Title 215 · ORS Chapter 215

215.794. The work plan of the county and the approval of the department are not final orders for purposes of review. ����� (3) A county that undertakes the reacknowledgment process authorized by this

Citation: ORS 215.794

Section: 215.794

215.794. The work plan of the county and the approval of the department are not final orders for purposes of review.

����� (3) A county that undertakes the reacknowledgment process authorized by this section shall provide an opportunity for all lands planned for farm use, forest use or mixed farm and forest use and all lands subject to an exception under ORS 197.732 to a goal relating to agricultural lands or forestlands to be included in the review.

����� (4) A county must plan and zone land reviewed under this section:

����� (a) For farm use if the land meets the definition of �agricultural land� in a goal relating to agricultural lands;

����� (b) For forest use if the land meets the definition of �forest land� used for comprehensive plan amendments in the goal relating to forestlands;

����� (c) For mixed farm and forest use if the land meets both definitions;

����� (d) For nonresource use, consistent with ORS 215.794, if the land does not meet either definition; or

����� (e) For a use other than farm use or forest use as provided in a goal relating to land use planning process and policy framework and subject to an exception to the appropriate goals under ORS 197.732 (2).

����� (5) A county may consider the current land use pattern on adjacent and nearby lands in determining whether land meets the appropriate definition. [2009 c.873 �5]

����� Note: 215.788 to 215.794 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 215.791 Review of nonresource lands for ecological significance; inventory and protection of ecologically significant nonresource lands; criteria. (1) If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine whether the lands contain ecologically significant natural areas or resources. The county shall consider appropriate goals and the �Oregon Conservation Strategy� prepared in September of 2006 by the State Department of Fish and Wildlife.

����� (2) The county shall maintain an inventory in the comprehensive plan of nonresource lands that contain ecologically significant natural areas or resources and establish a program to protect the areas or resources from the adverse effects of new uses allowed by the planning or zoning changes. The county may use nonregulatory programs to protect the resources including, but not limited to, programs for the transfer of severable development interests to other lands that do not contain ecologically significant resources.

����� (3) If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine that the uses allowed by the planning or zoning changes are consistent with the carrying capacity of the lands. The county shall ensure that:

����� (a) The amount, type, location and pattern of development on lands redesignated as nonresource lands:

����� (A) Will be rural in character and will not significantly interfere with orderly and efficient development of urban areas in the vicinity;

����� (B) Will not significantly conflict with existing or reasonably foreseeable farm or forest uses or with accepted farm or forest practices; and

����� (C) Will not lead to significant adverse effects including, but not limited to, adverse effects on:

����� (i) Water quality or the availability or cost of water supply;

����� (ii) Energy use;

����� (iii) State or local transportation facilities;

����� (iv) Fish or wildlife habitat or other ecologically significant lands;

����� (v) The risk of wildland fire or the cost of fire suppression;

����� (vi) The cost of public facilities or services; or

����� (vii) The fiscal health of a local government.

����� (b) Additional residential development on nonresource lands is, to the extent practicable, located and clustered to:

����� (A) Minimize the effects on farm and forest uses;

����� (B) Avoid lands subject to natural hazards; and

����� (C) Reduce the costs of public facilities and services. [2009 c.873 �6]

����� Note: See note under 215.788.

����� 215.794 Review of county rezoning designations; rules. (1) A county shall submit decisions on planning and rezoning designations under ORS 215.788 to 215.794 to the Department of Land Conservation and Development for review pursuant to the procedures set forth in this section and ORS 197.659.

����� (2) The department shall coordinate with:

����� (a) The State Department of Agriculture in reviewing decisions on planning and rezoning designations for lands planned for farm use or mixed farm and forest use.

����� (b) The State Forestry Department in reviewing decisions on planning and rezoning designations for lands planned for forest use or mixed farm and forest use.

����� (3) The Land Conservation and Development Commission has exclusive jurisdiction for review of a county�s decision made under ORS 215.788 to 215.794.

����� (4) A person who participated in the proceedings leading to the county�s decisions under ORS