75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3298
Sponsored by Representatives CLEM, CANNON; Representatives
BAILEY, C EDWARDS, GARRETT, READ, J SMITH (at the request of
Oregon Farm Bureau, Oregon Association of Nurseries)
CHAPTER ................
AN ACT
Relating to land reserves; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section, 'Metolius Area of
Critical State Concern' means the areas identified as Area 1 and
Area 2 in the management plan recommended by the Land
Conservation and Development Commission.
(2) Pursuant to ORS 197.405 (4), the Legislative Assembly
hereby approves the recommendation of the commission, submitted
to the Legislative Assembly on April 2, 2009, that the Metolius
Area of Critical State Concern be designated an area of critical
state concern.
(3) The Legislative Assembly approves the management plan
included in the commission's recommendation pursuant to ORS
197.405 (1)(c) and directs the commission to adopt the management
plan, by rule, without change except that:
(a) The management plan must require:
(A) The commission to give notice of proposed amendments to the
management plan to the governing bodies of Jefferson County and
of the Confederated Tribes of the Warm Springs Indian
Reservation; and
(B) If either governing body files a written objection to the
proposed amendments, the commission to adopt the proposed
amendments only if the commission finds by clear and convincing
evidence that the proposed amendments meet the requirements of
subsection (5) of this section.
(b) The management plan must limit development of a small-scale
recreation community within township 13 south, range 10 east,
sections 20, 21, 28 and 29 in Jefferson County so that all units
must be sited within up to 25 clusters that may be connected only
by a road system. The commission may not enforce, and shall
modify, a contrary provision in the management plan.
(c) Descriptions in the management plan of annual average water
use must refer to annual average consumptive water use. The
commission may not enforce, and shall modify, a contrary
provision in the management plan.
(4) Except as otherwise provided in this section, the
commission may amend the management plan only as provided in the
management plan and only pursuant to applicable rulemaking
procedures.
Enrolled House Bill 3298 (HB 3298-B) Page 1
(5) In addition to limitations on development that are
contained in the management plan, new development allowed by
amendment of the management plan, except development allowed by
the administrative amendments required by subsection (3) of this
section, may not result in:
(a) Negative impact on the Metolius River, its springs or its
tributaries;
(b) Negative impact on fish resources in the Metolius Area of
Critical State Concern; or
(c) Negative impact on the wildlife resources in the Metolius
Area of Critical State Concern.
(6) A county may not approve siting a destination resort in the
Metolius Area of Critical State Concern. + }
SECTION 2. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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Passed by House May 8, 2009
Repassed by House June 22, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 12, 2009
...........................................................
President of Senate
Enrolled House Bill 3298 (HB 3298-B) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3298 (HB 3298-B) Page 3