reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0010 - Definitions and Computation of Time

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of this division, the
			 definitions in ORS 197.015 apply. In addition, the
			 following definitions apply:
(a) "A change" to
			 an acknowledged comprehensive plan or land use regulation means an amendment to
			 the plan or implementing land use regulations, including an amendment to the
			 plan text or map. This term includes additions and deletions to the
			 acknowledged plan or regulations, the adoption of a new plan or regulation, or
			 the repeal of an acknowledged plan or regulation.
(b) "Date of Decision" means the date on
			 which the local government adopts the change.
(c) "Date of Mailing" means the date the
			 documents are postmarked or the date of U.S. Postal Service proof of
			 mailing.
(d) "Decision" means a
			 local government adoption of a change to a comprehensive plan or land use
			 regulation. Except where adoption is required by ORS
			 197.646 for new statutes or
			 rules, a local government denial of a proposed change shall not be considered a
			 "Decision" for purposes of notices of adoption otherwise required by this
			 division.
(e) "Final Evidentiary
			 Hearing" means the last hearing where all interested persons are allowed to
			 present evidence and rebut testimony on a proposal to adopt a change to a
			 comprehensive plan or land use regulation. A hearing held solely on the record
			 of a previous hearing held by the governing body or its designated hearing body
			 is not a "final evidentiary hearing."
(f) "First Evidentiary Hearing" means the
			 first hearing conducted by the local government where interested persons are
			 allowed to present and rebut evidence and testimony on a proposal to adopt a
			 change to a comprehensive plan or land use regulation. "First evidentiary
			 hearing" does not include a work session or briefing where public testimony is
			 not allowed.
(g) "Map Change" means
			 a change in the designation or boundary of an area as shown on the
			 comprehensive plan map, zoning map or both, including an area added to or
			 removed from a comprehensive plan or zoning map.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0020 - Notice of a Proposed Change to a Comprehensive Plan or Land Use Regulation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before a local government adopts a change to an acknowledged comprehensive plan
			 or a land use regulation, unless circumstances described in OAR 660-018-0022  apply, the local government shall submit the proposed change to the department,
			 including the information described in section (2) of this rule. The local
			 government must submit the proposed change to the director at the department's
			 Salem office at least 35 days before holding the first evidentiary hearing on
			 adoption of the proposed change.
(2) The submittal must include applicable
			 forms provided by the department, be in a format acceptable to the department,
			 and include all of the following materials:
(a) The text of the proposed change to the
			 comprehensive plan or land use regulation implementing the plan, as provided in
			 section (3) of this rule;
(b) If a
			 comprehensive plan map or zoning map is created or altered by the proposed
			 change, a copy of the relevant portion of the map that is created or altered;
(c) A brief narrative summary of
			 the proposed change and any supplemental information that the local government
			 believes may be useful to inform the director and members of the public of the
			 effect of the proposed change;
(d)
			 The date set for the first evidentiary hearing;
(e) The notice or a draft of the notice
			 required under ORS 197.763 regarding a
			 quasi-judicial land use hearing, if applicable; and
(f) Any staff report on the proposed change
			 or information that describes when the staff report will be available and how a
			 copy may be obtained.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0021 - Joint Submittal of Notices and Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where two or more local governments are
			 required by plan provisions, coordination agreements, statutes or goals to
			 agree on and mutually adopt a change to a comprehensive plan or land use
			 regulation, the local governments shall jointly submit the notice required in
			 OAR 660-018-0020  and, if the change is adopted, the decision and materials
			 required by OAR 660-018-0040. Notice of such proposed changes must be jointly
			 submitted at least 35 days prior to the first evidentiary hearing. For purposes
			 of notice and appeal, the date of the decision is the date of the last local
			 government's adoption of the change.
(2) For purposes of this rule, a change to a
			 comprehensive plan or land use regulation that requires two or more local
			 governments to agree on and mutually adopt the change includes, but is not
			 limited to, the establishment or amendment of an urban growth boundary or urban
			 reserve by a city and county in the manner specified in Goal 14.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.610 -
				  197.625
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0022 - Exemptions to Filing Requirements Under OAR 660-018-0020

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a local government determines that
			 no goals, commission rules, or land use statutes apply to a particular proposed
			 change, the notice of a proposed change under OAR 660-018-0020  is not
			 required.
