justicedao/ipfs_state_laws huggingface dataset:
350-082-0580 Buffer Zones (1) Many standards in this land use ordinance contain requirements for buffer zones for specific development and land uses and to protect scenic, cultural, natural, and recreation resources and agricultural and forest uses and land that are not listed in 350-082-0580. (2) Agricultural Buffer Zones in the GMA (a) All new buildings in the GMA shall comply with the setbacks in 350-082-0580 Table 1 - Setback Guidelines when proposed to be located on a parcel adjacent to lands that are designated Large-Scale Agriculture or Small-Scale Agriculture and are currently used for agricultural use. (b) New buildings adjacent to lands designated Large-Scale Agriculture or Small-Scale Agriculture that are suitable, but currently not used for agriculture, shall use the open or fenced setback associated with the dominant type of agriculture in the vicinity. If a vegetation barrier, eight-foot berm, or terrain barrier exists, the corresponding setback shall apply. If more than one type of agriculture is dominant, the setback shall be the larger width. (c) Earth berms may be used to satisfy, in part, the setback guidelines. The berm shall be a minimum of eight feet in height and contoured at 3:1 slopes to look natural. Shrubs, trees, or grasses shall be employed on the berm to control erosion and achieve a finished height of 15 feet. (d) The planting of a continuous vegetative screen may be used to satisfy, in part, the setback guidelines. Trees shall be at least six feet high when planted and reach an ultimate height of at least 15 feet. The vegetation screen shall be planted along the appropriate parcel line(s) and shall be continuous. (e) The necessary berm or planting shall be completed during the first phase of development and maintained in good condition. (f) If several crops or crop rotation is involved in the adjacent operation, the greater setback shall apply. (g) The Executive Director may grant a variance to the buffer guidelines upon a demonstration that the variance guidelines in 350-082-0590 have been satisfied. (3) Buffers from Existing Recreation Sites. If new buildings or structures may detract from the use and enjoyment of established recreation sites, an appropriate buffer shall be established between the building or structure and the parcel. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l) Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
350-082-0680 GMA and SMA Practicable Alternative Test for Natural Resource Review Guidelines (1) An alternative site for a proposed use shall be considered practicable if it is available and the proposed use can be undertaken on that site after taking into consideration cost, technology, logistics, and overall project purposes. (2) A practicable alternative does not exist if a project applicant satisfactorily demonstrates all of the following: (a) The basic purpose of the use cannot be reasonably accomplished using one or more other sites in the vicinity that would avoid or result in less adverse effects on water resources, wildlife areas and sites, or plant areas and sites. (b) The basic purpose of the use cannot be accomplished by reducing its proposed size, scope, configuration, or density, or by changing the design of the use in a way that would avoid or result in less adverse effects on water resources, wildlife areas and sites, or plant areas and sites. (c) Reasonable attempts were made to remove or accommodate constraints that caused a project applicant to reject alternatives to the proposed use. Such constraints include inadequate infrastructure, parcel size, and land use designations. If a land use designation or recreation intensity class is a constraint, an applicant must request a Management Plan amendment to demonstrate that practicable alternatives do not exist. Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l) Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
350-082-0690 GMA and SMA Natural Resources Tables Tables 1 and 2 in 350-082-0690 apply to general and special management area guidelines as specified in this land use ordinance. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l) Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
350-120-0000 Purpose This division specifies the process of the Columbia River Gorge Commission (Commission) to certify activities undertaken under a National Scenic Area economic development grant and/or loan are consistent with the purposes of the Scenic Area Act, the management plan, and land use ordinances adopted pursuant to the Act. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 3-1994, f. 10-3-94, cert. ef. 10-31-94 CRGC 1-1994(Temp), f. & cert. ef. 5-4-94
350-120-0010 Authority Section 11(c)(1) of the Scenic Area Act requires the Commission to certify all activities undertaken under a National Scenic Area economic development grant and/or loan are consistent with the purposes of the Act, the management plan, and land use ordinances adopted pursuant to the Act. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2004, f. 2-24-04, cert. ef. 4-1-04 CRGC 3-1994, f. 10-3-94, cert. ef. 10-31-94 CRGC 1-1994(Temp), f. & cert. ef. 5-4-94
