Title 197 · ORS Chapter 197

197.430] �� 197.415 [1973 c.80 �27; 1977 c.664 �30; repealed by 1981 c.748 �56] �� 197.416 Metolius Area of Critical State Concern. (1) As used in this section, �Metolius Area of Critica

Citation: ORS 197.430

Section: 197.430

197.430]

�� 197.415 [1973 c.80 �27; 1977 c.664 �30; repealed by 1981 c.748 �56]

�� 197.416 Metolius Area of Critical State Concern. (1) As used in this section, �Metolius Area of Critical State Concern� means the areas identified as Area 1 and Area 2 in the management plan recommended by the Land Conservation and Development Commission.

�� (2) Pursuant to ORS 197.405 (4), the Legislative Assembly hereby approves the recommendation of the commission, submitted to the Legislative Assembly on April 2, 2009, that the Metolius Area of Critical State Concern be designated an area of critical state concern.

�� (3) The Legislative Assembly approves the management plan included in the commission�s recommendation pursuant to ORS 197.405 (1)(c) and directs the commission to adopt the management plan, by rule, without change except that:

�� (a) The management plan must require:

�� (A) The commission to give notice of proposed amendments to the management plan to the governing bodies of Jefferson County and of the Confederated Tribes of the Warm Springs Indian Reservation; and

�� (B) If either governing body files a written objection to the proposed amendments, the commission to adopt the proposed amendments only if the commission finds by clear and convincing evidence that the proposed amendments meet the requirements of subsection (5) of this section.

�� (b) The management plan must limit development of a small-scale recreation community within township 13 south, range 10 east, sections 20, 21, 28 and 29 in Jefferson County so that all units must be sited within up to 25 clusters that may be connected only by a road system. The commission may not enforce, and shall modify, a contrary provision in the management plan.

�� (c) Descriptions in the management plan of annual average water use must refer to annual average consumptive water use. The commission may not enforce, and shall modify, a contrary provision in the management plan.

�� (4) Except as otherwise provided in this section, the commission may amend the management plan only as provided in the management plan and only pursuant to applicable rulemaking procedures.

�� (5) In addition to limitations on development that are contained in the management plan, new development allowed by amendment of the management plan, except development allowed by the administrative amendments required by subsection (3) of this section, may not result in:

�� (a) Negative impact on the Metolius River, its springs or its tributaries;

�� (b) Negative impact on fish resources in the Metolius Area of Critical State Concern; or

�� (c) Negative impact on the wildlife resources in the Metolius Area of Critical State Concern.

�� (6) A county may not approve siting a destination resort in the Metolius Area of Critical State Concern. [2009 c.712 �1]

�� Note: 197.416 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 197.420 [1973 c.80 �28; 1977 c.664 �31; repealed by 1981 c.748 �56]

�� 197.425 [1973 c.80 �29; 1977 c.664 �32; repealed by 1981 c.748 �56]

SPECIAL DEVELOPMENT PROJECTS

(Oregon International Port of Coos Bay)

�� 197.428 Navigational channel improvements. (1) Deep draft navigational channel improvements are a reason a local government may adopt an exception under ORS 197.732 (2)(c)(A) to a land use planning goal related to estuarine resources in order to redesignate or rezone natural and conservation estuary management units within a deep draft development estuary, provided that the improvements are:

�� (a) Carried out in a manner that includes mitigation, as defined in ORS 196.800, of adverse impacts to ensure no net loss of estuarine resources and the affected aquatic and shore areas and habitats;

�� (b) Of the location, design and minimum extent necessary for the use;

�� (c) Applied for by a public port or an eligible Indian tribe, as defined in ORS 285C.306;

�� (d) Within the jurisdiction of the Oregon International Port of Coos Bay;

�� (e) Not including or relying upon the commercial processing, importing or exporting of fossil fuels, other than existing facilities providing fuel storage or distribution;

�� (f) Applied for by an applicant that has issued a report that sets forth:

�� (A) The identification of anticipated financing sources for the deep draft navigation channel improvements; and

