72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2043
A-Engrossed
House Bill 2849
Ordered by the House May 5
Including House Amendments dated May 5
Sponsored by Representative ZAUNER; Representative NELSON
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Directs counties to establish one or more rural zones for rural
lands { - that do not qualify for zoning as exclusive farm use,
forest use or mixed farm and forest use - } { + meeting certain
conditions + }. Directs counties to plan for land use and land
divisions in rural zones established. Allows development without
adopting exception to specified land use planning goals.
A BILL FOR AN ACT
Relating to rural land use planning.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 215. + }
SECTION 2. { + (1) As used in this section:
(a) 'Eastern Oregon' has the meaning given that term in ORS
321.405.
(b) 'Western Oregon' has the meaning given that term in ORS
321.257.
(2) The governing body of a county or its designee shall
establish one or more rural zones on those lands that:
(a) Are located in western Oregon and that are not composed
predominantly of soils in capability class I, II, III or IV as
identified by the Natural Resources Conservation Service;
(b) Are located in eastern Oregon and that are not composed
predominantly of soils in capability class I, II, III, IV, V or
VI as identified by the Natural Resources Conservation Service;
(c) Are not suitable for farm use, as defined in ORS 215.203,
taking into consideration soil fertility, suitability for
grazing, climatic conditions, existing and anticipated
availability of water for irrigation, existing land use patterns,
technological and energy input requirements and accepted farming
practices;
(d) Are not necessary to allow farm operations or practices on
adjacent or nearby land;
(e) Are not acknowledged on or before January 1, 2003, by the
Land Conservation and Development Commission as forestlands under
a land use planning goal protecting forestland;
(f) Are not suitable for commercial forest uses and that are
not necessary to allow forest operations or practices on adjacent
or nearby land;
(g) Are not forested lands that maintain soil, air, water and
fish and wildlife resources; or
(h) Are not lands for which the county has adopted an exception
under ORS 197.732 to land use planning goals relating to the
protection of farm lands or forestlands.
(3) The governing body of a county or its designee shall
establish the allowable uses of land and the conditions or
standards for land divisions in rural zones established pursuant
to subsection (2) of this section, consistent with the
acknowledged comprehensive plan of the county, except as provided
in subsection (4) of this section.
(4) The governing body of a county or its designee may plan for
development of land in rural zones established pursuant to
subsection (2) of this section without adopting an exception
under ORS 197.732 to the land use planning goals relating to the
following:
(a) Public facilities and services; and
(b) Rural to urban land use transition. + }
----------