reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0028 - Exception Requirements for Land Irrevocably Committed to Other Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local
			 government may adopt an exception to a goal when the land subject to the
			 exception is irrevocably committed to uses not allowed by the applicable goal
			 because existing adjacent uses and other relevant factors make uses allowed by
			 the applicable goal impracticable:
(a) A
			 "committed exception" is an exception taken in accordance with ORS
			 197.732(2)(b),
			 Goal 2, Part II(b), and with the provisions of this rule, except where other
			 rules apply as described in OAR 660-004-0000(1).
(b) For the purposes of this rule, an
			 "exception area" is that area of land for which a "committed exception" is
			 taken.
(c) An "applicable goal," as
			 used in this rule, is a statewide planning goal or goal requirement that would
			 apply to the exception area if an exception were not taken.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0030 - Notice and Adoption of an Exception

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Goal 2 requires that each notice of a
			 public hearing on a proposed exception shall specifically note that a goal
			 exception is proposed and shall summarize the issues in an understandable
			 manner.
(2) A planning exception
			 takes effect when the comprehensive plan or plan amendment is adopted by the
			 city or county governing body. Adopted exceptions will be reviewed by the
			 Commission when the comprehensive plan is reviewed for compliance with the
			 goals through the acknowledgment or periodic review processes under OAR chapter
			 660, divisions 3 or 25, and by the Board when a plan amendment is reviewed as a
			 post-acknowledgment plan amendment pursuant to OAR chapter 660, division
			 18.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.610 -
				  197.625,
				  197.628 -
				  197.646 &
				  197.732
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0035 - Appeal of an Exception

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to acknowledgment, an exception, or the failure to take a required
			 exception, may be appealed to the Board pursuant to ORS
			 197.830, or to the Commission as
			 an objection to the local government's request for acknowledgment, pursuant to
			 ORS 197.251 and OAR chapter 660,
			 division 3.
(2) After
			 acknowledgment, an exception taken as part of a plan amendment, or the failure
			 to take a required exception when amending a plan, may be appealed to the Board
			 pursuant to ORS 197.620 and OAR chapter 660,
			 division 18.
(3) After
			 acknowledgment, an exception taken as part of a periodic review work task
			 submitted under OAR 660-025-0130, or failure to take a required exception when
			 amending a plan under periodic review, may be appealed to the Commission
			 pursuant to ORS 197.633 and OAR
			 660-025-0150.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.610 -
				  197.625,
				  197.732 &
				  197.830
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0040 - Application of Goal 14 to Rural Residential Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to specify
			 how Goal 14 "Urbanization" applies to rural lands in acknowledged exception
			 areas planned for residential uses.
(2) For purposes of this rule, the
			 definitions in ORS
			 197.015,
			 the Statewide Planning Goals and OAR 660-004-0005  shall apply. In addition, the
			 following definitions shall apply:
(a)
			 "Accessory dwelling unit" means a residential structure that is used in
			 connection with or that is auxiliary to a single-family dwelling.
(b) "Habitable dwelling" means a dwelling
			 that meets the criteria set forth in ORS
			 215.213(1)(q)
			 or ORS
			 215.283(1)(p),
			 whichever is applicable.
(c)
			 "Historic home" means a single-family dwelling constructed between 1850 and
			 1945.
(d) "Minimum lot size" means
			 the minimum area for any new lot or parcel that is to be created in a rural
			 residential area.
(e) "New
			 single-family dwelling" means that the dwelling being constructed did not
			 previously exist in residential or nonresidential form. New single-family
			 dwelling does not include the acquisition, alteration, renovation or remodeling
			 of an existing structure.
(f)
			 "Rural residential areas" means lands that are not within an urban growth
			 boundary, that are planned and zoned primarily for residential uses, and for
			 which an exception to Goal 3 "Agricultural Lands", Goal 4 "Forest Lands", or
			 both has been taken.
(g) "Rural
			 residential zone currently in effect" means a zone applied to a rural
			 residential area that was in effect on October 4, 2000, and acknowledged to
			 comply with the statewide planning goals.
(h) "Single-family dwelling" means a
			 residential structure designed as a residence for one family and sharing no
			 common wall with another residence of any type.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0050 - Wildfire Recovery Efforts on Industrial and Commercial Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to specify how counties may approve uses on rural lands in
			 acknowledged exception areas planned for industrial or commercial to assist
			 with wildfire recovery efforts.
(2)
			 For purposes of this rule, in addition to the definitions in ORS
			 197.015,
			 the Statewide Planning Goals and OAR 660-004-0005, the following definitions
			 apply:
(a) "Industrial areas" means lands
			 that are not within an urban growth boundary or unincorporated community, that
			 are planned and zoned primarily for industrial uses, and for which an exception
			 to Goal 3 "Agricultural Lands", Goal 4 "Forest Lands", or both has been
			 taken.
(b) "Commercial areas" means
			 lands that are not within an urban growth boundary or unincorporated community,
			 that are planned and zoned primarily for commercial uses, and for which an
			 exception to Goal 3 "Agricultural Lands", Goal 4 "Forest Lands", or both has
			 been taken.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this division is to conserve forest lands as defined by Goal 4 and to define
			 standards for compliance with implementing statutes at ORS
			 215.700 through
			 215.799.
(2) To accomplish the purpose of conserving
			 forest lands, the governing body shall:
(a)
			 Designate forest lands on the comprehensive plan map as forest lands consistent
			 with Goal 4 and OAR chapter 660, division 6;
(b) Zone forest lands for uses allowed
			 pursuant to OAR chapter 660, division 6 on designated forest lands;
			 and
(c) Adopt plan policies
			 consistent with OAR chapter 660, division 6.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0003 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 applies to all forest lands as defined by Goal 4.
(2) Governing bodies shall amend their
			 comprehensive plan and land use regulations to comply with requirements of OAR
			 660-006-0035(2)  and 660-006-0040  by September 6, 1994.
Stat. Auth.: ORS
				  197.040,
				  197.230 &
				  197.245
Stats. Implemented: ORS
				  197.040,
				  197.230,
				  197.245,
				  215.700,
				  215.705,
				  215.720,
				  215.740,
				  215.750,
				  215.780 & Ch. 792, 1993
				  OL
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0004 - Notice of Decision in Forest Zones

