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 2203
 
                           A-Engrossed
 
                         House Bill 3013
                  Ordered by the Senate June 20
            Including Senate Amendments dated June 20
 
Sponsored by Representative MORGAN (at the request of Oregon
  Concrete and Aggregate Producers Association)
 
 
                             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.
 
    { - Authorizes issuance of permit for mining from resource
site not included in inventory in acknowledged comprehensive
plan. - }
   { +  Defines inventory as specified lists of aggregate
resource sites for purpose of authorizing issuance of mining
permit.
  Sunsets July 1, 2005. + }
 
                        A BILL FOR AN ACT
Relating to mining; creating new provisions; and amending ORS
  215.298.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 215.298 is amended to read:
  215.298. (1) For purposes of ORS 215.213 (2) and 215.283 (2), a
land use permit is required for mining more than 1,000 cubic
yards of material or excavation preparatory to mining of a
surface area of more than one acre. A county may set standards
for a lower volume or smaller surface area than that set forth in
this subsection.
  (2) A permit for mining of aggregate shall be issued only for a
site included on an inventory in an acknowledged comprehensive
plan.
  (3) For purposes of ORS 215.213 (2) and 215.283 (2) and this
section, 'mining' includes all or any part of the process of
mining by the removal of overburden and the extraction of natural
mineral deposits thereby exposed by any method including open-pit
mining operations, auger mining operations, processing, surface
impacts of underground mining, production of surface mining
refuse and the construction of adjacent or off-site borrow pits
except those constructed for use as access roads. 'Mining' does
not include excavations of sand, gravel, clay, rock or other
similar materials conducted by a landowner or tenant on the
landowner or tenant's property for the primary purpose of
reconstruction or maintenance of access roads and excavation or
grading operations conducted in the process of farming or
cemetery operations, on-site road construction or other on-site
construction or nonsurface impacts of underground mines.
   { +  (4) For purposes of this section, 'inventory' means one
of two lists of aggregate resource sites:
  (a) A list of aggregate resource sites that are determined to
be significant under criteria established by rule of the Land
Conservation and Development Commission; or
  (b) A list of aggregate resource sites that are not determined
to be significant under paragraph (a) of this subsection but on
which mining is allowed. + }
  SECTION 2. ORS 215.298, as amended by section 1 of this 2003
Act, is amended to read:
  215.298. (1) For purposes of ORS 215.213 (2) and 215.283 (2), a
land use permit is required for mining more than 1,000 cubic
yards of material or excavation preparatory to mining of a
surface area of more than one acre. A county may set standards
for a lower volume or smaller surface area than that set forth in
this subsection.
  (2) A permit for mining of aggregate shall be issued only for a
site included on an inventory in an acknowledged comprehensive
plan.
  (3) For purposes of ORS 215.213 (2) and 215.283 (2) and this
section, 'mining' includes all or any part of the process of
mining by the removal of overburden and the extraction of natural
mineral deposits thereby exposed by any method including open-pit
mining operations, auger mining operations, processing, surface
impacts of underground mining, production of surface mining
refuse and the construction of adjacent or off-site borrow pits
except those constructed for use as access roads. 'Mining' does
not include excavations of sand, gravel, clay, rock or other
similar materials conducted by a landowner or tenant on the
landowner or tenant's property for the primary purpose of
reconstruction or maintenance of access roads and excavation or
grading operations conducted in the process of farming or
cemetery operations, on-site road construction or other on-site
construction or nonsurface impacts of underground mines.
    { - (4) For purposes of this section, 'inventory' means one
of two lists of aggregate resource sites: - }
    { - (a) A list of aggregate resource sites that are
determined to be significant under criteria established by rule
of the Land Conservation and Development Commission; or - }
    { - (b) A list of aggregate resource sites that are not
determined to be significant under paragraph (a) of this
subsection but on which mining is allowed. - }
  SECTION 3.  { + The amendments to ORS 215.298 by section 2 of
this 2003 Act become operative on July 1, 2005. + }
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