�� (B) An estimate of the number of jobs that will be created as a result of the improvements; and

�� (g) Conducted in accordance with a plan that:

�� (A) Is developed, in consultation with local Indian tribes, for:

�� (i) Archaeological objects, human remains, funerary objects and sites of archaeological significance, as those terms are defined in ORS 358.905; and

�� (ii) Archaeological sites identified on an inventory of the State Parks and Recreation Department, a tribal historic preservation officer or local government;

�� (B) Avoids or, if avoidance is not practicable, mitigates adverse impacts to such remains, sites or objects, including by preservation in situ or recovery with permanent protection; and

�� (C) Identifies procedures and requirements to occur should an inadvertent discovery of such remains, sites or objects occur.

�� (2) As used in this section:

�� (a) �Deep draft navigation channel improvements� means dredging for the purposes of:

�� (A) Deepening or widening the existing federal navigation channel as necessary to accommodate vessels that would use the proposed water-dependent uses;

�� (B) Establishing a new access channel, or modifying an existing access channel, that is directly between the federal navigational channel and any of the following structures identified in the application for which the exception is adopted under this section:

�� (i) Navigation support structures; or

�� (ii) Docks, wharfs or similar ship berthing structures;

�� (C) Establishing a turning basin necessary for the safe navigation of vessels utilizing the federal navigation channel or access channel; or

�� (D) Enabling the construction or maintenance of necessary structural support for docks, wharfs or similar ship berthing facilities or navigation aids.

�� (b) �Deep draft navigation channel improvements� does not include:

�� (A) Dredge material disposal; and

�� (B) Fill to create new upland areas. [2023 c.544 �2]

(Temporary provisions relating to transfer of development rights pilot program)

�� Note: Sections 6 to 8, chapter 636, Oregon Laws 2009, provide:

�� Sec. 6. (1) There is established the Oregon Transfer of Development Rights Pilot Program in the Department of Land Conservation and Development. Working with the State Forestry Department, the State Department of Agriculture and local governments and with other state agencies, as appropriate, the Department of Land Conservation and Development shall implement the pilot program.

�� (2) The Land Conservation and Development Commission shall adopt rules to implement the pilot program. The commission, by rule, may:

�� (a) Establish a maximum ratio of transferable development rights to severed development interests in a sending area for each pilot project. The maximum ratio:

�� (A) Must be calculated to protect lands planned and zoned for forest use and to create incentives for owners of land in the sending area to participate in the pilot project;

�� (B) May not exceed one transferable development right to one severed development interest if the receiving area is outside of urban growth boundaries and outside unincorporated communities;

�� (C) May not exceed two transferable development rights to one severed development interest if the receiving area is in an unincorporated community; and

�� (D) Must be consistent with plans for public facilities and services in the receiving area.

�� (b) Require participating owners of land in a sending area to grant conservation easements pursuant to ORS 271.715 to 271.795, or otherwise obligate themselves, to ensure that additional residential development of their property does not occur.

�� (3) The commission, by rule, shall establish a process for selecting pilot projects from among potential projects nominated by local governments. The process must require local governments to nominate potential projects by submitting a concept plan for each proposed pilot project, including proposed amendments, if any, to the comprehensive plan and land use regulations implementing the plan that are necessary to implement the pilot project.

�� (4) When selecting a pilot project, the commission must find that the pilot project is:

�� (a) Reasonably likely to provide a net benefit to the forest economy or the agricultural economy of this state;

�� (b) Designed to avoid or minimize adverse effects on transportation, natural resources, public facilities and services, nearby urban areas and nearby farm and forest uses; and

�� (c) Designed so that new development authorized in a receiving area does not conflict with a resource or area inventoried under a statewide land use planning goal relating to natural resources, scenic and historic areas and open spaces, or with an area identified as a Conservation Opportunity Area in the �Oregon Conservation Strategy� adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.

�� (5) The commission may select up to three pilot projects for the transfer of development rights under sections 6 to 8, chapter 636, Oregon Laws 2009.

