reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 31 - STATE PERMIT COMPLIANCE AND COMPATIBILITY › Section 660-031-0012 - Listing of Class A and Class B State Agency Permits Affecting Land Use Consistency Review Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Class A Permits:
(a) Department of Energy (DOE) -- Energy
			 Facility Site Certificates;
(b)
			 Department of Fish and Wildlife (DFW) -- Salmon Hatchery Permit;
(c) Division of State Lands (DSL) -- Fill and
			 Removal Permit;
(d) Department of
			 Transportation (DOT) -- Ocean Shore Improvement Permit;
(e) Department of Environmental Quality --
			 Hazardous Waste Disposal, Collection or Storage Permit.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 31 - STATE PERMIT COMPLIANCE AND COMPATIBILITY › Section 660-031-0015 - Identification of Class A and Class B Permits

Current through Register Vol. 63, No. 7, July 1, 2024
Affected state agencies shall upon request of the Commission
				submit a program for permit consistency listing their Class A and Class B
				permits affecting land use including those set forth in
Appendix
				1
. Upon submitting its program to the Commission, an agency may request
				a change in the designation of Class A and Class B permits.
The Appendix referenced in this rule is available from the
				  agency.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 31 - STATE PERMIT COMPLIANCE AND COMPATIBILITY › Section 660-031-0020 - Review Criteria for Class A and B Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where the affected local government does
			 not have an Acknowledged Comprehensive Plan, the state agency's or local
			 government's review shall assess whether or not the proposed activity and use
			 are in compliance with the Statewide Planning Goals.
(2) Where the affected local government has
			 an Acknowledged Comprehensive Plan, the state agency or local government review
			 shall address compatibility with the Acknowledged Comprehensive Plan when the
			 activity or use is:
(a) Prohibited by the
			 plan;
(b) Allowed outright by the
			 plan;
(c) Allowed by the plan but
			 subject to standards regarding siting, design, construction and/or operation;
			 or
(d) Allowed by the plan but
			 subject to future goal considera-tions by the local jurisdiction.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 31 - STATE PERMIT COMPLIANCE AND COMPATIBILITY › Section 660-031-0026 - Compliance and Compatibility Review Procedures for Class A and B Permits

Current through Register Vol. 63, No. 7, July 1, 2024
State Agency Coordination Agreements shall describe the process
				the agency will use to assure that permit approvals are in compliance with
				Statewide Planning Goals and compatible with Acknowledged Comprehensive
				Plans:
(1) Class A Permits: In their
			 review of Class A permits state agencies shall:
(a) Include in the notice for the proposed
			 permit a statement that the proposed activity and use are being reviewed for
			 compliance with the Statewide Planning Goals and compatibility with the
			 Acknowledged Comprehensive Plan as part of the permit review;
(b) Insure that the notice for the proposed
			 permit is distributed to the affected city(ies) or county(ies) and its citizen
			 advisory committee;
(c) When there
			 is a public hearing on a proposed permit, consider testimony on compliance of
			 the proposed activity and use with the Statewide Planning Goals and compatible
			 with the Acknowledged Comprehensive Plan;
(d)
(A)
			 Based on comments received from the public and other agencies, determine
			 whether or not the proposed permit complies with the Statewide Planning Goals
			 and is compatible with the Acknowledged Comprehensive Plan;
(B) If a state agency's existing process for
			 administration of Class A permits is substantially equivalent to the process
			 required by this section, the agency may request LCDC approval of its existing
			 process as described in its agency coordination agreement.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 31 - STATE PERMIT COMPLIANCE AND COMPATIBILITY › Section 660-031-0030 - Effect of a Determination of Noncompliance or Incompatibility

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with OAR 660-031-0020  when a state agency or
				local government determines that a proposed activity or use is not in
				compliance with an applicable Statewide Planning Goal or not compatible with
				the Acknowledged Comprehensive Plan, the state agency shall deny the state
				permit and cite the inconsistency as the basis for denial. State agencies may
				defer approval or conditionally approve a permit when compliance with a
				Statewide Planning Goal or the Acknowledged Comprehensive Plan requires an
				action that can only be taken by the affected local
				government.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 31 - STATE PERMIT COMPLIANCE AND COMPATIBILITY › Section 660-031-0035 - Reliance on the Local Government's Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Class A Permits: When making findings,
			 state agencies may use the affected local government's compatibility
			 determination when the agency finds the affected local government has
			 determined that the proposed activity and use are compatible or incompatible
			 with its Acknowledged Comprehensive Plan.
