justicedao/ipfs_state_laws huggingface dataset:
660-003-0033 Expedited Notice Procedure for Acknowledgment (1) When during an acknowledgment review, a city or county changes its plan or land use regulations after the comment period provided for in either OAR 660-003-0020(1) or 660-003-0032(1), the director may determine that additional notice to the public or persons who have submitted comments or objections is not necessary prior to consideration of the jurisdiction's acknowledgment request by the commission. In making this determination, the director shall carefully consider the complexity of the goal compliance issues involved, the nature and number of comments and objections previously received, the opportunities provided by the jurisdiction for public review and comment on recent amendments and the length of time between the adoption of the recent amendments and the date of commission action on the jurisdiction's acknowledgment request. The department shall work closely with persons who have previously submitted comments and objections and the jurisdiction to resolve any conflicts concerning the additional amendments prior to commission action on the acknowledgment request. (2) The director may forego additional notice to the public and persons who have submitted comments or objections only if the jurisdiction provides general notice to the public and notifies persons who submitted comments or objections in writing of an opportunity to participate in the local hearing(s) regarding the adoption of the additional amendments. The jurisdiction shall send a copy of the written notice to all persons who submitted comments or objections and to the department in Salem. (3) When the commission considers the jurisdiction's request for acknowledgment, the commission shall allow testimony from the public or persons who have submitted comments or objections which allege inadequate opportunity for review of the jurisdiction's amendment adopted after the comment deadline. If the commission determines that further notice and opportunity for comment is needed, or if additional opportunity to file exceptions to the director's report under ORS 197.251(3) is required, it shall instruct the director to provide such notice and opportunity for comment before the commission acts on the jurisdiction's acknowledgment request. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.251 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCDC 6-1983, f. & ef. 7-20-83
660-003-0050 Review Upon Remand or Reversal from Oregon Court of Appeals or Oregon Supreme Court (1) The commission shall reconsider an acknowledgment request as a result of a remand or reversal from the Oregon Court of Appeals or Oregon Supreme Court within 90 days of the date the decision becomes final. The director shall review the Court's decision and make written recommendations to the commission regarding any additional planning work that is required for acknowledgment of compliance with the goals as a result of the Court's decision. (2) The director's recommendations shall be sent out at least 14 days before the commission's reconsideration of the acknowledgment request subject to the Court's remand or reversal. The director's recommendations shall be sent to the applicable local government, local coordination body, parties on appeal and those persons who, according to the department's records, were mailed a copy of the commission's acknowledgment or continuance order subject to the Court's remand or reversal. (3) The persons mailed a copy of the director's recommendations under section (2) of this rule shall have ten calendar days from the date of mailing of the director's recommendations to file with the director written exceptions to those recommendations. (4) The director may submit a written or oral opinion to the commission regarding exceptions submitted to the commission concerning the remand or reversal. (5) The commission may allow any person who received a copy of the director's recommendation under section (1) of this rule or who filed written exceptions within the time period set forth in section (3) of this rule to appear before the commission to present oral comments on the director's recommendation or their written exceptions. The commission shall not allow additional evidence to be presented which was not part of the record of the commission's initial acknowledgment review subject to the Court's remand or reversal. (6) The commission may allow any interested person who was not mailed a copy of the director's recommendation or did not file a written exception pursuant to sections (1) and (3) of this rule to comment on the director's recommendation or submitted written exceptions. (7) Following review of the director's recommendation and any exceptions, the commission shall enter a continuance order for those parts of the comprehensive plan or land use regulations for which the court determined that goal compliance had not been demonstrated. The commission may also enter a limited acknowledgment order for parts of the comprehensive plan and land use regulations not affected by the continuance order. (8) The commission's review of corrections made pursuant to an order issued pursuant to section (7) of this rule will be conducted in accordance with the requirements of OAR 660-003-0025 or 660-003-0033. