Chapter 688 Oregon Laws 2003

AN ACT

HB 2614

Relating to buildable land supply; creating new provisions; and amending section 2, chapter 252, Oregon Laws 2003 (Enrolled House Bill 2691).

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) Notwithstanding statewide land use planning goals relating to urbanization or to public facilities and services, a county or its designee may authorize:

(a) Industrial development, including accessory uses subordinate to the industrial development, in buildings of any size and type, subject to the permit approval process described in ORS 215.402 to 215.438 and to applicable building codes, in an area planned and zoned for industrial use on the effective date of this 2003 Act, subject to the territorial limits described in subsections (2) and (3) of this section.

(b) On-site sewer facilities to serve the industrial development authorized under this section, including accessory uses subordinate to the industrial development.

(2) Subject to subsection (3) of this section, a county or its designee may consider the following land for industrial development under this section:

(a) Land more than three miles outside the urban growth boundary of every city with a population of 15,000 individuals or more; and

(b) Land outside the urban growth boundary of every city with a population of fewer than 15,000 individuals.

(3) A county or its designee may not authorize industrial development under this section on land within the Willamette Valley as defined in ORS 215.010.

(4) A county or its designee may not authorize under this section retail, commercial or residential development in the area zoned for industrial use.

SECTION 2. (1) Notwithstanding the authority granted in section 1 of this 2003 Act to allow industrial development, including accessory uses subordinate to the industrial development, in areas zoned for industrial use, when a county or its designee considers action under section 1 (1) of this 2003 Act for land within 10 miles of the urban growth boundary of a city, the county or its designee shall give notice to the city at least 21 days prior to taking action.

(2) If the city objects to the authorization of industrial development under section 1 of this 2003 Act, the city and county shall negotiate to establish conditions on the industrial development or changes in the development necessary to mitigate concerns raised by the city’s objection.

SECTION 3. Section 2, chapter 252, Oregon Laws 2003 (Enrolled House Bill 2691), is amended to read:

Sec. 2. (1) As used in this section, “abandoned or diminished mill site” means a mill, plant or other facility engaged in the processing or manufacturing of wood products, including sawmills and facilities for the production of plywood, veneer, hardboard, panel products, pulp and paper, that:

(a) Is located outside of urban growth boundaries;

(b) Was closed after January 1, 1980, or has been operating at less than 25 percent of capacity since January 1, 2003; and

(2) Notwithstanding [ORS 197.732 or any goals adopted under ORS 197.225 for the protection of] statewide land use planning goals protecting agricultural lands or forestlands or administrative rules implementing those goals, the governing body of a county may amend the county’s comprehensive plan and land use regulations to allow an abandoned or diminished mill site to be zoned for industrial use.

(3) Notwithstanding [ORS 197.732 or any goals adopted under ORS 197.225] a statewide land use planning goal relating to urbanization or administrative rules implementing that goal, the governing body of a county may amend the county’s comprehensive plan and land use regulations to allow an abandoned or diminished mill site to be zoned for any level of industrial use.

(4) Notwithstanding [ORS 197.732 or any goals adopted under ORS 197.225] a statewide land use planning goal relating to public facilities and services or administrative rules implementing that goal, the governing body of a county or its designee may approve:

(a) The extension of sewer facilities to lands that on [the effective date of this 2003 Act] June 10, 2003, are zoned for industrial use and that contain an abandoned or diminished mill site. The sewer facilities may serve only industrial uses authorized for the mill site and contiguous lands zoned for industrial use.

(b) The extension of sewer facilities to an abandoned or diminished mill site that is rezoned for industrial use under this section only as necessary to serve industrial uses authorized for the mill site.

(c) The establishment of on-site sewer facilities to serve an area that on [the effective date of this 2003 Act] June 10, 2003,is zoned for industrial use and that contains an abandoned or diminished mill site or to serve an abandoned or diminished mill site that is rezoned for industrial use under this section. The sewer facilities may serve only industrial uses authorized for the mill site and contiguous lands zoned for industrial use.

(5)(a) A local government, as defined in ORS 174.116, may not authorize a connection to any portion of a sewer facility located between an urban growth boundary or the boundary of an unincorporated community and the boundary of the mill site or the industrial zone containing the mill site, except as provided under a statewide land use planning goal relating to public facilities and services or under ORS 197.732 [and any goals adopted under ORS 197.225 relating to public facilities and services].

(b) Sewer facilities approved under subsection (4) of this section shall be limited in size to meet the needs of authorized industrial uses and may not provide service to retail, commercial or residential development, except as provided under [any goals adopted under ORS 197.225] a statewide land use planning goal relating to public facilities and services[, unless all appropriate exceptions are approved] or under ORS 197.732. The presence of the sewer facilities may not be used to justify an exception to [any goals adopted to protect] statewide land use planning goals protecting agricultural lands [and] or forestlands or relating to urbanization.

(6)(a) The governing body of a county or its designee shall determine the boundary of an abandoned or diminished mill site. For an abandoned or diminished mill site that is rezoned for industrial use under this section, land within the boundary of the mill site may include only those areas that were improved for the processing or manufacturing of wood products.

(b) For an abandoned or diminished mill site subject to subsection (2), (3) or (4) of this section, the governing body of a city or county or its designee may approve a permit, as defined in ORS 215.402 or 227.160, only for industrial development and accessory uses subordinate to such development on the mill site. The governing body or its designee may not approve a permit for retail, commercial or residential development on the mill site.

(7) For land that on [the effective date of this 2003 Act] June 10, 2003, is zoned under [a goal adopted under ORS 197.225 for the protection of] statewide land use planning goals protecting agricultural lands or forestlands and that is rezoned for industrial use under subsections (2) and (3) of this section, the governing body of the county or its designee may not later rezone the land for retail, commercial or other nonresource use [unless all appropriate exceptions under ORS 197.732 have been approved], except as provided under the statewide land use planning goals or under ORS 197.732.

SECTION 4. (1) Sections 1 and 2 of this 2003 Act are repealed January 2, 2006.

(2) Notwithstanding the repeal of sections 1 and 2 of this 2003 Act by this section, for an application that is timely submitted and is complete either when first submitted or within the time allowed for submission of requested additional material under ORS 215.427 (3), the applicant may extend the period for the governing body of the county or its designee to take final action on an application for a permit under sections 1 and 2 of this 2003 Act, but may not extend the period beyond January 2, 2007.

Approved by the Governor August 21, 2003

Filed in the office of Secretary of State August 21, 2003

Effective date January 1, 2004

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