Chapter 141 Oregon Laws 2003
Relating to regulation of construction in landslide areas; creating new provisions; amending ORS 195.260; and repealing ORS 195.263, 195.266, 195.270 and 195.275.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 195.260 is amended to read:
195.260. (1) In order to reduce the risk of serious bodily injury or death resulting from rapidly moving landslides, a local government:
(a) Shall exercise all available authority to protect the public during emergencies, consistent with ORS 401.015.
(b) May require a geotechnical report and, if a report is required, shall provide for a coordinated review of the geotechnical report by the State Department of Geology and Mineral Industries or the State Forestry Department, as appropriate, before issuing a building permit for a site in a further review area.
(c) Except those structures exempt from building codes under ORS 455.310 and 455.315, shall amend its land use regulations, or adopt new land use regulations, to regulate [through mitigation measures and site development standards] the siting of dwellings and other structures designed for human occupancy, including those being restored under ORS 215.130 (6), in further review areas where there is evidence of substantial risk for rapidly moving landslides. All final decisions under this paragraph and paragraph (b) of this subsection are the responsibility of the local government with jurisdiction over the site. A local government may not delegate such final decisions to any state agency.
(d) May deny a request to issue a building permit if a geotechnical report discloses that the entire parcel is subject to a rapidly moving landslide or that the subject lot or parcel does not contain sufficient buildable area that is not subject to a rapidly moving landslide.
[(d)] (e) Shall maintain a record, available to the public, of properties for which a geotechnical report has been prepared within the jurisdiction of the local government.
(2) A landowner allowed a building permit under subsection (1)(c) of this section shall sign a statement that shall:
(a) Be recorded with the county clerk of the county in which the property is located, in which the landowner acknowledges that the landowner may not in the future bring any action against an adjacent landowner about the effects of rapidly moving landslides on or adjacent to the landowner’s property; and
(b) Record in the deed records for the county where the lot or parcel is located a nonrevocable deed restriction that the landowner signs and acknowledges, that contains a legal description complying with ORS 93.600 and that prohibits any present or future owner of the property from bringing any action against an adjacent landowner about the effects of rapidly moving landslides on or adjacent to the property.
(3) [Forest practice rules] Restrictions on forest practices adopted under ORS 527.710 (11) [shall] do not apply to risk situations arising solely from the construction of a building [permitted under subsection (1)(c) of this section] designed for human occupancy in a further review area on or after October 23, 1999.
(4) The following state agencies shall implement the following specific responsibilities to reduce the risk of serious bodily injury or death resulting from rapidly moving landslides:
(a) The State Department of Geology and Mineral Industries shall:
(A) Identify and map further review areas selected in cooperation with local governments and in coordination with the State Forestry Department, and provide technical assistance to local governments to facilitate the use and application of this information pursuant to subsection (1)(b) of this section; and
(B) Provide public education regarding landslide hazards.
(b) The State Forestry Department shall regulate forest operations to reduce the risk of serious bodily injury or death from rapidly moving landslides directly related to forest operations, and assist local governments in the siting review of permanent dwellings on and adjacent to forestlands in further review areas pursuant to subsection (1)(b) of this section.
(c) The Land Conservation and Development Commission may take steps under its existing authority to assist local governments to appropriately apply the requirements of subsection (1)(c) of this section.
(d) The Department of Transportation shall provide warnings to motorists during periods determined to be of highest risk of rapidly moving landslides along areas on state highways with a history of being most vulnerable to rapidly moving landslides.
(e) The Office of Emergency Management of the Department of State Police shall coordinate state resources for rapid and effective response to landslide-related emergencies.
(5) Notwithstanding any other provision of law, any state or local agency adopting rules related to the risk of serious bodily injury or death from rapidly moving landslides shall do so only in conformance with the policies and provisions of ORS 195.250 to 195.270.
(6) No state or local agency may adopt or enact any rule or ordinance for the purpose of reducing risk of serious bodily injury or death from rapidly moving landslides that limits the use of land that is in addition to land identified as a further review area by the State Department of Geology and Mineral Industries or the State Forestry Department pursuant to subsection (4) of this section.
(7) Except as provided in ORS 527.710 or in Oregon’s ocean and coastal land use planning goals, no state agency may adopt criteria regulating activities for the purpose of reducing risk of serious bodily injury or death from rapidly moving landslides on lands subject to the provisions of ORS 195.250 to 195.270 that are more restrictive than the criteria adopted by a local government pursuant to subsection (1)(c) of this section.
SECTION 2. ORS 195.263, 195.266, 195.270 and 195.275 are repealed.
SECTION 3. The amendments to ORS 195.260 by section 1 of this 2003 Act and the repeal of ORS 195.263, 195.266, 195.270 and 195.275 by section 2 of this 2003 Act apply to building permits and land use decisions issued on or after the effective date of this 2003 Act.
Approved by the Governor May 28, 2003
Filed in the office of Secretary of State May 28, 2003
Effective date January 1, 2004