reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0050 - Programs to Achieve Goal 5

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For each resource site, local governments
			 shall adopt comprehensive plan provisions and land use regulations to implement
			 the decisions made pursuant to OAR 660-023-0040(5). The plan shall describe the
			 degree of protection intended for each significant resource site. The plan and
			 implementing ordinances shall clearly identify those conflicting uses that are
			 allowed and the specific standards or limitations that apply to the allowed
			 uses. A program to achieve Goal 5 may include zoning measures that partially or
			 fully allow conflicting uses (see OAR 660-023-0040(5)(b) and (c)).
(2) When a local government has decided to
			 protect a resource site under OAR 660-023-0040(5)(b), implementing measures
			 applied to conflicting uses on the resource site and within its impact area
			 shall contain clear and objective standards. For purposes of this division, a
			 standard shall be considered clear and objective if it meets any one of the
			 following criteria:
(a) It is a fixed
			 numerical standard, such as a height limitation of 35 feet or a setback of 50
			 feet;
(b) It is a nondiscretionary
			 requirement, such as a requirement that grading not occur beneath the dripline
			 of a protected tree; or
(c) It is a
			 performance standard that describes the outcome to be achieved by the design,
			 siting, construction, or operation of the conflicting use, and specifies the
			 objective criteria to be used in evaluating outcome or performance. Different
			 performance standards may be needed for different resource sites. If
			 performance standards are adopted, the local government shall at the same time
			 adopt a process for their application (such as a conditional use, or design
			 review ordinance provision).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0060 - Notice and Land Owner Involvement

Current through Register Vol. 63, No. 7, July 1, 2024
Local governments shall provide timely notice to landowners and
				opportunities for citizen involvement during the inventory and ESEE process.
				Notification and involvement of landowners, citizens, and public agencies
				should occur at the earliest possible opportunity whenever a Goal 5 task is
				undertaken in the periodic review or plan amendment process. A local government
				shall comply with its acknowledged citizen involvement program, with statewide
				goal requirements for citizen involvement and coordination, and with other
				applicable procedures in statutes, rules, or local
				ordinances.
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 660-023-0070 - Buildable Lands Affected by Goal 5 Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If measures to protect significant
			 resource sites inside urban growth boundaries affect the inventory of buildable
			 lands in acknowledged plans required by Goals 9, 10 and 14, a local government
			 outside of the Metro UGB, and Metro inside the Metro UGB, prior to or at the
			 next periodic review, shall:
(a) Amend its
			 urban growth boundary to provide additional buildable lands sufficient to
			 compensate for the loss of buildable lands caused by the application of Goal
			 5;
(b) Redesignate other land to
			 replace identified land needs under Goals 9, 10, and 14 provided such action
			 does not take the plan out of compliance with other statewide goals;
			 or
(c) Adopt a combination of the
			 actions described in subsections (a) and (b) of this section.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0080 - Metro Regional Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, the following
			 definitions apply:
(a) "Metro" is the
			 Metropolitan Service District organized under ORS Chapter 268, and operating
			 under the 1992 Metro Charter, for 24 cities and certain urban portions of
			 Multnomah, Clackamas, and Washington counties.
(b) "Regional resource" is a site containing
			 a significant Goal 5 resource, including but not limited to a riparian
			 corridor, wetland, or open space area, which is identified as a regional
			 resource on a map adopted by Metro ordinance.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0090 - Riparian Corridors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of this rule, the following definitions apply:
(a) "Fish habitat" means those areas upon
			 which fish depend in order to meet their requirements for spawning, rearing,
			 food supply, and migration.
(b)
			 "Riparian area" is the area adjacent to a river, lake, or stream, consisting of
			 the area of transition from an aquatic ecosystem to a terrestrial
			 ecosystem.
(c) "Riparian corridor"
			 is a Goal 5 resource that includes the water areas, fish habitat, adjacent
			 riparian areas, and wetlands within the riparian area boundary.
(d) "Riparian corridor boundary" is an
			 imaginary line that is a certain distance upland from the top bank, for
			 example, as specified in section (5) of this rule.
(e) "Stream" is a channel such as a river or
			 creek that carries flowing surface water, including perennial streams and
			 intermittent streams with defined channels, and excluding man-made irrigation
			 and drainage channels.
(f)
			 "Structure" is a building or other major improvement that is built,
			 constructed, or installed, not including minor improvements, such as fences,
			 utility poles, flagpoles, or irrigation system components, that are not
			 customarily regulated through zoning ordinances.