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.251 History: LCDD 12-2010, f. & cert. ef. 12-8-10 LCDC 6-1985, f. & ef. 11-15-85
660-004-0005 Definitions For the purpose of this division, the definitions in ORS 197.015 and the Statewide Planning Goals shall apply. In addition, the following definitions shall apply: (1) An "Exception" is a comprehensive plan provision, including an amendment to an acknowledged comprehensive plan, that: (a) Is applicable to specific properties or situations and does not establish a planning or zoning policy of general applicability; (b) Does not comply with some or all goal requirements applicable to the subject properties or situations; and (c) Complies with ORS 197.732(2), the provisions of this division and, if applicable, the provisions of OAR 660-011-0060, 660-012-0070, 660-014-0030 or 660-014-0040. (2) "Resource Land" is land subject to one or more of the statewide goals listed in OAR 660-004-0010(1)(a) through (g) except subsections (c) and (d). (3) "Nonresource Land" is land not subject to any of the statewide goals listed in OAR 660-004-0010(1)(a) through (g) except subsections (c) and (d). Nothing in these definitions is meant to imply that other goals, particularly Goal 5, do not apply to nonresource land. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.015, 197.732 & 197.736 History: LCDD 3-2011, f. & cert. ef. 3-16-11 LCDD 1-2011, f. & cert. ef. 2-2-11 LCDD 3-2004, f. & cert. ef. 5-7-04 LCDC 9-1983, f. & ef. 12-30-83 LCDC 5-1982, f. & ef 7-21-82
660-004-0015 Inclusion as Part of the Plan (1) A local government approving a proposed exception shall adopt, as part of its comprehensive plan, findings of fact and a statement of reasons that demonstrate that the standards for an exception have been met. The reasons and facts shall be supported by substantial evidence that the standard has been met. (2) A local government denying a proposed exception shall adopt findings of fact and a statement of reasons that demonstrate that the standards for an exception have not been met. However, the findings need not be incorporated into the local comprehensive plan. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.732 History: LCDD 3-2011, f. & cert. ef. 3-16-11 LCDD 1-2011, f. & cert. ef. 2-2-11 LCDC 9-1983, f. & ef. 12-30-83 LCDC 5-1982, f. & ef. 7-21-82
660-004-0023 Reasons Necessary to Justify an Exception for a Substantially Developed Subdivision to Receive Transferred Development Credits Under Goal 2, Part II(c) Notwithstanding OAR 660-004-0022(2), an exception under Goal 2, Part II(c) may be taken to Goal 3 or Goal 4, or both, to designate a receiving area as provided in OAR chapter 660, division 29 to accommodate dwellings authorized by ORS 195.300 to 195.336 (Measure 49) in a substantially developed subdivision in a farm or forest zone. (1) For the purposes of this rule, “substantially developed subdivision” has the meaning provided in OAR 660-029-0010. (2) A county may find that the need for a receiving area that is satisfied by designating a substantially developed subdivision under OAR chapter 660, division 29 is a reason that the state policy embodied in Goal 3 or Goal 4, or both, should not apply to the substantially developed subdivision. (3) Notwithstanding OAR 660-004-0020(2)(b)(B)(i)-(iv), a county may limit its consideration of areas that do not require a new exception under OAR 660-004-0020(2)(b) to areas that qualify as potential receiving areas under OAR 660-029-0080(1), (4) and (5). (4) A county may limit its analysis of long-term environmental, economic, social and energy consequences under OAR 660-004-0020(2)(c) to substantially developed subdivisions under OAR 660-029-0080(2). (5) A county may determine that a substantially developed subdivision that meets the requirements of OAR 660-029-0080 is compatible with other adjacent uses as required by OAR 660-004-0020(2)(d). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336 & 197.732; 2007 Oregon Laws & chapter 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-004-0025 Exception Requirements for Land Physically Developed to Other Uses (1) A local government may adopt an exception to a goal when the land subject to the exception is physically developed to the extent that it is no longer available for uses allowed by the applicable goal. Other rules may also apply, as described in OAR 660-004-0000(1). (2) Whether land has been physically developed with uses not allowed by an applicable goal will depend on the situation at the site of the exception. The exact nature and extent of the areas found to be physically developed shall be clearly set forth in the justification for the exception. The specific area(s) must be shown on a map or otherwise described and keyed to the appropriate findings of fact. The findings of fact shall identify the extent and location of the existing physical development on the land and can include information on structures, roads, sewer and water facilities, and utility facilities. Uses allowed by the applicable goal(s) to which an exception is being taken shall not be used to justify a physically developed exception. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.732 History: LCDD 3-2011, f. & cert. ef. 3-16-11 LCDD 1-2011, f. & cert. ef. 2-2-11 LCDC 9-1983, f. & ef. 12-30-83 LCDC 5-1982, f. & ef. 7-21-82
660-004-0030 Notice and Adoption of an Exception (1) Goal 2 requires that each notice of a public hearing on a proposed exception shall specifically note that a goal exception is proposed and shall summarize the issues in an understandable manner. (2) A planning exception takes effect when the comprehensive plan or plan amendment is adopted by the city or county governing body. Adopted exceptions will be reviewed by the Commission when the comprehensive plan is reviewed for compliance with the goals through the acknowledgment or periodic review processes under OAR chapter 660, divisions 3 or 25, and by the Board when a plan amendment is reviewed as a post-acknowledgment plan amendment pursuant to OAR chapter 660, division 18. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610 - 197.625, 197.628 - 197.646 & 197.732 History: LCDD 3-2011, f. & cert. ef. 3-16-11 LCDD 1-2011, f. & cert. ef. 2-2-11 LCDC 9-1983, f. & ef. 12-30-83 LCDC 5-1982, f. & ef. 7-21-82
660-004-0035 Appeal of an Exception (l) Prior to acknowledgment, an exception, or the failure to take a required exception, may be appealed to the Board pursuant to ORS 197.830, or to the Commission as an objection to the local government's request for acknowledgment, pursuant to ORS 197.251 and OAR chapter 660, division 3. (2) After acknowledgment, an exception taken as part of a plan amendment, or the failure to take a required exception when amending a plan, may be appealed to the Board pursuant to ORS 197.620 and OAR chapter 660, division 18. (3) After acknowledgment, an exception taken as part of a periodic review work task submitted under OAR 660-025-0130, or failure to take a required exception when amending a plan under periodic review, may be appealed to the Commission pursuant to ORS 197.633 and OAR 660-025-0150. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.610 - 197.625, 197.732 & 197.830 History: LCDD 3-2011, f. & cert. ef. 3-16-11 LCDD 1-2011, f. & cert. ef. 2-2-11 LCDD 3-2004, f. & cert. ef. 5-7-04 LCDC 9-1983, f. & ef. 12-30-83 LCDC 5-1982, f. & ef. 7-21-82
660-004-0050 Wildfire Recovery Efforts on Industrial and Commercial Lands (1) The purpose of this rule is to specify how counties may approve uses on rural lands in acknowledged exception areas planned for industrial or commercial to assist with wildfire recovery efforts. (2) For purposes of this rule, in addition to the definitions in ORS 197.015, the Statewide Planning Goals and OAR 660-004-0005, the following definitions apply: (a) “Industrial areas” means lands that are not within an urban growth boundary or unincorporated community, that are planned and zoned primarily for industrial uses, and for which an exception to Goal 3 “Agricultural Lands”, Goal 4 “Forest Lands”, or both has been taken. (b) “Commercial areas” means lands that are not within an urban growth boundary or unincorporated community, that are planned and zoned primarily for commercial uses, and for which an exception to Goal 3 “Agricultural Lands”, Goal 4 “Forest Lands”, or both has been taken. (3) Within industrial and commercial areas a county may allow the uses identified at OAR 660-004-004(14) following the process and other required provisions identified therein. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.732 History: LCDD 5-2021, adopt filed 09/24/2021, effective 09/25/2021