(2) If a local government
			 determines that emergency circumstances beyond the control of the local
			 government require expedited review such that the local government cannot
			 submit the proposed change consistent with the 35-day deadline under OAR
			 660-018-0020, the local government may submit the proposed change to the
			 department as soon as practicable. The submittal must include a description of
			 the emergency circumstances.
(3) A
			 local government must submit any adopted change to an acknowledged
			 comprehensive plan or land use regulation to the department within 20 days
			 after the decision to adopt the change, as required by OAR 660-018-0040,
			 regardless of the reason for not submitting the proposed change in advance, as
			 provided in ORS 197.615(1) and
			 (2).
(4) Notwithstanding the requirements of ORS
			 197.830(2) to
			 have appeared before the local government in the proceedings concerning the
			 proposal, if a local government does not provide any notice described in OAR
			 660-018-0020, regardless of the reason for not providing the notice, the
			 director or any other person may appeal the decision to the board under ORS
			 197.830 to
			 197.845, except as provided in
			 ORS 197.620(3).
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.610(2)
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0025 - Requests for Department Notice of Proposed Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 15 days of receipt of a notice of
			 a proposed change to an acknowledged comprehensive plan or a land use
			 regulation described under OAR 660-018-0020, the department shall provide
			 notice of the proposed change to persons that have requested notice of such
			 changes. The notice shall be provided using electronic mail, electronic
			 bulletin board, electronic mailing list server or similar electronic
			 method.
(2) The department shall
			 notify persons that are generally interested in proposed changes to
			 acknowledged comprehensive plans by posting notices received under OAR
			 660-018-0020  on a weekly basis on the department website using the Internet or
			 a similar electronic method.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.610 -
				  197.625
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0035 - Department Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department determines that a proposed change to an acknowledged
			 comprehensive plan or a land use regulation may not be in compliance with land
			 use statutes or the statewide land use planning goals, including administrative
			 rules implementing either the statutes or the goals, the department shall
			 notify the local government of the concerns at least 15 days before the final
			 evidentiary hearing, unless:
(a) The local
			 government holds only one hearing on the proposal, in which case the
			 notification must occur prior to the close of the hearing;
(b) The proposed change has been modified to
			 the extent that resubmission is required under OAR 660-018-0045; or
(c) The local government did not submit the
			 proposed change within 35 days in advance of the final hearing in accordance
			 with OAR 660-018-0020(1), regardless of the circumstances that resulted in that
			 delay.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0040 - Submittal of Adopted Change

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a local government adopts a proposed
			 change to an acknowledged comprehensive plan or a land use regulation it shall
			 submit the decision to the department, with the appropriate notice forms
			 provided by the department, within 20 days.
(2) For purposes of the 20-day requirement
			 under section (1) of this rule, the proposed change is considered submitted to
			 the department:
(a) On the day the applicable
			 notice forms and other required documents are received by the department in its
			 Salem office, if hand-delivered or submitted by electronic mail or similar
			 electronic method, or
(b) On the
			 date of mailing if the local government mails the forms and documents.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0045 - Alterations to a Proposed Change

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, after initially submitting the notice
			 and accompanying materials under OAR 660-018-0020, a proposed change to an
			 acknowledged comprehensive plan or land use regulation is altered to such an
			 extent that the materials submitted no longer reasonably describe the proposed
			 change, the local government must, at least 10 days before the final
			 evidentiary hearing on the proposal:
(a)
			 Notify the department of the alterations to the proposed change, and
(b) Provide a summary of the alterations
			 along with any alterations to the proposed text or map and other materials
			 described in OAR 660-018-0020.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0050 - Notice to Other Parties of Adopted Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice of an adopted change to a
			 comprehensive plan or land use regulation to persons other than the department
			 is governed by ORS 197.615(4) and
			 (5), which require that on the same day the
			 local government submits the decision to the director the local government
			 shall mail or otherwise deliver notice of the decision to persons that:
(a) Participated in the local government
			 proceedings that led to the decision to adopt the change to the acknowledged
			 comprehensive plan or the land use regulation; and
(b) Requested in writing that the local
			 government provide them with notice of the change to the acknowledged
			 comprehensive plan or the land use regulation.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0055 - Notice by the Department of Local Adoption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within five working days of the receipt
			 of a local government notice of adoption of a change to a comprehensive plan or
			 a land use regulation described under OAR 660-018-0040, the department shall
			 provide notice of the decision and an explanation of the requirements for
			 appealing the land use decision under ORS
			 197.830 to
			 197.845, to persons that have
			 requested notice from the director of such adopted changes. The notice shall be
			 provided using electronic mail, electronic bulletin board, electronic mailing
			 list server or similar electronic method.
