reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 12 - TRANSPORTATION PLANNING › Section 660-012-0900 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cities and
			 counties outside of the planning area of Metro shall report annually on
			 progress toward meeting the requirements in division 44 and this
			 division.
(2) Metro shall prepare a
			 report annually on progress toward meeting the requirements in division 44 and
			 this division. Cities and counties within the planning area of Metro shall
			 coordinate with Metro and provide information to Metro. Cities and counties
			 within the planning area of Metro are not required to report directly to the
			 department as provided in this rule.
(3) Cities, counties, and Metro shall submit
			 the report to the director no later than May 31 of each year for the report for
			 the previous calendar year.
(4) The
			 director shall provide for a method of submission. The director shall review
			 reports as provided in OAR 660-012-0915.
(5) Cities, counties, and Metro shall submit
			 either a minor report, as provided in section (6), or a major report, as
			 provided in section (7), each year.
(a) Minor
			 reports shall be submitted each year where a major report is not
			 submitted.
(b) Major reports shall
			 be submitted for each year that the metropolitan planning organization
			 representing the city or county approved a regional transportation plan as
			 provided in
			 23
			 CFR §
										450.324.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 12 - TRANSPORTATION PLANNING › Section 660-012-0905 - Land Use and Transportation Performance Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cities, counties, and Metro that have a
			 land use and transportation scenario approved by the commission as provided in
			 OAR 660-044-0050  or OAR 660-044-0120  shall report on the performance measures
			 from the approved regional scenario plan.
(2) Cities and counties that do not have a
			 land use and transportation scenario approved by the commission as provided in
			 OAR 660-044-0120  shall report on the specific actions, including capital
			 improvements and the adoption of policies or programs that they have or will
			 undertake to reduce pollution and increase equitable outcomes for underserved
			 populations. At a minimum, this report must include the following performance
			 measures:
(a) Compact Mixed-Use Development
(A) Number of publicly supported affordable
			 housing units in climate-friendly areas.
(B) Number of existing and permitted dwelling
			 units in climate-friendly areas and percentage of existing and permitted
			 dwelling units in climate-friendly areas relative to total number of existing
			 and permitted dwelling units in the jurisdiction.
(C) Share of retail and service jobs in
			 climate-friendly areas relative to retail and service jobs in the
			 jurisdiction.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 12 - TRANSPORTATION PLANNING › Section 660-012-0910 - Land Use and Transportation Performance Targets

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Cities, counties, and Metro must set performance targets for each reporting
			 year for each performance measure provided in OAR 660-044-0110  and OAR
			 660-012-0905  in their local transportation system plan. Performance targets for
			 the performance measures provided in OAR 660-012-0905  must be set at levels
			 that are reasonably likely to achieve the regional performance targets from an
			 approved land use and transportation scenario plan as provided in OAR
			 660-044-0110  or the regional performance targets from the Statewide
			 Transportation Strategy as adopted by the Oregon Transportation
			 Commission.
(2) Cities, counties,
			 and Metro that have a land use and transportation scenario approved by the
			 commission as provided in OAR 660-044-0120  must set targets for equity
			 performance measures in a transportation system plan as provided in OAR
			 660-044-0110(9)(c).
(3) Cities,
			 counties, and Metro shall set performance targets in any major update to their
			 transportation system plan as provided in OAR 660-012-0105. If a city or county
			 has not yet set targets and is submitting a major report as provided in OAR
			 660-012-0900(7), then the city or county shall set performance targets through
			 a minor update to their transportation system plan.
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  184.899, ORS
				  197.012, ORS
				  197.712 & ORS
				  468A.205
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 12 - TRANSPORTATION PLANNING › Section 660-012-0915 - Review of Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt
			 of a submitted minor report as provided in OAR 660-012-0900(6):
(a) The director shall make a preliminary
			 determination of completeness within 30 calendar days of receipt and shall
			 notify the submitter of any missing items required under OAR 660-012-0900(6)
 