Current through Register Vol. 63, No. 7, July 1, 2024
Governing bodies shall provide the following types of
				notice:
(1) Notice of all applications
			 for dwellings and land divisions in forest and agriculture/forest zones shall
			 be provided to the Department of Land Conservation and Development at the Salem
			 office. Notice shall be in accordance with the governing body's acknowledged
			 comprehensive plan and land use regulations, and shall be mailed at least 10
			 calendar days prior to the hearing or decision being made.
(2) Notice of proposed actions described in
			 section (1) of this rule shall be provided as required by procedures for notice
			 contained in ORS 197.763 and
			 215.402 to
			 215.438.
(3) The provisions of sections (1) and (2) of
			 this rule are repealed on September 6, 1995.
Stat. Auth.: ORS
				  197.040,
				  197.230 &
				  197.245
Stats. Implemented: ORS
				  197.040,
				  197.230,
				  197.245,
				  215.700,
				  215.705,
				  215.720,
				  215.740,
				  215.750,
				  215.780 & Ch. 792, 1993
				  OL
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this division, the following definitions
				apply:
(1) Definitions contained in
			 ORS 197.015 and the Statewide
			 Planning Goals.
(2) "Commercial
			 Tree Species" means trees recognized for commercial production under rules
			 adopted by the State Board of Forestry pursuant to ORS
			 527.715.
(3) "Cubic Foot Per Acre" means the average
			 annual increase in cubic foot volume of wood fiber per acre for fully stocked
			 stands at the culmination of mean annual increment as reported by the USDA
			 Natural Resource Conservation Service (NRCS) soil survey.
(4) "Cubic Foot Per Tract Per Year" means the
			 average annual increase in cubic foot volume of wood fiber per tract for fully
			 stocked stands at the culmination of mean annual increment as reported by the
			 USDA Natural Resource Conservation Service (NRCS) soil survey.
(5) "Date of Creation and Existence." When a
			 lot, parcel or tract is reconfigured pursuant to applicable law after November
			 4, 1993, the effect of which is to qualify a lot, parcel or tract for the
			 siting of a dwelling, the date of the reconfiguration is the date of creation
			 or existence. Reconfigured means any change in the boundary of the lot, parcel,
			 or tract.
(6) "Eastern Oregon"
			 means that portion of the state lying east of a line beginning at the
			 intersection of the northern boundary of the State of Oregon and the western
			 boundary of Wasco County, then south along the western boundaries of the
			 counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of
			 the State of Oregon.
(7) "Forest
			 lands" as defined in Goal 4 are those lands acknowledged as forest lands, or,
			 in the case of a plan amendment, forest lands shall include:
(a) Lands that are suitable for commercial
			 forest uses, including adjacent or nearby lands which are necessary to permit
			 forest operations or practices; and
(b) Other forested lands that maintain soil,
			 air, water and fish and wildlife resources.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0010 - Identifying Forest Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Governing bodies shall identify "forest lands" as defined by Goal 4 in the
			 comprehensive plan. Lands inventoried as Goal 3 agricultural lands, lands for
			 which an exception to Goal 4 is justified pursuant to ORS
			 197.732 and taken, and lands
			 inside urban growth boundaries are not required to planned and zoned as forest
			 lands.
(2) Where a plan amendment
			 is proposed:
(a) Lands suitable for
			 commercial forest uses shall be identified using a mapping of average annual
			 wood production capability by cubic foot per acre (cf/ac) as reported by the
			 USDA Natural Resources Conservation Service. Where NRCS data are not available
			 or are shown to be inaccurate, other site productivity data may be used to
			 identify forest land, in the following order of priority:
(A) Oregon Department of Revenue western
			 Oregon site class maps;
(B) USDA
			 Forest Service plant association guides; or
(C) Other information determined by the State
			 Forester to be of comparable quality.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0015 - Plan Designation Outside an Urban Growth Boundary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Lands inventoried as forest lands must be
			 designated in the comprehensive plan and implemented with a zone that conserves
			 forest lands consistent with OAR chapter 660, division 6, unless an exception
			 to Goal 4 is taken pursuant to ORS
			 197.732, the forest lands are
			 marginal lands pursuant to ORS
			 197.247 (1991 Edition), the land
			 is zoned with an Exclusive Farm Use Zone pursuant to ORS chapter 215 provided
			 the zone qualifies for special assessment under ORS
			 308.370, or is an "abandoned
			 mill site" zoned for industrial use as provided for by ORS
			 197.719. In areas of
			 intermingled agricultural and forest lands, an agricultural/forest lands
			 designation may also be appropriate if it provides protection for forest lands
			 consistent with the requirements of OAR chapter 660, division 6. The plan shall
			 describe the zoning designation(s) applied to forest lands and its purpose and
			 shall contain criteria that clearly indicate where the zone(s) will be
			 applied.
(2) When lands satisfy the
			 definition requirements of both agricultural land and forest land, an exception
			 is not required to show why one resource designation is chosen over another.
			 The plan need only document the factors that were used to select an
			 agricultural, forest, agricultural/forest, or other appropriate
			 designation.
Stat. Auth.: ORS
				  197.040,
				  197.230 &
				  197.245
Stats. Implemented: ORS
				  197.040,
				  197.230,
				  197.245,
				  215.700,
				  215.705,
				  215.720,
				  215.740,
				  215.750,
				  215.780 & Ch. 792, 1993
				  OL
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0020 - Plan Designation Within an Urban Growth Boundary

