74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3490
 
                           A-Engrossed
 
                         Senate Bill 30
                   Ordered by the Senate May 7
             Including Senate Amendments dated May 7
 
Sponsored by Senator WESTLUND; Senators BATES, BROWN, BURDICK,
  CARTER, COURTNEY, DECKERT, JOHNSON, WALKER, Representatives
  BOONE, CLEM, MERKLEY, ROSENBAUM
 
 
                             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.
 
  Prohibits siting of destination resort in or within three miles
of Metolius River Basin { +  unless county finds siting will not
have significant adverse impact on specified elements + }. { +
Allows Jefferson County to amend map of eligible lands for siting
destination resorts that was adopted as amendment to county's
comprehensive plan after December 1, 2006, and before January 1,
2007. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to destination resort siting; creating new provisions;
  amending ORS 197.455; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.455 is amended to read:
  197.455. (1) A destination resort must be sited on lands mapped
as eligible for destination resort siting by the affected county.
The county may not allow destination resorts approved pursuant to
ORS 197.435 to 197.467 to be sited in any of the following areas:
  (a) Within 24 air miles of an urban growth boundary with an
existing population of 100,000 or more unless residential uses
are limited to those necessary for the staff and management of
the resort.
  (b)(A) On a site with 50 or more contiguous acres of unique or
prime farmland identified and mapped by the United States Natural
Resources Conservation Service, or its predecessor agency.
  (B) On a site within three miles of a high value crop area
unless the resort complies with the requirements of ORS 197.445
(6) in which case the resort may not be closer to a high value
crop area than one-half mile for each 25 units of overnight
lodging or fraction thereof.
  (c) On predominantly Cubic Foot Site Class 1 or 2 forestlands
as determined by the State Forestry Department, which are not
subject to an approved goal exception.
  (d) In the Columbia River Gorge National Scenic Area as defined
by the Columbia River Gorge National Scenic Act, P.L.  99-663.
 
  (e) In an especially sensitive big game habitat area as
determined by the State Department of Fish and Wildlife in July
1984 or as designated in an acknowledged comprehensive plan.
   { +  (2) In addition to the limitations established in
subsection (1) of this section, a county may not allow
destination resorts approved pursuant to ORS 197.435 to 197.467
to be sited in or within three miles of the Metolius River Basin
unless the county first finds that siting destination resorts in
or within three miles of the basin will not have a significant
adverse impact on:
  (a) Significant fish and wildlife areas and habitats in the
basin;
  (b) Ecologically and scientifically significant natural areas
in the basin;
  (c) Scenic views in the basin;
  (d) Significant wetlands, watersheds and ground water resources
in the basin;
  (e) Significant wilderness areas in the basin;
  (f) Significant historic sites, structures and objects in the
basin;
  (g) Significant cultural areas in the basin; or
  (h) Approved federal wild and scenic rivers and state scenic
waterways in the basin. + }
    { - (2) - }   { + (3) + } In carrying out   { - subsection
(1) - }   { + subsections (1) and (2) + } of this section, a
county shall adopt, as part of its comprehensive plan, a map
consisting of eligible lands within the county. The map must be
based on reasonably available information and may be amended
pursuant to ORS 197.610 to 197.625, but not more frequently than
once every 30 months. The county shall develop a process for
collecting and processing concurrently all map amendments made
within a 30-month planning period. A map adopted pursuant to this
section shall be the sole basis for determining whether tracts of
land are eligible for destination resort siting pursuant to ORS
197.435 to 197.467.
  SECTION 2.  { + The amendments to ORS 197.455 by section 1 of
this 2007 Act apply to lands mapped as eligible for destination
resort siting based on comprehensive plan amendments that were
acknowledged on or after December 25, 2006. + }
  SECTION 3.  { + Notwithstanding the limitation in ORS 197.455
(2) on amending a map of eligible lands for siting a destination
resort, Jefferson County may amend the map that was adopted as an
amendment to the county's comprehensive plan after December 1,
2006, and before January 1, 2007. + }
  SECTION 4.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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