350-120-0015 Definitions For the purpose of this rule, the following definitions apply: (1) "Activity" refers to the specific proposed action for which the grant or loan is being sought. (2) "Project" refers to the ultimate business enterprise, development, and/or land use for which the activity supports or is a component part. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544i History: CRGC 1-2004, f. 2-24-04, cert. ef. 4-1-04
350-120-0020 Application for Certification (1) The applicant shall submit one complete application to the Executive Director of the Commission. (2) A complete application shall include: (a) One complete copy of the application materials required by the state agency administering the grant or loan program, excluding confidential financial information; (b) If the proposed project will be located entirely or partially within the general management area or special management area one complete copy of a Scenic Area land use ordinance development review decision, issued by the applicable county planning director, approving the proposed project as consistent with the ordinance requirements, or a copy of a letter from the applicable county planning director stating why the proposed project does not require review under the county's Scenic Area land use ordinance; (c) One completed application for certification form, available from the Gorge Commission and/or the state agencies administering the grant or loan program. The form shall include the following information: (A) Applicant's name and business address; (B) Description of proposed project and activity for which a Scenic Area grant or loan is sought; (C) legal description and map of the specific location of proposed project; if project has multiple or regional locations, these should be identified; (D) Description of the existing use of the property or properties on which the project will be located and/or used; (E) A statement setting forth any local, state or federal permits required and a report on their status; and (F) Signature of applicant and property owner if, different from applicant. (d) One copy of each of any state and federal environmental permits that have been issued for the proposed project. If permits have not been received, copies of permit applications shall be submitted instead. (3) The Director shall review the application and determine if it is complete. If it is not complete, the applicant is required to submit the additional information requested by the Director. Once the Director determines the application is complete, the process of staff analysis shall begin. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2004, f. 2-24-04, cert. ef. 4-1-04 CRGC 3-1994, f. 10-3-94, cert. ef. 10-31-94 CRGC 1-1994(Temp), f. & cert. ef. 5-4-94
350-120-0050 Expedited Certification. (1) In making a decision to certify a proposed grant or loan the Director shall: (a) Consult with the applicant and such agencies as the Director deems appropriate, and (b) Consider information submitted by the applicant and all other relevant information available. (2) The Director shall approve a grant or loan for certification only if it is consistent with the purposes of the Act, the management plan, and land use ordinances adopted pursuant to the Act, and the following criteria: (a) The project and activity shall be consistent with the economic development policies in the Management Plan; (b) The project and activity shall be consistent with the Economic Development Plans for Oregon and Washington as amended from time to time by the states consistent with Section 11 (a) of the Scenic Area Act; (c) The project shall not involve relocation of a business from one National Scenic Area community to another; (d) The activity shall not involve program administration; and (e) The project shall occur only in counties that have in effect land use ordinances found consistent by the Commission and concurred on by the Secretary. (3) Within 14 days of acceptance of the application as complete, the Director shall issue a decision along with findings of fact and conclusions of law setting forth the basis for the decision. (4) The Director shall mail a copy of the decision to the applicant, the Forest Service, the States of Oregon and Washington, the Indian Tribes with treaty rights in the Scenic Area, the planning director of the applicable county or city, and any person who requests a copy of the decision. (5) The Director shall periodically report to the Commission about certifications approved and denied. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 1-2004, f. 2-24-04, cert. ef. 4-1-04
407-001-0000 Model Rules of Procedure The Department of Human Services (Department) adopts the Attorney General Model Rules applicable to rulemaking, effective on January 1, 2012, with the exception of 137-001-0080. NOTE: The Department of Human Services will adhere to the Procedural Rules in this chapter unless otherwise specifically stated. [ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or the Department of Human Services.] Statutory/Other Authority: ORS 183.341 & 409.050 Statutes/Other Implemented: ORS 183.341 & 409.050 History: DHSD 5-2012, f. 10-31-12, cert ef. 11-1-12 DHSD 9-2008, f. & cert. ef. 12-5-08 DHSD 3-2006, f. 5-11-06, cert. ef. 6-1-06
