justicedao/ipfs_state_laws huggingface dataset:
660-013-0020 Definitions For purposes of this division, the definitions in ORS Chapter 197 apply unless the context requires otherwise. In addition, the following definitions apply: (1) “Airport” means the strip of land used for taking off and landing aircraft, together with all adjacent land used in connection with the aircraft landing or taking off from the strip of land, including but not limited to land used for existing airport uses. (2) “Aircraft” means helicopters and airplanes, but not hot air balloons or ultralights. (3) “Airport Uses” means those uses described in OAR 660-013-0100. (4) “Non Towered Airport” means an airport without an existing or approved control tower on June 5, 1995. (5) “Public Assembly Uses” means a structure or outdoor facility where concentrations of people gather for purposes such as deliberation, education, worship, shopping, business, entertainment, amusement, sporting events, or similar activities, excluding airshows. Public Assembly Uses does not include places where people congregate for short periods of time such as parking lots and bus stops or uses approved by the FAA in an adopted airport master plan. (6) “Sponsor” means the owner, manager, other person, or entity designated to represent the interests of an airport. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 836.600 - 836.635 & 1997 OL & ch. 859 History: LCDD 3-1999, f. & cert. ef. 2-12-99 LCDC 6-1996, f. & cert. ef. 12-23-96
660-013-0030 Preparation and Coordination of Aviation Plans (1) The Oregon Department of Aviation (ODA) shall prepare and adopt a state Aviation System Plan (state ASP) in accordance with ORS Chapters 835 and 836 and the State Agency Coordination Program approved under ORS 197.180. ODA shall coordinate the preparation, adoption, and amendment of land use planning elements of the state ASP with local governments and airport sponsors. The purpose of the state ASP is to provide state policy guidance and a framework for planning and operation of a convenient and economic system of airports, and for land use planning to reduce risks to aircraft operations and nearby land uses. The state ASP shall encourage and support the continued operation and vitality of Oregon’s airports. (2) A city or county with planning authority for one or more airports, or areas within safety zones or compatibility zones described in this division, shall adopt comprehensive plan and land use regulations for airports consistent with the requirements of this division and ORS 836.600 through 836.630. Local comprehensive plan and land use regulation requirements shall be coordinated with acknowledged transportation system plans for the city, county, and Metropolitan Planning Organization (MPO) required by OAR 660, division 12. Local comprehensive plan and land use regulation requirements shall be consistent with adopted elements of the state ASP and shall be coordinated with affected state and federal agencies, local governments, airport sponsors, and special districts. If a state ASP has not yet been adopted, the city or county shall coordinate the preparation of the local comprehensive plan and land use regulation requirements with ODA. Local comprehensive plan and land use regulation requirements shall encourage and support the continued operation and vitality of airports consistent with the requirements of ORS 836.600 through 836.630. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 836.600 - 836.630 & 1997 OL & Ch. 859 History: LCDD 3-2004, f. & cert. ef. 5-7-04 LCDD 3-1999, f. & cert. ef. 2-12-99 LCDC 6-1996, f. & cert. ef. 12-23-96
660-013-0050 Implementation of Local Airport Planning A local government with planning responsibility for one or more airports or areas within safety zones or compatibility zones described in this division or subject to requirements identified in ORS 836.608 shall adopt land use regulations to carry out the requirements of this division, or applicable requirements of ORS 836.608, consistent with the applicable elements of the adopted state ASP and applicable statewide planning requirements. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 836.600 - 836.630 & 1997 OL & Ch. 859 History: LCDD 3-1999, f. & cert. ef. 2-12-99 LCDC 6-1996, f. & cert. ef. 12-23-96