Current through Register Vol. 63, No. 7, July 1, 2024
Goal 4 does not apply within urban growth boundaries and
				therefore, the designation of forest lands is not required.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.040,
				  197.230,
				  197.245 & Ch. 792, 1993
				  OL
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0025 - Uses Authorized in Forest Zones

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Goal 4 requires that forest land be
			 conserved. Forest lands are conserved by adopting and applying comprehensive
			 plan provisions and zoning regulations consistent with the goals and this rule.
			 In addition to forest practices and operations and uses auxiliary to forest
			 practices, as set forth in ORS
			 527.722,
			 the Commission has determined that five general types of uses, as set forth in
			 the goal, may be allowed in the forest environment, subject to the standards in
			 the goal and in this rule. These general types of uses are:
(a) Uses related to and in support of forest
			 operations;
(b) Uses to conserve
			 soil, air and water quality and to provide for fish and wildlife resources,
			 agriculture and recreational opportunities appropriate in a forest
			 environment;
(c)
			 Locationally-dependent uses, such as communication towers, mineral and
			 aggregate resources, etc;
(d)
			 Dwellings authorized by ORS
			 215.705 to
			 215.757 (ORS
			 215.757);
			 and
(e) Other dwellings under
			 prescribed conditions.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0026 - New Land Division Requirements in Forest Zones

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Governing bodies shall legislatively
			 amend their land division standards to incorporate one or more of the following
			 parcel sizes. Under these provisions, a governing body may not determine
			 minimum parcel sizes for forest land on a case-by-case basis:
(a) An 80-acre or larger minimum parcel size;
			 or
(b) One or more numeric minimum
			 parcel sizes less than 80 acres provided that each parcel size is large enough
			 to ensure:
(A) The opportunity for
			 economically efficient forest operations typically occurring in the area;
(B) The opportunity for the
			 continuous growing and harvesting of forest tree species;
(C) The conservation of other values found on
			 forest lands as described in Goal 4; and
(D) That parcel meets the requirements of ORS
			 527.630.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0027 - Dwellings in Forest Zones

