

 plans or unreasonably interferes with the use 

 of the estuary for navigation, fisheries or 

 public recreation; or 



(b) A hearing is requested and the re- 

 quest: 



(A) Is made in writing within 60 days of 

 the date of mailing of notice of conviction 

 of review; 



(B) Clearly states the reasons for re- 

 questing the hearing; and 



(C) Provides sufficient information for 



