justicedao/ipfs_state_laws huggingface dataset:
660-016-0005 Identify Conflicting Uses (1) It is the responsibility of local government to identify conflicts with inventoried Goal 5 resource sites. This is done primarily by examining the uses allowed in broad zoning districts established by the jurisdiction (e.g., forest and agricultural zones). A conflicting use is one which, if allowed, could negatively impact a Goal 5 resource site. Where conflicting uses have been identified, Goal 5 resource sites may impact those uses. These impacts must be considered in analyzing the economic, social, environmental and energy (ESEE) consequences: (2) Preserve the Resource Site: If there are no conflicting uses for an identified resource site, the jurisdiction must adopt policies and ordinance provisions, as appropriate, which ensure preservation of the resource site. (3) Determine the Economic, Social, Environmental, and Energy Consequences: If conflicting uses are identified, the economic, social, environmental and energy consequences of the conflicting uses must be determined. Both the impacts on the resource site and on the conflicting use must be considered in analyzing the ESEE consequences. The applicability and requirements of other Statewide Planning Goals must also be considered, where appropriate, at this stage of the process. A determination of the ESEE consequences of identified conflicting uses is adequate if it enables a jurisdiction to provide reasons to explain why decisions are made for specific sites. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 History: LCDD 3-2004, f. & cert. ef. 5-7-04 LCD 7-1981, f. & ef. 6-29-81 LCD 5-1981(Temp), f. & ef. 5-8-81
660-016-0015 Post-Acknowledgment Period (1) All data, findings, and decisions made by a local government prior to acknowledgment may be reviewed by that local government in its periodic update process. This includes decisions made as a result of OAR 660-016-0000(5)(a), 660-016-0005(1), and 660-016-0010. Any changes, additions, or deletions would be made as a plan amendment, again following all Goal 5 steps. (2) If the local government has included in its plan items under OAR 660-016-0000(5)(b), the local government has committed itself to take certain actions within a certain time frame in the post-acknowledgment period. Within those stated time frames, the local government must address the issue as stated in its plan, and treat the action as a plan amendment. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 History: LCD 7-1981, f. & ef. 6-29-81 LCD 5-1981(Temp), f. & ef. 5-8-81
660-016-0020 Landowner Involvement (1) The development of inventory data, identification of conflicting uses and adoption of implementing measures must, under Statewide Planning Goals 1 and 2, provide opportunities for citizen involvement and agency coordination. In addition, the adoption of regulations or plan provisions carries with it basic legal notice requirements. (County or city legal counsel can advise the planning department and governing body of these requirements.) Depending upon the type of action involved, the form and method of landowner notification will vary. State statutes and local charter provisions contain basic notice requirements. Because of the nature of the Goal 5 process as outlined in this paper it is important to provide for notification and involvement of landowners, including public agencies, at the earliest possible opportunity. This will likely avoid problems or disagreements later in the process and improve the local decision-making process in the development of the plan and implementing measures. (2) As the Goal 5 process progresses and more specificity about the nature of resources, identified conflicting uses, ESEE consequences and implementing measures is known, notice and involvement of affected parties will become more meaningful. Such notice and landowner involvement, although not identified as a Goal 5 requirement is in the opinion of the Commission, imperative. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 History: LCD 7-1981, f. & ef. 6-29-81 LCD 5-1981(Temp), f. & ef. 5-8-81
660-016-0030 Mineral and Aggregate Resources (1) When planning for and regulating the development of aggregate resources, local governments shall address ORS 517.750 to 517.900 and OAR chapter 632, divisions 1 and 30. (2) Local governments shall coordinate with the State Department of Geology and Mineral Industries to ensure that requirements for the reclamation of surface mines are incorporated into programs to achieve the Goal developed in accordance with OAR 660-016-0010. (3) Local governments shall establish procedures designed to ensure that comprehensive plan provisions, land use regulations, and land use permits necessary to authorize mineral and aggregate development are coordinated with the State Department of Geology and Mineral Industries. Local governments shall amend comprehensive plans and land use regulations, as necessary, no later than January 1, 1993. (4) The provisions of this rule shall be effective immediately. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 History: LCDC 3-1992, f. & cert. ef. 6-10-92