(g) "Top of bank" shall have the same meaning
			 as "bankfull stage" defined in OAR 141-085-0010(12).
(h) "Water area" is the area between the
			 banks of a lake, pond, river, perennial or fish-bearing intermittent stream,
			 excluding man-made farm ponds.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0100 - Wetlands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, a "wetland" is an area that is inundated or saturated by surface
			 water or ground water at a frequency and duration sufficient to support, and
			 that under normal circumstances does support, a prevalence of vegetation
			 typically adapted for life in saturated soil conditions.
(2) Local governments shall amend
			 acknowledged plans and land use regulations prior to or at periodic review to
			 address the requirements of this division, as set out in OAR 660-023-0250(5)
			 through (7). The standard inventory process requirements in OAR 660-023-0030  do
			 not apply to wetlands. Instead, local governments shall follow the requirements
			 of section (3) of this rule in order to inventory and determine significant
			 wetlands.
(3) For areas inside
			 urban growth boundaries (UGBs) and urban unincorporated communities (UUCs),
			 local governments shall:
(a) Conduct a local
			 wetlands inventory (LWI) using the standards and procedures of OAR 141-086-0110
			 through 141-086-0240  and adopt the LWI as part of the comprehensive plan or as
			 a land use regulation; and
(b)
			 Determine which wetlands on the LWI are "significant wetlands" using the
			 criteria adopted by the Division of State Lands (DSL) pursuant to ORS
			 197.279(3)(b)
			 and adopt the list of significant wetlands as part of the comprehensive plan or
			 as a land use regulation.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0110 - Wildlife Habitat

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, the following definitions apply:
(a) "Documented" means that an area is shown
			 on a map published or issued by a state or federal agency or by a professional
			 with demonstrated expertise in habitat identification.
(b) "Wildlife habitat" is an area upon which
			 wildlife depend in order to meet their requirements for food, water, shelter,
			 and reproduction. Examples include wildlife migration corridors, big game
			 winter range, and nesting and roosting sites.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0120 - Federal Wild and Scenic Rivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At each periodic review, local
			 governments shall amend acknowledged plans and land use regulations to address
			 any federal Wild and Scenic River (WSR) and associated corridor established by
			 the federal government that is not addressed by the acknowledged plan. The
			 standards and procedures of OAR 660-023-0030  through 660-023-0050  apply to
			 WSRs, except as provided in this rule.
(2) Local governments shall not inventory
			 WSRs using the standard process under OAR 660-023-0030, except that local
			 governments shall follow the requirements of 660-023-0030(5)  by designating all
			 WSRs as significant Goal 5 resources.
(3) A local government may delay completion
			 of OAR 660-023-0040  and 660-023-0050  for a WSR until the federal government
			 adopts a management plan for the WSR. Prior to the federal government adoption
			 of a management plan, the local govern-ment shall notify the federal government
			 of proposed development and changes of land use within the interim WSR
			 corridor.
(4) Prior to or at the
			 first periodic review following adoption of a management plan by the federal
			 government for an established WSR, the local government shall adopt a program
			 to protect the WSR and associated corridor by following the ESEE standards and
			 procedures of OAR 660-023-0040  and 660-023-0050. The impact area determined
			 under OAR 660-023-0040(3)  shall be the WSR corridor that is established by the
			 federal government. Notwithstanding the provisions of OAR 660-023-0040(5), the
			 local program shall be consistent with the federal management plan.
(5) For any lands in a designated WSR
			 corridor that are also within the impact area of a designated Oregon Scenic
			 Waterway, the local government may apply the requirements of OAR 660-023-0130  rather than the applicable requirements of this rule in order to develop a
			 program to achieve Goal 5.
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 660-023-0130 - Oregon Scenic Waterways

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At each periodic review, local governments shall amend acknowledged plans and
			 land use regulations to address any Oregon Scenic Waterway (OSW) and associated
			 corridor that is not addressed by the acknowledged plan. The standards and
			 procedures of OAR 660-023-0030  through 660-023-0050  apply to OSWs, except as
			 provided in this rule.
(2) Local
			 governments shall not inventory OSWs following all the steps of the standard
			 inventory process under OAR 660-023-0030. Instead, local governments shall
			 follow only the requirements of OAR 660-023-0030(5)  by designating OSWs as
			 significant Goal 5 resources.