			 that is not subject to an exemption under OAR 660-012-0900(8).
(b) The submitter must submit information to
			 the department within 30 days of the director's notification under subsection
			 (a), unless the submitter requests, and the director grants, an extension of
			 time to submit the missing information, for a period not to exceed 90
			 additional days.
(c) If the
			 submitter does not submit the missing information within the time allotted by
			 the director, the director may refer the report for a compliance hearing as
			 provided in OAR 660-012-0920.
(d)
			 Once a minor report submitted as provided in OAR 660-012-0900(6)  is determined
			 to be complete, the director shall post the minor report on the department
			 website and send notice of approval to the submitter.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 12 - TRANSPORTATION PLANNING › Section 660-012-0920 - Compliance Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 commission shall hold a compliance hearing in response to referral from the
			 director at its next regularly scheduled meeting that is at least 30 days after
			 the referral.
(2) The commission
			 may hold a compliance hearing on its own motion or in response to an allegation
			 that a city, county, or Metro has:
(a) Missed
			 a deadline in this division;
(b)
			 Missed a deadline in OAR 660-044-0015;
(c) Failed to implement corrective actions
			 required by this division; or
(d)
			 Failed to comply with a requirement in this division.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0010 - Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division implements ORS
			 836.600 through
			 836.630 and Statewide Planning
			 Goal 12 (Transportation). The policy of the State of Oregon is to encourage and
			 support the continued operation and vitality of Oregon's airports. These rules
			 are intended to promote a convenient and economic system of airports in the
			 state and for land use planning to reduce risks to aircraft operations and
			 nearby land uses.
(2) Ensuring the
			 vitality and continued operation of Oregon's system of airports is linked to
			 the vitality of the local economy where the airports are located. This division
			 recognizes the interdependence between transportation systems and the
			 communities on which they depend.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  836.600 - ORS
				  836.635 & 1997 OL, Ch.
				  859
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division, the definitions in ORS Chapter
				197 apply unless the context requires otherwise. In addition, the following
				definitions apply:
(1) "Airport" means
			 the strip of land used for taking off and landing aircraft, together with all
			 adjacent land used in connection with the aircraft landing or taking off from
			 the strip of land, including but not limited to land used for existing airport
			 uses.
(2) "Aircraft" means
			 helicopters and airplanes, but not hot air balloons or ultralights.
(3) "Airport Uses" means those uses described
			 in OAR 660-013-0100.
(4) "Non
			 Towered Airport" means an airport without an existing or approved control tower
			 on June 5, 1995.
(5) "Public
			 Assembly Uses" means a structure or outdoor facility where concentrations of
			 people gather for purposes such as deliberation, education, worship, shopping,
			 business, entertainment, amusement, sporting events, or similar activities,
			 excluding airshows. Public Assembly Uses does not include places where people
			 congregate for short periods of time such as parking lots and bus stops or uses
			 approved by the FAA in an adopted airport master plan.
(6) "Sponsor" means the owner, manager, other
			 person, or entity designated to represent the interests of an
			 airport.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  836.600 - ORS
				  836.635 & 1997 OL, Ch.
				  859
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0030 - Preparation and Coordination of Aviation Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Department of Aviation (ODA)
			 shall prepare and adopt a state Aviation System Plan (state ASP) in accordance
			 with ORS Chapters 835 and 836 and the State Agency Coordination Program
			 approved under ORS 197.180. ODA shall coordinate
			 the preparation, adoption, and amendment of land use planning elements of the
			 state ASP with local governments and airport sponsors. The purpose of the state
			 ASP is to provide state policy guidance and a framework for planning and
			 operation of a convenient and economic system of airports, and for land use
			 planning to reduce risks to aircraft operations and nearby land uses. The state
			 ASP shall encourage and support the continued operation and vitality of
			 Oregon's airports.
(2) A city or
			 county with planning authority for one or more airports, or areas within safety
			 zones or compatibility zones described in this division, shall adopt
			 comprehensive plan and land use regulations for airports consistent with the
			 requirements of this division and ORS
			 836.600 through
			 836.630. Local comprehensive
			 plan and land use regulation requirements shall be coordinated with
			 acknowledged transportation system plans for the city, county, and Metropolitan
			 Planning Organization (MPO) required by OAR 660, division 12. Local
			 comprehensive plan and land use regulation requirements shall be consistent
			 with adopted elements of the state ASP and shall be coordinated with affected
			 state and federal agencies, local governments, airport sponsors, and special
			 districts. If a state ASP has not yet been adopted, the city or county shall
			 coordinate the preparation of the local comprehensive plan and land use
			 regulation requirements with ODA. Local comprehensive plan and land use
			 regulation requirements shall encourage and support the continued operation and
			 vitality of airports consistent with the requirements of ORS
			 836.600 through
			 836.630.
Stat. Auth.: ORS 183 & 197
Stats. Implemented: ORS
				  836.600 -
				  836.630 & 1997 OL, Ch. 859
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0040 - Aviation Facility Planning Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A local government shall adopt comprehensive plan and land use
				regulation requirements for each state or local aviation facility subject to
				the requirements of ORS
				836.610(1).
				Planning requirements for airports identified in ORS
				836.610(1)
				shall include:
(1) A map, adopted by
			 the local government, showing the location of the airport boundary. The airport
			 boundary shall include the following areas, but does not necessarily include
			 all land within the airport ownership:
(a)
			 Existing and planned runways, taxiways, aircraft storage (excluding aircraft
			 storage accessory to residential airpark type development), maintenance, sales,
			 and repair facilities;
(b) Areas
			 needed for existing and planned airport operations; and
(c) Areas at non-towered airports needed for
			 existing and planned airport uses that:
(A)
			 Require a location on or adjacent to the airport property;
(B) Are compatible with existing and planned
			 land uses
surrounding the airport; and
(C) Are otherwise consistent with provisions
			 of the acknowledged comprehensive plan, land use regulations, and any
			 applicable statewide planning goals.
(d) "Compatible," as used in this rule, is
			 not intended as an absolute term meaning no interference or adverse impacts of
			 any type with surrounding land uses.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0050 - Implementation of Local Airport Planning