(2) The department shall notify persons that
			 are generally interested in changes to acknowledged comprehensive plans by
			 posting notices received under OAR 660-018-0040  periodically on the department
			 website using the Internet or a similar electronic method.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.610 -
				  197.625
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0060 - Who May Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
Eligibility to appeal a local government decision to adopt a
				change to a comprehensive plan or land use regulation is governed by ORS
				197.620,
				197.830, and Oregon Laws 2011,
				chapter 280, section 6.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.610-197.845; OL 2011, Ch 280,
				  ¦ 6
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0085 - Acknowledgement of a Change to a Plan or Land Use Regulation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 197.625, an adopted change to a
			 comprehensive plan or a land use regulation is deemed to be acknowledged when
			 the local government has complied with the requirements of ORS
			 197.610 and
			 197.615, the applicable
			 requirements of this division, and either:
(a)
			 The 21-day appeal period set out in ORS
			 197.830(9) has
			 expired and a notice of intent to appeal has not been filed; or
(b) If an appeal has been timely filed, the
			 Land Use Board of Appeals affirms the local decision or, if an appeal of the
			 decision of the board is timely filed, an appellate court affirms the
			 decision.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 18 - POST-ACKNOWEGEMENT AMENDMENTS › Section 660-018-0150 - Time Limits Regarding Certified Industrial Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon application for a change to a
			 comprehensive plan or land use regulation necessary to expedite and facilitate
			 industrial or traded sector development on any of the certified industrial
			 sites identified and prioritized under Oregon Laws 2003, chapter 800, section
			 12, a local government shall take action approving, approving with
			 modifications, or denying the application no later than 180 days after the date
			 the application is deemed complete by the local government.
(2) For purposes of this rule, "certified
			 industrial sites" are those sites so designated by the Economic Revitalization
			 Team Regulatory Efficiency Group established by Oregon Laws 2003, chapter 800,
			 section 2 in accordance with the requirements of Oregon Laws 2003, chapter 800,
			 section 12.
(3) Persons, including
			 the director, who participated in the local government proceedings leading to
			 the adoption of a change to a comprehensive plan or land use regulation
			 described in section (1) of this rule may appeal the decision by the local
			 government in accordance with requirements and time limits specified in ORS
			 197.610 through
			 197.625, except as provided in
			 section (4) of this rule.
(4) For a
			 decision to expand an urban growth boundary or designate an urban reserve
			 necessary to expedite and facilitate industrial or traded sector development on
			 any of the certified industrial sites identified and prioritized under Oregon
			 Laws 2003, chapter 800, section 12, and provided the decision is subject to ORS
			 197.626, the commission shall
			 review the action following the timelines and procedures specified in OAR
			 660-025-040, 660-025-140 through 660-025-160, and 660-025-175.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.610-197.625; OL 2003, Ch 800,
				  ¦ 17(2)
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 20 - WILLAMETTE RIVER GREENWAY PLAN › Section 660-020-0060 - Willamette River Greenway Plan Segments

Current through Register Vol. 63, No. 7, July 1, 2024
The Land Conservation and Development Commission hereby adopts
				by reference orders approving the Oregon Department of Transportation
				Willamette River Greenway Plan Segments for the following: Cities of: Salem;
				Milwaukie; Gladstone; Corvallis; St. Helens; Dundee; Independence; Albany;
				Harrisburg; Millersburg; Eugene; Cottage Grove; Lake Oswego; Oregon City; West
				Linn; Wilsonville; Portland; and Springfield. Counties of: Multnomah; Lane,
				Benton (left bank); Columbia; Yamhill; Marion; Polk; Linn; and
				Clackamas.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 390
Stats. Implemented: ORS
				  197.040 &
				  390.318
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 20 - WILLAMETTE RIVER GREENWAY PLAN › Section 660-020-0065 - Amending Willamette Greenway Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The following procedure is established for amending segments of
				the Willamette River Greenway Plan:
(1) A request for a Willamette Greenway Plan
			 modification from the plan that had previously been approved by LCDC shall be
			 submitted by the Oregon Parks and Recreation Department (OPRD).
