Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 16 - REQUIREMENTS AND APPLICATION PROCEDURES FOR COMPLYING WITH STATEWIDE GOAL 5 › Section 660-016-0000 - Inventory Goal 5 Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The inventory process for Statewide Planning Goal 5 begins with the collection
			 of available data from as many sources as possible including experts in the
			 field, local citizens and landowners. The local government then analyzes and
			 refines the data and determines whether there is sufficient information on the
			 location, quality and quantity of each resource site to properly complete the
			 Goal 5 process. This analysis also includes whether a particular natural area
			 is "ecologically and scientifically significant", or an open space area is
			 "needed", or a scenic area is "outstanding", as outlined in the Goal. Based on
			 the evidence and local government's analysis of those data, the local
			 government then determines which resource sites are of significance and
			 includes those sites on the final plan inventory.
(2) A "valid" inventory of a Goal 5 resource
			 under subsection (5)(c) of this rule must include a determination of the
			 location, quality, and quantity of each of the resource sites. Some Goal 5
			 resources (e.g., natural areas, historic sites, mineral and aggregate sites,
			 scenic waterways) are more site-specific than others (e.g., groundwater, energy
			 sources). For site-specific resources, determination of
location
must include a description or map of the boundaries
			 of the resource site and of the impact area to be affected, if different. For
			 non-site-specific resources, determination must be as specific as
			 possible.
(3) The determination of
quality
requires some consideration of the resource site's
			 relative value, as compared to other examples of the same resource in at least
			 the jurisdiction itself. A determination of
quantity
requires
			 consideration of the relative abundance of the resource (of any given quality).
			 The level of detail that is provided will depend on how much information is
			 available or "obtainable".
(4) The
			 inventory completed at the local level, including options in subsections
			 (5)(a), (b), and (c) of this rule, will be adequate for Goal compliance unless
			 it can be shown to be based on inaccurate data, or does not adequately address
			 location, quality or quantity. The issue of adequacy may be raised by the
			 Department or objectors, but final determination is made by the Commission or
			 the Land Use Board of Appeals as provided by law.
(5) Based on data collected, analyzed and
			 refined by the local government, as outlined above, a jurisdiction has three
			 basic options:
(a) Do Not Include on
			 Inventory: Based on information that is available on location, quality and
			 quantity, the local government might deter mine that a particular resource site
			 is not important enough to warrant inclusion on the plan inventory, or is not
			 required to be included in the inventory based on the specific Goal standards.
			 No further action need be taken with regard to these sites. The local
			 government is not required to justify in its comprehensive plan a decision not
			 to include a particular site in the plan inventory unless challenged by the
			 Department, objectors or the Commission based upon contradictory
			 information;
(b) Delay Goal 5
			 Process: When some information is available, indicating the possible existence
			 of a resource site, but that information is not adequate to identify with
			 particularity the location, quality and quantity of the resource site, the
			 local government should only include the site on the comprehensive plan
			 inventory as a special category. The local government must express its intent
			 relative to the resource site through a plan policy to address that resource
			 site and proceed through the Goal 5 process in the future. The plan should
			 include a time-frame for this review. Special implementing measures are not
			 appropriate or required for Goal 5 compliance purposes until adequate
			 information is available to enable further review and adoption of such
			 measures. The statement in the plan commits the local government to address the
			 resource site through the Goal 5 process in the post-acknowledgment period.
			 Such future actions could require a plan amendment;
(c) Include on Plan Inventory: When
			 information is available on location, quality and quantity, and the local
			 government has determined a site to be significant or important as a result of
			 the data collection and analysis process, the local government must include the
			 site on its plan inventory and indicate the location, quality and quantity of
			 the resource site (see above). Items included on this inventory must proceed
			 through the remainder of the Goal 5 process.