Current through Register Vol. 63, No. 7, July 1, 2024
A local government with planning responsibility for one or more
				airports or areas within safety zones or compatibility zones described in this
				division or subject to requirements identified in ORS
				836.608 shall adopt land use
				regulations to carry out the requirements of this division, or applicable
				requirements of ORS 836.608, consistent with the
				applicable elements of the adopted state ASP and applicable statewide planning
				requirements.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  836.600 - ORS
				  836.630 & 1997 OL, Ch.
				  859
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0070 - Local Government Safety Zones for Imaginary Surfaces

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local government shall adopt an Airport
			 Safety Overlay Zone to promote aviation safety by prohibiting structures,
			 trees, and other objects of natural growth from penetrating airport imaginary
			 surfaces.
(a) The overlay zone for public use
			 airports shall be based on
Exhibit 1
incorporated herein by
			 reference.
(b) The overlay zone for
			 airports described in ORS
			 836.608(2)
			 shall be based on
Exhibit 2
incorporated herein by
			 reference.
(c) The overlay zone for
			 heliports shall be based on
Exhibit 3
incorporated herein by
			 reference.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0080 - Local Government Land Use Compatibility Requirements for Public Use Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 local government shall adopt airport compatibility requirements for each public
			 use airport identified in ORS
			 836.610(1). The
			 requirements shall:
(a) Prohibit new
			 residential development and public assembly uses within the Runway Protection
			 Zone (RPZ) identified in Exhibit 4;
(b) Limit the establishment of uses
			 identified in
Exhibit 5
within a noise impact boundary that has
			 been identified pursuant to OAR 340, division 35 consistent with the levels
			 identified in
Exhibit 5
;
(c) Prohibit the siting of new industrial
			 uses and the expansion of existing industrial uses where either, as a part of
			 regular operations, would cause emissions of smoke, dust, or steam that would
			 obscure visibility within airport approach corridors;
(d) Limit outdoor lighting for new
			 industrial, commercial, or recreational uses or the expansion of such uses to
			 prevent light from projecting directly onto an existing runway or taxiway or
			 into existing airport approach corridors except where necessary for safe and
			 convenient air travel;
(e)
			 Coordinate the review of all radio, radiotelephone, and television transmission
			 facilities and electrical transmission lines with the Oregon Department of
			 Aviation;
(f) Regulate water
			 impoundments consistent with the requirements of ORS
			 836.623(2) through
			 (6); and
(g) Prohibit the establishment of new
			 landfills near airports, consistent with Department of Environmental Quality
			 (DEQ) rules.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0110 - Other Uses Within the Airport Boundary

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding the provisions of OAR 660-013-0100, a local
				government may authorize commercial, industrial, manufacturing and other uses
				in addition to those listed in OAR 660-013-0100  within the airport boundary
				where such uses are consistent with applicable provisions of the acknowledged
				comprehensive plan, statewide planning goals and LCDC administrative rules and
				where the uses do not create a safety hazard or otherwise limit approved
				airport uses.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  836.600 - ORS
				  836.630 & 1997 OL, Ch.
				  859
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0140 - Safe Harbors

Current through Register Vol. 63, No. 7, July 1, 2024
A "safe harbor" is a course of action that satisfies certain
				requirements of this division. Local governments may follow safe harbor
				requirements rather than addressing certain requirements in these rules. The
				following are considered to be "safe harbors":
(1) Portions of existing acknowledged
			 comprehensive plans, land use regulations, Airport Master Plans and Airport
			 Layout Plans adopted or otherwise approved by the local government as mandatory
			 standards or requirements shall be considered adequate to meet requirements of
			 these rules for the subject areas of rule requirements addressed by such plans
			 and elements, unless such provisions are contrary to provisions of ORS
			 836.600 through
			 836.630. To the extent these
			 documents do not contain specific provisions related to requirements of this
			 division, the documents can not be considered as a safe harbor. The adequacy of
			 existing provisions shall be evaluated based on the specificity of the
			 documents and relationship to requirements of these rules;
(2) This division does not require
			 elimination of existing or allowed airport related uses authorized by an
			 acknowledged comprehensive plan and land use regulations; and
(3) Notwithstanding the safe harbor
			 provisions of this rule, land use regulations applicable to non-towered
			 airports shall authorize airport uses required by this division.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  836.600 - ORS
				  836.630 & 1997 OL, Ch.
				  859
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0155 - Planning Requirements for Small Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Airports described in ORS
			 836.608(2)
			 shall be subject to the planning and zoning requirements described in ORS
			 836.608(2) through (6) and
			 (8).
(2) The provisions of OAR 660-013-0100  shall
			 be used in conjunction with ORS
			 836.608 to determine appropriate
			 types of uses authorized within airport boundaries for airports described in
			 836.608(2).
(3) The provisions of OAR 660-013-0070(1)(b)
 