660-013-0070 Local Government Safety Zones for Imaginary Surfaces (1) A local government shall adopt an Airport Safety Overlay Zone to promote aviation safety by prohibiting structures, trees, and other objects of natural growth from penetrating airport imaginary surfaces. (a) The overlay zone for public use airports shall be based on Exhibit 1 incorporated herein by reference. (b) The overlay zone for airports described in ORS 836.608(2) shall be based on Exhibit 2 incorporated herein by reference. (c) The overlay zone for heliports shall be based on Exhibit 3 incorporated herein by reference. (2) For areas in the safety overlay zone, but outside the approach and transition surface, where the terrain is at higher elevations than the airport runway surface such that existing structures and planned development exceed the height requirements of this rule, a local government may authorize structures up to 35 feet in height. A local government may adopt other height exceptions or approve a height variance when supported by the airport sponsor, the Oregon Department of Aviation, and the FAA. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 836.600 - 836.630 & 1997 OL & Ch. 859 History: LCDD 3-2004, f. & cert. ef. 5-7-04 LCDD 3-1999, f. & cert. ef. 2-12-99 LCDC 6-1996, f. & cert. ef. 12-23-96
660-013-0080 Local Government Land Use Compatibility Requirements for Public Use Airports (1) A local government shall adopt airport compatibility requirements for each public use airport identified in ORS 836.610(1). The requirements shall: (a) Prohibit new residential development and public assembly uses within the Runway Protection Zone (RPZ) identified in Exhibit 4; (b) Limit the establishment of uses identified in Exhibit 5 within a noise impact boundary that has been identified pursuant to OAR 340, division 35 consistent with the levels identified in Exhibit 5; (c) Prohibit the siting of new industrial uses and the expansion of existing industrial uses where either, as a part of regular operations, would cause emissions of smoke, dust, or steam that would obscure visibility within airport approach corridors; (d) Limit outdoor lighting for new industrial, commercial, or recreational uses or the expansion of such uses to prevent light from projecting directly onto an existing runway or taxiway or into existing airport approach corridors except where necessary for safe and convenient air travel; (e) Coordinate the review of all radio, radiotelephone, and television transmission facilities and electrical transmission lines with the Oregon Department of Aviation; (f) Regulate water impoundments consistent with the requirements of ORS 836.623(2) through (6); and (g) Prohibit the establishment of new landfills near airports, consistent with Department of Environmental Quality (DEQ) rules. (2) A local government may adopt more stringent regulations than the minimum requirements in section (1)(a) through (e) and (g) based on the requirements of ORS 836.623(1). [ED. NOTE: Exhibits referenced are available from the agency] Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 836.600 - 836.630 & 1997 OL & Ch. 859 History: LCDD 3-2004, f. & cert. ef. 5-7-04 LCDD 3-1999, f. & cert. ef. 2-12-99 LCDC 6-1996, f. & cert. ef. 12-23-96
660-013-0110 Other Uses Within the Airport Boundary Notwithstanding the provisions of OAR 660-013-0100, a local government may authorize commercial, industrial, manufacturing and other uses in addition to those listed in OAR 660-013-0100 within the airport boundary where such uses are consistent with applicable provisions of the acknowledged comprehensive plan, statewide planning goals and LCDC administrative rules and where the uses do not create a safety hazard or otherwise limit approved airport uses. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 836.600 - 836.630 & 1997 OL & Ch. 859 History: LCDD 3-1999, f. & cert. ef. 2-12-99 LCDC 6-1996, f. & cert. ef. 12-23-96
660-013-0140 Safe Harbors A “safe harbor” is a course of action that satisfies certain requirements of this division. Local governments may follow safe harbor requirements rather than addressing certain requirements in these rules. The following are considered to be “safe harbors”: (1) Portions of existing acknowledged comprehensive plans, land use regulations, Airport Master Plans and Airport Layout Plans adopted or otherwise approved by the local government as mandatory standards or requirements shall be considered adequate to meet requirements of these rules for the subject areas of rule requirements addressed by such plans and elements, unless such provisions are contrary to provisions of ORS 836.600 through 836.630. To the extent these documents do not contain specific provisions related to requirements of this division, the documents can not be considered as a safe harbor. The adequacy of existing provisions shall be evaluated based on the specificity of the documents and relationship to requirements of these rules; (2) This division does not require elimination of existing or allowed airport related uses authorized by an acknowledged comprehensive plan and land use regulations; and (3) Notwithstanding the safe harbor provisions of this rule, land use regulations applicable to non-towered airports shall authorize airport uses required by this division. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 836.600 - 836.630 & 1997 OL & Ch. 859 History: LCDD 3-1999, f. & cert. ef. 2-12-99 LCDC 6-1996, f. & cert. ef. 12-23-96
