reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.314 - Notice of claim; evidence and argument; record on review; final determination.

(1) A public entity that receives a complete claim as described in ORS 195.312 shall provide notice of the claim at least 30 days before a public hearing on the claim or, if there will not be a public hearing, at least 30 days before the deadline for submission of written comments, to:
(a) All owners identified in the claim;
(b) All persons described in ORS 197.797 (2);
(c) The Department of Land Conservation and Development, unless the claim was filed with the department;
(d) Metro, if the property is located within the urban growth boundary of Metro;
(e) The county in which the property is located, unless the claim was filed with the county; and
(f) The city, if the property is located within the urban growth boundary or adopted urban planning area of the city.
(2) The notice required under subsection (1) of this section must describe the claim and state:
(a) Whether a public hearing will be held on the claim, the date, time and location of the hearing, if any, and the final date for submission of written evidence and arguments relating to the claim;
(b) That judicial review of the final determination of a public entity on the claim is limited to the written evidence and arguments submitted to the public entity; and
(c) That judicial review is available only for issues that are raised with sufficient specificity to afford the public entity an opportunity to respond.
(3) Except as provided in subsection (4) of this section, written evidence and arguments in proceedings on the claim must be submitted to the public entity not later than:
(a) The close of the final public hearing on the claim; or
(b) If a public hearing is not held, the date that is specified by the public entity in the notice required under subsection (1) of this section.
(4) The claimant may request additional time to submit written evidence and arguments in response to testimony or submittals. The request must be made before the close of testimony or the deadline for submission of written evidence and arguments.
(5) A public entity shall make the record on review of a claim, including any staff reports, available to the public before the close of the record as described in subsections (3) and (4) of this section.
(6) A public entity shall mail a copy of the final determination to the claimant and to any person who submitted written evidence or arguments before the close of the record. The public entity shall forward to the county, and the county shall record, a memorandum of the final determination in the deed records of the county in which the property is located. [2007 c.424 §14]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.316 - Notice of Measure 37 permit.

In addition to any other notice required by law, a county must give notice of a Measure 37 permit for property located entirely outside an urban growth boundary to:
(1) The county assessor for the county in which the property is located;
(2) A district or municipality that supplies water for domestic, municipal or irrigation uses and has a place of use or well located within one-half mile of the property; and
(3) The Department of Land Conservation and Development, the State Department of Agriculture, the Water Resources Department and the State Forestry Department. [2007 c.424 §15]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.318 - Judicial review.

(1) A person that is adversely affected by a final determination of a public entity under ORS 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, may obtain judicial review of that determination under ORS 34.010 to 34.100, if the determination is made by Metro, a city or a county, or under ORS 183.484, if the determination is one of a state agency. Proceedings for review of a state agency determination under ORS 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, must be commenced in the county in which the affected property is located. Upon motion of any party to the proceedings, the proceedings may be transferred to any other county with jurisdiction under ORS 183.484 in the manner provided by law for change of venue. A determination by a public entity under ORS 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is not a land use decision.
(2) A person is adversely affected under subsection (1) of this section if the person:
(a) Is an owner of the property that is the subject of the final determination; or
(b) Is a person who timely submitted written evidence, arguments or comments to a public entity concerning the determination.
(3) Notwithstanding subsection (1) of this section, judicial review of a final determination under ORS 195.305 or 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is:
(a) Limited to the evidence in the record of the public entity at the time of its final determination.
(b) Available only for issues that are raised before the public entity with sufficient specificity to afford the public entity an opportunity to respond. [2007 c.424 §16]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.320 - Ombudsman.

(1) The Governor shall appoint an individual to serve, at the pleasure of the Governor, as the Compensation and Conservation Ombudsman.
(2) The ombudsman must be an individual of recognized judgment, objectivity and integrity who is qualified by training and experience to:
(a) Analyze problems of land use planning, real property law and real property valuation; and
(b) Facilitate resolution of complex disputes. [2007 c.424 §17]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.322 - Duties of ombudsman.