			 shall be used to protect approach corridors at airports described in ORS
			 836.608(2).
(4) Airport boundaries for airports described
			 in ORS 836.608(2)
			 shall be adopted by local government pursuant to the requirements in ORS
			 836.608(2).
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  836.600 - ORS
				  836.630 & 1997 OL, Ch.
				  859
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 13 - AIRPORT PLANNING › Section 660-013-0160 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
This division applies as follows:
(1) Local government plans and land use
			 regulations shall be updated to conform to this division at periodic review,
			 except for provisions of chapter 859, OR Laws 1997 that became effective on
			 passage. Prior to the adoption of the list of airports required by ORS
			 836.610(3), a
			 local government shall be required to include a periodic review work task to
			 comply with this division. However, the periodic review work task shall not
			 begin prior to the Oregon Department of Aviation's adoption of the list of
			 airports required by ORS
			 836.610(3). For
			 airports affecting more than one local government, applicable requirements of
			 this division shall be included in a coordinated work program developed for all
			 affected local governments concurrent with the timing of periodic review for
			 the jurisdiction with the most land area devoted to airport uses.
(2) Amendments to plan and land use
			 regulations may be accomplished through plan amendment requirements of ORS
			 197.610 to
			 197.625 in advance of periodic
			 review where such amendments include coordination with and adoption by all
			 local governments with responsibility for areas of the airport subject to the
			 requirements of this division.
(3)
			 Compliance with the requirements of this division shall be deemed to satisfy
			 the requirements of Statewide Planning Goal 12 (Transportation) and OAR 660,
			 division 12 related Airport Planning.
(4) Uses authorized by this division shall
			 comply with all applicable requirements of other laws.
(5) Notwithstanding the provisions of OAR
			 660-013-0140  amendments to acknowledged comprehensive plans and land use
			 regulations, including map amendments and zone changes, require full compliance
			 with the provisions of this division, except where the requirements of the new
			 regulation or designation are the same as the requirements they
			 replace.
Stat. Auth.: ORS 183 & 197
Stats. Implemented: ORS
				  836.600 -
				  836.630 & 1997 OL, Ch. 859
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 14 - APPLICATION OF THE STATEWIDE PLANNING GOALS TO NEWLY INCORPORATED CITIES, ANNEXATION, AND URBAN DEVELOPMENT ON RURAL LANDS › Section 660-014-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 197.175 requires cities and
				counties to exercise their planning and zoning responsibilities in compliance
				with the Statewide Planning Goals. This includes, but is not limited to, new or
				amended plans as a result of a city or special district boundary change
				including the incorporation or annexation of unincorporated territory. The
				purpose of this rule is to clarify the requirements of Goal 14 and to provide
				guidance to cities, counties and local government boundary commissions
				regarding urban development on rural lands, planning and zoning of newly
				incorporated cities, and the application of statewide goals during annexation
				proceedings.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.251,
				  197.757
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 14 - APPLICATION OF THE STATEWIDE PLANNING GOALS TO NEWLY INCORPORATED CITIES, ANNEXATION, AND URBAN DEVELOPMENT ON RURAL LANDS › Section 660-014-0010 - Application of the Statewide Planning Goals to Newly Incorporated Cities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Incorporation
			 of a new city within an acknowledged urban growth boundary does not require an
			 exception to Goals 3, 4, 11, or 14. Incorporation of a new city within an
			 acknowledged urban growth boundary must be consistent with relevant provisions
			 of acknowledged city and county plans and land use regulations for the area to
			 be incorporated.
(2) The following
			 are land use decisions which must comply with applicable Statewide Planning
			 Goals or the acknowledged comprehensive plan:
(a) A county order that authorizes an
			 incorporation election pursuant to ORS
			 221.040;
(b) A resolution adopted by a city approving
			 an incorporation within three miles of its city limits pursuant to ORS
			 221.031(4);
(c) An order adopted by a local government
			 boundary commission authorizing incorporation of a new city pursuant to ORS
			 199.461. Incorporation decisions
			 under this section include consolidations that include unincorporated
			 lands.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 14 - APPLICATION OF THE STATEWIDE PLANNING GOALS TO NEWLY INCORPORATED CITIES, ANNEXATION, AND URBAN DEVELOPMENT ON RURAL LANDS › Section 660-014-0030 - Rural Lands Irrevocably Committed to Urban Levels of Development