660-006-0000 Purpose (1) The purpose of this division is to conserve forest lands as defined by Goal 4 and to define standards for compliance with implementing statutes at ORS 215.700 through 215.799. (2) To accomplish the purpose of conserving forest lands, the governing body shall: (a) Designate forest lands on the comprehensive plan map as forest lands consistent with Goal 4 and OAR chapter 660, division 6; (b) Zone forest lands for uses allowed pursuant to OAR chapter 660, division 6 on designated forest lands; and (c) Adopt plan policies consistent with OAR chapter 660, division 6. (3) This rule provides for a balance between the application of Goal 3 "Agricultural Lands" and Goal 4 "Forest Lands," because of the extent of lands that may be designated as either agricultural or forest land. Statutory/Other Authority: ORS 197.040, 197.230 & 197.245 Statutes/Other Implemented: ORS 197.040, 197.230, 197.245, 215.700, 215.705, 215.720, 215.740, 215.750, 215.780 & Ch. 792 & 1993 OL History: LCDD 2-2011, f. & cert. ef. 2-2-11 LCDC 1-1994, f. & cert. ef. 3-1-94 LCDC 1-1990, f. & cert. ef. 2-5-90 LCDC 8-1982, f. & ef. 9-1-82
660-006-0003 Applicability (1) This division applies to all forest lands as defined by Goal 4. (2) Governing bodies shall amend their comprehensive plan and land use regulations to comply with requirements of OAR 660-006-0035(2) and 660-006-0040 by September 6, 1994. Statutory/Other Authority: ORS 197.040, 197.230 & 197.245 Statutes/Other Implemented: ORS 197.040, 197.230, 197.245, 215.700, 215.705, 215.720, 215.740, 215.750, 215.780 & Ch. 792 & 1993 OL History: LCDD 2-2011, f. & cert. ef. 2-2-11 LCDC 1-1994, f. & cert. ef. 3-1-94 LCDC 7-1992, f. & cert. ef. 12-10-92 LCDC 1-1990, f. & cert. ef. 2-5-90
660-006-0004 Notice of Decision in Forest Zones Governing bodies shall provide the following types of notice: (1) Notice of all applications for dwellings and land divisions in forest and agriculture/forest zones shall be provided to the Department of Land Conservation and Development at the Salem office. Notice shall be in accordance with the governing body's acknowledged comprehensive plan and land use regulations, and shall be mailed at least 10 calendar days prior to the hearing or decision being made. (2) Notice of proposed actions described in section (1) of this rule shall be provided as required by procedures for notice contained in ORS 197.763 and 215.402 to 215.438. (3) The provisions of sections (1) and (2) of this rule are repealed on September 6, 1995. Statutory/Other Authority: ORS 197.040, 197.230 & 197.245 Statutes/Other Implemented: ORS 197.040, 197.230, 197.245, 215.700, 215.705, 215.720, 215.740, 215.750, 215.780 & Ch. 792 & 1993 OL History: LCDD 2-2011, f. & cert. ef. 2-2-11 LCDC 1-1994, f. & cert. ef. 3-1-94 LCDC 1-1990, f. & cert. ef. 2-5-90
660-006-0010 Identifying Forest Land (1) Governing bodies shall identify “forest lands” as defined by Goal 4 in the comprehensive plan. Lands inventoried as Goal 3 agricultural lands, lands for which an exception to Goal 4 is justified pursuant to ORS 197.732 and taken, and lands inside urban growth boundaries are not required to planned and zoned as forest lands. (2) Where a plan amendment is proposed: (a) Lands suitable for commercial forest uses shall be identified using a mapping of average annual wood production capability by cubic foot per acre (cf/ac) as reported by the USDA Natural Resources Conservation Service. Where NRCS data are not available or are shown to be inaccurate, other site productivity data may be used to identify forest land, in the following order of priority: (A) Oregon Department of Revenue western Oregon site class maps; (B) USDA Forest Service plant association guides; or (C) Other information determined by the State Forester to be of comparable quality. (b) Where data of comparable quality under paragraphs (2)(a)(A) through (C) are not available or are shown to be inaccurate, an alternative method for determining productivity may be used as described in the Oregon Department of Forestry’s Technical Bulletin entitled “Land Use Planning Notes, Number 3 April 1998, Updated for Clarity April 2010.” (c) Counties shall identify forest lands that maintain soil air, water and fish and wildlife resources. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.040, ORS 197.230, ORS 197.245, ORS 215.700, ORS 215.705, ORS 215.720, ORS 215.740, ORS 215.750, ORS 215.780 & Ch. 792 & 1993 OL History: LCDD 3-2016, f. & cert. ef. 2-10-16 LCDD 2-2011, f. & cert. ef. 2-2-11 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDC 1-1990, f. & cert. ef. 2-5-90 LCDC 8-1982, f. & ef. 9-1-82