660-013-0155 Planning Requirements for Small Airports (1) Airports described in ORS 836.608(2) shall be subject to the planning and zoning requirements described in ORS 836.608(2) through (6) and (8). (2) The provisions of OAR 660-013-0100 shall be used in conjunction with ORS 836.608 to determine appropriate types of uses authorized within airport boundaries for airports described in 836.608(2). (3) The provisions of OAR 660-013-0070(1)(b) shall be used to protect approach corridors at airports described in ORS 836.608(2). (4) Airport boundaries for airports described in ORS 836.608(2) shall be adopted by local government pursuant to the requirements in ORS 836.608(2). Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 836.600 - 836.630 & 1997 OL & Ch. 859 History: LCDD 3-1999, f. & cert. ef. 2-12-99
660-013-0160 Applicability This division applies as follows: (1) Local government plans and land use regulations shall be updated to conform to this division at periodic review, except for provisions of chapter 859, OR Laws 1997 that became effective on passage. Prior to the adoption of the list of airports required by ORS 836.610(3), a local government shall be required to include a periodic review work task to comply with this division. However, the periodic review work task shall not begin prior to the Oregon Department of Aviation’s adoption of the list of airports required by ORS 836.610(3). For airports affecting more than one local government, applicable requirements of this division shall be included in a coordinated work program developed for all affected local governments concurrent with the timing of periodic review for the jurisdiction with the most land area devoted to airport uses. (2) Amendments to plan and land use regulations may be accomplished through plan amendment requirements of ORS 197.610 to 197.625 in advance of periodic review where such amendments include coordination with and adoption by all local governments with responsibility for areas of the airport subject to the requirements of this division. (3) Compliance with the requirements of this division shall be deemed to satisfy the requirements of Statewide Planning Goal 12 (Transportation) and OAR 660, division 12 related Airport Planning. (4) Uses authorized by this division shall comply with all applicable requirements of other laws. (5) Notwithstanding the provisions of OAR 660-013-0140 amendments to acknowledged comprehensive plans and land use regulations, including map amendments and zone changes, require full compliance with the provisions of this division, except where the requirements of the new regulation or designation are the same as the requirements they replace. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 836.600 - 836.630 & 1997 OL & Ch. 859 History: LCDD 3-2004, f. & cert. ef. 5-7-04 LCDD 3-1999, f. & cert. ef. 2-12-99 LCDC 6-1996, f. & cert. ef. 12-23-96
660-014-0000 Purpose ORS 197.175 requires cities and counties to exercise their planning and zoning responsibilities in compliance with the Statewide Planning Goals. This includes, but is not limited to, new or amended plans as a result of a city or special district boundary change including the incorporation or annexation of unincorporated territory. The purpose of this rule is to clarify the requirements of Goal 14 and to provide guidance to cities, counties and local government boundary commissions regarding urban development on rural lands, planning and zoning of newly incorporated cities, and the application of statewide goals during annexation proceedings. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.251 & 197.757 History: LCDD 5-2006, f. 7-13-06, cert. ef. 7-14-06 LCDD 4-2004, f. & cert. ef. 5-17-04 LCDC 11-1983, f. & ef. 12-30-83 LCDC 5-1983(Temp), f. & ef. 7-20-83