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A conclusion,
			 supported by reasons and facts, that rural land is irrevocably committed to
			 urban levels of development can satisfy the Goal 2 exceptions standard (e.g.,
			 that it is not appropriate to apply Goals 14's requirement prohibiting the
			 establishment of urban uses on rural lands). If a conclusion that land is
			 irrevocably committed to urban levels of development is supported, the four
			 factors in Goal 2 and OAR 660-004-0020(2)  need not be addressed.
(2) A decision that land has been built upon
			 at urban densities or irrevocably committed to an urban level of development
			 depends on the situation at the specific site. The exact nature and extent of
			 the areas found to be irrevocably committed to urban levels of development
			 shall be clearly set forth in the justification for the exception. The area
			 proposed as land that is built upon at urban densities or irrevocably committed
			 to an urban level of development must be shown on a map or otherwise described
			 and keyed to the appropriate findings of fact.
(3) A decision that land is committed to
			 urban levels of development shall be based on findings of fact, supported by
			 substantial evidence in the record of the local proceeding, that address the
			 following:
(a) Size and extent of commercial
			 and industrial uses;
(b) Location,
			 number and density of residential dwellings;
(c) Location of urban levels of facilities
			 and services; including at least public water and sewer facilities;
			 and
(d) Parcel sizes and ownership
			 patterns.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 14 - APPLICATION OF THE STATEWIDE PLANNING GOALS TO NEWLY INCORPORATED CITIES, ANNEXATION, AND URBAN DEVELOPMENT ON RURAL LANDS › Section 660-014-0060 - Annexations of Lands Subject to an Acknowledged Comprehensive Plan

Current through Register Vol. 63, No. 7, July 1, 2024
A city annexation made in compliance with a comprehensive plan
				acknowledged pursuant to ORS
				197.251(1) or
				197.625 shall be considered by
				the commission to have been made in accordance with the goals unless the
				acknowledged comprehensive plan and implementing ordinances do not control the
				annexation.
Stat. Auth.: ORS Ch. 196 & 197
Stats. Implemented: ORS Ch. 195, 196,
				  197
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 14 - APPLICATION OF THE STATEWIDE PLANNING GOALS TO NEWLY INCORPORATED CITIES, ANNEXATION, AND URBAN DEVELOPMENT ON RURAL LANDS › Section 660-014-0070 - Annexations of Lands not subject to an Acknowledged Comprehensive Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All appropriate
			 goals must be applied during annexation by the city. If the annexation is
			 subject to the jurisdiction of a local government boundary commission, the
			 boundary commission may utilize the findings of the city. The boundary
			 commission, however, remains responsible for ensuring that the annexation is in
			 conformance with the statewide goals.
(2) For the annexation of lands not subject
			 to an acknowledged plan, the requirements of Goal 14 (Urbanization) shall be
			 considered satisfied only if the city or local government boundary commission,
			 after notice to the county and an opportunity for it to comment, finds that
			 adequate public facilities and services can be reasonably made available; and:
(a) The lands are physically developed for
			 urban uses or are within an area physically developed for urban uses;
			 or
(b) The lands are clearly and
			 demonstrably needed for an urban use prior to acknowledgment of the appropriate
			 plan and circumstances exist which make it clear that the lands in question
			 will be within an urban growth boundary when the boundary is adopted in
			 accordance with the goals.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 14 - APPLICATION OF THE STATEWIDE PLANNING GOALS TO NEWLY INCORPORATED CITIES, ANNEXATION, AND URBAN DEVELOPMENT ON RURAL LANDS › Section 660-014-0090 - Establishment of Temporary Natural Disaster Related Sheltering on Undeveloped Rural Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in this rule, "temporary natural disaster related sheltering" is limited
			 to:
(a) Providing short-term refuge and
			 life-sustaining services for disaster survivors who have been displaced from
			 their homes and are unable to meet their own immediate post-disaster housing
			 needs and is accomplished through use of fabric structures, tents and similar
			 accommodations.
(b) Interim
			 facilities that cover the gap between the natural hazard event and the return
			 of disaster survivors to permanent housing provided through temporary modular
			 structures, temporary manufactured housing or similar temporary accommodations
			 for victims of the natural disaster.
(c) Temporary natural disaster related
			 sheltering established pursuant to this rule may include parking facilities,
			 walkways and access to water, toilet, shower, laundry, cooking, telephone, or
			 other services either through separate or shared facilities.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 15 - STATEWIDE PLANNING GOALS AND GUIDELINES › Section 660-015-0000 - Statewide Planning Goals and Guidelines #1 through #14