(2) Class B Permits: State agencies may rely
			 on the affected local government's determination of consistency with the
			 Statewide Planning Goals and compatibility with the Acknowledged Comprehensive
			 Plan when the local government makes written findings demonstrating compliance
			 with the goals or compatibility with the acknowledged plan in accordance with
			 OAR 660-031-0026(2)(b)(B).
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 31 - STATE PERMIT COMPLIANCE AND COMPATIBILITY › Section 660-031-0040 - Renewal Permits

Current through Register Vol. 63, No. 7, July 1, 2024
A determination of compliance with the Statewide Planning Goals
				or compatibility with Acknowledged Comprehensive Plan is not required if the
				proposed permit is a renewal of an existing permit except when the proposed
				permit would allow a substantial modification or intensification of the
				permitted activity. Substantial modifications or intensification shall be
				defined in an agencies' State Agency Coordination Agreement under ORS
				197.180.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 32 - Oregon State Archives › Section 660-032-0000 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The rules in this division provide standards and procedures to implement ORS
			 195.033 to
			 195.036 and statewide planning
			 Goals regarding population forecasts for land use planning purposes.
(2) The rules in this division do not apply
			 to a review of a final land use decision or periodic review work task adopted
			 by a local government and submitted to the Department of Land Conservation for
			 review under ORS 197.626 or
			 197.633 prior to the effective
			 date of this rule.
Stat. Auth.: ORS
				  197.040 &195.033(10)
Stats. Implemented: ORS
				  195.033,
				  195.036 & OL 2013 Ch. 574,
				  Sec. 3
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 32 - Oregon State Archives › Section 660-032-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this division, the definitions in ORS
			 197.015 and the Statewide Land
			 Use Planning Goals (OAR chapter 660, division 15) apply, except as provided in
			 sections (4) and (8) of this rule.
(2) "Final Forecast" means the final
			 population forecast issued by the Portland State University Population Research
			 Center (PRC) for land use purposes as required by ORS
			 195.033 and as provided in OAR
			 577-050-0030 to 577-050-0060.
(3)
			 "Initiates" means that the local government either:
(a) Issues a public notice specified in OAR
			 660-018-0020, including a notice to the department, for a proposed plan
			 amendment that concerns a subject described in 660-032-0040(2); or
(b) Receives the Director's approval, as
			 provided in OAR 660-025-0110, of a periodic review work program that includes a
			 work task concerning a subject described in 660-032-0040(2).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 32 - Oregon State Archives › Section 660-032-0020 - Population Forecasts for Land Use Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local government with land use
			 jurisdiction over land that is outside the Metro boundary shall apply the most
			 recent final forecast issued by the PRC under OAR 577-050-0030 through
			 577-050-0060, when changing a comprehensive plan or land use regulation that
			 concerns such land, when the change is based on or requires the use of a
			 population forecast, except that a local government may apply an interim
			 forecast as provided in 660-032-0040.
(2) A local government within the Metro
			 boundary shall apply the Metro forecast described in OAR 660-0032-0030 when
			 changing a regional framework plan, comprehensive plan or land use regulation
			 of the local government, when the change is based on or requires the use of a
			 population forecast.
(3) When a
			 state agency or special district adopts or amends a plan or takes an action
			 which, under Statewide Planning Goal 2 or other law, must be consistent with
			 the comprehensive plan of a local government described in section (1) of this
			 rule, and which is based on or requires the use of a population forecast, and
			 if the local government has not adopted the most recent PRC final forecast as
			 part of the plan, the most recent PRC final forecast shall be considered to be
			 the long range forecast in the comprehensive plan, except as provided in OAR
			 660-032-0040.
(4) When applying a
			 PRC forecast for a particular planning period, the local government shall use
			 the annual increments provided in the applicable forecast, and shall not adjust
			 the forecast for the start-year or for other years of the planning period
			 except as provided in PRC's interpolation template described in OAR
			 577-050-0040.
(5) If a local
			 government outside the Metro boundary initiates a periodic review or any other
			 legislative review of its comprehensive plan that concerns an urban growth
			 boundary or other matter authorized by OAR 660-032-0040(2)  after the Portland
			 State University Population Research Center issues a final population forecast
			 for the local government, but prior to the issuance of a final forecast by PRC
			 in the subsequent forecasting cycle described in OAR 577-050-0040(7), the local
			 government may continue its review using the forecast issued in PRC's previous
			 forecasting cycle.
Stat. Auth.: ORS
				  197.040 &195.033(10)
Stats. Implemented: ORS
				  195.033,
				  195.036 & OL 2013 Ch. 574,
				  Sec. 3
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 32 - Oregon State Archives › Section 660-032-0030 - Metro Area Population Forecasts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Metro, in coordination with local
			 governments within its boundary, shall issue a coordinated population forecast
			 for the entire area within its boundary, to be applied by Metro and local
			 governments within the boundary as the basis for a change to a regional
			 framework plan, comprehensive plan or land use regulation, when such change
			 must be based on or requires the use of a population forecast.
