justicedao/ipfs_state_laws huggingface dataset:
660-033-0080 Designation of High-Value Farmland (1) The commission may review comprehensive plan and land use regulations related to the identification and designation of high-value farmland under procedures set forth in ORS 197.251 or 197.628 through 197.644. (2) Counties shall submit maps of high-value farmland described in OAR 660-033-0020(8) and such amendments of their plans and land use regulations as are necessary to implement the requirements of this division to the commission for review. Counties shall submit high-value farmland maps no later than the time of the first periodic review after December 31, 1994. The submittal shall include the notice required by OAR chapter 660, division 18 or 25, whichever applies. Statutory/Other Authority: 197.040, 197.230 & 197.245 Statutes/Other Implemented: ORS 197.015, 197.040, 197.230, 197.245, 215.203, 215.243 & 215.700 - 215.710 History: LCDC 3-1994, f. & cert. ef. 3-1-94 LCDC 6-1992, f. 12-10-92, cert. ef. 8-7-93
660-033-0090 Uses on High-Value and Non High-Value Farmland (1) Uses on land identified as high-value farmland and uses on land not identified as high-value farmland shall be limited to those specified in OAR 660-033-0120. Except as provided for in section (2) of this rule, counties shall apply zones that qualify as exclusive farm use zones under ORS Chapter 215 to “agricultural land” as identified under OAR 660-033-0030, which includes land identified as high-value farmland and land not identified as high-value farmland. (2) “Abandoned mill sites” may be zoned for industrial use as provided for by ORS 197.719. Statutory/Other Authority: ORS 197.040 & 215 Statutes/Other Implemented: ORS 197.015, 197.040, 197.230, 197.245, 197.719, 215.203, 215.243, 215.283 & 215.700 - 215.710 History: LCDD 1-2004, f. & cert. ef. 4-30-04 LCDC 6-1992, f. 12-10-92, cert. ef. 8-7-93
660-033-0120 Uses Authorized on Agricultural Lands The specific development and uses listed in the following table are allowed in the areas that qualify for the designation pursuant to this division. All uses are subject to the general provisions, special conditions, additional restrictions and exceptions set forth in this division. The abbreviations used within the table shall have the following meanings: (1) “A” Use is allowed. Authorization of some uses may require notice and the opportunity for a hearing because the authorization qualifies as a land use decision pursuant to ORS chapter 197. Minimum standards for uses in the table that include a numerical reference are specified in OAR 660-033-0130 and 660-033-0135. Counties may prescribe additional limitations and requirements to meet local concerns only to the extent authorized by law. (2) “R” Use may be allowed, after required review. The use requires notice and the opportunity for a hearing. Minimum standards for uses in the table that include a numerical reference are specified in OAR 660-033-0130. Counties may prescribe additional limitations and requirements to meet local concerns. (3) “*” — The use is not allowed. (4) “#” — Numerical references for specific uses shown in the table refer to the corresponding section of OAR 660-033-0130. Where no numerical reference is noted for a use in the table, this rule does not establish criteria for the use. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 197.040 & ORS 197.245 Statutes/Other Implemented: ORS 197.245, ORS 215.203, ORS 215.243, ORS 215.283, ORS 215.700 - 215.710, ORS 215.780, ORS 197.230 & ORS 197.015 History: LCDD 6-2025, amend filed 11/10/2025, effective 01/01/2026 LCDD 14-2024, amend filed 12/19/2024, effective 01/01/2025 LCDD 13-2020, amend filed 08/01/2020, effective 08/01/2020 LCDD 10-2020, amend filed 06/22/2020, effective 07/03/2020 LCDD 3-2020, amend filed 03/03/2020, effective 03/03/2020 LCDD 2-2018, amend filed 02/23/2018, effective 02/27/2018 LCDD 8-2016, f. & cert. ef. 8-26-16 LCDD 3-2016, f. & cert. ef. 2-10-16 LCDD 2-2015, f. & cert. ef. 4-9-15 LCDD 2-2014, f. & cert. ef. 10-14-14 LCDD 6-2013, f. 12-20-13, cert. ef. 1-1-14 LCDD 7-2012, f. & cert. ef. 2-14-12 LCDD 9-2011, f. & cert. ef. 11-23-11 LCDD 4-2011, f. & cert. ef. 3-16-11 LCDD 6-2010, f. & cert. ef. 6-17-10 LCDD 5-2009, f. & cert. ef. 12-7-09 LCDD 5-2008, f. 12-31-08, cert. ef. 1-2-09 LCDD 3-2008, f. & cert. ef. 4-18-08 LCDD 2-2006, f. & cert. ef. 2-15-06 LCDD 1-2004, f. & cert. ef. 4-30-04 LCDD 1-2002, f. & cert. ef. 5-22-02 LCDD 2-1998, f. & cert. ef. 6-1-98 LCDC 5-1996, f. & cert. ef. 12-23-96 LCDC 7-1995, f. & cert. ef. 6-16-95 LCDC 2-1995(Temp), f. & cert. ef. 3-14-95 LCDC 6-1994, f. & cert. ef. 6-3-94 LCDC 3-1994, f. & cert. ef. 3-1-94 LCDC 6-1992, f. 12-10-92, cert. ef. 8-7-93