(2) If the plan change is initiated by a city
			 or county the request shall be made by council or board action in writing to
			 the Oregon Parks and Recreation Department requesting submission of the
			 amendment to LCDC for adoption of an administrative rule amending the Greenway
			 Plan. This request shall include the proposed plan change, and reasons why such
			 a plan change is necessary. The Oregon Parks and Recreation Department shall,
			 within 30 days submit the request with comments to LCDC.
(3) If the plan change is initiated by the
			 Oregon Parks and Recreation Department, the request shall be made in writing to
			 LCDC:
(a) Requesting that LCDC adopt by
			 administrative rule certain changes to OPRD Greenway Plan;
(b) Explaining the proposed change to the
			 plan;
(c) Explaining why the
			 proposed change to the plan is necessary. The Oregon Parks and Recreation
			 Department shall notify the affected city or county 30 days prior to the
			 submission of the proposed plan change to LCDC. The affected city or county
			 comments on the proposed change shall be forwarded with the request to
			 LCDC.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 21 - URBAN RESERVES › Section 660-021-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division interprets and implements ORS
				195.137 through
				195.145 and statewide planning
				goals pertaining to Urbanization. Rules in this division authorize planning for
				areas outside urban growth boundaries to be reserved for eventual inclusion in
				an urban growth boundary and to be protected from patterns of development that
				would impede urbanization.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.137-195.145
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 21 - URBAN RESERVES › Section 660-021-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division, the definitions contained in ORS
				197.015 and the statewide
				planning goals (OAR chapter 660, division 15) apply. In addition, the following
				definitions apply:
(1) "Urban Reserve"
			 means lands outside of an urban growth boundary that will provide for:
(a) Future expansion over a long-term period;
			 and
(b) The cost-effective
			 provision of public facilities and services within the area when the lands are
			 included within the urban growth boundary.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 21 - URBAN RESERVES › Section 660-021-0020 - Authority to Establish Urban Reserve

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cities and counties cooperatively, and
			 the Metropolitan Service District for the Portland Metropolitan area urban
			 growth boundary, may designate urban reserves under the requirements of this
			 division, in coordination with special districts listed in OAR 660-021-0050(2)
 
			 and other affected local governments, including neighboring cities within two
			 miles of the urban growth boundary. Where urban reserves are adopted or
			 amended, they shall be shown on all applicable comprehensive plan and zoning
			 maps, and plan policies and land use regulations shall be adopted to guide the
			 management of these reserves in accordance with the requirements of this
			 division.
(2) As an alternative to
			 designation of urban reserves under the requirements of this division, Metro
			 may designate urban reserves for the Portland Metropolitan area urban growth
			 boundary under OAR chapter 660, division 27.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.145
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 21 - URBAN RESERVES › Section 660-021-0030 - Determination of Urban Reserve

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Urban reserves shall include an amount of land estimated to be at least a
			 10-year supply and no more than a 30-year supply of developable land beyond the
			 20-year time frame used to establish the urban growth boundary. Local
			 governments designating urban reserves shall adopt findings specifying the
			 particular number of years over which designated urban reserves are intended to
			 provide a supply of land.
(2)
			 Inclusion of land within an urban reserve shall be based upon the locational
			 factors of Goal 14 and a demonstration that there are no reasonable
			 alternatives that will require less, or have less effect upon, resource land.
			 Cities and counties cooperatively, and the Metropolitan Service District for
			 the Portland Metropolitan Area Urban Growth Boundary, shall first study lands
			 adjacent to, or nearby, the urban growth boundary for suitability for inclusion
			 within urban reserves, as measured by the factors and criteria set forth in
			 this section. Local governments shall then designate, for inclusion within
			 urban reserves, that suitable land which satisfies the priorities in section
			 (3) of this rule.