(2) Metro shall allocate the forecast to the
			 cities and portions of counties within the Metro boundary for land use planning
			 purposes.
(3) In adopting its
			 coordinated forecast, Metro must follow applicable procedures and requirements
			 in this rule and ORS 197.610 to
			 197.650, and must provide notice
			 to state agencies and all local governments in the Metro area. The forecast
			 must be adopted as part of the applicable regional or local plan.
(4) The Metro forecast must be developed
			 using commonly accepted practices and standards for population forecasting used
			 by professional practitioners in the field of demography or economics. The
			 forecast must be based on current, reliable and objective sources and
			 verifiable factual information, and must take into account documented long-term
			 demographic trends as well as recent events that have a reasonable likelihood
			 of changing historical trends. Metro must coordinate with the PRC in the
			 development and allocation of its forecast.
(5) The population forecast developed under
			 the provisions of (1) through (4) of this rule is a prediction which, although
			 based on the best available information and methodology, should not be held to
			 an unreasonably high level of precision. For a forecast used as a basis for a
			 decision adopting or amending the Metro regional urban growth boundary
			 submitted to the Department of Land Conservation and Development (DLCD) under
			 ORS 197.626, the director of DLCD or
			 the Land Conservation and Development Commission may approve the forecast
			 provided it finds that any failure to meet a particular requirement of this
			 rule is insignificant and is unlikely to have a significant effect on the
			 determination of long term needs for the Metro urban area under OAR
			 660-024-0040.
Stat. Auth.: ORS
				  197.040 &195.033(10)
Stats. Implemented: ORS
				  195.033,
				  195.036 & OL 2013 Ch. 574,
				  Sec. 3
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 32 - Oregon State Archives › Section 660-032-0040 - Interim Forecasts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 a local government outside the Metro boundary initiates a periodic review or
			 other legislative review of its comprehensive plan that concerns an urban
			 growth boundary or a matter authorized by section (2) of this rule before the
			 date the PRC issues a final population forecast for the local government in the
			 first forecasting cycle described in OAR 577-050-0040(7), the local government
			 may continue its review using the population forecast that was acknowledged
			 before the review was initiated, provided the forecast was:
(a) Adopted by the local government not more
			 than 10 years before the date of initiation, as a part of the comprehensive
			 plan, consistent with the requirements of ORS
			 195.034 and
			 195.036 as those sections were
			 in effect immediately before July 1, 2013, and
(b) Acknowledged as provided in ORS
			 197.251 or
			 197.625 prior to the effective
			 date of this rule.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to preserve and maintain
				agricultural lands as defined by Goal 3 for farm use, and to implement ORS
				215.203 through
				215.327 and
				215.438 through
				215.459 and
				215.700 through
				215.799.
Stat. Auth.: ORS 183,
				  197.040,
				  197.230 &
				  197.245
Stats. Implemented: ORS
				  197.015,
				  197.040,
				  197.230,
				  197.245,
				  215.203,
				  215.243 &
				  215.700
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division, the definitions in ORS
				197.015, the Statewide Planning
				Goals, and OAR chapter 660 shall apply. In addition, the following definitions
				shall apply:
(1)
(a) "Agricultural Land" as defined in Goal 3
			 includes:
(A) Lands classified by the U.S.
			 Natural Resources Conservation Service (NRCS) as predominantly Class I-IV soils
			 in Western Oregon and I-VI soils in Eastern Oregon;
(B) Land in other soil classes that is
			 suitable for farm use as defined in ORS
			 215.203(2)(a),
			 taking into consideration soil fertility; suitability for grazing; climatic
			 conditions; existing and future availability of water for farm irrigation
			 purposes; existing land use patterns; technological and energy inputs required;
			 and accepted farming practices; and
(C) Land that is necessary to permit farm
			 practices to be undertaken on adjacent or nearby agricultural lands.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0045 - Soils Assessments by Professional Soil Classifiers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A "professional soil classifier" means
			 any professional in good standing with the Soil Science Society of America
			 (SSSA) who the SSSA has certified to have met its requirements that existed as
			 of October 1, 2011 for:
(a) Certified
			 Professional Soil Classifier; or
(b) Certified Professional Soil Scientist,
			 and who has been determined by an independent panel of soils professionals as
			 defined in section (8) of this rule to have:
(A) Completed five semester hours in soil
			 genesis, morphology and classification;
(B) At least five years of field experience
			 in soils classification and mapping that meets National Cooperative Soil Survey
			 standards, as maintained by the NRCS, or three years of field experience if the
			 applicant holds an MS or PhD degree; and
(C) Demonstrated competence in practicing
			 soils classification and mapping without direct supervision, based on published
			 SSSA standards.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0080 - Designation of High-Value Farmland

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission may review comprehensive
			 plan and land use regulations related to the identification and designation of
			 high-value farmland under procedures set forth in ORS
			 197.251 or
			 197.628 through
			 197.644.