(3) A
			 local government may delay completion of the Goal 5 process (OAR 660-023-0040  and 660-023-0050) for an OSW until the Oregon Parks and Recreation Commission
			 (OPRC) adopts a management plan for the OSW. Prior to the OPRC adoption of a
			 management plan for the OSW, the local government shall:
(a) Notify the Oregon Parks and Recreation
			 Department (OPRD) of proposed developments and changes of land use on land
			 within the interim OSW corridor; and
(b) Inform landowners who apply to the local
			 government for development approval or changes of land use within the OSW
			 corridor of their notice obligations under ORS
			 390.845.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0140 - Groundwater Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, the following definitions apply:
(a) "Delineation" is a determination that has
			 been certified by the Oregon Health Division pursuant to OAR 333-061-0057,
			 regarding the extent, orientation, and boundary of a wellhead protection area,
			 considering such factors as geology, aquifer characteristics, well pumping
			 rates, and time of travel.
(b)
			 "Groundwater" is any water, except capillary moisture, beneath the land surface
			 or beneath the bed of any stream, lake, reservoir, or other body of surface
			 water.
(c) "Protect significant
			 groundwater resources" means to adopt land use programs to help ensure that
			 reliable groundwater is available to areas planned for development and to
			 provide a reasonable level of certainty that the carrying capacity of
			 groundwater resources will not be exceeded.
(d) "Public water system" is a system
			 supplying water for human consumption that has four or more service
			 connections, or a system supplying water to a public or commercial
			 establishment that operates a total of at least 60 days per year and that is
			 used by 10 or more individuals per day.
(e) "Wellhead protection area" is the surface
			 and subsurface area surrounding a water well, spring, or wellfield, supplying a
			 public water system, through which contaminants are reasonably likely to move
			 toward and reach that water well, spring, or wellfield.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0150 - Approved Oregon Recreation Trails

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "recreation
			 trail" means an Oregon Recreation Trail designated by rule adopted by the
			 Oregon Parks and Recreation Commission (OPRC).
(2) Recreation trails are designated by OPRC
			 in cooperation with local governments and private land owners. Local
			 governments are not required to inventory recreation trails under OAR
			 660-023-0030. Instead, local governments shall designate all recreation trails
			 designated by OPRC as significant Goal 5 resources. At each periodic review,
			 local governments shall amend acknowledged plans to recognize any recreation
			 trail designated by OPRC subsequent to acknowledgment or a previous periodic
			 review.
(3) Local governments are
			 not required to amend acknowledged plans or land use regulations in order to
			 supplement OPRC protection of recreation trails. If a local government chooses
			 to supplement OPRC protection, it shall follow the requirements of OAR
			 660-023-0040  and 660-023-0050.
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 660-023-0160 - Natural Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, "natural areas" are areas listed in the Oregon State
			 Register of Natural Heritage Resources.
(2) At periodic review, local governments
			 shall consider information about natural areas not addressed at acknowledgment
			 or in previous periodic reviews. Local governments shall inventory such areas
			 as significant and develop a program to achieve the goal following the standard
			 Goal 5 process in OAR 660-023-0040  and 660-023-0050.
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 660-023-0170 - Wilderness Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, "wilderness areas" are those areas designated as
			 wilderness by the federal government.
(2) Local governments are not required to
			 inventory wilderness areas using the procedures of OAR 660-023-0030, except
			 that local governments shall list all federally designated wilderness areas as
			 significant Goal 5 resources as provided under OAR 660-023-0030(5).
(3) At periodic review, local governments
			 shall amend acknowledged plans to recognize any wilderness areas designated
			 after the last periodic review or acknowledgment.
(4) A local government need not complete the
			 Goal 5 process in OAR 660-023-0040  and 660-023-0050  for wilderness areas unless
			 it chooses to provide additional protection for the wilderness area, such as
			 the regulation of conflicting uses in an impact area adjacent to the wilderness
			 area.
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 660-023-0180 - Mineral and Aggregate Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, the following
			 definitions apply:
(a) "Aggregate resources"
			 are naturally occurring concentrations of stone, rock, sand gravel, decomposed
			 granite, limestone, pumice, cinders, and other naturally occurring solid
			 materials commonly used in road building or other construction.
(b) "Conflicting use" is a use or activity
			 that is subject to land use regulations and that would interfere with, or be
			 adversely affected by, mining or processing activities at a significant mineral
			 or aggregate resource site (as specified in subsection (5)(b) and section (7)
			 of this rule).