�� (6) A sending area for a pilot project under sections 6 to 8, chapter 636, Oregon Laws 2009:

�� (a) Must be planned and zoned for forest use;

�� (b) May not exceed 10,000 acres; and

�� (c) Must contain four or fewer dwelling units per square mile.

�� (7) The commission may establish additional requirements for sending areas.

�� (8)(a) Except as provided otherwise in paragraph (b) of this subsection, a local government participating in a pilot project shall select a receiving area for the pilot project based on the following priorities:

�� (A) First priority is lands within an urban growth boundary.

�� (B) Second priority is lands that are adjacent to an urban growth boundary and that are subject to an exception from a statewide land use planning goal relating to agricultural lands or forestlands.

�� (C) Third priority is lands that are:

�� (i) Within an urban unincorporated community or a rural community; or

�� (ii) In a resort community, or a rural service center, that contains at least 100 dwelling units at the time the pilot project is approved.

�� (D) Fourth priority is exception areas approved under ORS 197.732 that are adjacent to urban unincorporated communities or rural communities, if the county agrees to bring the receiving area within the boundaries of the community and to provide the community with water and sewer service.

�� (b) The commission may authorize a local government to select lower priority lands over higher priority lands for a receiving area in a pilot project only if the local government has established, to the satisfaction of the commission, that selecting higher priority lands as the receiving area is not likely to result in the severance and transfer of a significant proportion of the development interests in the sending area within five years after the receiving area is established.

�� (c) The minimum residential density of development allowed in receiving areas intended for residential development is:

�� (A) For second priority lands described in paragraph (a)(B) of this subsection, at least five dwelling units per net acre or 125 percent of the average residential density allowed within the urban growth boundary when the pilot project is approved by the commission, whichever is greater.

�� (B) For third priority and fourth priority lands described in paragraph (a)(C) and (D) of this subsection, at least 125 percent of the average residential density allowed on land planned for residential use within the unincorporated community when the pilot project is approved by the commission.

�� (d) For third and fourth priority lands described in paragraph (a)(C) and (D) of this subsection that are within one jurisdiction but adjacent to another jurisdiction, the written consent of the adjacent jurisdiction is required for designation of the receiving area.

�� (e) A receiving area may not be located within 10 miles of the Portland metropolitan area urban growth boundary.

�� (9) The commission may establish additional requirements for receiving areas.

�� (10) The commission, by rule, may provide a bonus in the form of a higher transfer ratio if a substantial portion of the new development in the receiving area of the pilot project is affordable housing within an urban growth boundary. [2009 c.636 �6; 2010 c.5 �3; 2011 c.144 �1]

�� Sec. 7. (1) Notwithstanding contrary provisions of statewide land use planning goals relating to public facilities and services and urbanization, and notwithstanding ORS 215.700 to 215.780, a local government may change its comprehensive plan and land use regulations implementing the plan to allow residential development in a receiving area consistent with sections 6 to 8, chapter 636, Oregon Laws 2009, if the Land Conservation and Development Commission has approved a concept plan for the pilot project.

�� (2) The local governments having land use jurisdiction over lands included in the sending area and the receiving area for the pilot project shall adopt amendments to their respective comprehensive plans and land use regulations implementing the plans that are consistent with subsection (3) of this section.

�� (3) When the commission has approved a proposed concept plan, the local governments having land use jurisdiction over the affected sending area and affected receiving area shall adopt overlay zone provisions and corresponding amendments to the comprehensive plan and land use regulations implementing the plan that identify the additional development allowed through participation in the pilot project. The Department of Land Conservation and Development shall review the overlay zones and corresponding comprehensive plan amendments in the manner of periodic review under ORS 197.628 to 197.650 [series became 197.628 to 197.651].

�� (4) Notwithstanding ORS 197.296 and 197.298 [renumbered 197A.350 and 197A.355] and statewide land use planning goals relating to urbanization, a local government may amend its urban growth boundary to include adjacent lands in a receiving area, consistent with an approved concept plan, if the net residential density of development authorized in the receiving area is at least five dwelling units per net acre or 125 percent of the average residential density allowed on land planned for residential use within the urban growth boundary when the pilot project is approved by the commission, whichever is greater.