(2) Counties shall submit maps of high-value
			 farmland described in OAR 660-033-0020(8)  and such amendments of their plans
			 and land use regulations as are necessary to implement the requirements of this
			 division to the commission for review. Counties shall submit high-value
			 farmland maps no later than the time of the first periodic review after
			 December 31, 1994. The submittal shall include the notice required by OAR
			 chapter 660, division 18 or 25, whichever applies.
Stat. Auth.: ORS
				  197.040,
				  197.230&
				  197.245
Stats. Implemented: ORS
				  197.015,
				  197.040,
				  197.230,
				  197.245,
				  215.203,
				  215.243 &
				  215.700 -
				  215.710
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0090 - Uses on High-Value and Non High-Value Farmland

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Uses on land identified as high-value
			 farmland and uses on land not identified as high-value farmland shall be
			 limited to those specified in OAR 660-033-0120. Except as provided for in
			 section (2) of this rule, counties shall apply zones that qualify as exclusive
			 farm use zones under ORS chapter 215 to "agricultural land" as identified under
			 OAR 660-033-0030, which includes land identified as high-value farmland and
			 land not identified as high-value farmland.
(2) "Abandoned mill sites" may be zoned for
			 industrial use as provided for by ORS
			 197.719.
Stat. Auth.: ORS
				  197.040 & 215
Stats. Implemented: ORS
				  197.015,
				  197.040,
				  197.230,
				  197.245,
				  197.719,
				  215.203,
				  215.243,
				  215.283 &
				  215.700 -
				  215.710
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0100 - Minimum Parcel Size Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Counties shall establish minimum sizes
			 for new parcels for land zoned for exclusive farm use. For land not designated
			 rangeland, the minimum parcel size shall be at least 80 acres. For land
			 designated rangeland, the minimum parcel size shall be at least 160
			 acres.
(2) A county may adopt a
			 minimum parcel size lower than that described in section (1) of this rule by
			 demonstrating to the Commission that it can do so while continuing to meet the
			 requirements of ORS
			 215.243 and that parcel sizes below the 80 or 160 acre minimum sizes are appropriate to
			 maintain the existing commercial agricultural enterprise within an area. This
			 standard is intended to prevent division of farmland into parcels that are too
			 small to contribute to commercial agriculture in an area. This standard does
			 not require that every new parcel created be as large as existing farms or
			 ranches in an area. The minimum parcel size may allow creation of parcels
			 smaller than the size of existing farms or ranches. However, the minimum parcel
			 size shall be large enough to keep commercial farms and ranches in the area
			 successful and not contribute to their decline. Lots or parcels used, or to be
			 used, for training or stabling facilities shall not be considered appropriate
			 to maintain the existing commercial agricultural enterprise in any area where
			 other types of agriculture occur.
(a) To
			 determine a minimum parcel size under this section, the county shall complete
			 the following steps:
(A) Identify different
			 agricultural areas within the county, if any;
(B) Determine the nature of the commercial
			 agricultural enterprise in the county, or within areas of the county;
(C) Identify the type(s) and size(s) of farms
			 or ranches that comprise this commercial agricultural enterprise; and
(D) Determine the minimum size for new
			 parcels that will maintain this commercial agricultural enterprise.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0120 - Uses Authorized on Agricultural Lands

Current through Register Vol. 63, No. 7, July 1, 2024
The specific development and uses listed in the following table
				are allowed in the areas that qualify for the designation pursuant to this
				division. All uses are subject to the general provisions, special conditions,
				additional restrictions and exceptions set forth in this division. The
				abbreviations used within the table shall have the following meanings:
(1) "A" Use is allowed. Authorization of some
			 uses may require notice and the opportunity for a hearing because the
			 authorization qualifies as a land use decision pursuant to ORS Chapter 197.
			 Minimum standards for uses in the table that include a numerical reference are
			 specified in OAR 660-033-0130  and 660-033-0135. Counties may prescribe
			 additional limitations and requirements to meet local concerns only to the
			 extent authorized by law.