(3) Land found
			 suitable for an urban reserve may be included within an urban reserve only
			 according to the following priorities:
(a)
			 First priority goes to land adjacent to, or nearby, an urban growth boundary
			 and identified in an acknowledged comprehensive plan as an exception area or
			 nonresource land. First priority may include resource land that is completely
			 surrounded by exception areas unless these are high value crop areas as defined
			 in Goal 8 or prime or unique agricultural lands as defined by the United States
			 Department of Agriculture;
(b) If
			 land of higher priority is inadequate to accommodate the amount of land
			 estimated in section (1) of this rule, second priority goes to land designated
			 as marginal land pursuant to former ORS
			 197.247 (1991
			 edition);
(c) If land of higher
			 priority is inadequate to accommodate the amount of land estimated in section
			 (1) of this rule, third priority goes to land designated in an acknowledged
			 comprehensive plan for agriculture or forestry, or both. Higher priority shall
			 be given to land of lower capability as measured by the capability
			 classification system or by cubic foot site class, whichever is appropriate for
			 the current use.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 21 - URBAN RESERVES › Section 660-021-0040 - Urban Reserve Area Planning and Zoning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Until included in the urban growth
			 boundary, lands in urban reserves shall continue to be planned and zoned for
			 rural uses in accordance with the requirements of this rule and the applicable
			 statutes and goals, but in a manner that ensures a range of opportunities for
			 the orderly, economic and efficient provision of urban services when these
			 lands are included in the urban growth boundary.
(2) Urban reserve land use regulations shall
			 ensure that development and land divisions in exception areas and nonresource
			 lands will not hinder the efficient transition to urban land uses and the
			 orderly and efficient provision of urban services. These measures shall be
			 adopted by the time the urban reserves are designated, or in the case of those
			 local governments with planning and zoning responsibility for lands in the
			 vicinity of the Portland Metropolitan Area Urban Growth Boundary, by the time
			 such local governments amend their comprehensive plan and zoning maps to
			 implement urban reserve designations made by the Portland Metropolitan Service
			 District. The measures may include:
(a)
			 Prohibition on the creation of new parcels less than ten acres;
(b) Requirements for clustering as a
			 condition of approval of new parcels;
(c) Requirements for preplatting of future
			 lots or parcels;
(d) Requirements
			 for written waivers of remonstrance against annexation to a provider of sewer,
			 water or streets; and
(e)
			 Regulation of the siting of new development on existing lots for the purpose of
			 ensuring the potential for future urban development and public
			 facilities.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 21 - URBAN RESERVES › Section 660-021-0050 - Urban Reserve Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
Urban reserve planning shall include the adoption and
				maintenance of urban reserve agreements among cities, counties and special
				districts serving or projected to serve the designated urban reserves. These
				agreements shall be adopted by each applicable jurisdiction at or prior to the
				time of reserve designation and shall contain:
(1) Designation of the local government
			 responsible for building code administration and land use regulation in the
			 urban reserves, both at the time of reserve designation and upon inclusion of
			 these reserves within the urban growth boundary.
(2) Designation of the local government or
			 special district responsible for the following services: sewer, water, fire
			 protection, parks, transportation and storm water. The agreement shall include
			 maps indicating areas and levels of current rural service responsibility and
			 areas projected for future urban service responsibility when included in the
			 urban growth boundary.
(3) Terms
			 and conditions under which service responsibility will be transferred or
			 expanded for areas where the provider of the service is expected to change over
			 time.
(4) Procedures for
			 notification and review of land use actions to ensure involvement by all
			 affected local governments and special districts.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.145
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 21 - URBAN RESERVES › Section 660-021-0060 - Urban Growth Boundary Expansion

Current through Register Vol. 63, No. 7, July 1, 2024
All lands within urban reserves established pursuant to this
				division shall be included within an urban growth boundary before inclusion of
				other lands, except where an identified need for a particular type of land
				cannot be met by lands within an established urban reserve.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.145
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 21 - URBAN RESERVES › Section 660-021-0070 - Adoption and Review of Urban Reserve

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Designation and amendment of urban
			 reserves shall follow the applicable procedures of ORS
			 197.610 through
			 197.650.
(2) Disputes between jurisdictions regarding
			 urban reserve boundaries, planning and regulation, or urban reserve agreements
			 may be mediated by the department or commission upon request by an affected
			 local government or special district.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  195.145
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 21 - URBAN RESERVES › Section 660-021-0080 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of this division, and amendments to rules in
				this division, are effective upon filing with the Secretary of
				State.
Stat. Auth.: ORS 183,
				  197.040
Stats. Implemented: ORS
				  195.145
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 22 - UNINCORPORATED COMMUNITIES › Section 660-022-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this division is to establish a statewide policy for the planning and zoning of
			 unincorporated communities that recognizes the importance of communities in
			 rural Oregon. It is intended to expedite the planning process for counties by
			 reducing their need to take exceptions to statewide planning goals when
			 planning and zoning unincorporated communities.