�� (5) Local governments or other entities may establish a development rights bank or other system to facilitate the transfer of development rights.

�� (6) A county shall review an application for a pilot project under sections 6 to 8, chapter 636, Oregon Laws 2009, as a comprehensive plan amendment. A county may apply other procedures, including master plan approval, site plan review or conditional use review as the county finds appropriate to subsequent phases of review of the pilot project.

�� (7) When development rights transfers authorized by the pilot project under sections 6 to 8, chapter 636, Oregon Laws 2009, result in the transfer of development rights from the jurisdiction of one local government to another local government and cause a potential shift of ad valorem tax revenues between jurisdictions, the local governments may enter into an intergovernmental agreement under ORS 190.003 to 190.130 that provides for sharing between the local governments of the prospective ad valorem tax revenues derived from new development in the receiving area. [2009 c.636 �7; 2011 c.144 �2]

�� Sec. 8. (1) The Department of Land Conservation and Development, the State Forestry Department, a local government participating in the Oregon Transfer of Development Rights Pilot Program or a third-party holder identified by the Department of Land Conservation and Development may hold, monitor or enforce a conservation easement pursuant to ORS 271.715 to 271.795 or other property interest to ensure that lands in sending areas do not retain residential development rights transferred under sections 6 to 8 of this 2009 Act.

�� (2) An entity that is eligible to be a holder of a conservation easement may acquire, from a willing seller in the manner provided by ORS 271.715 to 271.795, the right to carry out a use of land authorized under rules of the Land Conservation and Development Commission implementing the pilot program. [2009 c.636 �8]

�� 197.430 [1973 c.80 �31; 1977 c.664 �33; 1981 c.748 �14; renumbered 197.412 in 2023]

(Speedway Destination)

�� 197.431 Expansion of speedway destination site. (1) If the site described in ORS 197.433 (1) is developed and used as a major motor speedway with sanctioned, premier, high speed automobile racing within five years after the county issues a certificate of occupancy for the major motor speedway, the site may be expanded to include additional lands that are adjacent to the site if the additional lands are:

�� (a) Located in Morrow County within township 4 north, range 24 east of the Willamette Meridian, sections 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21 and 22 and the northeast quarter section of section 27; and

�� (b) Approved as part of a master plan as provided in this section.

�� (2) After the major motor speedway is developed and used for sanctioned, premier, high speed automobile racing, the governing body of Morrow County may authorize inclusion of the following uses on the speedway destination site that are proposed in a master plan:

�� (a) Speedway supporting uses and facilities.

�� (b) Associated uses and facilities not previously authorized pursuant to ORS 197.433 (4).

�� (c) A speedway theme park not previously authorized pursuant to ORS 197.433 (4).

�� (d) A speedway destination resort, if the speedway destination resort is approved by Morrow County, subject to the requirements of ORS 197.435 to 197.467, except that the proposed speedway destination resort site need not be included on a map of eligible lands for destination resorts within the county otherwise required under ORS 197.455, but the proposed speedway destination resort site must meet the siting criteria of ORS 197.455.

�� (3) The Port of Morrow or its designee may apply to the governing body of Morrow County for approval to expand the site described in ORS 197.433 (1) or to amend the uses allowed on the speedway destination site by submission of a master plan as provided in this section. A master plan must:

�� (a) Set forth the discretionary approvals, if any, required for completion of the development specified in the plan;

�� (b) Identify the conditions, terms, restrictions and requirements for discretionary approvals;

�� (c) Establish a process for amending the plan;

�� (d) If the proposed development of the speedway destination site is to be constructed in phases, specify the dates on which each phase of phased construction is projected to begin and end;

�� (e) Except as otherwise provided in this section, comply with the Morrow County comprehensive plan and land use regulations in existence at the time of the application; and

�� (f) Identify proposed comprehensive plan amendments or zone changes that are necessary to authorize development of a speedway destination site and uses proposed as part of the plan.