Current through Register Vol. 63, No. 7, July 1, 2024
The following standards apply to dwellings described at OAR
				660-006-0025(1)(d):
(1) A lot of record dwelling
			 authorized under ORS 215.705 may be allowed if:
(a) The lot or parcel on which the dwelling
			 will be sited was lawfully created and was acquired and owned continuously by
			 the present owner as defined in subsection (d) of this section:
(A) Since prior to January 1, 1985; or
(B) By devise or by intestate
			 succession from a person who acquired and had owned continuously the lot or
			 parcel since prior to January 1, 1985.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0029 - Siting Standards for Dwellings and Structures in Forest Zones

Current through Register Vol. 63, No. 7, July 1, 2024
The following siting criteria or their equivalent shall apply
				to all new dwellings and structures in forest and agriculture/forest zones.
				These criteria are designed to make such uses compatible with forest operations
				and agriculture, to minimize wildfire hazards and risks and to conserve values
				found on forest lands. A governing body shall consider the criteria in this
				rule together with the requirements OAR 660-0060-0035 to identify the building
				site:
(1) Dwellings and structures
			 shall be sited on the parcel so that:
(a) They
			 have the least impact on nearby or adjoining forest or agricultural
			 lands;
(b) The siting ensures that
			 adverse impacts on forest operations and accepted farming practices on the
			 tract will be minimized;
(c) The
			 amount of forest lands used to site access roads, service corridors, the
			 dwelling and structures is minimized; and
(d) The risks associated with wildfire are
			 minimized.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0031 - Youth Camps

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 youth camp may be established in compliance with the provisions of this rule.
			 The purpose of this rule is to provide for the establishment of a youth camp
			 that is generally self-contained and located on a parcel suitable to limit
			 potential impacts on nearby and adjacent land and to be compatible with the
			 forest environment.
(2) Changes to
			 or expansions of youth camps established prior to the effective date of this
			 rule shall be subject to the provisions of ORS
			 215.130.
(3) A "youth camp" is a facility either owned
			 or leased, and operated by a state or local government, or a nonprofit
			 corporation as defined under ORS
			 65.001, to provide an outdoor
			 recreational and educational experience primarily for the benefit of persons 21
			 years of age and younger. Youth camps do not include any manner of juvenile
			 detention center or juvenile detention facility.
(4) An application for a proposed youth camp
			 shall comply with the following:
(a) The
			 number of overnight camp participants that may be accommodated shall be
			 determined by the governing body, or its designate, based on the size,
			 topography, geographic features and any other characteristics of the proposed
			 site for the youth camp. Except as provided by subsection (4)(b) of this rule a
			 youth camp shall not provide overnight accommodations for more than 350 youth
			 camp participants, including staff.
(b) The governing body, or its designated may
			 allow up to eight (8) nights during the calendar year when the number of
			 overnight participants may exceed the total number of overnight participants
			 allowed under subsection (4)(a) of this rule.
(c) Overnight stays for adult programs
			 primarily for individuals over 21 years of age, not including staff, shall not
			 exceed 10 percent of the total camper nights offered by the youth
			 camp.
(d) The provisions of OAR
			 660-006-0025(5)(a).
(e) A
			 campground as described in ORS
			 215.283(2)(c),
			 215.213(2)(e)
			 and OAR 660-006-0025(4)(e)  shall not be established in conjunction with a youth
			 camp.
(f) A youth camp shall not be
			 allowed in conjunction with an existing golf course.
(g) A youth camp shall not interfere with the
			 exercise of legally established water rights on adjacent properties.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0035 - Fire-Siting Standards for Dwellings and Structures