660-033-0140 Permit Expiration Dates (1) Except as provided for in section (5) of this rule, a discretionary decision, except for a land division, made after the effective date of this division approving a proposed development on agricultural or forest land outside an urban growth boundary under ORS 215.010 to 215.293 and 215.317 to 215.438 or under county legislation or regulation adopted pursuant thereto is void two years from the date of the final decision if the development action is not initiated in that period. (2) A county may grant one extension period of up to 12 months if: (a) An applicant makes a written request for an extension of the development approval period; (b) The request is submitted to the county prior to the expiration of the approval period; (c) The applicant states reasons that prevented the applicant from beginning or continuing development within the approval period; and (d) The county determines that the applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible. (3) Approval of an extension granted under this rule is an administrative decision, is not a land use decision as described in ORS 197.015 and is not subject to appeal as a land use decision. (4) Except for “residential development” as defined in section (6), additional one-year extensions may be authorized where applicable criteria for the decision have not changed. (5)(a) If a permit is approved for a proposed residential development on agricultural or forest land outside of an urban growth boundary, the permit shall be valid for four years. (b) An extension of a permit described in subsection (5)(a) of this rule is valid for two years. A county may approve no more than five additional one-year extensions of a permit if: (A) The applicant makes a written request for the additional extension prior to the expiration of the extension; (B) The applicable residential development statute has not been amended following the approval of the permit, except the amendments to ORS 215.750 by Oregon Laws 2019, chapter 433, section 1; and (C) An applicable rule or land use regulation has not been amended following the issuance of the permit, unless allowed by the county, which may require that the applicant comply with the amended rule or land use regulation. (6) As used in section (5) of this rule, "residential development" only includes the dwellings provided for under ORS 215.213(3) and (4), 215.284, 215.317, 215.705(1) to (3), 215.720, 215.740, 215.750 and 215.755 (1) and (3). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.015, ORS 197.040, ORS 197.230 & ORS 197.245 History: LCDD 8-2020, amend filed 06/22/2020, effective 07/03/2020 LCDD 6-2013, f. 12-20-13, cert. ef. 1-1-14 LCDD 4-2011, f. & cert. ef. 3-16-11 LCDD 1-2002, f. & cert. ef. 5-22-02 LCDC 6-1992, f. 12-10-92, cert. ef. 8-7-93
660-033-0145 Agriculture/Forest Zones (1) Agriculture/forest zones may be established and uses allowed pursuant to OAR 660-006-0050; (2) Land divisions in agriculture/forest zones may be allowed as provided for under OAR 660-006-0055; and (3) Land may be replanned or rezoned to an agriculture/forest zone pursuant to OAR 660-006-0057.; and (4) A county in eastern Oregon shall apply either OAR chapter 660, division 6 or 33 standards for siting a photovoltaic solar power generation facility in an agriculture/forest zone based on the predominant use of the tract on January 1, 2024. Statutory/Other Authority: ORS 183, ORS 197.040, ORS 197.230 & ORS 197.245 Statutes/Other Implemented: ORS 197.040, ORS 197.213, ORS 197.215, ORS 197.230, ORS 197.245, ORS 197.283, ORS 197.700, ORS 197.705, ORS 197.720, ORS 197.740, ORS 197.750 & ORS 197.780 History: LCDD 6-2025, amend filed 11/10/2025, effective 01/01/2026 LCDD 4-2011, f. & cert. ef. 3-16-11 LCDD 2-1998, f. & cert. ef. 6-1-98
660-033-0160 Effective Date The provisions of this division shall become effective upon filing. Statutory/Other Authority: 197.040, 197.230 & 197.245 Statutes/Other Implemented: ORS 215 History: LCDC 5-1996, f. & cert. ef. 12-23-96 LCDC 3-1994, f. & cert. ef. 3-1-94 LCDC 6-1992, f. 12-10-92, cert. ef. 8-7-93
660-034-0000 Purpose (1) The purpose of this division is to establish policies and procedures for the planning and zoning of state and local parks in order to address the recreational needs of the citizens of the state. This division is intended to interpret and carry out requirements of Statewide Planning Goal 8 and ORS 195.120 to 195.125. (2) In general, this division directs local government planning and zoning activities regarding state and local park master plans. OAR chapter 736, division 18, directs the Oregon Parks and Recreation Department (OPRD) with respect to state park master planning, and does not apply to local governments except where specified by this division. Statutory/Other Authority: ORS 195.120 & 197.040 Statutes/Other Implemented: ORS 195.120 - 195.125 History: LCDD 3-2006, f. & cert. ef. 4-14-06 LCDD 3-2004, f. & cert. ef. 5-7-04 LCDD 3-1998, f. & cert. ef. 7-15-98
