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
 
                         House Bill 3013
 
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 as
introduced.
 
  Authorizes issuance of permit for mining from resource site not
included in inventory in acknowledged comprehensive plan.
 
                        A BILL FOR AN ACT
Relating to mining; 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) - }   { + (2) + } 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.
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