(1) For the purpose of helping to ensure that a claim is complete, as described in ORS 195.312, the Compensation and Conservation Ombudsman may review a proposed claim if the review is requested by a claimant that intends to file a claim under ORS 195.305 and 195.310 to 195.314.
(2) At the request of the claimant or the public entity reviewing a claim, the ombudsman may facilitate resolution of issues involving a claim under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010. [2007 c.424 §18]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.324 - Effect of certain applications or petitions on right to relief.

(1) If an owner submits an application for a comprehensive plan or zoning amendment, or submits an application for an amendment to the Metro urban growth boundary, and Metro, a city or a county approves the amendment, the owner is not entitled to relief under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, with respect to a land use regulation enacted before the date the application was filed.
(2) If an owner files a petition to initiate annexation to a city and the city or boundary commission approves the petition, the owner is not entitled to relief under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, with respect to a land use regulation enacted before the date the petition was filed. [2007 c.424 §19]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.326 - Qualification of appraisers; review of appraisals.

An appraiser certified under ORS 674.310 or registered under ORS 308.010 may carry out the appraisals required by ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010. The Department of Land Conservation and Development is authorized to retain persons to review the appraisals. [2007 c.424 §20; 2017 c.44 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.328 - Acquisition date of claimant.

(1) Except as provided in this section, a claimant’s acquisition date is the date the claimant became the owner of the property as shown in the deed records of the county in which the property is located. If there is more than one claimant for the same property under the same claim and the claimants have different acquisition dates, the acquisition date is the earliest of those dates.
(2) If the claimant is the surviving spouse of a person who was an owner of the property in fee title, the claimant’s acquisition date is the date the claimant was married to the deceased spouse or the date the spouse acquired the property, whichever is later. A claimant or a surviving spouse may disclaim the relief provided under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, by using the procedure provided in ORS 105.623 to 105.649.
(3) If a claimant conveyed the property to another person and reacquired the property, whether by foreclosure or otherwise, the claimant’s acquisition date is:
(a) Unaffected by the conveyance if the claimant reacquired the property within 10 days after the conveyance; or
(b) The date the claimant reacquired ownership of the property if the claimant reacquired the property more than 10 days after the claimant conveyed the property.
(4) A default judgment entered after December 2, 2004, does not alter a claimant’s acquisition date unless the claimant’s acquisition date is after December 2, 2004. [2007 c.424 §21; 2011 c.612 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.330 - Filing date of documents.

For the purposes of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, a document is filed on the date the document is received by the public entity. [2007 c.424 §21a]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.332 - Fair market value of property.

For the purposes of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, the fair market value of property is the amount of money, in cash, that the property would bring if the property was offered for sale by a person who desires to sell the property but is not obligated to sell the property, and if the property was bought by a person who was willing to buy the property but not obligated to buy the property. The fair market value is the actual value of property, with all of the property’s adaptations to general and special purposes. The fair market value of property does not include any prospective value, speculative value or possible value based upon future expenditures and improvements. [2007 c.424 §21b]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.334 - Effect of invalidity.

If any part of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is held to be unconstitutional or otherwise invalid, all remaining parts of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, shall not be affected by the holding and shall remain in full force and effect. [2007 c.424 §21c]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.500 - Policy for removal of homeless individuals camping on public property.

All municipalities and counties shall:
(1) Develop a policy that recognizes the social nature of the problem of homeless individuals camping on public property.
(2) Implement the policy as developed, to ensure the most humane treatment for removal of homeless individuals from camping sites on public property. [Formerly 203.077]
Note:
195.500 to 195.510 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.510 - Sites not subject to ORS 195.500 to 195.510.

As used in ORS 195.500 to 195.510, "camping site" does not include:
(1) Public property that is a day use recreational area.
(2) Public property that is a designated campground and occupied by an individual under an agreement with a municipality or county. [Formerly 203.081]
Note:
See note under 195.500.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.520 - Camping by individuals living in vehicles.

(1) Any political subdivision may allow any public or private entity to allow overnight camping by homeless individuals living in vehicles on the property of the entity.
(2) A political subdivision may impose reasonable conditions upon offering camping space under this section, including establishing a maximum number of vehicles allowed.
(3) Entities providing camping spaces under this section must also provide access to sanitary facilities, including toilet, handwashing and trash disposal facilities. [Formerly 203.082]
Note:
195.520 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.530 - Noncamping use of public property by homeless individuals; attorney fees.