(2) "R"
			 Use may be allowed, after required review. The use requires notice and the
			 opportunity for a hearing. Minimum standards for uses in the table that include
			 a numerical reference are specified in OAR 660-033-0130. Counties may prescribe
			 additional limitations and requirements to meet local concerns.
(3) "*" - The use is not allowed.
(4) "#" - Numerical references for specific
			 uses shown in the table refer to the corresponding section of OAR 660-033-0130.
			 Where no numerical reference is noted for a use in the table, this rule does
			 not establish criteria for the use.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  197.040  & ORS
				  197.245
Statutes/Other Implemented: ORS
				  197.245,
				  ORS
				  215.203,
				  ORS
				  215.243,
				  ORS
				  215.283,
				  ORS
				  215.700  - 215.710, ORS
				  215.780,
				  ORS
				  197.230,
				  ORS
				  197.015  & ORS
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0130 - Minimum Standards Applicable to the Schedule of Permitted and Conditional Uses

Current through Register Vol. 63, No. 7, July 1, 2024
The following requirements apply to uses specified, and as
				listed in the table adopted by OAR 660-033-0120. For each section of this rule,
				the corresponding section number is shown in the table. Where no numerical
				reference is indicated on the table, this rule does not specify any minimum
				review or approval criteria. Counties may include procedures and conditions in
				addition to those listed in the table, as authorized by law.
(1) A dwelling on farmland may be considered
			 customarily provided in conjunction with farm use if it meets the requirements
			 of OAR 660-033-0135.
(2)
(a) No enclosed structure with a design
			 capacity greater than 100 people, or group of structures with a total design
			 capacity of greater than 100 people, shall be approved in connection with the
			 use within three miles of an urban growth boundary, unless an exception is
			 approved pursuant to ORS
			 197.732 and OAR chapter 660, division 4, or unless the structure is described in a
			 master plan adopted under the provisions of OAR chapter 660, division
			 34.
(b) Any enclosed structures or
			 group of enclosed structures described in subsection (a) within a tract must be
			 separated by at least one-half mile. For purposes of this section, "tract"
			 means a tract as defined by ORS
			 215.010(2)
			 that is in existence as of June 17, 2010.
(c) Existing facilities wholly within a farm
			 use zone may be maintained, enhanced or expanded on the same tract, subject to
			 other requirements of law, but enclosed existing structures within a farm use
			 zone within three miles of an urban growth boundary may not be expanded beyond
			 the requirements of this rule.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0135 - Dwellings in Conjunction with Farm Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On land not identified as high-value
			 farmland pursuant to OAR 660-033-0020(8), a dwelling may be considered
			 customarily provided in conjunction with farm use if:
(a) The parcel on which the dwelling will be
			 located is at least:
(A) 160 acres and not
			 designated rangeland; or
(B) 320
			 acres and designated rangeland; or
(C) As large as the minimum parcel size if
			 located in a zoning district with an acknowledged minimum parcel size larger
			 than indicated in paragraph (A) or (B) of this subsection.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0140 - Permit Expiration Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided for in section (5) of this rule, a discretionary decision,
			 except for a land division, made after the effective date of this division
			 approving a proposed development on agricultural or forest land outside an
			 urban growth boundary under ORS
			 215.010 to
			 215.293 and
			 215.317 to
			 215.438 or under county legislation or regulation adopted pursuant thereto is void two
			 years from the date of the final decision if the development action is not
			 initiated in that period.
(2) A
			 county may grant one extension period of up to 12 months if:
(a) An applicant makes a written request for
			 an extension of the development approval period;
(b) The request is submitted to the county
			 prior to the expiration of the approval period;
(c) The applicant states reasons that
			 prevented the applicant from beginning or continuing development within the
			 approval period; and
(d) The county
			 determines that the applicant was unable to begin or continue development
			 during the approval period for reasons for which the applicant was not
			 responsible.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0145 - Agriculture/Forest Zones

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Agriculture/forest zones may be established and uses allowed pursuant to OAR
			 660-006-0050;
(2) Land divisions in
			 agriculture/forest zones may be allowed as provided for under OAR 660-006-0055;
			 and
(3) Land may be replanned or
			 rezoned to an agriculture/forest zone pursuant to OAR 660-006-0057.
Stat. Auth.: ORS 183,
				  197.040,
				  197.230 &
				  197.245
Stats. Implemented: ORS
				  197.040, 197.213, 197.215,
				  197.230,
				  197.245,
				  197.283, 197.700,
				  197.705, 197.720,
				  197.740,
				  197.750 &
				  197.780
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0150 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  197.040,
				  197.230&
				  197.245
Stats. Implemented: ORS
				  197.015,
				  197.040,
				  197.230&
				  197.245
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0160 - Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of this division shall become effective upon
				filing.