Current through Register Vol. 63, No. 7, July 1, 2024
(1) #1 - Citizen Involvement;
(2) #2 - Land Use Planning;
(3) #3 - Agricultural Lands;
(4) #4 - Forest Lands;
(5) #5 - Natural Resources, Scenic and
			 Historic Areas, and Open Spaces;
(6) #6 - Air, Water, and Land Resources
			 Quality;
(7) #7 - Areas Subject to
			 Natural Disasters and Hazards;
(8)
			 #8 - Recreational Needs;
(9) #9 -
			 Economy of the State;
(10) #10 -
			 Housing;
(11) #11 - Public
			 Facilities and Services;
(12) #12
			 - Transportation;
(13) #13 -
			 Energy Conservation; and
(14) #14
			 - Urbanization.
Publications: Publications referenced are available from the
				  agency.
Table referenced is not included in rule text.
Click here for PDF of
				  table
.
Stat. Auth.: ORS 183, 197 & 215
Stats. Implemented: ORS 197.010, 197.013, 197.015, 197.030,
				  197.040, 197.045, 197.225, 197.230, 197.235, 197.240, 197.245 & 197.435  -197.467
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 15 - STATEWIDE PLANNING GOALS AND GUIDELINES › Section 660-015-0005 - Statewide Planning Goal and Guideline #15

Current through Register Vol. 63, No. 7, July 1, 2024
#15 -- Willamette Greenway.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183 & 197
Stats. Implemented: ORS
				  197.010,
				  197.013,
				  197.015,
				  197.030,
				  197.040,
				  197.045,
				  197.225,
				  197.230,
				  197.235,
				  197.240,
				  197.245,
				  390.010 -
				  390.220 &
				  390.310 -
				  390.368
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 15 - STATEWIDE PLANNING GOALS AND GUIDELINES › Section 660-015-0010 - Statewide Planning Goals and Guidelines #16 Through #19