(1) As used in this section:
(a) "City or county law" does not include policies developed pursuant to ORS 195.500 or 195.505.
(b)(A) "Keeping warm and dry" means using measures necessary for an individual to survive outdoors given the environmental conditions.
(B) "Keeping warm and dry" does not include using any measure that involves fire or flame.
(c) "Public property" has the meaning given that term in ORS 131.705.
(2) Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.
(3) It is an affirmative defense to a charge of violating a city or county law described in subsection (2) of this section that the law is not objectively reasonable.
(4) A person experiencing homelessness may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of a city or county law described in subsection (2) of this section. The action must be brought in the circuit court of the county that enacted the law or of the county in which the city that enacted the law is located.
(5) For purposes of subsections (2) and (3) of this section, reasonableness shall be determined based on the totality of the circumstances, including, but not limited to, the impact of the law on persons experiencing homelessness.
(6) In any suit brought pursuant to subsection (4) of this section, the court, in its discretion, may award reasonable attorney fees to a prevailing plaintiff if the plaintiff:
(a) Was not seeking to vindicate an interest unique to the plaintiff; and
(b) At least 90 days before the action was filed, provided written notice to the governing body of the city or county that enacted the law being challenged of an intent to bring the action and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.
(7) Nothing in this section creates a private right of action for monetary damages for any person. [2021 c.370 §1]
Note:
195.530 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.850 - Reporting local government boundary changes to certain mass transit districts.

If changes in the urban growth boundary of a local government must be included in the boundaries of a mass transit district formed under ORS 267.107, the local government shall provide the mass transit district with a legal description of the urban growth boundary and changes to the urban growth boundary that consists of a series of courses in which the first course starts at a point of beginning and the final course ends at the point of beginning. [2001 c.138 §13b]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.870 - Battery-charged fence; preemption of local laws.

(1) As used in this section:
(a) "Alarm system" means any electrical, mechanical or electronic device or sensor used to prevent, detect or alert law enforcement or occupants of burglary, theft, or intrusion of a structure or a vehicle used as a commercial structure.
(b) "Battery-charged fence" means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by battery.
(c) "IEC standards" means the standards set by the International Electrotechnical Commission as most recently published on or before January 1, 2021.
(2) A battery-charged fence:
(a) Must use a battery that is not more than 12 volts of direct current;
(b) Must produce an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by IEC standards;
(c) Must be surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;
(d) May not be higher than the greater of 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall; and
(e) Must be marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: "WARNING: ELECTRIC FENCE."
(3) Except as required by state building code, a local government, as defined in ORS 197.015, may not adopt or enforce any ordinance, land use regulation or building code for property not zoned or used for residential use that:
(a) Prohibits the installation or use of a battery-charged fence.
(b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an alarm system or battery-charged fence.
(c) Requires a permit for the installation or use of a battery-charged fence that is additional to an alarm system permit issued by the local government. [2022 c.3 §1]
Note:
195.870 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.105 - Definitions for ORS 196.105 to 196.125.

As used in ORS 196.105 to 196.125:
(1) "Commission" means the Columbia River Gorge Commission established under section 5 of the Columbia River Gorge National Scenic Area Act, P.L. 99-663.
(2) "General management area" means the area within the scenic area that is not an urban area or special management area.
(3) "Management plan" means the management plan for the Columbia River Gorge National Scenic Area adopted by the commission.
(4) "Special management area" means any area identified as such in the Columbia River Gorge National Scenic Area Act.
(5) "Urban area" means the 13 towns or cities as identified in the Columbia River Gorge National Scenic Area Act. [1987 c.856 §1; 1993 c.317 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.107 - Legislative findings on management plan; effect of plan on land use decisions; decertification of plan.

