345-022-0100 Recreation ( 1 ) To i ss u e a s i t e c er t i f i c a t e, t h e C o un c i l m us t f i n d t h a t t h e d e s i g n , c o n s t r u c t i o n a n d o p e r a t i o n o f a fac i l i t y , t a k in g i n t o acc ou n t m it i g a ti on , a r e n o t li k e l y t o r e s u l t i n a s i gn i f i ca n t a d v er s e i m p act t o i m po r t a n t recre a t io n al o p p o r t un i t i e s. (2) T he C o un c i l must c o ns id e r th e f o l l o win g fa c to r s i n j u dg i n g t h e i m po r t a n ce o f a recr e a ti o n al o pp o r tu n i t y : (a) A n y sp e c i al d e s ig n a ti o n o r m a n a g e m e n t o f t h e l o c a t io n; ( b ) T h e d e g ree o f d e m a nd; (c) Any o u ts t and i ng or un u s u a l q u a l i t ies; ( d ) The a v a i l a bi l i t y o r rare n e s s ; and (e) The irr e pl a ce a b il it y o r i rr e t r i e v a b i l it y o f t h e o p p o r tu n i t y . (3) The Council may issue a site certificate for a special criteria facility under OAR 345-015-0310 without making the findings described in section (1). In issuing such a site certificate, the Council may impose conditions of approval to minimize the potential significant adverse impacts from the design, construction, and operation of the facility on important recreational opportunities. (4) The Council must apply the version of this rule adopted under Administrative Order EFSC 1-2002, filed and effective April 3, 2002, to the review of any Application for Site Certificate or Request for Amendment that was determined to be complete under OAR 345-015-0190 or 345-027-0363 before the effective date of this rule. Nothing in this section waives the obligations of the certificate holder and Council to abide by local ordinances, state law, and other rules of the Council for the construction and operation of energy facilities in effect on the date the site certificate or amended site certificate is executed. (5) To assist the Council in determining whether the standard outlined in (1) through (4) has been met , the Applicant must submit information about the impacts the proposed facility would have on important recreational opportunities in the analysis area, providing evidence to support a finding by the Council as required by OAR 345-022-0100, including: (a) A description of the recreational opportunities in the analysis area that includes information on the factors listed in OAR 345-022-0100(1) as a basis for identifying important recreational opportunities; (b) A description of any potential adverse impacts to the important opportunities identified in subsection (a) including, but not limited to: (A) Direct or indirect loss of a recreational opportunity as a result of facility construction or operation; (B) Noise resulting from facility construction or operation; (C) Increased traffic resulting from facility construction or operation; and (D) Visual impacts of facility structures or plumes, including but not limited to, changes in landscape character or quality. (c) An evaluation of the significance of the potential adverse impacts identified under subsection (b); (d) A description of any measures the applicant proposes to avoid, reduce or otherwise mitigate any significant adverse impacts identified in subsection (b); (e) A map of the analysis area showing the locations of important recreational opportunities identified in subsection (a); and (f) The applicant’s proposed monitoring program, if any, for impacts to important recreational opportunities. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: ORS 469.501 History: EFSC 2-2025, amend filed 04/02/2025, effective 04/02/2025 EFSC 5-2022, amend filed 12/19/2022, effective 12/19/2022 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFCS 2-1994, f. & cert. ef. 5-6-94 EFCS 1-1994, f. & cert. ef. 1-28-94 EFCS 5-1993(Temp), f. & cert. ef. 8-16-93 EFSC 1-1993, f. & cert. ef. 1-15-93