(2) This division interprets Goals 11 and 14
			 concerning urban and rural development outside urban growth boundaries and
			 applies only to unincorporated communities defined in OAR
			 660-022-0010.
(3) This division
			 does not apply to areas approved as destination resorts under the destination
			 resort statute, ORS 197.435 through
			 197.467.
Stat. Auth.: ORS
				  197.040 & ORS
				  197.245
Stats. Implemented: ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 22 - UNINCORPORATED COMMUNITIES › Section 660-022-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division, the definitions contained in ORS
				197.015 and the statewide
				planning goals (OARChapter 660, Division 15) apply. In addition, the following
				definitions apply:
(1) "Commercial
			 Use" means the use of land primarily for the retail sale of products or
			 services, including offices. It does not include factories, warehouses, freight
			 terminals, or wholesale distribution centers.
(2) "Community Sewer System" means a sewage
			 disposal system which has service connections to at least 15 permanent dwelling
			 units, including manufactured homes, within the unincorporated
			 community.
(3) "Community Water
			 System" means a system that distributes potable water through pipes to at least
			 15 permanent dwelling units, including manufactured homes within the
			 unincorporated community.
(4)
			 "Industrial Use" means the use of land primarily for the manufacture,
			 processing, storage, or wholesale distribution of products, goods, or
			 materials. It does not include commercial uses.
(5) "Permanent residential dwellings"
			 includes manufactured homes, but does not include dwellings primarily intended
			 for a caretaker of an industrial use, commercial use, recreational vehicle park
			 or campground.
(6) "Resort
			 Community" is an unincorporated community that was established primarily for
			 and continues to be used primarily for recreation or resort purposes: and
(a) Includes residential and commercial uses;
			 and
(b) Provides for both temporary
			 and permanent residential occupancy, including overnight lodging and
			 accommodations.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 22 - UNINCORPORATED COMMUNITIES › Section 660-022-0020 - Designation of Community Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in OAR 660-022-0070,
			 county comprehensive plans shall designate and identify unincorporated
			 communities in accordance with the definitions in OAR 660-022-0010. Counties
			 may amend these designations as circumstances change over time.
(2) Counties shall establish boundaries of
			 unincorporated communities in order to distinguish lands within the community
			 from exception areas, resource lands and other rural lands. The boundaries of
			 unincorporated communities shall be shown on the county comprehensive plan map
			 at a scale sufficient to determine accurately which properties are
			 included.
(3) Only land meeting the
			 following criteria may be included within an unincorporated community boundary:
(a) Land which has been acknowledged as a
			 Goal 3 or 4 exception area and historically considered to be part of the
			 community provided the land only includes existing, contiguous concentrations
			 of:
(A) Commercial, industrial, or public
			 uses; and/or
(B) Dwelling units and
			 associated residential lots at a greater density than exception lands outside
			 rural communities.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 22 - UNINCORPORATED COMMUNITIES › Section 660-022-0030 - Planning and Zoning of Unincorporated Communities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For rural communities, resort communities
			 and urban unincorporated communities, counties shall adopt individual plan and
			 zone designations reflecting the projected use for each property (e.g.,
			 residential, commercial, industrial, public) for all land in each community.
			 Changes in plan or zone designation shall follow the requirements to the
			 applicable post-acknowledgment provisions of ORS
			 197.610 through
			 197.625.
(2) County plans and land use regulations may
			 authorize any residential use and density in unincorporated communities,
			 subject to the requirements of this division.