407-001-0010 Delegation of Rulemaking Authority Any officer or employee of the Department of Human Services who is identified on a completed Delegation of Authority form signed by the Director or Deputy Director of the Department and filed with the Secretary of State, Administrative Rules Unit, is vested with the authority to adopt, amend, repeal, or suspend administrative rules as provided on that form until such delegation is revoked by the Director or Deputy Director of the Department, or the person leaves employment with the Department. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 183.325, 409.050, 409.120 & 409.130 History: DHSD 9-2008, f. & cert. ef. 12-5-08 DHSD 3-2006, f. 5-11-06, cert. ef. 6-1-06
407-003-0000 Definitions The following definitions apply to Oregon Administrative Rule 407-003-0010 unless otherwise indicated: (1) “Department” refers to the Oregon Department of Human Services. (2) “Designee” refers to any officer or employee of the Department, appointed by the Director to respond to requests for reduction or waiver of fees for public records of the Department. (3) “Director” refers to the Director of the Department. (4) “Person” includes any natural person, corporation, partnership, firm, or association. (5) “Photocopy(ing)” includes a photograph, microphotograph and any other reproduction on paper or film in any scale, or the process of reproducing, in the form of a photocopy, a public record. (6) “Public record” includes any writing that contains information relating to the conduct of the public’s business that is prepared, owned, used or retained by the Department regardless of physical form or characteristics. (7) “Requestor” refers to a person requesting inspection, copies, or other reproduction of a public record of the Department. (8) “Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. It includes information stored on computer tape, microfiche, photographs, films, tape or videotape or that is maintained in a machine readable or electronic form. Statutory/Other Authority: ORS 192.430 & 409.050 Statutes/Other Implemented: ORS192.430, 192.440 & 409.010 History: DHSD 2-2007, f. & cert. ef. 2-15-07
407-005-0000 Purpose These rules (407-005-0000 through 407-005-0030) establish a Department policy of non-discrimination on the basis of disability in accordance with the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: DHSD 1-2006, f. & cert. ef. 3-1-06
407-005-0015 Illegal Drug Use (1) The ADA and section 504 protects qualified individuals with a disability, including certain individuals with substance use disorder, but does not provide protections against discrimination for individuals currently engaged in the illegal use of drugs. (a) Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. (b) Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem. (2) The Department shall not discriminate on the basis of illegal use of drugs against an individual who is not engaging in current illegal use of drugs and who: (a) Has successfully completed a supervised drug rehabilitation program or has otherwise been rehabilitated successfully; (b) Is participating in a supervised rehabilitation program; or (c) Is erroneously regarded as engaging in such use. (3) The Department shall not deny health services, vocational rehabilitation services, or services provided in connection with drug rehabilitation, to an individual on the basis of that individual's current illegal use of drugs, if the individual is otherwise entitled to such services. (4) A drug rehabilitation or treatment program may deny participation to individuals who engage in illegal use of drugs while they are in the program. (5) The Department may adopt reasonable rules or policies related to drug testing that are designed to ensure that an individual who formerly engaged in the illegal use of drugs is not now engaging in the current illegal use of drugs. Statutory/Other Authority: ORS 409.050, 28 C.F.R. § 35.131, 42 U.SC § 12210(b) and (d), 45 CFR§ 84.69 & 28 CFR 􀀀 35.131 Statutes/Other Implemented: ORS 409.050, ADA Subchapter II, 42 USC §§ 12131 - 12134 & Section 504 of the Rehabilitation Act, 29 USC § 794 History: DHS 1-2025, amend filed 03/31/2025, effective 04/01/2025 DHS 7-2022, amend filed 04/04/2022, effective 04/04/2022 DHS 21-2021, temporary amend filed 10/07/2021, effective 10/07/2021 through 04/04/2022 DHSD 1-2006, f. & cert. ef. 3-1-06
407-005-0017 Service Animals in Oregon Department of Human Services Buildings (1) The Oregon Department of Human Services (ODHS) shall make reasonable modifications to its policies, practices, and procedures to permit the use of service animals by individuals with a disability. (2) Under the ADA, service animals are defined as dogs. In limited circumstances, miniature horses may serve as service animals. (See 28 CFR 35.136i for information on these circumstances.) Emotional support animals and companion animals do not qualify as service animals under Titles II or III of the ADA. (3) Service animals must be individually trained, or be in training, to do work or perform tasks for an individual with a disability. The work or task a service animal has been trained to provide must be directly related to a disability, including a physical, sensory, psychiatric, intellectual/developmental, or other mental disability. (4) ODHS must allow a service animal to