Current through Register Vol. 63, No. 7, July 1, 2024
The following fire-siting standards or their equivalent shall
				apply to all new dwelling or structures in a forest or agriculture/forest
				zone:
(1) The dwelling shall be
			 located upon a parcel within a fire protection district or shall be provided
			 with residential fire protection by contract. If the dwelling is not within a
			 fire protection district, the applicant shall provide evidence that the
			 applicant has asked to be included within the nearest such district. If the
			 governing body determines that inclusion within a fire protection district or
			 contracting for residential fire protection is impracticable, the governing
			 body may provide an alternative means for protecting the dwelling from fire
			 hazards. The means selected may include a fire sprinkling system, onsite
			 equipment and water storage or other methods that are reasonable, given the
			 site conditions. If a water supply is required for fire protection, it shall be
			 a swimming pool, pond, lake, or similar body of water that at all times
			 contains at least 4,000 gallons or a stream that has a continuous year round
			 flow of at least one cubic foot per second. The applicant shall provide
			 verification from the Water Resources Department that any permits or
			 registrations required for water diversion or storage have been obtained or
			 that permits or registrations are not required for the use. Road access shall
			 be provided to within 15 feet of the water's edge for firefighting pumping
			 units. The road access shall accommodate the turnaround of firefighting
			 equipment during the fires season. Permanent signs shall be posted along the
			 access route to indicate the location of the emergency water source.
(2) Road access to the dwelling shall meet
			 road design standards described in OAR 660-006-0040.
(3) The owners of the dwellings and
			 structures shall maintain a primary fuel-free break area surrounding all
			 structures and clear and maintain a secondary fuel-free break area on land
			 surrounding the dwelling that is owned or controlled by the owner in accordance
			 with the provisions in "Recommended Fire Siting Standards for Dwellings and
			 Structures and Fire Safety Design Standards for Roads" dated March 1, 1991, and
			 published by the Oregon Department of Forestry.
(4) The dwelling shall have a fire retardant
			 roof.
(5) The dwelling shall not be
			 sited on a slope of greater than 40 percent.
(6) If the dwelling has a chimney or
			 chimneys, each chimney shall have a spark arrester.
Stat. Auth.: ORS
				  197.040,
				  197.230 &
				  197.245
Stats. Implemented: ORS
				  197.040,
				  197.230,
				  197.245,
				  215.700,
				  215.705,
				  215.720,
				  215.740,
				  215.750,
				  215.780 & Ch. 792, 1993
				  OL
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0040 - Fire Safety Design Standards for Roads

Current through Register Vol. 63, No. 7, July 1, 2024
The governing body shall establish road design standards,
				except for private roads and bridges accessing only commercial forest uses,
				which ensure that public roads, bridges, private roads and driveways are
				constructed so as to provide adequate access for fire fighting equipment. Such
				standards shall address maximum grade, road width, turning radius, road
				surface, bridge design, culverts, and road access taking into consideration
				seasonal weather conditions. The governing body shall consult with the
				appropriate Rural Fire Protection District and Forest Protection District in
				establishing these standards.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.040,
				  197.230,
				  197.245,
				  215.700,
				  215.705,
				  215.720,
				  215.740,
				  215.750,
				  215.780 & Ch. 792, 1993
				  OL
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0050 - Uses Authorized in Agriculture/Forest Zones

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Governing bodies may establish
			 agriculture/forest zones in accordance with both Goals 3 and 4, and OAR chapter
			 660, divisions 6 and 33.
(2) Uses
			 authorized in Exclusive Farm Use Zones in ORS Chapter 215, and in OAR
			 660-006-0025  and 660-006-0027, subject to the requirements of the applicable
			 section, may be allowed in any agricultural/forest zone. The county shall apply
			 either OAR chapter 660, division 6 or 33 standards for siting a dwelling in an
			 agriculture/forest zone based on the predominant use of the tract on January 1,
			 1993.
(3) Dwellings and related
			 structures authorized under section (2), where the predominant use is forestry,
			 shall be subject to the requirements of OAR 660-006-0029  and
			 660-006-0035.
Stat. Auth.: ORS
				  197.040,
				  197.230 &
				  197.245
Stats. Implemented: ORS
				  197.040,
				  197.230,
				  197.245,
				  215.213,
				  215.283,
				  215.700,
				  215.705,
				  215.720,
				  215.740,
				  215.750,
				  215.780 & Ch. 792, 1993
				  OL
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0057 - Rezoning Land to an Agriculture/Forest Zone

Current through Register Vol. 63, No. 7, July 1, 2024
Any rezoning or plan map amendment of lands from an
				acknowledged zone or plan designation to an agriculture/forest zone requires a
				demonstration that each area being rezoned or replanned contains such a mixture
				of agriculture and forest uses that neither Goal 3 nor 4 can be applied
				alone.
Stat. Auth.: ORS
				  197.040,
				  197.230 &
				  197.245
Stats. Implemented: ORS
				  197.040,
				  197.230,
				  197.245,
				  215.213,
				  215.283,
				  215.700,
				  215.705,
				  215.720,
				  215.740,
				  215.750,
				  215.780 & Ch. 792, 1993
				  OL
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0060 - Regulation of Forest Operations