Current through Register Vol. 63, No. 7, July 1, 2024
Coastal State-Wide Planning Goals:
(1) #16 -- Estuarine Resources;
(2) #17 -- Coastal Shorelands;
(3) #18 -- Beaches and Dunes; and
(4) #19 -- Ocean Resources.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183 & 197
Stats. Implemented: ORS
				  197.010,
				  197.013,
				  197.015,
				  197.040,
				  197.045,
				  197.225,
				  197.230,
				  197.235,
				  197.240 &
				  197.245
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 16 - REQUIREMENTS AND APPLICATION PROCEDURES FOR COMPLYING WITH STATEWIDE GOAL 5 › Section 660-016-0005 - Identify Conflicting Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 It is the responsibility of local government to identify conflicts with
			 inventoried Goal 5 resource sites. This is done primarily by examining the uses
			 allowed in broad zoning districts established by the jurisdiction (e.g., forest
			 and agricultural zones). A conflicting use is one which, if allowed, could
			 negatively impact a Goal 5 resource site. Where conflicting uses have been
			 identified, Goal 5 resource sites may impact those uses. These impacts must be
			 considered in analyzing the economic, social, environmental and energy (ESEE)
			 consequences:
(2) Preserve the
			 Resource Site: If there are no conflicting uses for an identified resource
			 site, the jurisdiction must adopt policies and ordinance provisions, as
			 appropriate, which ensure preservation of the resource site.
(3) Determine the Economic, Social,
			 Environmental, and Energy Consequences: If conflicting uses are identified, the
			 economic, social, environmental and energy consequences of the conflicting uses
			 must be determined. Both the impacts on the resource site and on the
			 conflicting use must be considered in analyzing the ESEE consequences. The
			 applicability and requirements of other Statewide Planning Goals must also be
			 considered, where appropriate, at this stage of the process. A determination of
			 the ESEE consequences of identified conflicting uses is adequate if it enables
			 a jurisdiction to provide reasons to explain why decisions are made for
			 specific sites.
Stat. Auth.: ORS 183 & 197
Stats. Implemented:ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 16 - REQUIREMENTS AND APPLICATION PROCEDURES FOR COMPLYING WITH STATEWIDE GOAL 5 › Section 660-016-0015 - Post-Acknowledgment Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 data, findings, and decisions made by a local government prior to
			 acknowledgment may be reviewed by that local government in its periodic update
			 process. This includes decisions made as a result of OAR 660-016-0000(5)(a),
			 660-016-0005(1), and 660-016-0010. Any changes, additions, or deletions would
			 be made as a plan amendment, again following all Goal 5 steps.
(2) If the local government has included in
			 its plan items under OAR 660-016-0000(5)(b), the local government has committed
			 itself to take certain actions within a certain time frame in the
			 post-acknowledgment period. Within those stated time frames, the local
			 government must address the issue as stated in its plan, and treat the action
			 as a plan amendment.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 16 - REQUIREMENTS AND APPLICATION PROCEDURES FOR COMPLYING WITH STATEWIDE GOAL 5 › Section 660-016-0020 - Landowner Involvement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 development of inventory data, identification of conflicting uses and adoption
			 of implementing measures must, under Statewide Planning Goals 1 and 2, provide
			 opportunities for citizen involvement and agency coordination. In addition, the
			 adoption of regulations or plan provisions carries with it basic legal notice
			 requirements. (County or city legal counsel can advise the planning department
			 and governing body of these requirements.) Depending upon the type of action
			 involved, the form and method of landowner notification will vary. State
			 statutes and local charter provisions contain basic notice requirements.
			 Because of the nature of the Goal 5 process as outlined in this paper it is
			 important to provide for notification and involvement of landowners, including
			 public agencies, at the earliest possible opportunity. This will likely avoid
			 problems or disagreements later in the process and improve the local
			 decision-making process in the development of the plan and implementing
			 measures.
(2) As the Goal 5 process
			 progresses and more specificity about the nature of resources, identified
			 conflicting uses, ESEE consequences and implementing measures is known, notice
			 and involvement of affected parties will become more meaningful. Such notice
			 and landowner involvement, although not identified as a Goal 5 requirement is
			 in the opinion of the Commission, imperative.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 16 - REQUIREMENTS AND APPLICATION PROCEDURES FOR COMPLYING WITH STATEWIDE GOAL 5 › Section 660-016-0030 - Mineral and Aggregate Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When planning for and regulating the
			 development of aggregate resources, local governments shall address ORS
			 517.750 to
			 517.900 and OAR Chapter 632,
			 Divisions 1 and 30.
(2) Local
			 governments shall coordinate with the State Department of Geology and Mineral
			 Industries to ensure that requirements for the reclamation of surface mines are
			 incorporated into programs to achieve the Goal developed in accordance with OAR
			 660-016-0010.
(3) Local governments
			 shall establish procedures designed to ensure that comprehensive plan
			 provisions, land use regulations, and land use permits necessary to authorize
			 mineral and aggregate development are coordinated with the State Department of
			 Geology and Mineral Industries. Local governments shall amend comprehensive
			 plans and land use regulations, as necessary, no later than January 1,
			 1993.
(4) The provisions of this
			 rule shall be effective immediately.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 17 - CLASSIFYING OREGON ESTUARIES › Section 660-017-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 carries out requirements of the Estuarine Resources Goal (State-Wide Planning
			 Goal 16). To assure diversity among the estuaries of the state, the Estuarine
			 Resources Goal requires in part that LCDC, with the cooperation and
			 participation of local governments, special districts, and state and federal
			 agencies, shall classify the Oregon estuaries to specify the most intensive
			 level of development or alteration allowable within each estuary. This rule is
			 adopted pursuant to ORS
			 197.040(1)(b).
			 (See
Appendix A
.)
(2)
			 The estuarine classification system adopted by this rule:
(a) Specifies the most intensive level of
			 development or alteration allowable within each estuary;
(b) Directs the kinds of management units
			 appropriate and allowable in each estuary;
(c) Affects the extent of detail required and
			 items inventoried for each estuary;
(d) Affects the issuance of and conditions
			 attached to permits by state and federal agencies;
(e) Provides guidance for the dispersal of
			 state and federal public works funds; and
(f) Indirectly affects decisions concerning
			 private investment in and around estuaries.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 17 - CLASSIFYING OREGON ESTUARIES › Section 660-017-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this rule, unless the context requires
				otherwise:
(1) "Alteration" means any
			 man-caused change in the environment, including physical, topographic,
			 hydraulic, biological, or other similar environmental changes, or changes which
			 affect water quality.
(2) "Altered
			 Shorelines" include shorelines with bulkheads, seawalls, riprap, or other
			 physical structures, but do not include earthen, vegetated dikes.
(3) "Commission" means the Oregon Land
			 Conservation and Development Commission.
(4) "Design Depth" means the channel depth
			 authorized by Congress and maintained by the U.S. Army Corps of Engineers. The
			 actual maintained depth of a channel may exceed the design or authorized depth
			 because of:
(a) The limits of dredging
			 precision which causes "overdepth"; and
(b) The practice, where approved by the Corps
			 of Engineers, of "advanced maintenance" overdredging which designates the
			 amount of extra depth to be dredged to insure clear project depths for the time
			 period between maintenance operations.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 17 - CLASSIFYING OREGON ESTUARIES › Section 660-017-0010 - Classification System