(3) County plans and land use regulations may
			 authorize only the following new or expanded industrial uses in unincorporated
			 communities:
(a) Uses authorized under Goals 3
			 and 4;
(b) Expansion of a use
			 existing on the date of this rule;
(c) Small-scale, low impact uses;
(d) Uses that require proximity to rural
			 resource, as defined in OAR 660-004-0022(3)(a);
(e) New uses that will not exceed the
			 capacity of water and sewer service available to the site on the effective date
			 of this rule, or, if such services are not available to the site, the capacity
			 of the site itself to provide water and absorb sewage;
(f) New uses more intensive than those
			 allowed under subsection (a) through (e) of this section, provided an analysis
			 set forth in the comprehensive plan demonstrates, and land use regulations
			 ensure:
(A) That such uses are necessary to
			 provide employment that does not exceed the total projected work force within
			 the community and the surrounding rural area;
(B) That such uses would not rely upon a work
			 force employed by uses within urban growth boundaries; and
(C) That the determination of the work force
			 of the community and surrounding rural area considers the total industrial and
			 commercial employment in the community and is coordinated with employment
			 projections for nearby urban growth boundaries.;
(g) Industrial uses, including accessory uses
			 subordinate to industrial development, as provided under either paragraph (A)
			 or (B) of this subsection:
(A) Industrial
			 developments sited on an abandoned or diminished industrial mill site, as
			 defined in ORS
			 197.719 that was engaged in the processing or manufacturing of wood products, provided
			 the uses will be located only on the portion of the mill site that is zoned for
			 industrial uses; or
(B) Industrial
			 development, and accessory uses subordinate to the industrial development, in
			 buildings of any size and type, in an area planned and zoned for industrial use
			 on January 1, 2004, subject to the territorial limits and other requirements of
			 ORS
			 197.713 and
			 197.714.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 22 - UNINCORPORATED COMMUNITIES › Section 660-022-0040 - Urban Unincorporated Communities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Counties with qualifying communities
			 shall adopt plans and land use regulations for urban unincorporated communities
			 (UUC's). All statewide planning goals applicable to cities shall also apply to
			 UUC's, except for those goals provisions relating to urban growth boundaries
			 and related requirements regarding the accommodation of long-term need for
			 housing and employment growth.
(2)
			 Counties may expand the boundaries of those UUC's with the following
			 characteristics in order to include developable land to meet a demonstrated
			 long-term need for housing and employment:
(a) The UUC is at least 20 road miles from an
			 urban growth boundary with a population over 25,000; and
(b) The UUC is at least 10 road miles from an
			 urban growth boundary with a population of 25,000 or less.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 22 - UNINCORPORATED COMMUNITIES › Section 660-022-0050 - Community Public Facility Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In coordination with special districts,
			 counties shall adopt public facility plans meeting the requirements of OAR 660,
			 division 11, and include them in the comprehensive plan for unincorporated
			 communities over 2,500 in population. A community public facility plan
			 addressing sewer and water is required if the unincorporated community is
			 designated as an urban unincorporated community under OAR 660-022-0010  and
			 660-022-0020. For all communities, a sewer and water community public facility
			 plan is required if:
(a) Existing sewer or
			 water facilities are insufficient for current needs, or are projected to become
			 insufficient due to physical conditions, financial circumstances or changing
			 state or federal standards; or
(b)
			 The plan for the unincorporated community provides for an amount, type or
			 density of additional growth or infill that cannot be adequately served with
			 individual water or sanitary systems or by existing community facilities and
			 services; or
(c) The community
			 relies on groundwater and is within a groundwater limited or groundwater
			 critical area as identified by the Oregon Department of Water Resources;
			 or
(d) Land in the community has
			 been declared a health hazard or has a history of failing septic systems or
			 wells.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 22 - UNINCORPORATED COMMUNITIES › Section 660-022-0060 - Coordination and Citizen Involvement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Counties shall ensure that residents of
			 unincorporated communities have adequate opportunities to participate in all
			 phases of the planning process. Counties shall provide such opportunities in
			 accordance with their acknowledged citizen involvement programs.
(2) When a county proposes to designate an
			 unincorporated community or to amend plan provisions or land use regulations
			 that apply to such a community, the county shall specify the following:
(a) How residents of the community and
			 surrounding area will be informed about the proposal;
(b) How far in advance of the final decision
			 residents of the community and the surrounding area will be informed about the
			 proposal;
(c) Which citizen
			 advisory committees will be notified of the proposal.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 22 - UNINCORPORATED COMMUNITIES › Section 660-022-0070 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
For each unincorporated community in the county, by January 1,
				1998, or a date specified in a periodic review work program, all counties
				shall:
(1) Plan for unincorporated
			 communities under the requirements of this division; or
(2) Demonstrate that all uses authorized by
			 acknowledged comprehensive plans and land use regulations for unincorporated
			 communities are rural, in compliance with statewide planning Goals 11 and 14;
			 or
(3) Amend acknowledged
			 comprehensive plans and land use regulations to limit uses to those which are
			 rural in compliance with statewide planning Goals 11 and 14; or
(4) Adopt exceptions to statewide planning
			 Goal 14, and Goal 11 if necessary, to allow urban uses on rural land.