�� (4) The governing body of Morrow County shall review a master plan and proposed changes to the acknowledged comprehensive plan and land use regulations that are necessary to implement a proposed master plan as provided in ORS 197.610 to 197.625 and may approve the master plan and the proposed changes if at the time of approval:

�� (a) The major motor speedway is used for sanctioned, premier, high speed automobile racing; and

�� (b) The master plan conforms to the requirements of this section and other applicable laws and specifies:

�� (A) The duration and phasing of development proposed by the plan.

�� (B) A description, including location, of the proposed uses on the site, including:

�� (i) The proposed changes to the major motor speedway;

�� (ii) The proposed associated uses and facilities;

�� (iii) The proposed speedway supporting uses and facilities;

�� (iv) A speedway destination resort;

�� (v) A speedway theme park;

�� (vi) Sewage works for the speedway destination site, including all facilities necessary for collecting, pumping, treating and disposing of sewage;

�� (vii) Drainage works for the speedway destination site, including facilities necessary for collecting, pumping and disposing of storm and surface water;

�� (viii) Water supply works and service for the speedway destination site, including the facilities necessary for tapping natural sources of domestic and industrial water, treating and protecting the quality of the water and transmitting it to the site;

�� (ix) Public parks and recreation facilities, including land and facilities that are necessary for administering and maintaining the public parks, recreation facilities and recreation services;

�� (x) Public transportation, including public depots, public parking, storage and maintenance facilities and other equipment necessary for the transportation of users and patrons of the major motor speedway and their personal property; and

�� (xi) Public and private roads.

�� (C) A description, including location, of additional uses that are not specified in this section, if the additional uses are proposed and approved in accordance with applicable laws, statewide land use planning goals and the provisions of the comprehensive plan and land use regulations implementing the comprehensive plan.

�� (D) The density and intensity of proposed uses.

�� (E) A schedule and plan for obtaining local government review of permits and other authorizations required for the development of allowed uses.

�� (F) The parties responsible for providing speedway destination site infrastructure and services. [2007 c.819 �4]

�� Note: 197.431 to 197.434 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 197.432 Definitions for ORS 197.431 to 197.434. As used in ORS 197.431 to 197.434:

�� (1) �Associated uses and facilities� means:

�� (a) Speedway-related and accessory uses and facilities identified in the findings; and

�� (b) Road course garage units.

�� (2) �Findings� means the Morrow County Findings of Fact and Conclusions of Law, dated June 21, 2002, and September 24, 2003, in the matter of an application by the Port of Morrow for comprehensive plan and zoning amendments to allow the siting of a speedway and related facilities at the Port of Morrow.

�� (3) �Major motor speedway� means one or more race tracks including, at a minimum:

�� (a) An asphalt oval super speedway of at least seven-eighths mile with grandstand seating capacity of 20,000 or more; or

�� (b) An asphalt road course of at least two miles with grandstand seating capacity of 20,000 or more.

�� (4) �Premier, high speed automobile racing� means automobile racing that is projected to attract 20,000 or more spectators to a race.

�� (5) �Road course garage unit� means a facility consisting of garages and residential spaces not intended for overnight use.

�� (6) �Sanctioned� means subject to contractual agreements with one or more major professional automobile racing organizations that may include, but are not limited to:

�� (a) Champ Car;

�� (b) Indy Racing League (IRL);

�� (c) National Association for Stock Car Auto Racing, Inc. (NASCAR);

�� (d) World of Outlaws (WoO);

�� (e) National Hot Rod Association (NHRA);

�� (f) International Hot Rod Association (IHRA);

�� (g) Sports Car Club of America (SCCA);

�� (h) Grand American Road Racing Association (Grand Am);

�� (i) Automobile Club de l�Ouest (American Le Mans); and

�� (j) F�d�ration Internationale de l�Automobile (FIA).

�� (7) �Speedway destination resort� means a destination resort within the boundaries of the speedway destination site that is approved under ORS 197.431 and 197.435 to