72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 3375
Sponsored by Representative GARRARD; Representatives BEYER,
BROWN, HOPSON, JOHNSON, KRUSE, MABREY, MORGAN, VERGER, Senators
BROWN, FERRIOLI, MESSERLE, SHIELDS (at the request of
Association of Oregon Counties, League of Oregon Cities)
CHAPTER ................
AN ACT
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:
Enrolled House Bill 3375 (HB 3375-INTRO) Page 1
(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.
Enrolled House Bill 3375 (HB 3375-INTRO) Page 2
(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. + }
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Passed by House April 9, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 2, 2003
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President of Senate
Enrolled House Bill 3375 (HB 3375-INTRO) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 3375 (HB 3375-INTRO) Page 4