Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 4 - INTERPRETATION OF GOAL 2 EXCEPTION PROCESS › Section 660-004-0010 - Application of the Goal 2 Exception Process to Certain Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The exceptions
			 process is not applicable to Statewide Goal 1 "Citizen Involvement" and Goal 2
			 "Land Use Planning." The exceptions process is generally applicable to all or
			 part of those statewide goals that prescribe or restrict certain uses of
			 resource land, restrict urban uses on rural land, or limit the provision of
			 certain public facilities and services. These statewide goals include but are
			 not limited to:
(a) Goal 3 "Agricultural
			 Lands"; however, an exception to Goal 3 "Agricultural Lands" is not required
			 for any of the farm or nonfarm uses allowed in an exclusive farm use (EFU) zone
			 under ORS chapter 215 and OAR chapter 660, division 33, "Agricultural Lands",
			 except as provided under OAR 660-004-0022  regarding a use authorized by a
			 statewide planning goal that cannot comply with the approval standards for that
			 type of use;
(b) Goal 4 "Forest
			 Lands"; however, an exception to Goal 4 "Forest Lands" is not required for any
			 of the forest or nonforest uses allowed in a forest or mixed farm/forest zone
			 under OAR chapter 660, division 6, "Forest Lands";
(c) Goal 11 "Public Facilities and Services"
			 as provided in OAR 660-011-0060(9);
(d) Goal 14 "Urbanization" as provided for in
			 the applicable paragraph (l)(c)(A), (B), (C) or (D) of this rule:
(A) An exception is not required for the
			 establishment of an urban growth boundary around or including portions of an
			 incorporated city;
(B) When a local
			 government changes an established urban growth boundary applying Goal 14 as it
			 existed prior to the amendments adopted April 28, 2005, it shall follow the
			 procedures and requirements set forth in Goal 2 "Land Use Planning," Part II,
			 Exceptions. An established urban growth boundary is one that has been
			 acknowledged under ORS
			 197.251,
			 197.625 or
			 197.626. Findings and reasons in
			 support of an amendment to an established urban growth boundary shall
			 demonstrate compliance with the seven factors of Goal 14 and demonstrate that
			 the following standards are met:
(i) Reasons
			 justify why the state policy embodied in the applicable goals should not apply
			 (This factor can be satisfied by compliance with the seven factors of Goal
			 14);
(ii) Areas that do not require
			 a new exception cannot reasonably accommodate the use;
(iii) The long-term environmental, economic,
			 social and energy consequences resulting from the use at the proposed site with
			 measures designed to reduce adverse impacts are not significantly more adverse
			 than would typically result from the same proposal being located in areas
			 requiring a goal exception other than the proposed site; and
(iv) The proposed uses are compatible with
			 other adjacent uses or will be so rendered through measures designed to reduce
			 adverse impacts.
(C)
			 When a local government changes an established urban growth boundary applying
			 Goal 14 as amended April 28, 2005, a goal exception is not required unless the
			 local government seeks an exception to any of the requirements of Goal 14 or
			 other applicable goals;
(D) For an
			 exception to Goal 14 to allow urban development on rural lands, a local
			 government must follow the applicable requirements of OAR 660-014-0030  or
			 660-014-0040, in conjunction with applicable requirements of this division;
(e) Goal 16 "Estuarine
			 Resources";
(f) Goal 17 "Coastal
			 Shorelands"; and
(g) Goal 18
			 "Beaches and Dunes."