(c) "Existing site"
			 is an aggregate site that meets the requirements of subsection (3)(a) of this
			 rule and was lawfully operating, or was included on an inventory of significant
			 aggregate sites in an acknowledged plan, on September 1, 1996.
(d) "Expansion area" is an aggregate mining
			 area contiguous to an existing site.
(e) "Farmland" means land planned and zoned
			 for exclusive farm use pursuant to Goal 3 and OAR chapter 660, division
			 033.
(f) "Mineral resources" are
			 those materials and substances described in ORS
			 517.750(7)
			 but excluding materials and substances described as "aggregate resources" under
			 subsection (a) of this section.
(g)
			 "Minimize a conflict" means to reduce an identified conflict to a level that is
			 no longer significant. For those types of conflicts addressed by local, state,
			 or federal standards (such as the Department of Environmental Quality standards
			 for noise and dust levels), to "minimize a conflict" means to ensure
			 conformance to the applicable standard.
(h) "Mining" is the extraction and processing
			 of mineral or aggregate resources, as defined in ORS
			 215.298(1)(b)
			 for farmland, and in ORS
			 517.750 for land other than farmland.
(i)
			 "Mining area" is the area of a site within which mining is permitted or
			 proposed, excluding undisturbed buffer areas or areas on a parcel where mining
			 is not authorized.
(j) "Processing"
			 means the activities described in ORS
			 517.750(10).
(k) "Protect" means to adopt land use
			 regulations for a significant mineral or aggregate site in order to authorize
			 mining of the site. For purposes of subsection (2)(d) of this rule, "protect"
			 also means to limit or prohibit new conflicting uses within the impact area of
			 the site.
(l) "Thickness of the
			 aggregate layer" means the depth of the water-lain deposit of sand, stones, and
			 pebbles of sand-sized fraction or larger, minus the depth of the topsoil and
			 nonaggregate overburden.
(m)
			 "Willamette Valley" means Clackamas, Columbia, Linn, Marion, Multnomah, Polk,
			 Washington, and Yamhill counties and the portions of Lane and Benton Counties
			 east of the summit of the Coast Range.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0190 - Energy Sources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule,
(a) "Energy source"
			 includes naturally occurring locations, accumulations, or deposits of one or
			 more of the following resources used for the generation of energy: natural gas,
			 surface water (i.e., dam sites), geothermal, solar, and wind areas. Energy
			 sources applied for or approved through the Oregon Energy Facility Siting
			 Council (EFSC) or the Federal Energy Regulatory Commission (FERC) shall be
			 deemed significant energy sources for purposes of Goal 5.
(b) "Protect," for energy sources, means to
			 adopt plan and land use regulations for a significant energy source that limit
			 new conflicting uses within the impact area of the site and authorize the
			 present or future development or use of the energy source at the
			 site.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0220 - Open Space

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, "open space" includes parks, forests, wildlife
			 preserves, nature reservations or sanctuaries, and public or private golf
			 courses.
(2) Local governments are
			 not required to amend acknowledged comprehensive plans in order to identify new
			 open space resources. If local governments decide to amend acknowledged plans
			 in order to provide or amend open space inven-tories, the requirements of OAR
			 660-023-0030  through 660-023-0050  shall apply, except as set forth in section
			 (3) of this rule.
(3) Local
			 governments may adopt a list of significant open space resource sites as an
			 open space acquisition program. Local governments are not required to apply the
			 requirements of OAR 660-023-0030  through 660-023-0050  to such sites unless land
			 use regulations are adopted to protect such sites prior to
			 acquisition.
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 660-023-0230 - Scenic Views and Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule, "scenic views and sites" are lands that are valued
			 for their aesthetic appearance.
(2)
			 Local governments are not required to amend acknowledged comprehensive plans in
			 order to identify scenic views and sites. If local govern-ments decide to amend
			 acknowledged plans in order to provide or amend inventories of scenic
			 resources, the requirements of OAR 660-023-0030  through 660-023-0050  shall
			 apply.
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 660-023-0240 - Relationship of Goal 5 to Other Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The requirements of Goal 5 do not apply
			 to the adoption of measures required by Goals 6 and 7. However, to the extent
			 that such measures exceed the requirements of Goals 6 or 7 and affect a Goal 5
			 resource site, the local government shall follow all applicable steps of the
			 Goal 5 process.
