justicedao/ipfs_state_laws huggingface dataset:
660-022-0060 Coordination and Citizen Involvement (1) Counties shall ensure that residents of unincorporated communities have adequate opportunities to participate in all phases of the planning process. Counties shall provide such opportunities in accordance with their acknowledged citizen involvement programs. (2) When a county proposes to designate an unincorporated community or to amend plan provisions or land use regulations that apply to such a community, the county shall specify the following: (a) How residents of the community and surrounding area will be informed about the proposal; (b) How far in advance of the final decision residents of the community and the surrounding area will be informed about the proposal; (c) Which citizen advisory committees will be notified of the proposal. (3) The information on these three points shall be included in the appropriate plan amendment proposals or periodic review work task. (4) When a county proposes to designate an urban unincorporated community, the county shall adopt a citizen involvement program for that community in accordance with the provisions of Goal 1, Citizen Involvement. (5) Proposals to designate, plan, or zone unincorporated communities shall be coordinated with all special districts, metropolitan service districts, and cities likely to be affected by such actions. For any unincorporated community, such coordination shall include a minimum of 45-day mailed notice to all cities and special districts (including metropolitan service districts) located within the distance described in OAR 660-022-0040(2). Statutory/Other Authority: ORS 197.040 & 197.245 Statutes/Other Implemented: ORS 197.040 History: LCDC 8-1994, f. & cert. ef. 12-5-94
660-022-0070 Applicability For each unincorporated community in the county, by January 1, 1998, or a date specified in a periodic review work program, all counties shall: (1) Plan for unincorporated communities under the requirements of this division; or (2) Demonstrate that all uses authorized by acknowledged comprehensive plans and land use regulations for unincorporated communities are rural, in compliance with statewide planning Goals 11 and 14; or (3) Amend acknowledged comprehensive plans and land use regulations to limit uses to those which are rural in compliance with statewide planning Goals 11 and 14; or (4) Adopt exceptions to statewide planning Goal 14, and Goal 11 if necessary, to allow urban uses on rural land. Statutory/Other Authority: ORS 197.040 & 197.245 Statutes/Other Implemented: ORS 197.040 History: LCDC 8-1994, f. & cert. ef. 12-5-94
660-023-0000 Purpose and Intent This division establishes procedures and criteria for inventorying and evaluating Goal 5 resources and for developing land use programs to conserve and protect significant Goal 5 resources. This division explains how local governments apply Goal 5 when conducting periodic review and when amending acknowledged comprehensive plans and land use regulations. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0010 Definitions As used in this division, unless the context requires otherwise: (1) “Conflicting use” is a land use, or other activity reasonably and customarily subject to land use regulations, that could adversely affect a significant Goal 5 resource (except as provided in OAR 660-023-0180(1)(b)). Local governments are not required to regard agricultural practices as conflicting uses. (2) “ESEE consequences” are the positive and negative economic, social, environmental, and energy (ESEE) consequences that could result from a decision to allow, limit, or prohibit a conflicting use. (3) “Impact area” is a geographic area within which conflicting uses could adversely affect a significant Goal 5 resource. (4) “Inventory” is a survey, map, or description of one or more resource sites that is prepared by a local government, state or federal agency, private citizen, or other organization and that includes information about the resource values and features associated with such sites. As a verb, “inventory” means to collect, prepare, compile, or refine information about one or more resource sites. (See resource list.) (5) “PAPA” is a “post-acknowledgment plan amendment.” The term encompasses actions taken in accordance with ORS 197.610 through 197.625, including amendments to an acknowledged comprehensive plan or land use regulation and the adoption of any new plan or land use regulation. The term does not include periodic review actions taken in accordance with ORS 197.628 through 197.650. (6) “Program” or “program to achieve the goal” is a plan or course of proceedings and action either to prohibit, limit, or allow uses that conflict with significant Goal 5 resources, adopted as part of the comprehensive plan and land use regulations (e.g., zoning standards, easements, cluster developments, preferential assessments, or acquisition of land or development rights). (7) “Protect,” when applied to an individual resource site, means to limit or prohibit uses that conflict with a significant resource site (except as provided in OAR 660-023-0140, 660-023-0180, and 660-023-0190). When applied to a resource category, “protect” means to develop a program consistent with this division. (8) “Resource category” is any one of the cultural or natural resource groups listed in Goal 5. (9) “Resource list” includes the description, maps, and other information about significant Goal 5 resource sites within a jurisdiction, adopted by a local government as a part of the comprehensive plan or as a land use regulation. A “plan inventory” adopted under OAR 660-016-0000(5)(c) shall be considered to be a resource list. (10) “Resource site” or “site” is a particular area where resources are located. A site may consist of a parcel or lot or portion thereof or may include an area consisting of two or more contiguous lots or parcels. (11) “Safe harbor” has the meaning given to it in OAR 660-023-0020(2). Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0020 Standard and Specific Rules and Safe Harbors (1) The standard Goal 5 process, OAR 660-023-0030 through 660-023-0050, consists of procedures and requirements to guide local planning for all Goal 5 resource categories. This division also provides specific rules for each of the fifteen Goal 5 resource categories (see OAR 660-023-0090 through 660-023-0230). In some cases this division indicates that both the standard and the specific rules apply to Goal 5 decisions. In other cases, this division indicates that the specific rules supersede parts or all of the standard process rules (i.e., local governments must follow the specific rules rather than the standard Goal 5 process). In case of conflict, the resource-specific rules set forth in OAR 660-023-0090 through 660-023-0230 shall supersede the standard provisions in OAR 660-023-0030 through 660-023-0050. (2) A “safe harbor” consists of an optional course of action that satisfies certain requirements under the standard process. Local governments may follow safe harbor requirements rather than addressing certain requirements in the standard Goal 5 process. For example, a jurisdiction may choose to identify “significant” riparian corridors using the safe harbor criteria under OAR 660-023-0090(5) rather than follow the general requirements for determining “significance” in the standard Goal 5 process under OAR 660-023-0030(4). Similarly, a jurisdiction may adopt a wetlands ordinance that meets the requirements of OAR 660-023-0100(4)(b) in lieu of following the ESEE decision process in OAR 660-023-0040. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0050 Programs to Achieve Goal 5 (1) For each resource site, local governments shall adopt comprehensive plan provisions and land use regulations to implement the decisions made pursuant to OAR 660-023-0040(5). The plan shall describe the degree of protection intended for each significant resource site. The plan and implementing ordinances shall clearly identify those conflicting uses that are allowed and the specific standards or limitations that apply to the allowed uses. A program to achieve Goal 5 may include zoning measures that partially or fully allow conflicting uses (see OAR 660-023-0040(5)(b) and (c)). (2) When a local government has decided to protect a resource site under OAR 660-023-0040(5)(b), implementing measures applied to conflicting uses on the resource site and within its impact area shall contain clear and objective standards. For purposes of this division, a standard shall be considered clear and objective if it meets any one of the following criteria: (a) It is a fixed numerical standard, such as a height limitation of 35 feet or a setback of 50 feet; (b) It is a nondiscretionary requirement, such as a requirement that grading not occur beneath the dripline of a protected tree; or (c) It is a performance standard that describes the outcome to be achieved by the design, siting, construction, or operation of the conflicting use, and specifies the objective criteria to be used in evaluating outcome or performance. Different performance standards may be needed for different resource sites. If performance standards are adopted, the local government shall at the same time adopt a process for their application (such as a conditional use, or design review ordinance provision). (3) In addition to the clear and objective regulations required by section (2) of this rule, except for aggregate resources, local governments may adopt an alternative approval process that includes land use regulations that are not clear and objective (such as a planned unit development ordinance with discretionary performance standards), provided such regulations: (a) Specify that landowners have the choice of proceeding under either the clear and objective approval process or the alternative regulations; and (b) Require a level of protection for the resource that meets or exceeds the intended level determined under OAR 660-023-0040(5) and 660-023-0050(1). Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0060 Notice and Land Owner Involvement Local governments shall provide timely notice to landowners and opportunities for citizen involvement during the inventory and ESEE process. Notification and involvement of landowners, citizens, and public agencies should occur at the earliest possible opportunity whenever a Goal 5 task is undertaken in the periodic review or plan amendment process. A local government shall comply with its acknowledged citizen involvement program, with statewide goal requirements for citizen involvement and coordination, and with other applicable procedures in statutes, rules, or local ordinances. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0070 Buildable Lands Affected by Goal 5 Measures (1) If measures to protect significant resource sites inside urban growth boundaries affect the inventory of buildable lands in acknowledged plans required by Goals 9, 10, and 14, a local government outside of the Metro UGB, and Metro inside the Metro UGB, prior to or at the next periodic review, shall: (a) Amend its urban growth boundary to provide additional buildable lands sufficient to compensate for the loss of buildable lands caused by the application of Goal 5; (b) Redesignate other land to replace identified land needs under Goals 9, 10, and 14 provided such action does not take the plan out of compliance with other statewide goals; or (c) Adopt a combination of the actions described in subsections (a) and (b) of this section. (2) If a local government redesignates land for higher density under subsections (1)(b) or (c) of this rule in order to meet identified housing needs, the local government shall ensure that the redesignated land is in locations appropriate for the housing types, and is zoned at density ranges that are likely to be achieved by the housing market. (3) Where applicable, the requirements of ORS 197.296 shall supersede the requirements of sections (1) and (2) of this rule. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0080 Metro Regional Resources (1) For purposes of this rule, the following definitions apply: (a) “Metro” is the Metropolitan Service District organized under ORS Chapter 268, and operating under the 1992 Metro Charter, for 24 cities and certain urban portions of Multnomah, Clackamas, and Washington counties. (b) “Regional resource” is a site containing a significant Goal 5 resource, including but not limited to a riparian corridor, wetland, or open space area, which is identified as a regional resource on a map adopted by Metro ordinance. (2) Local governments shall complete the Goal 5 process in this division for all regional resources prior to or during the first periodic review following Metro’s adoption of a regional resources map, unless Metro adopts a regional functional plan by ordinance to establish a uniform time for all local governments to complete the Goal 5 process for particular regional resource sites. (3) Metro may adopt one or more regional functional plans to address all applicable requirements of Goal 5 and this division for one or more resource categories and to provide time limits for local governments to implement the plan. Such functional plans shall be submitted for acknowledgment under the provisions of ORS 197.251 and 197.274. Upon acknowledgment of Metro’s regional resource functional plan, local governments within Metro’s jurisdiction shall apply the requirements of the functional plan for regional resources rather than the requirements of this division. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0120 Federal Wild and Scenic Rivers (1) At each periodic review, local governments shall amend acknowledged plans and land use regulations to address any federal Wild and Scenic River (WSR) and associated corridor established by the federal government that is not addressed by the acknowledged plan. The standards and procedures of OAR 660-023-0030 through 660-023-0050 apply to WSRs, except as provided in this rule. (2) Local governments shall not inventory WSRs using the standard process under OAR 660-023-0030, except that local governments shall follow the requirements of 660-023-0030(5) by designating all WSRs as significant Goal 5 resources. (3) A local government may delay completion of OAR 660-023-0040 and 660-023-0050 for a WSR until the federal government adopts a management plan for the WSR. Prior to the federal government adoption of a management plan, the local government shall notify the federal government of proposed development and changes of land use within the interim WSR corridor. (4) Prior to or at the first periodic review following adoption of a management plan by the federal government for an established WSR, the local government shall adopt a program to protect the WSR and associated corridor by following the ESEE standards and procedures of OAR 660-023-0040 and 660-023-0050. The impact area determined under OAR 660-023-0040(3) shall be the WSR corridor that is established by the federal government. Notwithstanding the provisions of OAR 660-023-0040(5), the local program shall be consistent with the federal management plan. (5) For any lands in a designated WSR corridor that are also within the impact area of a designated Oregon Scenic Waterway, the local government may apply the requirements of OAR 660-023-0130 rather than the applicable requirements of this rule in order to develop a program to achieve Goal 5. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0130 Oregon Scenic Waterways (1) At each periodic review, local governments shall amend acknowledged plans and land use regulations to address any Oregon Scenic Waterway (OSW) and associated corridor that is not addressed by the acknowledged plan. The standards and procedures of OAR 660-023-0030 through 660-023-0050 apply to OSWs, except as provided in this rule. (2) Local governments shall not inventory OSWs following all the steps of the standard inventory process under OAR 660-023-0030. Instead, local governments shall follow only the requirements of OAR 660-023-0030(5) by designating OSWs as significant Goal 5 resources. (3) A local government may delay completion of the Goal 5 process (OAR 660-023-0040 and 660-023-0050) for an OSW until the Oregon Parks and Recreation Commission (OPRC) adopts a management plan for the OSW. Prior to the OPRC adoption of a management plan for the OSW, the local government shall: (a) Notify the Oregon Parks and Recreation Department (OPRD) of proposed developments and changes of land use on land within the interim OSW corridor; and (b) Inform landowners who apply to the local government for development approval or changes of land use within the OSW corridor of their notice obligations under ORS 390.845. (4) Prior to or at the first periodic review following adoption of a management plan by the OPRC for an established OSW, the local government shall adopt a Goal 5 program for the OSW and associated corridor by following either the ESEE standards and procedures of OAR 660-023-0040 and 660-023-0050 or the safe harbor provisions in section (5) of this rule. The impact area determined under OAR 660-023-0040(3) shall be the scenic waterway and adjacent lands as set forth in ORS 390.805(2) and (3). Notwithstanding the provisions of OAR 660-023-0040(5), the local program for the OSW shall be consistent with the management plan adopted by OPRC. (5) As a safe harbor, a local government may adopt only those plan and implementing ordinance provisions necessary to carry out the management plan adopted by OPRC rather than follow the ESEE standards and procedures of OAR 660-023-0040 and 660-023-0050. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0150 Approved Oregon Recreation Trails (1) For purposes of this rule, “recreation trail” means an Oregon Recreation Trail designated by rule adopted by the Oregon Parks and Recreation Commission (OPRC). (2) Recreation trails are designated by OPRC in cooperation with local governments and private land owners. Local governments are not required to inventory recreation trails under OAR 660-023-0030. Instead, local governments shall designate all recreation trails designated by OPRC as significant Goal 5 resources. At each periodic review, local governments shall amend acknowledged plans to recognize any recreation trail designated by OPRC subsequent to acknowledgment or a previous periodic review. (3) Local governments are not required to amend acknowledged plans or land use regulations in order to supplement OPRC protection of recreation trails. If a local government chooses to supplement OPRC protection, it shall follow the requirements of OAR 660-023-0040 and 660-023-0050. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0160 Natural Areas (1) For purposes of this rule, “natural areas” are areas listed in the Oregon State Register of Natural Heritage Resources. (2) At periodic review, local governments shall consider information about natural areas not addressed at acknowledgment or in previous periodic reviews. Local governments shall inventory such areas as significant and develop a program to achieve the goal following the standard Goal 5 process in OAR 660-023-0040 and 660-023-0050. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0170 Wilderness Areas (1) For purposes of this rule, “wilderness areas” are those areas designated as wilderness by the federal government. (2) Local governments are not required to inventory wilderness areas using the procedures of OAR 660-023-0030, except that local governments shall list all federally designated wilderness areas as significant Goal 5 resources as provided under OAR 660-023-0030(5). (3) At periodic review, local governments shall amend acknowledged plans to recognize any wilderness areas designated after the last periodic review or acknowledgment. (4) A local government need not complete the Goal 5 process in OAR 660-023-0040 and 660-023-0050 for wilderness areas unless it chooses to provide additional protection for the wilderness area, such as the regulation of conflicting uses in an impact area adjacent to the wilderness area. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.225 - 197.245 History: LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96
660-023-0190 Energy Sources (1) For purposes of this rule: (a) “Energy source” includes naturally occurring locations, accumulations, or deposits of one or more of the following resources used for the generation of energy: natural gas, surface water (i.e., dam sites), geothermal, solar, and wind areas. Energy sources applied for or approved through the Oregon Energy Facility Siting Council (EFSC) or the Federal Energy Regulatory Commission (FERC) may be deemed significant energy sources for purposes of Goal 5. (b) “Protect,” for energy sources, means to adopt plan and land use regulations for a significant energy source that limit new conflicting uses within the impact area of the site and authorize the present or future development or use of the energy source at the site. (2) Local governments may amend their acknowledged comprehensive plans to address energy sources using the standards and procedures in OAR 660-023-0030 through 660-023-0050, and, if applicable OAR 660-023-0195. Except for photovoltaic solar power generation facilities, where EFSC or FERC regulate a local site or an energy facility that relies on a site specific energy source, that source shall be considered a significant energy source under OAR 660-023-0030. Alternatively, local governments may adopt a program to evaluate conflicts and develop a protection program on a case-by-case basis, i.e., upon application to develop an individual energy source, as follows: (a) For proposals involving energy sources under the jurisdiction of EFSC or FERC that are not relied on for a photovoltaic solar power generation facility, the local government may comply with Goal 5 by amending its comprehensive plan and land use regulations to implement the EFSC or FERC decision on the proposal as per ORS 469.504; and (b) For proposals involving energy sources not under the jurisdiction of EFSC or FERC, the local government may follow the standards and procedures of OAR 660-023-0030 through 660-023-0050, or OAR 660-023-0195, whichever is applicable. (3) Local governments shall coordinate planning activities for energy sources with the Oregon Department of Energy. Statutory/Other Authority: ORS 183 & ORS 197 Statutes/Other Implemented: ORS 197.040 & ORS 197.225 - 197.245 History: LCDD 6-2025, amend filed 11/10/2025, effective 01/01/2026 LCDD 3-2004, f. & cert. ef. 5-7-04 LCDC 2-1996, f. 8-30-96, cert. ef. 9-1-96