660-017-0000 Purpose (1) This rule carries out requirements of the Estuarine Resources Goal (State-Wide Planning Goal 16). To assure diversity among the estuaries of the state, the Estuarine Resources Goal requires in part that LCDC, with the cooperation and participation of local governments, special districts, and state and federal agencies, shall classify the Oregon estuaries to specify the most intensive level of development or alteration allowable within each estuary. This rule is adopted pursuant to ORS 197.040(1)(b). (See Appendix A.) (2) The estuarine classification system adopted by this rule: (a) Specifies the most intensive level of development or alteration allowable within each estuary; (b) Directs the kinds of management units appropriate and allowable in each estuary; (c) Affects the extent of detail required and items inventoried for each estuary; (d) Affects the issuance of and conditions attached to permits by state and federal agencies; (e) Provides guidance for the dispersal of state and federal public works funds; and (f) Indirectly affects decisions concerning private investment in and around estuaries. (3) Appendix A — Oregon Estuary Classification System, is incorporated into this rule. [ED. NOTE: Appendix & Publications referenced are available from the agency.] Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.040 History: LCDD 3-2004, f. & cert. ef. 5-7-04 LCD 12, f. & ef. 10-14-77
660-017-0005 Definitions As used in this rule, unless the context requires otherwise: (1) “Alteration” means any man-caused change in the environment, including physical, topographic, hydraulic, biological, or other similar environmental changes, or changes which affect water quality. (2) “Altered Shorelines” include shorelines with bulkheads, seawalls, riprap, or other physical structures, but do not include earthen, vegetated dikes. (3) “Commission” means the Oregon Land Conservation and Development Commission. (4) “Design Depth” means the channel depth authorized by Congress and maintained by the U.S. Army Corps of Engineers. The actual maintained depth of a channel may exceed the design or authorized depth because of: (a) The limits of dredging precision which causes “overdepth”; and (b) The practice, where approved by the Corps of Engineers, of “advanced maintenance” overdredging which designates the amount of extra depth to be dredged to insure clear project depths for the time period between maintenance operations. (5) “Entrance Channel” means that portion of the waterway exposed to wave surge from the open sea and which provides protected access or opening to the main channel, as authorized by the Corps of Engineers. (6) “Estuary” means a body of water semi-enclosed by land, connected with the open ocean, and within which salt water is usually diluted by freshwater derived from land. The estuary includes estuarine water, tidelands, tidal marshes, and submerged lands. Estuaries extend upstream to the head of tidewater, except for the Columbia River estuary, which, by definition, is considered to extend to the western edge of Puget Island. (7) “Jetty” means a structure extending seaward from the mouth of a river designed to stabilize the river mouth by preventing the build up of material at the river’s mouth, and to direct or confine the stream or tidal flow. (8) “Main Channel” means that part of a waterway which extends upstream from the entrance channel into the estuary proper (also called “inner channel”). All or segments of the main channel may be maintained by dredging. The main channel does not include auxiliary channels or waterways. (9) “Maintained Channels and Jetties” are only those channels or jetties authorized by Congress and which are periodically rehabilitated to deepen or stabilize the watercourse. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.040 History: LCD 12, f. & ef. 10-14-77
660-017-0010 Classification System There are four different types of estuaries. These are defined as: (1) “Natural estuaries”: Estuaries lacking maintained jetties or channels, and which are usually little developed for residential, commercial, or industrial uses. They may have altered shorelines, provided that these altered shorelines are not adjacent to an urban area. Shorelands around natural estuaries are generally used for agricultural, forest, recreation, and other rural uses. (2) “Conservation estuaries”: Estuaries lacking maintained jetties or channels, but which are within or adjacent to urban areas which have altered shorelines adjacent to the estuary. (3) “Shallow-draft development estuaries”: Estuaries with maintained jetties and a main channel (not entrance channel) maintained by dredging at 22 feet or less, except Nehalem Bay, which now has only authorized jetties and no authorized or maintained channel. (4) “Deep-draft development estuaries”: Estuaries with maintained jetties and a main channel maintained by dredging at deeper than 22 feet. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.040 History: LCD 3-1981, f. & ef. 3-4-81 LCD 12, f. & ef. 10-14-77
660-017-0015 Major Estuary Classification Twenty-one of the 22 major Oregon estuaries are classed in the following manner: (1) Natural Estuaries include Sand Lake, Salmon River, Elk River (Curry County), Sixes River, and Pistol River. (2) Conservation Estuaries include Necanicum River, Netarts Bay, Nestucca River, Siletz Bay, Alsea Bay, and Winchuck River. (3) Shallow-draft Development Estuaries include Tillamook Bay, Nehalem Bay, Depoe Bay, Siuslaw River, Umpqua River, Coquille River, Rogue River, and Chetco River. (4) Deep-draft Development Estuaries include Columbia River, Yaquina Bay, and Coos Bay. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.040 History: LCD 3-1981, f. & ef. 3-4-81 LCD 12, f. & ef. 10-14-77
660-017-0020 Minor Estuary Classification Minor estuaries, including tidal streams which have estuarine features, are not classified at this time. Minor estuaries shall be identified and classed as either natural estuaries or conservation estuaries during the development of local comprehensive plans. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.040 History: LCD 12, f. & ef. 10-14-77