(1) The Legislative Assembly, considering the recommendations of the Land Conservation and Development Commission, finds that the management plan adopted pursuant to the Columbia River Gorge National Scenic Area Act achieves on balance the purposes of the statewide planning goals adopted pursuant to ORS 197.230.
(2) Land use decisions subject to review under ORS 197.835 for compliance with the goals for those portions of Multnomah, Hood River and Wasco Counties within the Columbia River Gorge National Scenic Area, except land within urban area boundaries, are exempt from the requirements of ORS 197.610 to 197.625. This exemption becomes effective in a county when that county or the Columbia River Gorge Commission adopts and implements ordinances that are approved pursuant to sections 7(b) and 8(h) to 8(k) of the Columbia River Gorge National Scenic Area Act, P.L. 99-663.
(3) The Director of the Department of Land Conservation and Development may petition the Land Conservation and Development Commission to decertify the management plan at any time. If the Land Conservation and Development Commission receives a petition from the director, the Land Conservation and Development Commission shall decertify the management plan within 120 days, if it determines that any part of the management plan does not achieve on balance the purposes of the statewide planning goals adopted pursuant to ORS 197.230. [1993 c.317 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.109 - Effect of revision of urban area boundaries within scenic area on management plan.

If the urban area boundaries of the Columbia River Gorge National Scenic Area are revised to include land that was once within the general management area or the special management area, the management plan no longer applies to that land and the applicable provisions of ORS chapters 92, 195, 197, 197A, 215 and 227 and the rules, plans and ordinances adopted thereunder apply. [1993 c.317 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.110 - Land use regulation in Columbia River Gorge National Scenic Area.

(1) Notwithstanding any provision setting forth criteria or conditions for approval of a permit or requiring action by the county in ORS chapter 92, 195, 196, 197, 197A or 215 or in a local ordinance or charter, a county may deny any permit or otherwise refuse to take any action that is inconsistent with the purposes and standards as provided in sections 3 and 6(d) of the Columbia River Gorge National Scenic Area Act, P.L. 99-663, or the scenic area management plan adopted pursuant to the Columbia River Gorge National Scenic Area Act, P.L. 99-663. When taking action on a permit application, a county shall follow procedures consistent with the procedures set out in ORS 215.402 to 215.438 and shall comply with the time limitations set out in ORS 215.427. The authority of a county to deny a permit or otherwise take action under this section shall be in addition to and not in lieu of any other authority for denial that may be exercised by the county pursuant to the provisions of ORS chapters 195, 196, 197 and 197A. Any action of a county taken pursuant to this subsection shall be appealed to the Columbia River Gorge Commission as provided in section 15(a)(2) of the Columbia River Gorge National Scenic Area Act, P.L. 99-663.
(2) Notwithstanding any other provision of law, a state agency may not take action that must be reviewed for compatibility with an acknowledged comprehensive plan or land use regulation in the Columbia River Gorge National Scenic Area until the agency determines through written findings that the action is consistent with the purposes and standards as provided in sections 3 and 6(d) of the Columbia River Gorge National Scenic Area Act, P.L. 99-663, and the interim guidelines or the scenic area management plan.
(3) A state agency may seek any of the administrative or judicial remedies or participate in any proceeding provided by the Columbia River Gorge National Scenic Area Act, P.L. 99-663.
(4) The provisions of ORS 197.180 do not apply to the Columbia River Gorge Commission. [1987 c.856 §2; 2003 c.181 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.120 - Exercise of eminent domain; property value.

Notwithstanding any other provision of law, in any proceeding by a state agency or local government to acquire property within the Columbia River Gorge National Scenic Area, through the exercise of the power of eminent domain, the property value shall not be reduced because of any diminution in value resulting from the potential of the taking. [1987 c.856 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.125 - Buffer by regulation around Columbia River Gorge National Scenic Area prohibited.

(1) Notwithstanding any other provision of law, no state agency, special district or local government may exercise any regulatory power for the purpose of establishing a scenic buffer around the Columbia River Gorge National Scenic Area. Such regulatory powers include but are not limited to:
(a) Exercising the power of eminent domain;
(b) Establishing scenic easements; or
(c) Adopting ordinances or land use plans that prohibit or limit the use of land.
(2) As used in this section, "Columbia River Gorge National Scenic Area" means that area designated in the Columbia River Gorge National Scenic Area Act, P.L. 99-663. [1987 c.856 §7]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.155 - Authority for state officers and agencies to carry out duties under compact.

The Governor, the Columbia River Gorge Commission and all state agencies and counties are hereby directed and provided authority to carry out their respective functions and responsibilities in accordance with the compact executed under ORS 196.150 to 196.165 and the Columbia River Gorge National Scenic Area Act. [Formerly 390.505]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.160 - Membership on Columbia River Gorge Commission.