Stat. Auth.: ORS
				  197.040,
				  197.230&
				  197.245
Stats. Implemented:
				  215
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 34 - STATE AND LOCAL PARK PLANNING › Section 660-034-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this division is to establish policies and procedures for the planning and
			 zoning of state and local parks in order to address the recreational needs of
			 the citizens of the state. This division is intended to interpret and carry out
			 requirements of Statewide Planning Goal 8 and ORS
			 195.120 to
			 195.125.
(2) In general, this division directs local
			 government planning and zoning activities regarding state and local park master
			 plans. OAR chapter 736, division 18, directs the Oregon Parks and Recreation
			 Department (OPRD) with respect to state park master planning, and does not
			 apply to local governments except where specified by this division.
Stat. Auth.: ORS
				  195.120 &
				  197.040
Stats. Implemented: ORS
				  195.120 -
				  195.125
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 34 - STATE AND LOCAL PARK PLANNING › Section 660-034-0015 - State Park Master Plans and Allowable Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OPRD adopts state park master plans as
			 administrative rules pursuant to OAR chapter 736, division 18 and ORS
			 390.180. In order to facilitate
			 the implementation of state park master plans through local government land use
			 plans, this division provides procedures and criteria for park master planning
			 and coordination.
(2) Each state
			 park master plan shall describe, through maps and text as appropriate, the
			 type, size and location of all land uses intended to occur in the park. Uses
			 listed in ORS 195.120(3) and
			 any other uses determined by OPRD may be authorized in a state park master plan
			 provided all aspects of such uses comply with statewide planning goals, ORS
			 215.296,
			 390.180, and OAR 736-018-0020  on
			 July 15, 1998, and all other applicable laws. State park master plans shall
			 include findings of compliance with statewide planning goals and ORS
			 215.296.
(3) Except where the context specifies
			 otherwise, the requirements in this division do not apply to state park master
			 plans adopted as state rules prior to July 15, 1998. However, the requirements
			 in this division do apply to amendments to such master plans when the
			 amendments are adopted after July 15, 1998.
Stat. Auth.: ORS
				  195.120 &
				  197.040
Stats. Implemented: ORS
				  195.120 -
				  195.125
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 34 - STATE AND LOCAL PARK PLANNING › Section 660-034-0020 - Coordination Procedures for Development of State Park Master Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For each state
			 park master plan developed after July 15, 1998, OPRD shall submit a preliminary
			 draft master plan to DLCD and all local governments with land use authority
			 over the subject state park property. This submittal shall occur prior to or
			 simultaneously with OPRD's initiation of the administrative rule procedure for
			 master plan adoption. At the time of the submittal, OPRD shall consult with
			 local planning officials to determine whether the proposed uses in the park
			 master plan are allowed by the acknowledged local comprehensive plan, as
			 follows:
(a) If the local government
			 determines that all of the proposed uses are allowed by the acknowledged local
			 plan, OPRD may proceed with consideration and adoption of the master plan. In
			 this case, the procedures in OAR 660-034-0020(2)  to 660-034-0030(6)  do not
			 apply. However, if the proposed uses are allowable, but only by application of
			 local conditional approval criteria that are not clear or objective, OPRD may
			 seek to amend such criteria by proceeding as described in subsection (b) of
			 this section. Upon request from OPRD, the local government shall provide
			 written confirmation that the proposed master plan is compatible with the local
			 plan.
(b) If the local government
			 determines that any of the proposed uses described in the master plan are not
			 allowed by the acknowledged local plan or implementing regulations, OPRD shall
			 submit the preliminary master plan to the local government as an application
			 for a post-acknowledgment plan amendment (PAPA).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 34 - STATE AND LOCAL PARK PLANNING › Section 660-034-0025 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 a local government objects to a proposed state park master plan, as described
			 in OAR 660-034-0020(4)  to 660-034-0020(6), OPRD shall attempt to resolve the
			 objections during the 60 day delay period specified in OAR 660-034-0020(5),
			 either through informal discussions with the local government or through formal
			 mediation.
(2) OPRD or the local
			 government may request mediation through the Oregon Consensus Program in order
			 to resolve a disagreement about uses in a preliminary draft state park master
			 plan. Such mediation shall be conducted according to the provisions of ORS
			 183.502.