660-034-0015 State Park Master Plans and Allowable Uses (1) OPRD adopts state park master plans as administrative rules pursuant to OAR chapter 736, division 18 and ORS 390.180. In order to facilitate the implementation of state park master plans through local government land use plans, this division provides procedures and criteria for park master planning and coordination. (2) Each state park master plan shall describe, through maps and text as appropriate, the type, size and location of all land uses intended to occur in the park. Uses listed in ORS 195.120(3) and any other uses determined by OPRD may be authorized in a state park master plan provided all aspects of such uses comply with statewide planning goals, ORS 215.296, 390.180, and OAR 736-018-0020 on July 15, 1998, and all other applicable laws. State park master plans shall include findings of compliance with statewide planning goals and ORS 215.296. (3) Except where the context specifies otherwise, the requirements in this division do not apply to state park master plans adopted as state rules prior to July 15, 1998. However, the requirements in this division do apply to amendments to such master plans when the amendments are adopted after July 15, 1998. Statutory/Other Authority: ORS 195.120 & 197.040 Statutes/Other Implemented: ORS 195.120 - 195.125 History: LCDD 3-2006, f. & cert. ef. 4-14-06 LCDD 3-1998, f. & cert. ef. 7-15-98
660-034-0025 Dispute Resolution (1) If a local government objects to a proposed state park master plan, as described in OAR 660-034-0020(4) to 660-034-0020(6), OPRD shall attempt to resolve the objections during the 60 day delay period specified in OAR 660-034-0020(5), either through informal discussions with the local government or through formal mediation. (2) OPRD or the local government may request mediation through the Oregon Consensus Program in order to resolve a disagreement about uses in a preliminary draft state park master plan. Such mediation shall be conducted according to the provisions of ORS 183.502. (3) If OPRD and the local government engage in mediation pursuant to OAR 660-034-0025(2), and if this mediation does not result in timely resolution of the objection, either OPRD or the local government may request a nonbinding determination by the Land Conservation and Development Commission (LCDC). This determination shall be limited to issues involving the compliance of OPRD's proposed state park master plan with the statewide goals or related statutes or rules. Such a request shall be submitted by the end of the 60-day delay period specified in OAR 660-034-0020(5), or within 15 days following a withdrawal by either party from the mediation proceedings described under section (2) of this rule, whichever occurs last. LCDC may either agree or not agree to consider a request to issue a nonbinding determination regarding the dispute. Statutory/Other Authority: ORS 195.120 & 197.040 Statutes/Other Implemented: ORS 195.120 - 195.125 History: LCDD 3-2006, f. & cert. ef. 4-14-06 LCDD 3-1998, f. & cert. ef. 7-15-98
660-034-0040 Planning for Local Parks (1) Local park providers may prepare local park master plans, and local governments may amend acknowledged comprehensive plans and zoning ordinances pursuant to the requirements and procedures of ORS 197.610 to 197.625 in order to implement such local park plans. Local governments are not required to adopt a local park master plan in order to approve a land use decision allowing parks or park uses on agricultural lands under provisions of ORS 215.213 or 215.283 or on forestlands under provisions of OAR 660-006-0025(4), as further addressed in sections (3) and (4) of this rule. If a local government decides to adopt a local park plan as part of the local comprehensive plan, the adoption shall include: (a) A plan map designation, as necessary, to indicate the location and boundaries of the local park; and (b) Appropriate zoning categories and map designations (a “local park” zone or overlay zone is recommended), including objective land use and siting review criteria, in order to authorize the existing and planned park uses described in local park master plan. (2) Unless the context requires otherwise, this rule does not require changes to: (a) Local park plans