660-017-0030 Revisions and Changes (1) The Commission shall review the overall Oregon Estuary Classification at the request of any coastal jurisdiction after the inventories and initial planning efforts are completed for all estuaries. Initial planning efforts include the identification of needs, and of potential conflicts among needs and goals. (2) Any change in the Oregon Estuary Classification must retain diversity among Oregon Estuaries. (3) Requests for change should be addressed to the Director of the Department of Land Conservation and Development. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.040 History: LCD 12, f. & ef. 10-14-77
660-018-0005 Purpose This division is intended to implement provisions of ORS 197.610 through 197.625. The overall purpose of this division is to carry out the state policies outlined in ORS 197.010. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610 - 197.625 History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 6-2011, f. & cert. ef. 10-20-11 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 3-2004, f. & cert. ef. 5-7-04 LCDC 12-1983, f. & ef. 12-29-83 LCDC 14-1981, f. & ef. 12-15-81
660-018-0010 Definitions and Computation of Time (1) For the purpose of this division, the definitions in ORS 197.015 apply. In addition, the following definitions apply: (a) “A change” to an acknowledged comprehensive plan or land use regulation means an amendment to the plan or implementing land use regulations, including an amendment to the plan text or map. This term includes additions and deletions to the acknowledged plan or regulations, the adoption of a new plan or regulation, or the repeal of an acknowledged plan or regulation. (b) “Date of Decision” means the date on which the local government adopts the change. (c) “Date of Mailing” means the date the documents are postmarked or the date of U.S. Postal Service proof of mailing. (d) “Decision” means a local government adoption of a change to a comprehensive plan or land use regulation. Except where adoption is required by ORS 197.646 for new statutes or rules, a local government denial of a proposed change shall not be considered a “Decision” for purposes of notices of adoption otherwise required by this division. (e) “Final Evidentiary Hearing” means the last hearing where all interested persons are allowed to present evidence and rebut testimony on a proposal to adopt a change to a comprehensive plan or land use regulation. A hearing held solely on the record of a previous hearing held by the governing body or its designated hearing body is not a “final evidentiary hearing.” (f) “First Evidentiary Hearing” means the first hearing conducted by the local government where interested persons are allowed to present and rebut evidence and testimony on a proposal to adopt a change to a comprehensive plan or land use regulation. “First evidentiary hearing” does not include a work session or briefing where public testimony is not allowed. (g) “Map Change” means a change in the designation or boundary of an area as shown on the comprehensive plan map, zoning map or both, including an area added to or removed from a comprehensive plan or zoning map. (2) Computation of time: for purposes of this division, the time within which a particular act must be done, such as “35 days before,” is computed as follows. The first day of the designated period to complete the task, notice, objection or appeal shall not be counted. The last day of the period shall be counted unless it is a Saturday, Sunday or legal holiday under ORS 187.010 or 187.020. In that event the period shall run until the end of the next day that is not a Saturday, Sunday or legal holiday. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 187.010, 187.020 & 197.610-197.625 History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 6-2011, f. & cert. ef. 10-20-11 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 3-2000, f. & cert. ef. 2-14-00 LCDC 3-1987, f. & ef. 11-12-87 LCDC 12-1983, f. & ef. 12-29-83 LCDC 14-1981, f. & ef. 12-15-81
660-018-0021 Joint Submittal of Notices and Changes (1) Where two or more local governments are required by plan provisions, coordination agreements, statutes or goals to agree on and mutually adopt a change to a comprehensive plan or land use regulation, the local governments shall jointly submit the notice required in OAR 660-018-0020 and, if the change is adopted, the decision and materials required by OAR 660-018-0040. Notice of such proposed changes must be jointly submitted at least 35 days prior to the first evidentiary hearing. For purposes of notice and appeal, the date of the decision is the date of the last local government’s adoption of the change. (2) For purposes of this rule, a change to a comprehensive plan or land use regulation that requires two or more local governments to agree on and mutually adopt the change includes, but is not limited to, the establishment or amendment of an urban growth boundary or urban reserve by a city and county in the manner specified in Goal 14. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610 - 197.625 History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 12-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 5-1-12 LCDD 6-2011, f. & cert. ef. 10-20-11 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 3-2000, f. & cert. ef. 2-14-00 LCDC 3-1987, f. & ef. 11-12-87