(3) If OPRD and the local government engage
			 in mediation pursuant to OAR 660-034-0025(2), and if this mediation does not
			 result in timely resolution of the objection, either OPRD or the local
			 government may request a nonbinding determination by the Land Conservation and
			 Development Commission (LCDC). This determination shall be limited to issues
			 involving the compliance of OPRD's proposed state park master plan with the
			 statewide goals or related statutes or rules. Such a request shall be submitted
			 by the end of the 60-day delay period specified in OAR 660-034-0020(5), or
			 within 15 days following a withdrawal by either party from the mediation
			 proceedings described under section (2) of this rule, whichever occurs last.
			 LCDC may either agree or not agree to consider a request to issue a nonbinding
			 determination regarding the dispute.
Stat. Auth.: ORS
				  195.120 &
				  197.040
Stats. Implemented: ORS
				  195.120 -
				  195.125
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 34 - STATE AND LOCAL PARK PLANNING › Section 660-034-0030 - Local Government Implementation of State Park Master Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 60 days
			 following the effective date of the state park master plan administrative rule
			 adopted by OPRD, unless an appeal of the rule is filed, OPRD shall submit the
			 adopted master plan to all local governments with land use authority over the
			 subject state park. The submittal shall include a request that the local
			 governments take final action on the PAPA application previously filed pursuant
			 to OAR 660-034-0020(1)(b).
(2)
			 Within 150 days after receipt of an adopted master plan from OPRD, the local
			 governments shall take final action necessary to conclude the PAPA initiated
			 under OAR 660-034-0020(1)(b). Final action shall include amendments to the
			 plan, implementing ordinances, plan map and zoning map, as necessary, to:
(a) Indicate the existence of the state park
			 and its boundaries on the appropriate maps;
(b) Apply appropriate plan and zone
			 categories (a "park" zone or overlay zone is recommended); and
(c) Provide objective land use and siting
			 review criteria in order to allow development of the uses indicated in the
			 state park master plan.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 34 - STATE AND LOCAL PARK PLANNING › Section 660-034-0040 - Planning for Local Parks

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Local park providers may prepare local park master plans, and local governments
			 may amend acknowledged comprehensive plans and zoning ordinances pursuant to
			 the requirements and procedures of ORS
			 197.610 to
			 197.625 in order to implement
			 such local park plans. Local governments are not required to adopt a local park
			 master plan in order to approve a land use decision allowing parks or park uses
			 on agricultural lands under provisions of ORS
			 215.213 or
			 215.283 or on forestlands under
			 provisions of OAR 660-006-0025(4), as further addressed in sections (3) and (4)
			 of this rule. If a local government decides to adopt a local park plan as part
			 of the local comprehensive plan, the adoption shall include:
(a) A plan map designation, as necessary, to
			 indicate the location and boundaries of the local park; and
(b) Appropriate zoning categories and map
			 designations (a "local park" zone or overlay zone is recommended), including
			 objective land use and siting review criteria, in order to authorize the
			 existing and planned park uses described in local park master plan.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 35 - FEDERAL CONSISTENCY › Section 660-035-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division establishes state procedures for implementing the
				federal consistency requirements of the federal Coastal Zone Management Act of
				1972 (CZMA), as amended, section 307(c).
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  196.435
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 35 - FEDERAL CONSISTENCY › Section 660-035-0005 - Conformance with Federal Consistency Review Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The CZMA provides a federal consistency requirement that allows
				states with an approved coastal management program to review federal actions
				affecting coastal uses or resources. Pursuant to ORS
				196.435, the Department of Land
				Conservation and Development is Oregon's designated coastal zone management
				agency and administers federal consistency reviews. In administering federal
				consistency reviews, the department will follow the federal requirements and
				procedures provided in   15 CFR Part 930  . All references to 15 CFR Part 930 in
				this division are to the version that existed on May 11,
				2012.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  196.435
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 35 - FEDERAL CONSISTENCY › Section 660-035-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, the definitions at CZMA section 304,
				 15 CFR Part 930, ORS 196.405, and
				197.015 apply, unless the
				context requires otherwise. Additionally, the following definitions
				apply:
(1) "Coastal Zone," as defined
			 in CZMA §304(1) and  15 CFR §
									930.11(e), specifically means the area
			 lying between the State of Oregon border with the State of Washington on the
			 north, to the State of Oregon border with the State of California on the south,
			 seaward to the extent of the state's jurisdiction as recognized by federal law,
			 and inland to the crest of the Coast Range Mountains, excepting:
(a) The Umpqua River basin, where the coastal
			 zone extends to Scottsburg;
(b) The
			 Rogue River basin, where the coastal zone extends to Agness;
(c) The Columbia River basin, where the
			 coastal zone extends to the downstream end of Puget Island; and
(d) Land the use of which is by law subject
			 solely to the discretion of or which is held in trust by the Federal
			 Government, its officers, or agents, which federal law excludes from the
			 coastal zone.