accompany an individual with a disability in all areas of the facility where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go. (5) Under the ADA, a service animal must be under the control of the service animal's handler. A service animal must be harnessed, leashed, or tethered, unless the individual’s disability prevents using these devices or these devices interfere with the service animal's safe, effective performance of tasks. (6) ODHS may ask an individual with a disability to remove a service animal from the premises if: (a) The animal is out of control and the animal's handler does not take effective action to control it; or (b) The animal is not housebroken. (c) If one or both of these situations occur, the handler may be asked to remove the service animal, but the individual with a disability must still be welcome to participate in the service or accommodation without the service animal. (7) When it is not obvious what service a service animal provides, staff may ask only two questions to determine whether an animal qualifies as a service animal. Staff may not require the individual with a disability to produce documentation such as proof that the animal has been certified, trained, or licensed as a service animal. (a) “Is the service animal required because of a disability?”; and (b) “What work or task has the service animal been trained to perform?” (8) Allergies and fear of dogs are not valid reasons for denying access or refusing service to individuals using service animals. (9) An individual with a disability who uses a service animal may not be isolated from or treated less favorably than other individuals, unless isolation is necessary to avoid significant risk to other individuals. (10) Staff are not required to provide care for or supervision of a service animal. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 409.050 & 28 C.F.R. § 35.136 History: DHS 7-2022, adopt filed 04/04/2022, effective 04/04/2022 DHS 21-2021, temporary adopt filed 10/07/2021, effective 10/07/2021 through 04/04/2022
407-005-0020 Reasonable Modifications (1) The Department will make Reasonable Modifications to policies, practices or procedures of a program, services or activity when the modifications are necessary to avoid discrimination based on disability unless the modification would fundamentally alter the nature of the program, service or activity or create an undue administrative or financial burden. (2) When providing program access to a qualified individual with a disability would cause a fundamental alteration of the program, service or activity or undue financial or administrative burden, the Department will, to the extent the benefit of the program, service or activity can be achieved, provide program access to the point at which the program becomes fundamentally altered or experiences an undue burden. (3) Alternate Format communication is considered to be within the scope of reasonable modifications. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: DHSD 1-2006, f. & cert. ef. 3-1-06
407-005-0025 Requesting a Reasonable Modification (1) To request a reasonable modification to a Department program, service or activity a client applicant, client or public member must submit to program staff a request for a reasonable modification to the applicable program. Requests may be made verbally or by completing the Request for Reasonable Modification form. (2) Upon receipt of a request for modification the Department will: (a) Determine whether additional documentation regarding the claimed disability is needed and request such documentation; (b) Within fifteen (15) working days of the request or the receipt of additional medical documentation, whichever is later, provide to the requestor notification of approval, approval with alternative modifications or denial of the request for reasonable modification. All denials and approvals with alternative modifications that were not requested will be clearly labeled a "Preliminary Notification Subject to Review." (c) Ensure that approved modifications occur within a reasonable time. (3) A "Reasonable Modification Team" means a two person team appointed by program managers that meet to evaluate a Request for Reasonable Modification decision that either denied the request or approved the request but with modifications other than those requested. (4) This process may include additional communication with the individual requesting the Reasonable Modifications. (5) Preliminary Notifications will automatically be reviewed by a Reasonable Modification Team that will notify the requestor of the final result of the review within fifteen (15) working days of the preliminary notification or within fifteen working days following receipt of medical or other supporting documentation requested by the Team, whichever is later. (6) An individual whose request for reasonable modification has been denied or approved with alternative modifications which the individual believes to be inadequate may file a Report of Discrimination with the Department within 60 days of the final result or file a complaint with the appropriate federal regulatory agency within 180 days of the final result. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: DHSD 1-2006, f. & cert. ef. 3-1-06