660-014-0010 Application of the Statewide Planning Goals to Newly Incorporated Cities (1) Incorporation of a new city within an acknowledged urban growth boundary does not require an exception to Goals 3, 4, 11, or 14. Incorporation of a new city within an acknowledged urban growth boundary must be consistent with relevant provisions of acknowledged city and county plans and land use regulations for the area to be incorporated. (2) The following are land use decisions which must comply with applicable Statewide Planning Goals or the acknowledged comprehensive plan: (a) A county order that authorizes an incorporation election pursuant to ORS 221.040; (b) A resolution adopted by a city approving an incorporation within three miles of its city limits pursuant to ORS 221.031(4); (c) An order adopted by a local government boundary commission authorizing incorporation of a new city pursuant to ORS 199.461. Incorporation decisions under this section include consolidations that include unincorporated lands. (3) A city or county decision listed in subsection (2)(a) and (b) of this rule may also require a plan amendment. If the area proposed for incorporation is subject to an acknowledged comprehensive plan, the amendments shall be reviewed through the post acknowledgment plan amendment review process specified in ORS 197.610 to 197.650 and 197.757. If the area proposed for incorporation is not subject to an acknowledged plan, a plan amendment is subject to review upon appeal as a "land use decision" as defined in ORS 197.015(10). (4) A newly incorporated city must adopt a comprehensive plan and implementing ordinances for all land in its planning area. Cities incorporated after January 1, 1982, shall have their comprehensive plans and land use regulations acknowledged no later than four years after the date of incorporation or as extended in accordance with a compliance schedule adopted by the commission. Comprehensive plans prepared and adopted by newly incorporated cities shall be reviewed through the plan acknowledgment review process set forth in ORS 197.251 and OAR chapter 660, division 3. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.251 & 197.757 History: LCDD 5-2006, f. 7-13-06, cert. ef. 7-14-06 LCDD 4-2004, f. & cert. ef. 5-17-04 LCDC 11-1983, f. & ef. 12-30-83 LCDC 5-1983(Temp), f. & ef. 7-20-83
660-014-0030 Rural Lands Irrevocably Committed to Urban Levels of Development (1) A conclusion, supported by reasons and facts, that rural land is irrevocably committed to urban levels of development can satisfy the Goal 2 exceptions standard (e.g., that it is not appropriate to apply Goals 14’s requirement prohibiting the establishment of urban uses on rural lands). If a conclusion that land is irrevocably committed to urban levels of development is supported, the four factors in Goal 2 and OAR 660-004-0020(2) need not be addressed. (2) A decision that land has been built upon at urban densities or irrevocably committed to an urban level of development depends on the situation at the specific site. The exact nature and extent of the areas found to be irrevocably committed to urban levels of development shall be clearly set forth in the justification for the exception. The area proposed as land that is built upon at urban densities or irrevocably committed to an urban level of development must be shown on a map or otherwise described and keyed to the appropriate findings of fact. (3) A decision that land is committed to urban levels of development shall be based on findings of fact, supported by substantial evidence in the record of the local proceeding, that address the following: (a) Size and extent of commercial and industrial uses; (b) Location, number and density of residential dwellings; (c) Location of urban levels of facilities and services; including at least public water and sewer facilities; and (d) Parcel sizes and ownership patterns. (4) A conclusion that rural land is irrevocably committed to urban development shall be based on all of the factors listed in section (3) of this rule. The conclusion shall be supported by a statement of reasons explaining why the facts found support the conclusion that the land in question is committed to urban uses and urban level development rather than a rural level of development. (5) More detailed findings and reasons must be provided to demonstrate that land is committed to urban development than would be required if the land is currently built upon at urban densities. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.040 History: LCDD 4-2004, f. & cert. ef. 5-17-04 LCDC 11-1983, f. & ef. 12-30-83 LCDC 5-1983(Temp), f. & ef. 7-20-83