that were adopted as part of an acknowledged local land use plan prior to July 15, 1998; or (b) Lawful uses in existence within local parks on July 15, 1998. (3) All uses allowed under Statewide Planning Goal 3 are allowed on agricultural land within a local park and all uses allowed under Statewide Planning Goal 4 are allowed on forest land within a local park, in accordance with applicable laws, statewide goals, and rules. (4) Although some of the uses listed in OAR 660-034-0035(2)(a) to (g) are not allowed on agricultural or forest land without an exception to Goal 3 or Goal 4, a local government is not required to take an exception to Goals 3 or 4 to allow such uses on land within a local park provided such uses, alone or in combination, meet all other statewide goals and are described and authorized in a local park master plan that: (a) Is adopted as part of the local comprehensive plan in conformance with Section (1) of this rule and consistent with all statewide goals; (b) Is prepared and adopted applying criteria comparable to those required for uses in state parks under OAR chapter 736, division 18; and (c) Includes findings demonstrating compliance with ORS 215.296 for all uses and activities proposed on or adjacent to land zoned for farm or forest use. Statutory/Other Authority: ORS 195.120 & 197.040 Statutes/Other Implemented: ORS 195.120 - 195.125 History: LCDD 3-2006, f. & cert. ef. 4-14-06 LCDD 3-2004, f. & cert. ef. 5-7-04 LCDD 3-1998, f. & cert. ef. 7-15-98
660-035-0000 Purpose This division establishes state procedures for implementing the federal consistency requirements of the federal Coastal Zone Management Act of 1972 (CZMA), as amended, section 307(c). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 196.435 History: LCDD 8-2012, f. & cert. ef. 6-15-12 LCDC 7-1988, f. & cert. ef. 9-29-88
660-035-0005 Conformance with Federal Consistency Review Rules The CZMA provides a federal consistency requirement that allows states with an approved coastal management program to review federal actions affecting coastal uses or resources. Pursuant to ORS 196.435, the Department of Land Conservation and Development is Oregon’s designated coastal zone management agency and administers federal consistency reviews. In administering federal consistency reviews, the department will follow the federal requirements and procedures provided in 15 CFR Part 930. All references to 15 CFR Part 930 in this division are to the version that existed on May 11, 2012. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 196.435 History: LCDD 8-2012, f. & cert. ef. 6-15-12
660-035-0010 Definitions As used in this division, the definitions at CZMA section 304, 15 CFR Part 930, ORS 196.405, and 197.015 apply, unless the context requires otherwise. Additionally, the following definitions apply: (1) “Coastal Zone,” as defined in CZMA §304(1) and 15 CFR §930.11(e), specifically means the area lying between the State of Oregon border with the State of Washington on the north, to the State of Oregon border with the State of California on the south, seaward to the extent of the state's jurisdiction as recognized by federal law, and inland to the crest of the Coast Range Mountains, excepting: (a) The Umpqua River basin, where the coastal zone extends to Scottsburg; (b) The Rogue River basin, where the coastal zone extends to Agness; (c) The Columbia River basin, where the coastal zone extends to the downstream end of Puget Island; and (d) Land the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers, or agents, which federal law excludes from the coastal zone. NOTE: A map depicting the boundaries of Oregon’s coastal zone, but not depicting the excluded federal lands, is available from the department and on the coastal program website. (2) "OCMP" means the Oregon Coastal Management Program described in ORS 196.425(1), which the federal Office of Ocean and Coastal Resource Management approved in 1977 and all federally approved amendments thereto. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 196.435 History: LCDD 8-2012, f. & cert. ef. 6-15-12 LCDC 7-1988, f. & cert. ef. 9-29-88