(1) Each member of the Columbia River Gorge Commission appointed by the Governor under ORS 196.150 shall be subject to Senate confirmation pursuant to section 4, Article III of the Oregon Constitution and shall serve at the pleasure of the Governor until the member’s term expires or until a disqualifying change in residence.
(2) A member shall serve a period of four years.
(3) Members of the commission appointed from Oregon are entitled to compensation and expenses as provided in ORS 292.495. [Formerly 390.510]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.165 - Status of commission employees for purposes of certain benefits.

(1) The Columbia River Gorge Commission established under ORS 196.150 may designate its employees as employees and the commission as an employer subject to the Oregon Public Employees Retirement System under ORS chapters 238 and 238A or as an employer and employees subject to a retirement system provided by the State of Washington under the laws of the State of Washington.
(2) The commission may designate its employees as employees eligible under benefit plans provided under ORS 243.105 to 243.285 or under benefit plans provided under the laws of the State of Washington. [Formerly 390.515; 1991 c.67 §46; 1997 c.222 §44; 2003 c.733 §51]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.175 - Pacific Ocean Resources Compact ratified.

(1) The Legislative Assembly of the State of Oregon hereby ratifies the Pacific Ocean Resources Compact as set forth in ORS 196.180. This compact shall take effect after two or more of the States of Alaska, California, Hawaii or Washington ratify the compact and consent is granted by Congress as required by section 10, Article I of the Constitution of the United States.
(2) In addition to the States of Alaska, California, Hawaii and Washington, the Province of British Columbia may become an associate party to the compact, without voting power. Upon request of the Province of British Columbia and approval of Congress, the Province of British Columbia may become a full party to this compact with the same rights and powers as the party states. [1991 c.617 §1]
Note:
196.175 to 196.185 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.185 - Representation on compact.

One member of the Senate appointed by the President of the Senate and one member of the House of Representatives appointed by the Speaker of the House of Representatives shall act as the representatives of the State of Oregon on the Pacific Ocean Resources Compact in accordance with the powers and duties set forth in the compact. [1991 c.617 §3]
Note:
See note under 196.175.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.200 - Definitions for ORS 196.200 to 196.240 and 196.993.

As used in ORS 196.200 to 196.240 and 196.993, "Willamette Falls Locks project" means:
(1) The project for navigation, Willamette Falls Locks, Willamette River, Oregon, authorized by the Act of June 25, 1910 (61 P.L. 264, 36 Stat. 630, 664, chapter 382);
(2) Any land in which the federal government had a property interest for the project described in subsection (1) of this section as of June 11, 2021; and
(3) Any improvements on the land described in subsection (2) of this section. [2021 c.229 §1]
Note:
196.200 to 196.240 and 196.993 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.215 - Executive director; status of director and employees.

(1) The Willamette Falls Locks Authority shall appoint an executive director. The executive director is the executive officer of the authority responsible for day-to-day operations. Subject to the supervision of the authority, the executive director is authorized to direct the affairs of the authority. The executive director serves at the discretion of the authority and shall perform such duties as the authority prescribes.
(2) The executive director may employ subordinate employees as the executive director deems reasonable for carrying out business operations and the operation of the properties and facilities of the authority, including but not limited to the operation and maintenance of the Willamette Falls Locks project. The executive director may delegate any duty, function or power of the executive director to a subordinate employee except as otherwise prescribed by the authority.
(3) The members of the authority, the executive director and the employees of the authority are not state employees and are not eligible for participation in state employee health benefit plans, state employee deferred compensation plans or the Public Employees Retirement System. The authority shall determine the compensation and benefit package for the executive director and other employees of the authority. For purposes of any laws applicable to the authority as a public corporation, including but not limited to ORS 30.260 to 30.300, the members of the authority, the executive director and the employees of the authority are officers and employees of a public body.
(4) The authority and a state agency may enter into agreements for the state agency to provide support services to the authority. If a state agency provides support services to the authority, the state agency must provide the support services at the rate that the state agency would charge to other state agencies for the services.
(5) The authority may invest in the investment pool described in ORS 294.805. For purposes of ORS 294.805 to 294.895, the executive director is a local government official.
(6) The authority may retain private legal counsel or, notwithstanding ORS 180.060, may contract for representation by the Attorney General. If the authority contracts for representation by the Attorney General, the Attorney General shall charge the authority for services at the rate charged to state agencies for similar services. [2021 c.229 §5]
Note:
See note under 196.200.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.225 - Creation of tax-exempt entity by authority.