Current through Register Vol. 63, No. 7, July 1, 2024
There are four different types of estuaries. These are defined
				as:
(1) "Natural estuaries": Estuaries
			 lacking maintained jetties or channels, and which are usually little developed
			 for residential, commercial, or industrial uses. They may have altered
			 shorelines, provided that these altered shorelines are not adjacent to an urban
			 area. Shorelands around natural estuaries are generally used for agricultural,
			 forest, recreation, and other rural uses.
(2) "Conservation estuaries": Estuaries
			 lacking maintained jetties or channels, but which are within or adjacent to
			 urban areas which have altered shorelines adjacent to the estuary.
(3) "Shallow-draft development estuaries":
			 Estuaries with maintained jetties and a main channel (not entrance channel)
			 maintained by dredging at 22 feet or less, except Nehalem Bay, which now has
			 only authorized jetties and no authorized or maintained channel.
(4) "Deep-draft development estuaries":
			 Estuaries with maintained jetties and a main channel maintained by dredging at
			 deeper than 22 feet.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 17 - CLASSIFYING OREGON ESTUARIES › Section 660-017-0015 - Major Estuary Classification

Current through Register Vol. 63, No. 7, July 1, 2024
Twenty-one of the twenty-two major Oregon estuaries are classed
				in the following manner:
(1) Natural
			 Estuaries include Sand Lake, Salmon River, Elk River (Curry County), Sixes
			 River, and Pistol River.
(2)
			 Conservation Estuaries include Necanicum River, Netarts Bay, Nestucca River,
			 Siletz Bay, Alsea Bay, and Winchuck River.
(3) Shallow-draft Development Estuaries
			 include Tillamook Bay, Nehalem Bay, Depoe Bay, Siuslaw River, Umpqua River,
			 Coquille River, Rogue River, and Chetco River.
(4) Deep-draft Development Estuaries include
			 Columbia River, Yaquina Bay, and Coos Bay.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 17 - CLASSIFYING OREGON ESTUARIES › Section 660-017-0020 - Minor Estuary Classification

Current through Register Vol. 63, No. 7, July 1, 2024
Minor estuaries, including tidal streams which have estuarine
				features, are not classified at this time. Minor estuaries shall be identified
				and classed as either natural estuaries or conservation estuaries during the
				development of local comprehensive plans.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 17 - CLASSIFYING OREGON ESTUARIES › Section 660-017-0025 - Level of Development or Alteration

Current through Register Vol. 63, No. 7, July 1, 2024
No development or alteration shall be more intensive than that
				specified in the Estuarine Resources Goal as permissible uses for comparable
				management units:
(1)
(a) Natural estuaries shall be managed to
			 preserve the natural resources and the dynamic natural processes. Those uses
			 which would change, alter, or destroy the natural resources and natural
			 processes are not permitted. Natural estuaries shall only be used for
			 undeveloped, low intensity, water-dependent recreation; and navigation aids
			 such as beacons and buoys; protection of habitat, nutrient, fish, wildlife, and
			 aesthetic resources; passive restoration measures, and where consistent with
			 the resource capabilities of the area and the purposes of maintaining natural
			 estuaries, aquaculture; communication facilities; placement of low water
			 bridges and active restoration measures. Existing man-made features may be
			 retained, maintained, and protected where they occur in a natural estuary.
			 Activities and uses, such as waste discharge and structural changes, are
			 prohibited. Riprap is not an allowable use, except that it may be allowed to a
			 very limited extent where necessary for erosion control to protect:
(A) Uses existing as of October 7,
			 1977;
(B) Unique natural resource
			 and historical and archeological values, or;
(C) Public facilities; and where consistent
			 with the natural management unit description in Goal #16 (and as deemed
			 appropriate by the permitting agency).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 17 - CLASSIFYING OREGON ESTUARIES › Section 660-017-0030 - Revisions and Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission shall review the overall Oregon Estuary Classification at the
			 request of any coastal jurisdiction after the inventories and initial planning
			 efforts are completed for all estuaries. Initial planning efforts include the
			 identification of needs, and of potential conflicts among needs and
			 goals.
(2) Any change in the Oregon
			 Estuary Classification must retain diversity among Oregon Estuaries.
(3) Requests for change should be addressed
			 to the Director of the Department of Land Conservation and
			 Development.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division is intended to implement provisions of ORS
				197.610 through
				197.625. The overall purpose of
				this division is to carry out the state policies outlined in ORS
				197.010.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.610 -
				  197.625