660-018-0022 Exemptions to Notice Requirements Under OAR 660-018-0020 (1) When a local government determines that no goals, commission rules, or land use statutes apply to a particular proposed change, the notice of a proposed change under OAR 660-018-0020 is not required. (2) If a local government determines that emergency circumstances beyond the control of the local government require expedited review such that the local government cannot submit the proposed change consistent with the 35-day deadline under OAR 660-018-0020, the local government may submit the proposed change to the department as soon as practicable. The submittal must include a description of the emergency circumstances. (3) A local government must submit any adopted change to an acknowledged comprehensive plan or land use regulation to the department within 20 days after the decision to adopt the change, as required by OAR 660-018-0040, regardless of the reason for not submitting the proposed change in advance, as provided in ORS 197.615(1) and (2). (4) Notwithstanding the requirements of ORS 197.830(2) to have appeared before the local government in the proceedings concerning the proposal, if a local government does not provide any notice described in OAR 660-018-0020, regardless of the reason for not providing the notice, the director or any other person may appeal the decision to the board under ORS 197.830 to 197.845, except as provided in ORS 197.620(3). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610(2) History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 12-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 5-1-12 LCDD 6-2011, f. & cert. ef. 10-20-11 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDC 3-1987, f. & ef. 11-12-87 LCDC 12-1983, f. & ef. 12-29-83
660-018-0025 Requests for Department Notice of Proposed Changes (1) Within 15 days of receipt of a notice of a proposed change to an acknowledged comprehensive plan or a land use regulation described under OAR 660-018-0020, the department shall provide notice of the proposed change to persons that have requested notice of such changes. The notice shall be provided using electronic mail, electronic bulletin board, electronic mailing list server or similar electronic method. (2) The department shall notify persons that are generally interested in proposed changes to acknowledged comprehensive plans by posting notices received under OAR 660-018-0020 on a weekly basis on the department website using the Internet or a similar electronic method. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610 - 197.625 History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 3-2000, f. & cert. ef. 2-14-00 LCDC 12-1983, f. & ef. 12-29-83 LCDC 14-1981, f. & ef. 12-15-81
660-018-0035 Department Participation (1) When the department determines that a proposed change to an acknowledged comprehensive plan or a land use regulation may not be in compliance with land use statutes or the statewide land use planning goals, including administrative rules implementing either the statutes or the goals, the department shall notify the local government of the concerns at least 15 days before the final evidentiary hearing, unless: (a) The local government holds only one hearing on the proposal, in which case the notification must occur prior to the close of the hearing; (b) The proposed change has been modified to the extent that resubmission is required under OAR 660-018-0045; or (c) The local government did not submit the proposed change within 35 days in advance of the final hearing in accordance with OAR 660-018-0020(1), regardless of the circumstances that resulted in that delay. (2) Notwithstanding section (1) of this rule, the department may provide advisory recommendations to the local government concerning a proposed change to the acknowledged comprehensive plan or land use regulation at any time prior to the adoption of the change. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610 - 197.625 History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 6-2011, f. & cert. ef. 10-20-11 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 3-2000, f. & cert. ef. 2-14-00 LCDC 12-1983, f. & ef. 12-29-83 LCDC 14-1981, f. & ef. 12-15-81
660-018-0045 Alterations to a Proposed Change (1) If, after initially submitting the notice and accompanying materials under OAR 660-018-0020, a proposed change to an acknowledged comprehensive plan or land use regulation is altered to such an extent that the materials submitted no longer reasonably describe the proposed change, the local government must, at least 10 days before the final evidentiary hearing on the proposal: (a) Notify the department of the alterations to the proposed change, and (b) Provide a summary of the alterations along with any alterations to the proposed text or map and other materials described in OAR 660-018-0020. (2) When the department receives a notification of alteration of a proposal as described in section (1) of this rule, the department shall issue a new notice to persons that have requested notice in the manner described OAR 660-018-0025. (3) Circumstances requiring resubmission of a proposed change to a comprehensive plan or land use regulation under this rule may include, but are not limited to: (a) Alteration of the proposed principal uses that would be allowed under the proposed change to the comprehensive plan or land use regulations; (b) A significant change in the location at which the principal uses would be allowed, limited or prohibited; or (c) A significant change in the conditions or restrictions that would be applied to a proposed use. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610 - 197.625 History: LCDD 3-2012, f. & cert. ef. 2-14-12 LCDD 6-2011, f. & cert. ef. 10-20-11 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDC 12-1983, f. & ef. 12-29-83 LCDC 14-1981, f. & ef. 12-15-81