(2) The
			 requirements of Goals 15, 16, 17, and 19 shall supersede requirements of this
			 division for natural resources that are also subject to and regulated under one
			 or more of those goals. However, local governments may rely on a Goal 5
			 inventory produced under OAR 660-023-0030  and other applicable inventory
			 requirements of this division to satisfy the inventory requirements under Goal
			 17 for resource sites subject to Goal 17.
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 660-023-0250 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 replaces OAR 660, Division 16, except with regard to cultural resources, and
			 certain PAPAs and periodic review work tasks described in sections (2) and (4)
			 of this rule. Local governments shall follow the procedures and requirements of
			 this division or OAR 660, Division 16, whichever is applicable, in the adoption
			 or amendment of all plan or land use regulations pertaining to Goal 5
			 resources. The requirements of Goal 5 do not apply to land use decisions made
			 pursuant to acknowledged comprehensive plans and land use
			 regulations.
(2) The requirements
			 of this division are applicable to PAPAs initiated on or after September 1,
			 1996. OAR 660, Division 16 applies to PAPAs initiated prior to September 1,
			 1996. For purposes of this section "initiated" means that the local government
			 has deemed the PAPA application to be complete.
(3) Local governments are not required to
			 apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5
			 resource. For purposes of this section, a PAPA would affect a Goal 5 resource
			 only if:
(a) The PAPA creates or amends a
			 resource list or a portion of an acknowledged plan or land use regulation
			 adopted in order to protect a significant Goal 5 resource or to address
			 specific requirements of Goal 5;
(b) The PAPA allows new uses that could be
			 conflicting uses with a particular significant Goal 5 resource site on an
			 acknowledged resource list; or
(c)
			 The PAPA amends an acknowledged UGB and factual information is submitted
			 demonstrating that a resource site, or the impact areas of such a site, is
			 included in the amended UGB area.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0000 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in this division clarify
			 procedures and requirements of Goal 14 regarding a local government adoption or
			 amendment of an urban growth boundary (UGB). The rules in this division do not
			 apply to the simplified UGB process under OAR chapter 660, division 38.
(2) The rules in this division
			 interpret Goal 14 as amended by the Land Conservation and Development
			 Commission (LCDC or commission) on or after April 28, 2005, and are not
			 applicable to plan amendments or land use decisions governed by previous
			 versions of Goal 14 still in effect.
(3) The rules in this division adopted on
			 October 5, 2006, are effective April 5, 2007. The rules in this division
			 amended on March 20, 2008, are effective April 18, 2008. The rules in this
			 division adopted March 13, 2009, and amendments to rules in this division
			 adopted on that date, are effective April 16, 2009, except as follows:
(a) A local government may choose to not
			 apply this division to a plan amendment concerning the evaluation or amendment
			 of a UGB, regardless of the date of that amendment, if the local government
			 initiated the evaluation or amendment of the UGB prior to April 5, 2007;
(b) For purposes of this rule,
			 "initiated" means that the local government either:
(A) Issued the public notice specified in OAR
			 660-018-0020  for the proposed plan amendment concerning the evaluation or
			 amendment of the UGB; or
(B)
			 Received LCDC approval of a periodic review work program that includes a work
			 task to evaluate the UGB land supply or amend the UGB;
(c) A local government choice whether to
			 apply this division must include the entire division and may not differ with
			 respect to individual rules in the division.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In this division, the definitions in the statewide goals and
				the following definitions apply:
(1)
			 "Buildable Land" is a term applying to residential land only, and has the same
			 meaning as provided in OAR 660-008-0005(2).
(2) "EOA" means an economic opportunities
			 analysis carried out under OAR 660-009-0015.