Current through Register Vol. 63, No. 7, July 1, 2024
The Forest Practices Act (ORS 527.620 to 527.992) as
				implemented through Oregon Board of Forestry rules regulates forest operations
				on forest lands. The relationship between the Forest Practices Act and land use
				planning is described in ORS 527.722 to 527.726. OAR 660-006-0025  does not
				authorize county governing bodies to regulate forest operations or other uses
				allowed by ORS 527.620 to 527.990 and Oregon Board of Forestry
				rules.
Stat. Auth.: ORS
				  197.040 & 215
Stats. Implemented: ORS
				  197.040,
				  197.230,
				  197.245,
				  215.700,
				  215.705,
				  215.720,
				  215.740,
				  215.750,
				  215.780 & Ch. 792, 1993
				  OL
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0000 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to ensure opportunity for the
				provision of adequate numbers of needed housing units and the efficient use of
				land within the Metropolitan Portland (Metro) urban growth boundary, to provide
				greater certainty in the development process and so to reduce housing costs.
				OAR 660-007-0030  through 660-007-0037  are intended to establish by rule
				regional residential density and mix standards to measure Goal 10 Housing
				compliance for cities and counties within the Metro urban growth boundary, and
				to ensure the efficient use of residential land within the regional UGB
				consistent with Goal 14 Urbanization. OAR 660-007-0035  implements the
				Commission's determination in the Metro UGB acknowledgment proceedings that
				region wide, planned residential densities must be considerably in excess of
				the residential density assumed in Metro's "UGB Findings". The new construction
				density and mix standards and the criteria for varying from them in this rule
				take into consideration and also satisfy the price range and rent level
				criteria for needed housing as set forth in ORS
				197.303.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division, the definitions in ORS
				197.015, l97.295, and
				197.303 shall apply. In
				addition, the following definitions apply:
(1) A "Net Buildable Acre" consists of 43,560
			 square feet of residentially designated buildable land, after excluding present
			 and future rights-of-way, restricted hazard areas, public open spaces and
			 restricted resource protection areas.
(2) "Attached Single Family Housing" means
			 common-wall dwellings or rowhouses where each dwelling unit occupies a separate
			 lot.
(3) "Buildable Land" means
			 residentially designated land within the Metro urban growth boundary, including
			 both vacant and developed land likely to be redeveloped, that is suitable,
			 available and necessary for residential uses. Publicly owned land is generally
			 not considered available for residential uses. Land is generally considered
			 "suitable and available" unless it:
(a) Is
			 severely constrained by natural hazards as determined under Statewide Planning
			 Goal 7;
(b) Is subject to natural
			 resource protection measures determined under Statewide Planning Goals 5, 6 or
			 15;
(c) Has slopes of 25 percent or
			 greater;
(d) Is within the 100-year
			 flood plain; or
(e) Cannot be
			 provided with public facilities.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0015 - Clear and Objective Approval Standards Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, a local government may adopt and apply only clear and objective
			 standards, conditions and procedures regulating the development of needed
			 housing on buildable land. The standards, conditions and procedures may not
			 have the effect, either in themselves or cumulatively, of discouraging needed
			 housing through unreasonable cost or delay.
(2) In addition to an approval process for
			 needed housing based on clear and objective standards, conditions and
			 procedures as provided in section (1) of this rule, a local government may
			 adopt and apply an optional alternative approval process for applications and
			 permits for residential development based on approval criteria regulating, in
			 whole or in part, appearance or aesthetics that are not clear and objective if:
(a) The applicant retains the option of
			 proceeding under the approval process that meets the requirements of section
			 (1);
(b) The approval criteria for
			 the alternative approval process comply with applicable statewide land use
			 planning goals and rules; and
(c)
			 The approval criteria for the alternative approval process authorize a density
			 at or above the density level authorized in the zone under the approval process
			 provided in section (1) of this rule.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0018 - Specific Plan Designations Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Plan designations that allow or require
			 residential uses shall be assigned to all buildable land. Such designations may
			 allow nonresidential uses as well as residential uses. Such designations may be
			 considered to be "residential plan designations" for the purposes of this
			 division. The plan designations assigned to buildable land shall be specific so
			 as to accommodate the varying housing types and densities identified in OAR
			 660-007-0030  through 660-007-0037.
(2) A local government may defer the
			 assignment of specific residential plan designations only when the following
			 conditions have been met:
(a) Uncertainties
			 concerning the funding, location and timing of public facilities have been
			 identified in the local comprehensive plan;
(b) The decision not to assign specific
			 residential plan designations is specifically related to identified public
			 facilities constraints and is so justified in the plan; and
(c) The plan includes a time-specific
			 strategy for resolution of identified public facilities uncertainties and a
			 policy commitment to assign specific residential plan designations when
			 identified public facilities uncertainties are resolved.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0020 - The Rezoning Process

