Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 23 - PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 › Section 660-023-0115 - Greater Sage-Grouse

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Introduction. Greater Sage-Grouse (hereafter "sage-grouse") habitat is a unique
			 wildlife resource subject to a variety of threats across a broad, multi-state
			 region. Oregon's sage-grouse habitat is comprised of a combination of public
			 land managed by the federal government and nonfederal land generally in private
			 ownership. Managing private and other nonfederal land for the best possible
			 outcomes requires partnership and cooperation among many stakeholders.
			 Accordingly, private and other nonfederal lands are strongly encouraged to
			 participate in a Candidate Conservation Agreement with Assurances program.
			 Voluntary conservation efforts of this nature are recognized by the State of
			 Oregon as a critical part in recovering the breeding population targeted by
			 Oregon's Greater Sage-Grouse Conservation Assessment and Strategy for Oregon.
			 Beyond voluntary efforts it remains necessary to provide a regulatory framework
			 that offers fairness, predictability and certainty for all involved parties.
			 Engagement on the part of county government is critical to Oregon's efforts to
			 address possible impacts from future development.
(2) Exempt activities.
(a) Those activities that do not require
			 governmental approval, including farm use as defined in ORS
			 215.203(2), are
			 exempt from the provisions of this rule. State agency permits necessary to
			 facilitate a farm use, including granting of new water right permits by the
			 Oregon Water Resources Department (OWRD), are also exempt from the provisions
			 of this rule.
(b) Any energy
			 facility that submitted a preliminary application for site certificate pursuant
			 to ORS 469.300 et seq. on or before the
			 effective date of this rule is exempt from the provisions of this rule.
			 Notwithstanding ORS 197.646(3),
			 this rule shall not be directly applicable to any land use decision regarding
			 that facility unless the applicant chooses otherwise. Similarly, any changes to
			 a local government's acknowledged comprehensive plan or land use ordinances
			 developed to achieve consistency with this rule shall not constitute
			 "applicable substantive criteria" pursuant to OAR 345-022-0030(3), unless they
			 are in effect on the date the applicant submits a preliminary application for
			 site certificate, unless the applicant chooses otherwise.
(c) Private and other nonfederal lands are
			 strongly encouraged to participate in a Candidate Conservation Agreement with
			 Assurances (CCAA) program. Voluntary conservation efforts of this nature are
			 recognized by the State of Oregon as a critical part in recovering the breeding
			 population targeted by the Greater Sage-Grouse Conservation Assessment and
			 Strategy for Oregon. Uses identified in CCAA agreements are relieved from the
			 provisions of this rule except that conflicting uses identified in section (7)
			 will be subject to sections (9) to (11) in all instances regardless of
			 enrollment status.