(3) "Housing need" or "housing need analysis"
			 refers to a local determination as to the needed amount, types and densities of
			 housing that will be:
(a) Commensurate with
			 the financial capabilities of present and future area residents of all income
			 levels during the 20-year planning period;
(b) Consistent with any adopted regional
			 housing standards, state statutes regarding housing need and with Goal 10 and
			 rules interpreting that goal; and
(c) Consistent with Goal 14
			 requirements.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0020 - Adoption or Amendment of a UGB

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All statewide goals and related
			 administrative rules are applicable when establishing or amending a UGB, except
			 as follows:
(a) The exceptions process in
			 Goal 2 and OAR chapter 660, division 4, is not applicable unless a local
			 government chooses to take an exception to a particular goal requirement, for
			 example, as provided in OAR 660-004-0010(1);
(b) Goals 3 and 4 are not
			 applicable;
(c) Goal 5 and related
			 rules under OAR chapter 660, division 23, apply only in areas added to the UGB,
			 except as required under OAR 660-023-0070  and 660-023-0250;
(d) The transportation planning rule
			 requirements under OAR 660-012-0060  need not be applied to a UGB amendment if
			 the land added to the UGB is zoned as urbanizable land, either by retaining the
			 zoning that was assigned prior to inclusion in the boundary or by assigning
			 interim zoning that does not allow development that would generate more vehicle
			 trips than development allowed by the zoning assigned prior to inclusion in the
			 boundary;
(e) Goal 15 is not
			 applicable to land added to the UGB unless the land is within the Willamette
			 River Greenway Boundary;
(f) Goals
			 16 to 18 are not applicable to land added to the UGB unless the land is within
			 a coastal shorelands boundary;
(g)
			 Goal 19 is not applicable to a UGB amendment.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  197.040, Statewide Planning Goal
				  14, 195.034
Stats. Implemented: ORS
				  195.036,
				  197.015,
				  197.295 -
				  197.314,
				  197.610 -
				  197.650,
				  197.764,
				  195.034
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0040 - Land Need

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 UGB must be based on the appropriate 20-year population forecast for the urban
			 area as determined under rules in OAR chapter 660, division 32, and must
			 provide for needed housing, employment and other urban uses such as public
			 facilities, streets and roads, schools, parks and open space over the 20-year
			 planning period consistent with the land need requirements of Goal 14 and this
			 rule. The 20-year need determinations are estimates which, although based on
			 the best available information and methodologies, should not be held to an
			 unreasonably high level of precision. Local governments in Crook, Deschutes or
			 Jefferson Counties may determine the need for Regional Large-Lot Industrial
			 Land by following the provisions of OAR 660-024-0045  for areas subject to that
			 rule.
(2) If the UGB analysis or
			 amendment is conducted as part of a periodic review work program, the 20-year
			 planning period must commence on the date initially scheduled for completion of
			 the appropriate work task. If the UGB analysis or amendment is conducted as
			 part of a sequential UGB approval, the 20-year planning period will be
			 established in the work program issued pursuant to OAR 660-025-0185. If the UGB
			 analysis or amendment is conducted as a post-acknowledgement plan amendment
			 under ORS
			 197.610 to
			 197.625,
			 the 20-year planning period must commence either:
(a) On the date initially scheduled for final
			 adoption of the amendment specified by the local government in the initial
			 notice of the amendment required by OAR 660-018-0020; or
(b) If more recent than the date determined
			 in subsection (a), at the beginning of the 20-year period specified in the
			 appropriate coordinated population forecast for the urban area as determined
			 under rules in OAR chapter 660, division 32, unless ORS
			 197.296 requires a different date for local governments subject to that
			 statute.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0045 - Regional Large Lot Industrial Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local governments in Crook, Deschutes or
			 Jefferson Counties may determine a need for large lot industrial land in the
			 region and provide sites to meet that need in accordance with this
			 rule.
(2) In addition to the
			 definitions in OAR 660-024-0010, the following definitions apply to this rule:
(a) "Analysis" means the document that
			 determines the regional large lot industrial land need within Crook, Deschutes,
			 or Jefferson County that is not met by the participating local governments'
			 comprehensive plans at the time the analysis is adopted. The analysis shall
			 also identify necessary site characteristics of needed land.
(b) "COIC" means the Central Oregon
			 Intergovernmental Council.
(c)
			 "Intergovernmental Agreement (IGA)" means the document adopted by the three
			 counties and any participating city to implement the provisions of the
			 analysis.
(d) "Participating city"
			 means a city within Crook, Deschutes, or Jefferson County that has adopted the
			 analysis and entered into the intergovernmental agreement to implement the
			 provisions of the analysis.
(e)
			 "Participating local government" means Crook, Deschutes, and Jefferson
			 Counties, and participating cities.
(f) "Regional large lot industrial land need"
			 means the need for a specific type of 20-year employment land need, as
			 described in OAR 660-024-0040(1) and (5), that is determined based upon the
			 analysis.