Current through Register Vol. 63, No. 7, July 1, 2024
A local government may defer rezoning of land within the urban
				growth boundary to maximum planned residential density provided that the
				process for future rezoning is reasonably justified:
(1) The plan must contain a justification for
			 the rezoning process and policies which explain how this process will be used
			 to provide for needed housing.
(2)
			 Standards and procedures governing the process for future rezoning shall be
			 based on the rezoning justification and policy statement, and must be clear and
			 objective.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0022 - Restrictions on Housing Tenure

Current through Register Vol. 63, No. 7, July 1, 2024
Any local government that restricts the construction of either
				rental or owner occupied housing on or after its first periodic review shall
				either justify such restriction by an analysis of housing need according to
				tenure or otherwise demonstrate that such restrictions comply with ORS
				197.303(1)(a)
				and 197.307(3).
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0030 - New Construction Mix

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Jurisdictions other than small developed cities must either designate
			 sufficient buildable land to provide the opportunity for at least 50 percent of
			 new residential units to be attached single family housing or multiple family
			 housing or justify an alternative percentage based on changing circumstances.
			 Factors to be considered in justifying an alternate percentage shall include,
			 but need not be limited to:
(a) Metro
			 forecasts of dwelling units by type;
(b) Changes in household structure, size, or
			 composition by age;
(c) Changes in
			 economic factors impacting demand for single family versus multiple family
			 units; and
(d) Changes in price
			 ranges and rent levels relative to income levels.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0033 - Consideration of Other Housing Types

Current through Register Vol. 63, No. 7, July 1, 2024
Each local government shall consider the needs for manufactured
				housing and government assisted housing within the Portland Metropolitan UGB in
				arriving at an allocation of housing types.
Stat. Auth.: ORS 183 &
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0035 - Minimum Residential Density Allocation for New Construction

Current through Register Vol. 63, No. 7, July 1, 2024
The following standards shall apply to those jurisdictions
				which provide the opportunity for at least 50 percent of new residential units
				to be attached single family housing or multiple family housing:
(1) The Cities of Cornelius, Durham,
			 Fairview, Happy Valley and Sherwood must provide for an overall density of six
			 or more dwelling units per net buildable acre. These are relatively small
			 cities with some growth potential (i.e. with a regionally coordinated
			 population projection of less than 8,000 persons for the active planning
			 area).
(2) Clackamas and Washington
			 Counties, and the cities of Forest Grove, Gladstone, Milwaukie, Oregon City,
			 Troutdale, Tualatin, West Linn and Wilsonville must provide for an overall
			 density of eight or more dwelling units per net buildable acre.
(3) Multnomah County and the cities of
			 Portland, Gresham, Beaverton, Hillsboro, Lake Oswego and Tigard must provide
			 for an overall density of ten or more dwelling units per net buildable acre.
			 These are larger urbanized jurisdictions with regionally coordinated population
			 projections of 50,000 or more for their active planning areas, which encompass
			 or are near major employment centers, and which are situated along regional
			 transportation corridors.
(4)
			 Regional housing density and mix standards as stated in OAR 660-007-0030  and
			 sections (1), (2), and (3) of this rule do not apply to small developed cities
			 which had less than 50 acres of buildable land in 1977 as determined by
			 criteria used in Metro's UGB Findings. These cities include King City,
			 Rivergrove, Maywood Park, Johnson City and Wood Village.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0037 - Alternate Minimum Residential Density Allocation for New Construction