(1) Pursuant to ORS 196.220, the Willamette Falls Locks Authority may create and maintain an entity that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, as amended, for the purpose of advancing the mission of the authority.
(2) Any entity created by the authority under subsection (1) of this section shall be considered:
(a) A unit of local government for purposes of ORS 190.003 to 190.130;
(b) A public body for purposes of ORS 30.260 to 30.300 and 307.112;
(c) A contracting agency for purposes of ORS 200.090; and
(d) A public corporation for purposes of ORS 307.090. [2021 c.229 §7]
Note:
See note under 196.200.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.230 - Revenue bonds issued by authority.

(1) The Willamette Falls Locks Authority may from time to time issue and sell revenue bonds in accordance with ORS chapter 287A, except that ORS 287A.150 (2) to (6) do not apply to revenue bonds issued by the authority. Revenue bonds issued by the authority are not to any extent a general obligation of the authority nor a charge upon any revenues or property of the authority not specifically pledged as security for the revenue bonds. An obligation described in this section is not an indebtedness of the State of Oregon.
(2) Revenue bonds issued by the authority pursuant to ORS chapter 287A shall be considered to be bonds of a political subdivision of the State of Oregon for the purposes of all laws of the state.
(3) The authority may, pursuant to ORS 287A.360 to 287A.380, issue refunding bonds of the same character and tenor as the revenue bonds replaced by the refunding bonds. [2021 c.229 §8]
Note:
See note under 196.200.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.240 - Audits; report to Legislative Assembly.

(1) The Willamette Falls Locks Authority shall submit to periodic audits by the Secretary of State. The authority shall, no less than annually, retain a public accounting firm to examine and attest to the financial operations of the authority. The authority shall include the results of any public accounting in the annual report submitted to the Legislative Assembly under subsection (2) of this section.
(2) The authority shall, not later than April 15 of each year, file an annual report with the Governor and a committee or interim committee of the Legislative Assembly related to economic development. The report shall describe the activities and operations of the authority during the preceding calendar year. [2021 c.229 §10]
Note:
See note under 196.200.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.405 - Definitions for ORS 196.405 to 196.515.

As used in ORS 196.405 to 196.515, unless the context requires otherwise:
(1) "Council" means the council established in ORS 196.438.
(2) "Exclusive Economic Zone" has the meaning set forth in Proc. 5030 whereby the United States proclaimed jurisdiction over the resources of the ocean within 200 miles of the coastline.
(3) "Panel" means a project review panel established under ORS 196.453.
(4) "Plan" means the Oregon Ocean Resources Management Plan.
(5) "Territorial sea" means the waters and seabed extending three geographical miles seaward from the coastline in conformance with federal law.
(6) "Territorial Sea Plan" means the plan for Oregon’s territorial sea. [1987 c.576 §6; 1991 c.501 §2; 2003 c.744 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.407 - Policy.

It is the policy of this state to:
(1) Work with the States of Washington and California to explore the possibility of development of communication information systems including a computerized system of coastal and marine resource information.
(2) Work with the States of Washington and California to develop compatible programs of ocean oil spill response, damage assessment and compensation.
(3) Cooperate and coordinate with adjacent states to develop a regional approach to obtaining fisheries information. [1989 c.895 §2; 2003 c.744 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.408 - Duties of state agencies.

(1) State agencies shall, to the maximum extent practicable, coordinate development of coastal and ocean information systems with those in adjacent states.
(2) State agencies with responsibility for oil spill and hazardous material response, damage assessment and compensation in the marine environment shall, to the maximum extent practicable, coordinate Oregon’s plans, programs, policies and techniques with those of adjacent states.
(3) State agencies which have jurisdiction over water areas, the seabed and resources adjacent to offshore rocks and islands may coordinate with adjacent states and federal agencies to develop programs and regulations to manage uses and activities of ocean areas adjacent to coastal cliffs and offshore rocks and islands managed within the National Wildlife Refuge System.
(4) The State Department of Fish and Wildlife may coordinate with fishery managers in adjacent states to develop a uniform fish catch and monitoring system. [1989 c.895 §3; 2003 c.744 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.410 - Legislative findings for offshore oil and gas leasing.