660-035-0015 Activities Subject to Review The following types of federal actions are subject to federal consistency review: (1) Proposed federal agency activities, including proposed federal development projects, which affect any coastal use or resource, pursuant to 15 CFR Part 930, Subpart C; (2) Activities that affect any coastal use or resource and that require one or more federal licenses or permits identified on the federally-approved OCMP license and permit list developed pursuant to 15 CFR §930.53, or unlisted licenses or permits the department identifies through the process set forth in 15 CFR §930.54, pursuant to 15 CFR Part 930, Subpart D; (3) Federal license or permit activities described in detail in outer continental shelf plans that affect any coastal use or resource, pursuant to 15 CFR Part 930, Subpart E; and (4) Federal assistance to state and local governments, including special purpose districts and related public entities, for activities that affect any coastal use or resource, pursuant to 15 CFR Part 930, Subpart F. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 196.435 History: LCDD 8-2012, f. & cert. ef. 6-15-12
660-035-0020 Federal Consistency in the OCMP (1) To initiate consistency review, the responsible party identified in 15 CFR Part 930 shall submit all required consistency determinations, consistency certifications, or applications for federal financial assistance to the department along with supporting information or necessary data and information required by 15 CFR Part 930 and, for 15 CFR Part 930, Subparts D, E and F, as augmented by OAR 660-035-0030 through 660-035-0070. (2) The department will review activities for consistency with the federally-approved enforceable policies of the OCMP. The enforceable policies can be found generally within: (a) The statewide planning goals; (b) The applicable acknowledged city or county comprehensive plan and implementing land use regulations; and (c) Selected state agency statutory and regulatory authorities governing any coastal use or resource. (3) A person may contact the department for a list of federally-approved enforceable policies. Statutory/Other Authority: 197.040 Statutes/Other Implemented: ORS 196.435 History: LCDD 8-2012, f. & cert. ef. 6-15-12 LCDC 7-1988, f. & cert. ef. 9-29-88
660-035-0030 Consistency for Federal Agency Activities (1) When reviewing a federal agency activity or development project for consistency to the maximum extent practicable with the enforceable policies of the OCMP, the department shall conform to the requirements and procedures provided in 15 CFR Part 930, Subpart C. (2) For review of a consistency determination submitted by a federal agency for a federal agency activity or federal development project, the federal agency must submit to the department the information described in 15 CFR §930.39(a). (a) Although 15 CFR §930.37 limits state authority to require National Environmental Policy Act (NEPA) documents for federal consistency review purposes, a federal agency may mutually agree with the department to rely on information contained in NEPA documents or other project documents to provide some of the comprehensive data and information sufficient to support the federal agency’s consistency statement under 15 CFR §930.39(a). (b) A federal agency may elect to rely on information contained in NEPA documents or other project documents to demonstrate consistency to the maximum extent practicable with the enforceable policies of the OCMP. If relying on NEPA documents or other project documentation, the federal agency must clearly demonstrate how the materials support a finding of consistency with OCMP enforceable policies. (3) The department shall provide for public participation consistent with the provisions of 15 CFR §930.42. The department will: (a) Maintain a mailing list of interested parties; (b) Notify interested parties when the department is reviewing federal agency activities or development projects for consistency with the OCMP; and (c) Solicit comments that address the consistency of the proposed federal activity or development project with applicable elements of the OCMP. (4) Evidence supporting consistency for a federal agency activity or development project: Federal agencies are not required to file applications for state and local permits and other authorizations unless required to do so by provisions of federal law other than the CZMA. However, federal agencies are required to demonstrate that the proposed activity is consistent to the maximum extent practicable with the applicable state and local enforceable policies underlying the permits. While federal agencies are not required to apply for state and local permits and other authorizations otherwise required by enforceable policies, where federal law authorizes a federal agency to do so the department will consider such applications when determining whether the federal activity or development project is consistent with the enforceable policies underlying the permit or authorization. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 196.435 History: LCDD 8-2012, f. & cert. ef. 6-15-12 LCDC 7-1988, f. & cert. ef. 9-29-88