NOTE
: A map depicting the boundaries of Oregon's
				coastal zone, but not depicting the excluded federal lands, is available from
				the department and on the coastal program website.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 35 - FEDERAL CONSISTENCY › Section 660-035-0015 - Activities Subject to Review

Current through Register Vol. 63, No. 7, July 1, 2024
The following types of federal actions are subject to federal
				consistency review:
(1) Proposed
			 federal agency activities, including proposed federal development projects,
			 which affect any coastal use or resource, pursuant to  15 CFR Part 930, Subpart
			 C;
(2) Activities that affect any
			 coastal use or resource and that require one or more federal licenses or
			 permits identified on the federally-approved OCMP license and permit list
			 developed pursuant to  15 CFR §
									930.53, or unlisted licenses or permits the
			 department identifies through the process set forth in  15 CFR §
									930.54,
			 pursuant to   15 CFR Part 930, Subpart D;
(3) Federal license or permit activities
			 described in detail in outer continental shelf plans that affect any coastal
			 use or resource, pursuant to 15 CFR Part 930, Subpart E; and
(4) Federal assistance to state and local
			 governments, including special purpose districts and related public entities,
			 for activities that affect any coastal use or resource, pursuant to 15 CFR Part
			 930, Subpart F.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  196.435
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 35 - FEDERAL CONSISTENCY › Section 660-035-0020 - Federal Consistency in the OCMP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To initiate consistency review, the
			 responsible party identified in  15 CFR Part 930  shall submit all required
			 consistency determinations, consistency certifications, or applications for
			 federal financial assistance to the department along with supporting
			 information or necessary data and information required by  15 CFR Part 930  and,
			 for  15 CFR Part 930, Subparts D, E and F, as augmented by OAR 660-035-0030  through 660-035-0070.
(2) The
			 department will review activities for consistency with the federally-approved
			 enforceable policies of the OCMP. The enforceable policies can be found
			 generally within:
(a) The statewide planning
			 goals;
(b) The applicable
			 acknowledged city or county comprehensive plan and implementing land use
			 regulations; and
(c) Selected state
			 agency statutory and regulatory authorities governing any coastal use or
			 resource.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 35 - FEDERAL CONSISTENCY › Section 660-035-0030 - Consistency for Federal Agency Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When reviewing a federal agency activity
			 or development project for consistency to the maximum extent practicable with
			 the enforceable policies of the OCMP, the department shall conform to the
			 requirements and procedures provided in  15 CFR Part 930, Subpart C.
(2) For review of a consistency determination
			 submitted by a federal agency for a federal agency activity or federal
			 development project, the federal agency must submit to the department the
			 information described in  15 CFR §
									930.39(a).
(a) Although  15 CFR §
										930.37  limits
			 state authority to require National Environmental Policy Act (NEPA) documents
			 for federal consistency review purposes, a federal agency may mutually agree
			 with the department to rely on information contained in NEPA documents or other
			 project documents to provide some of the comprehensive data and information
			 sufficient to support the federal agency's consistency statement under  15 CFR §
										930.39(a).
(b) A federal
			 agency may elect to rely on information contained in NEPA documents or other
			 project documents to demonstrate consistency to the maximum extent practicable
			 with the enforceable policies of the OCMP. If relying on NEPA documents or
			 other project documentation, the federal agency must clearly demonstrate how
			 the materials support a finding of consistency with OCMP enforceable
			 policies.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 35 - FEDERAL CONSISTENCY › Section 660-035-0050 - Consistency for Activities Requiring a Federal License or Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When reviewing
			 any consistency certification submitted by an applicant for a federal license
			 or permit activity affecting any coastal use or resource for consistency with
			 the enforceable policies of the OCMP, the department shall conform to the
			 requirements and procedures provided in  15 CFR Part 930, Subpart D.
(2) For review of a federal license or permit
			 application, an applicant must submit to the department a consistency
			 certification and the necessary data and information described in  15 CFR §
									930.58(a).
(a) Copies of complete
			 applications for permits that state and local governments require for the
			 proposed activity are required as necessary data and information to begin the
			 CZMA six-month review period. The department does not require issued state or
			 local permits as necessary data or information to begin the six-month review.
			 If at the end of the six-month review period the applicant has not obtained all
			 required state and local permits:
(A) The
			 department may object to the consistency certification as provided in  15 CFR §
											930.63, or
(B) The
			 department and the applicant may enter into a written agreement to stay the
			 CZMA review period to permit resolution of the remaining issues as provided in
			  15 CFR §
											930.60(b).