Current through Register Vol. 63, No. 7, July 1, 2024
The density standards in OAR 660-007-0035  shall not apply to a
				jurisdiction which justifies an alternative new construction mix under the
				provisions of OAR 660-007-0030. The following standards shall apply to these
				jurisdictions:
(1) The jurisdiction
			 must provide for the average density of detached single family housing to be
			 equal to or greater than the density of detached single family housing provided
			 for in the plan at the time of original LCDC acknowledgment.
(2) The jurisdiction must provide for the
			 average density of multiple family housing to be equal to or greater than the
			 density of multiple family housing provided for in the plan at the time of
			 original LCDC acknowledgment.
(3) A
			 jurisdiction which justifies an alternative new construction mix must also
			 evaluate whether the factors in OAR 660-007-0030  support increases in the
			 density of either detached single family or multiple family housing or both. If
			 the evaluation supports increases in density, then necessary amendments to
			 residential plan and zone designations must be made.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0045 - Computation of Buildable Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The local buildable lands inventory must
			 document the amount of buildable land in each residential plan
			 designation.
(2) The Buildable Land
			 Inventory (BLI): The mix and density standards of OAR 660-007-0030,
			 660-007-0035  and 660-007-0037  apply to land in a buildable land inventory
			 required by OAR 660-007-0010, as modified herein. Except as provided below, the
			 buildable land inventory at each jurisdiction's choice shall either be based on
			 land in a residential plan/zone designation within the jurisdiction at the time
			 of periodic review or based on the jurisdiction BLI at the time of
			 acknowledgment as updated. Each jurisdiction must include in its computations
			 all plan and/or zone changes involving residential land which that jurisdiction
			 made since acknowledgment. A jurisdiction need not include plan and/or zone
			 changes made by another jurisdiction before annexation to a city. The
			 adjustment of the BLI at the time of acknowledgment shall:
(a) Include changes in zoning ordinances or
			 zoning designations on residential planned land if allowed densities are
			 changed;
(b) Include changes in
			 planning or zoning designations either to or from residential use. A city shall
			 include changes to annexed or incorporated land if the city changed type or
			 density or the plan/zone designation after annexation or
			 incorporation;
(c) The county and
			 one or more cities affected by annexations or incorporations may consolidate
			 buildable land inventories. A single calculation of mix and density may be
			 prepared. Jurisdictions which consolidate their buildable lands inventories
			 shall conduct their periodic review simultaneously;
(d) A new density standard shall be
			 calculated when annexation, incorporation or consolidation results in mixing
			 two or more density standards (OAR 660-007-0035). The calculation shall be made
			 as follows:
(A)
(i) BLI Acres x 6 Units/Acre = Num. of
			 Units;
(ii) BLI Acres x 8
			 Units/Acre = Num. of Units;
(iii)
			 BLI Acres x 10 Units/Acre = Num. of Units;
(iv) Total Acres (TA) - Total Units
			 (TU).
(B) Total units
			 divided by Total Acres = New Density Standard;
(C) Example:
(i) Cities A and B have 100 acres and a
			 6-unit-per-acre standard: (100 x 6 = 600 units); City B has 300 acres and a
			 10-unit-per-acre standard: (300 x 10 = 3000 units); County has 200 acres and an
			 8-unit-per-acre standard: (200 x 08 = 1600 units); Total acres = 600 - Total
			 Units = 5200.
(ii) 5200 units
			 divided by 600 acres = 8.66 units per acre standard.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0050 - Regional Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 each periodic review of the Metro UGB, Metro shall review the findings for the
			 UGB. They shall determine whether the buildable land within the UGB satisfies
			 housing needs by type and density for the region's long-range population and
			 housing projections.
(2) Metro
			 shall ensure that needed housing is provided for on a regional basis through
			 coordinated comprehensive plans.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 7 - METROPOLITAN HOUSING › Section 660-007-0060 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The new
			 construction mix and minimum residential density standards of OAR 660-007-0030  through 660-007-0037  shall be applicable at each periodic review. During each
			 periodic review local government shall prepare findings regarding the
			 cumulative effects of all plan and zone changes affecting residential use. The
			 jurisdiction's buildable lands inventory (updated pursuant to OAR 660-007-0045)
			 shall be a supporting document to the local jurisdiction's periodic review
			 order.
(2) For plan and land use
			 regulation amendments which are subject to OAR 660, Division 18, the local
			 jurisdiction shall either:
(a) Demonstrate
			 through findings that the mix and density standards in this Division are met by
			 the amendment; or
(b) Make a
			 commitment through the findings associated with the amendment that the
			 jurisdiction will comply with provisions of this Division for mix or density
			 through subsequent plan amendments.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this division is to ensure opportunity for the provision of adequate numbers of
			 needed housing units, the efficient use of buildable land within urban growth
			 boundaries, and to provide greater certainty in the development process so as
			 to reduce housing costs. This division is intended to provide standards for
			 compliance with Goal 10 "Housing" and to implement ORS
			 197.303 through
			 197.307.
(2) OAR chapter 660, division 7, Metropolitan
			 Housing, is intended to complement and be consistent with OAR chapter 660,
			 division 8 and Statewide Planning Goal 10 Housing (OAR 660-015-0000(10). Should
			 differences in interpretation between division 8 and division 7 arise, the
			 provisions of division 7 shall prevail for cities and counties within the Metro
			 urban growth boundary.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490