660-014-0060 Annexations of Lands Subject to an Acknowledged Comprehensive Plan A city annexation made in compliance with a comprehensive plan acknowledged pursuant to ORS 197.251(1) or 197.625 shall be considered by the commission to have been made in accordance with the goals unless the acknowledged comprehensive plan and implementing ordinances do not control the annexation. Statutory/Other Authority: ORS 196 & 197 Statutes/Other Implemented: ORS 195, 196 & 197 History: Renumbered from 660-001-0310, LCDD 4-2004, f. & cert. ef. 5-17-04 LCDC 3-1990, f. & cert. ef. 6-6-90 LCD 3-1978, f. & ef. 2-15-78
660-014-0070 Annexations of Lands not subject to an Acknowledged Comprehensive Plan (1) All appropriate goals must be applied during annexation by the city. If the annexation is subject to the jurisdiction of a local government boundary commission, the boundary commission may utilize the findings of the city. The boundary commission, however, remains responsible for ensuring that the annexation is in conformance with the statewide goals. (2) For the annexation of lands not subject to an acknowledged plan, the requirements of Goal 14 (Urbanization) shall be considered satisfied only if the city or local government boundary commission, after notice to the county and an opportunity for it to comment, finds that adequate public facilities and services can be reasonably made available; and: (a) The lands are physically developed for urban uses or are within an area physically developed for urban uses; or (b) The lands are clearly and demonstrably needed for an urban use prior to acknowledgment of the appropriate plan and circumstances exist which make it clear that the lands in question will be within an urban growth boundary when the boundary is adopted in accordance with the goals. (3) Lands for which the findings in section (2) of this rule cannot be made shall not be annexed until acknowledgment of an urban growth boundary by the commission as part of the appropriate comprehensive plan. Statutory/Other Authority: ORS 196 & 197 Statutes/Other Implemented: ORS 195, 196 & 197 History: Renumbered from 660-001-0315, LCDD 4-2004, f. & cert. ef. 5-17-04 LCDC 3-1990, f. & cert. ef. 6-6-90 LCD 3-1978, f. & ef. 2-15-78
660-015-0000 Statewide Planning Goals and Guidelines #1 through #14 (1) #1 — Citizen Involvement; (2) #2 — Land Use Planning; (3) #3 — Agricultural Lands; (4) #4 — Forest Lands; (5) #5 — Natural Resources, Scenic and Historic Areas, and Open Spaces; (6) #6 — Air, Water, and Land Resources Quality; (7) #7 — Areas Subject to Natural Disasters and Hazards; (8) #8 — Recreational Needs; (9) #9 — Economy of the State; (10) #10 — Housing; (11) #11 — Public Facilities and Services; (12) #12 — Transportation; (13) #13 — Energy Conservation; and (14) #14 — Urbanization. [Publications: Publications referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 183, 197 & 215 Statutes/Other Implemented: ORS 197.010, 197.013, 197.015, 197.030, 197.040, 197.045, 197.225, 197.230, 197.235, 197.240, 197.245 & 197.435 –197.467 History: LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 1-2006, f. & cert. ef. 2-10-06 LCDD 8-2005, f. & cert. ef. 12-13-05 LCDD 4-2005, f. & cert. ef. 6-28-05 LCDD 1-2005, f. 2-11-05, cert. ef. 2-14-05 LCDD 6-2001, f. 11-2-01, cert. ef. 6-1-02 LCDD 8-2000, f. 10-3-00, cert. ef. 10-4-00 LCDD 4-1998, f. & cert. ef. 7-28-98 LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96 LCDC 8-1994, f. & cert. ef. 12-5-94 LCDC 4-1994, f. & cert. ef. 3-18-94 LCDC 2-1994, f. & cert. ef. 3-1-94 LCDC 5-1992, f. 8-21-92, cert. ef. 8-7-93 LCDC 1-1990, f. & cert. ef. 2-5-90 LCDC 2-1988, f. & cert. ef. 3-31-88 LCDC 5-1984, f. & cert. ef. 10-19-84 LCDC 10-1983, f. & cert. ef. 12-30-83 LCDC 6-1980, f. & cert. ef. 9-15-80, Renumbered from 660-010-0060 LCD 1, f. 12-31-74, cert. cert. ef. 1-25-75
660-015-0005 Statewide Planning Goal and Guideline #15 #15 — Willamette Greenway. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.010, 197.013, 197.015, 197.030, 197.040, 197.045, 197.225, 197.230, 197.235, 197.240, 197.245, 390.010 - 390.220 & 390.310 - 390.368 History: LCDD 3-2008, f. & cert. ef. 4-18-08 LCDC 2-1988, f. & cert. ef. 3-31-88 LCDC 8-1980, f. & ef. 12-17-80 LCDC 6, f. & ef. 12-24-75
660-015-0010 Statewide Planning Goals and Guidelines #16 Through #19 Coastal State-Wide Planning Goals: (1) #16 — Estuarine Resources; (2) #17 — Coastal Shorelands; (3) #18 — Beaches and Dunes; and (4) #19 — Ocean Resources. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.010, 197.013, 197.015, 197.040, 197.045, 197.225, 197.230, 197.235, 197.240 & 197.245 History: LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 2-2001, f. & cert. ef. 1-30-01 LCDD 7-1999, f. & cert. ef. 8-20-99 LCDC 2-1988, f. & cert. ef. 3-31-88 LCDC 6-1984, f. & ef. 10-19-84 LCDC 10, f. & ef. 6-7-77