Stat. Auth.: ORS
				  197.040 & ORS
				  197.245
Stats. Implemented: ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0000 - Purpose and Intent

Current through Register Vol. 63, No. 7, July 1, 2024
This division establishes procedures and criteria for
				inventorying and evaluating Goal 5 resources and for developing land use
				programs to conserve and protect significant Goal 5 resources. This division
				explains how local governments apply Goal 5 when conducting periodic review and
				when amending acknowledged comprehensive plans and land use
				regulations.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.040 & ORS
				  197.225 - ORS
				  197.245
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0020 - Standard and Specific Rules and Safe Harbors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The standard Goal 5 process, OAR
			 660-023-0030  through 660-023-0050, consists of procedures and requirements to
			 guide local planning for all Goal 5 resource categories. This division also
			 provides specific rules for each of the fifteen Goal 5 resource categories (see
			 OAR 660-023-0090  through 660-023-0230). In some cases this division indicates
			 that both the standard and the specific rules apply to Goal 5 decisions. In
			 other cases, this division indicates that the specific rules supersede parts or
			 all of the standard process rules (i.e., local governments must follow the
			 specific rules rather than the standard Goal 5 process). In case of conflict,
			 the resource-specific rules set forth in OAR 660-023-0090  through 660-023-0230  shall supersede the standard provisions in OAR 660-023-0030  through
			 660-023-0050.
(2) A "safe harbor"
			 consists of an optional course of action that satisfies certain requirements
			 under the standard process. Local governments may follow safe harbor
			 requirements rather than addressing certain requirements in the standard Goal 5
			 process. For example, a jurisdiction may choose to identify "significant"
			 riparian corridors using the safe harbor criteria under OAR 660-023-0090(5)
 
			 rather than follow the general requirements for determining "significance" in
			 the standard Goal 5 process under OAR 660-023-0030(4). Similarly, a
			 jurisdiction may adopt a wetlands ordinance that meets the requirements of OAR
			 660-023-0100(4)(b)  in lieu of following the ESEE decision process in OAR
			 660-023-0040.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.040 & ORS
				  197.225 - ORS
				  197.245
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0030 - Inventory Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Inventories provide the information necessary to locate and evaluate resources
			 and develop programs to protect such resources. The purpose of the inventory
			 process is to compile or update a list of significant Goal 5 resources in a
			 jurisdiction. This rule divides the inventory process into four steps. However,
			 all four steps are not necessarily applicable, depending on the type of Goal 5
			 resource and the scope of a particular PAPA or periodic review work task. For
			 example, when proceeding under a quasi-judicial PAPA for a particular site, the
			 initial inventory step in section (2) of this rule is not applicable in that a
			 local government may rely on information submitted by applicants and other
			 participants in the local process. The inventory process may be followed for a
			 single site, for sites in a particular geographical area, or for the entire
			 jurisdiction or urban growth boundary (UGB), and a single inventory process may
			 be followed for multiple resource categories that are being considered
			 simultaneously. The standard Goal 5 inventory process consists of the following
			 steps, which are set out in detail in sections (2) through (5) of this rule and
			 further explained in sections (6) and (7) of this rule:
(a) Collect information about Goal 5 resource
			 sites;
(b) Determine the adequacy
			 of the information;
(c) Determine
			 the significance of resource sites; and
(d) Adopt a list of significant resource
			 sites.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0040 - ESEE Decision Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Local governments shall develop a program to achieve Goal 5 for all significant
			 resource sites based on an analysis of the economic, social, environmental, and
			 energy (ESEE) consequences that could result from a decision to allow, limit,
			 or prohibit a conflicting use. This rule describes four steps to be followed in
			 conducting an ESEE analysis, as set out in detail in sections (2) through (5)
			 of this rule. Local governments are not required to follow these steps
			 sequentially, and some steps anticipate a return to a previous step. However,
			 findings shall demonstrate that requirements under each of the steps have been
			 met, regardless of the sequence followed by the local government. The ESEE
			 analysis need not be lengthy or complex, but should enable reviewers to gain a
			 clear understanding of the conflicts and the consequences to be expected. The
			 steps in the standard ESEE process are as follows:
(a) Identify conflicting uses;
(b) Determine the impact area;
(c) Analyze the ESEE consequences;
			 and
(d) Develop a program to
			 achieve Goal 5.