(g) "Site" means land in
			 the region that:
(A) Provides the site
			 characteristics necessary for traded sector uses as set forth in the
			 analysis;
(B) Is 50 acres or larger
			 as provided in section (3) of this rule; and
(C) Is determined to be "available," as that
			 term is defined in OAR 660-009-0025(7), for regional large-lot industrial users
			 and for purposes identified by the analysis.
(h) "Site characteristics" has the meaning
			 given that term in OAR 660-009-0005(1).
(i) "Traded Sector use" has the meaning given
			 that term in ORS 285B.280.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0050 - Land Inventory and Response to Deficiency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When evaluating or amending a UGB, a
			 local government must inventory land inside the UGB to determine whether there
			 is adequate development capacity to accommodate 20-year needs determined in OAR
			 660-024-0040. For residential land, the buildable land inventory must include
			 vacant and redevelopable land, and be conducted in accordance with OAR
			 660-007-0045  or 660-008-0010, whichever is applicable, and ORS 197.296 for
			 local governments subject to that statute. For employment land, the inventory
			 must include suitable vacant and developed land designated for industrial or
			 other employment use, and must be conducted in accordance with OAR
			 660-009-0015.
(2) As safe harbors,
			 a local government, except a city with a population over 25,000 or a
			 metropolitan service district described in ORS 197.015(13), may use the
			 following assumptions to inventory the capacity of buildable lands to
			 accommodate housing needs:
(a) The in fill
			 potential of developed residential lots or parcels of one-half acre or more may
			 be determined by subtracting one-quarter acre (10,890 square feet) for the
			 existing dwelling and assuming that the remainder is buildable land;
(b) Existing lots of less than one-half acre
			 that are currently occupied by a residence may be assumed to be fully
			 developed.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0060 - Metro Boundary Location Alternatives Analysis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When considering a Metro UGB amendment,
			 Metro must determine which land to add by evaluating alternative urban growth
			 boundary locations. For Metro, this determination must be consistent with the
			 priority of land specified in ORS 197.298 and the boundary location factors of
			 Goal 14, as follows:
(a) Beginning with the
			 highest priority of land available, Metro must determine which land in that
			 priority is suitable to accommodate the need deficiency determined under OAR
			 660-024-0050.
(b) If the amount of
			 suitable land in the first priority category exceeds the amount necessary to
			 satisfy the need deficiency, Metro must apply the location factors of Goal 14
			 to choose which land in that priority to include in the Metro UGB.
(c) If the amount of suitable land in the
			 first priority category is not adequate to satisfy the identified need
			 deficiency, Metro must determine which land in the next priority is suitable to
			 accommodate the remaining need, and proceed using the same method specified in
			 subsections (a) and (b) of this section until the land need is accommodated.
(d) Notwithstanding subsection (a)
			 to (c) of this section, Metro may consider land of lower priority as specified
			 in ORS 197.298(3).
(e) For
			 purposes of this section, the determination of suitable land to accommodate
			 land needs must include consideration of any suitability characteristics
			 specified under section (5) of this rule, as well as other provisions of law
			 applicable in determining whether land is buildable or suitable.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0065 - Establishment of Study Area to Evaluate Land for Inclusion in the UGB

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 considering a UGB amendment to accommodate a need deficit identified in OAR
			 660-024-0050(4), a city outside of Metro must determine which land to add to
			 the UGB by evaluating alternative locations within a "study area" established
			 pursuant to this rule. To establish the study area, the city must first
			 identify a "preliminary study area" which shall not include land within a
			 different UGB or the corporate limits of a city within a different UGB. The
			 preliminary study area shall include:
(a) All
			 lands in the city's acknowledged urban reserve, if any;
(b) All lands that are within the following
			 distance from the acknowledged UGB:
(A) For
			 cities with a UGB population less than 10,000: one-half mile;
(B) For cities with a UGB population equal to
			 or greater than 10,000: one mile;
(c) All exception areas contiguous to an
			 exception area that includes land within the distance specified in subsection
			 (b) and that are within the following distance from the acknowledged UGB:
(A) For cities with a UGB population less
			 than 10,000: one mile;
(B) For
			 cities with a UGB population equal to or greater than 10,000: one and one-half
			 miles;
(d) At the
			 discretion of the city, the preliminary study area may include land that is
			 beyond the distance specified in subsections (b) and (c).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0067 - Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A city
			 considering a UGB amendment must decide which land to add to the UGB by
			 evaluating all land in the study area determined under OAR 660-024-0065, as
			 follows
(a) Beginning with the highest
			 priority category of land described in section (2), the city must apply section
			 (5) to determine which land in that priority category is suitable to satisfy
			 the need deficiency determined under OAR 660-024-0050  and select for inclusion
			 in the UGB as much of the land as necessary to satisfy the need.