The Legislative Assembly finds:
(1) Oregon’s territorial sea encompasses all the rocks and islands of the Oregon National Wildlife Refuge, borders all beaches, headlands and rocky intertidal areas and includes areas heavily used for commercial and recreational fishing. Navigation lanes for barges and vessels pass through the area.
(2) Oregon’s territorial sea is rich in marine life. Its renewable resources support significant portions of the coastal economy. It is a dynamic, hazardous marine environment within which oil spills cannot be contained.
(3) Oregon’s nearshore zone is extremely high in biological productivity, reflected by the variety and value of commercial and sport ocean fisheries catch. The Oregon coast provides a significant habitat for migrating seabirds and mammals. Oregon is unwilling to risk damaging sensitive marine environments or to sacrifice environmental quality to develop offshore oil and gas resources. [1989 c.895 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.415 - Legislative findings for ocean resources management.

The Legislative Assembly finds that:
(1) The Pacific Ocean and its many resources are of environmental, economic, aesthetic, recreational, social and historic importance to the people of this state.
(2) Exploration, development and production of ocean resources likely to result from both federal agency programs in federal waters of the outer continental shelf and initiatives of private companies within state waters will increase the chance of conflicting demands on ocean resources for food, energy and minerals, as well as waste disposal and assimilation, and may jeopardize ocean resources and values of importance to this state.
(3) The fluid, dynamic nature of the ocean and the migration of many of its living resources beyond state boundaries extend the ocean management interests of this state beyond the three geographic mile territorial sea currently managed by the state pursuant to the federal Submerged Lands Act.
(4) Existing federal laws, the Coastal Zone Management Act of 1972, the Coastal Zone Act Reauthorization Amendments of 1990, the Magnuson Fisheries Management and Conservation Act of 1976, as amended, and the Outer Continental Shelf Lands Act of 1978, recognize the interests of coastal states in management of ocean resources in federal waters and provide for state participation in ocean resources management decisions. The Coastal Zone Act Reauthorization Amendments of 1990 require that all federal coastal activities affecting natural resources, land uses and water uses in the coastal zone must be consistent with the federally approved Oregon Coastal Management Program.
(5) The 1983 Proclamation of the 200-mile United States Exclusive Economic Zone has created an opportunity for all coastal states to more fully exercise and assert their responsibilities pertaining to the protection, conservation and development of ocean resources under United States jurisdiction.
(6) It is important that the State of Oregon develop and maintain a program of ocean resources management to promote management of living and nonliving marine resources within state jurisdiction, to insure effective participation in federal agency planning and management of ocean resources and uses which may affect this state, and to coordinate state agency management of ocean resources with local government management of coastal shorelands and resources.
(7) While much is known about the ocean, its composition, characteristics and resources, additional study and research is required to gain information and understanding necessary for sound ocean planning and management. [1987 c.576 §3; 1991 c.501 §3; 2003 c.744 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.420 - Policy.

It is the policy of the State of Oregon to:
(1) Conserve the long-term values, benefits and natural resources of the ocean both within the state and beyond by giving clear priority to the proper management and protection of renewable resources over nonrenewable resources;
(2) Encourage ocean resources development which is environmentally sound and economically beneficial to adjacent local governments and to the state;
(3) Assert the interests of this state as a partner with federal agencies in the sound management of the ocean resources within the United States Exclusive Economic Zone and on the continental shelf;
(4) Encourage research, study and understanding of ocean processes, marine life and other ocean resources;
(5) Encourage research and development of new, innovative marine technologies to study and utilize ocean resources; and
(6) Ensure that the Ocean Policy Advisory Council will work closely with coastal local governments to incorporate in its activities coastal local government and resident concerns, coastal economic sustainability and expertise of coastal residents. [1987 c.576 §4; 1991 c.501 §4; 2003 c.744 §5]