660-006-0015 Plan Designation Outside an Urban Growth Boundary (1) Lands inventoried as forest lands must be designated in the comprehensive plan and implemented with a zone that conserves forest lands consistent with OAR chapter 660, division 6, unless an exception to Goal 4 is taken pursuant to ORS 197.732, the forest lands are marginal lands pursuant to ORS 197.247 (1991 Edition), the land is zoned with an Exclusive Farm Use Zone pursuant to ORS chapter 215 provided the zone qualifies for special assessment under ORS 308.370, or is an "abandoned mill site" zoned for industrial use as provided for by ORS 197.719. In areas of intermingled agricultural and forest lands, an agricultural/forest lands designation may also be appropriate if it provides protection for forest lands consistent with the requirements of OAR chapter 660, division 6. The plan shall describe the zoning designation(s) applied to forest lands and its purpose and shall contain criteria that clearly indicate where the zone(s) will be applied. (2) When lands satisfy the definition requirements of both agricultural land and forest land, an exception is not required to show why one resource designation is chosen over another. The plan need only document the factors that were used to select an agricultural, forest, agricultural/forest, or other appropriate designation. Statutory/Other Authority: ORS 197.040, 197.230 & 197.245 Statutes/Other Implemented: ORS 197.040, 197.230, 197.245, 215.700, 215.705, 215.720, 215.740, 215.750, 215.780 & Ch. 792 & 1993 OL History: LCDD 2-2011, f. & cert. ef. 2-2-11 LCDD 3-2004, f. & cert. ef. 5-7-04 LCDC 1-1994, f. & cert. ef. 3-1-94 LCDC 7-1992, f. & cert. ef. 12-10-92 LCDC 1-1990, f. & cert. ef. 2-5-90 LCDC 8-1982, f. & ef. 9-1-82
660-006-0020 Plan Designation Within an Urban Growth Boundary Goal 4 does not apply within urban growth boundaries and therefore, the designation of forest lands is not required. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.040, 197.230, 197.245 & Ch. 792 & 1993 OL History: LCDD 2-2011, f. & cert. ef. 2-2-11 LCDC 1-1990, f. & cert. ef. 2-5-90 LCDC 8-1982, f. & ef. 9-1-82
660-006-0035 Fire-Siting Standards for Dwellings and Structures The following fire-siting standards or their equivalent shall apply to all new dwelling or structures in a forest or agriculture/forest zone: (1) The dwelling shall be located upon a parcel within a fire protection district or shall be provided with residential fire protection by contract. If the dwelling is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included within the nearest such district. If the governing body determines that inclusion within a fire protection district or contracting for residential fire protection is impracticable, the governing body may provide an alternative means for protecting the dwelling from fire hazards. The means selected may include a fire sprinkling system, onsite equipment and water storage or other methods that are reasonable, given the site conditions. If a water supply is required for fire protection, it shall be a swimming pool, pond, lake, or similar body of water that at all times contains at least 4,000 gallons or a stream that has a continuous year round flow of at least one cubic foot per second. The applicant shall provide verification from the Water Resources Department that any permits or registrations required for water diversion or storage have been obtained or that permits or registrations are not required for the use. Road access shall be provided to within 15 feet of the water's edge for firefighting pumping units. The road access shall accommodate the turnaround of firefighting equipment during the fires season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source. (2) Road access to the dwelling shall meet road design standards described in OAR 660-006-0040. (3) The owners of the dwellings and structures shall maintain a primary fuel-free break area surrounding all structures and clear and maintain a secondary fuel-free break area on land surrounding the dwelling that is owned or controlled by the owner in accordance with the provisions in "Recommended Fire Siting Standards for Dwellings and Structures and Fire Safety Design Standards for Roads" dated March 1, 1991, and published by the Oregon Department of Forestry. (4) The dwelling shall have a fire retardant roof. (5) The dwelling shall not be sited on a slope of greater than 40 percent. (6) If the dwelling has a chimney or chimneys, each chimney shall have a spark arrester. Statutory/Other Authority: ORS 197.040, 197.230 & 197.245 Statutes/Other Implemented: ORS 197.040, 197.230, 197.245, 215.700, 215.705, 215.720, 215.740, 215.750, 215.780 & Ch. 792 & 1993 OL History: LCDD 2-2011, f. & cert. ef. 2-2-11 LCDD 2-1998, f. & cert. ef. 6-1-98 LCDC 1-1994, f. & cert. ef. 3-1-94 LCDC 1-1990, f. & cert. ef. 2-5-90