(b) If the amount of suitable land in the
			 first priority category is not sufficient to satisfy all the identified need
			 deficiency, the city must apply section (5) to determine which land in the next
			 priority is suitable and select for inclusion in the UGB as much of the
			 suitable land in that priority as necessary to satisfy the need. The city must
			 proceed in this manner until all the land need is satisfied, except as provided
			 in OAR 660-024-0065(9).
(c) If the
			 amount of suitable land in a particular priority category in section (2)
			 exceeds the amount necessary to satisfy the need deficiency, the city must
			 choose which land in that priority to include in the UGB by applying the
			 criteria in section (7) of this rule.
(d) In evaluating the sufficiency of land to
			 satisfy a need under this section, the city may use the factors identified in
			 sections (5) and (6) of this rule to reduce the forecast development capacity
			 of the land to meet the need.
(e)
			 Land that is determined to not be suitable under section (5) of this rule to
			 satisfy the need deficiency determined under OAR 660-024-0050  is not required
			 to be selected for inclusion in the UGB unless its inclusion is necessary to
			 serve other higher priority lands.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0070 - UGB Adjustments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 local government may adjust the UGB at any time to better achieve the purposes
			 of Goal 14 and this division. Such adjustment may occur by adding or removing
			 land from the UGB, or by exchanging land inside the UGB for land outside the
			 UGB. The requirements of section (2) of this rule apply when removing land from
			 the UGB. The requirements of Goal 14 and this division[and ORS 197.298] apply
			 when land is added to the UGB, including land added in exchange for land
			 removed. The requirements of ORS 197.296 may also apply when land is added to a
			 UGB, as specified in that statute. If a local government exchanges land inside
			 the UGB for land outside the UGB, the applicable local government must adopt
			 appropriate rural zoning designations for the land removed from the UGB prior
			 to or at the time of adoption of the UGB amendment and must apply applicable
			 location and priority provisions of OAR 660-024-0060  through 660-020-0067.
(2) A local government may remove
			 land from a UGB following the procedures and requirements of ORS 197.764.
			 Alternatively, a local government may remove land from the UGB following the
			 procedures and requirements of 197.610 to 197.650, provided it determines:
(a) The removal of land would not violate
			 applicable statewide planning goals and rules;
(b) The UGB would provide a 20-year supply of
			 land for estimated needs after the land is removed, or would provide roughly
			 the same supply of buildable land as prior to the removal, taking into
			 consideration land added to the UGB at the same time;
(c) Public facilities agreements adopted
			 under ORS 195.020 do not intend to provide for urban services on the subject
			 land unless the public facilities provider agrees to removal of the land from
			 the UGB and concurrent modification of the agreement;
(d) Removal of the land does not preclude the
			 efficient provision of urban services to any other buildable land that remains
			 inside the UGB; and
(e) The land
			 removed from the UGB is planned and zoned for rural use consistent with all
			 applicable laws.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 24 - URBAN GROWTH BOUNDARIES › Section 660-024-0075 - Airport Economic Development Pilot Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, the
			 following definitions apply in addition to those in OAR 660-024-0010:
(a) "Approved airport master plan" means a
			 comprehensive study of an airport describing the short-, medium-, and long-term
			 development plans to meet future aviation demand with any necessary approval
			 from the Federal Aviation Administration and adoption as a component of the
			 comprehensive plan.
(b) "Master
			 plan for economic development" means a written plan or plansdeveloped by a city
			 for a proposed pilot program site that explains how development of the proposed
			 pilot program site will advance the city's economic development goals contained
			 in the comprehensive plan; how the city expects urbanization of the proposed
			 pilot program site to promote economic development, industry growth, and job
			 creation that would not otherwise occur at other locations in the urban area;
			 and how the site will be served with public facilities and services.
(c) "Pilot program site" means the land
			 included in the nomination for the pilot program under section (3) and selected
			 for the program under section (4).
(d) "Public facilities and services" means
			 water, sanitary sewer, storm water management, transportation facilities, and
			 emergency services.
(e) "Traded
			 sector" has the meaning provided in ORS
			 285B.280.