69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
Enrolled
House Bill 2605
Sponsored by Representative REPINE (at the request of League of
Oregon Cities, Oregon Building Industry Association, Oregon
Association of Realtors, Oregon Farm Bureau, Oregon Public
Ports Association, Port of Portland, Oregon Concrete and
Aggregate Producers Association, 1000 Friends of Oregon and the
Association of Oregon Counties)
CHAPTER ................
AN ACT
Relating to airports; creating new provisions; amending ORS
836.340, 836.610, 836.625 and 836.630; repealing ORS 836.300,
836.305, 836.310, 836.315, 836.320, 836.325, 836.330, 836.335,
836.345, 836.350, 836.355, 836.360, 836.365, 836.370, 836.375,
836.380, 836.385, 836.390, 836.395, 836.400, 836.615, 836.620
and 836.635; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 836.340 is amended to read:
836.340. (1) No airport zoning regulations adopted under
authority of ORS { - 836.310 or 836.315 - } { + 836.600 to
836.635 + } shall require the alteration or relocation of the
operating property of any public utility, as defined in ORS
757.005, without the consent of such utility or unless the Public
Utility Commission, after notice and hearing in accordance with
the rules of procedure of the commission, determines that such
alteration or relocation is justified by the public interest.
(2) All administrative expenses incurred in any such hearing
shall be paid by the party not prevailing therein. All actual and
necessary expenses incurred in making such alteration or change,
if any, shall be borne by the municipality.
SECTION 2. ORS 836.610 is amended to read:
836.610. (1) Local governments shall amend their comprehensive
plan and land use regulations { - to designate areas of land as
airport zones - } consistent with the rules { + for
airports + } adopted { + by the Land Conservation and
Development Commission + } under ORS 836.615 and 836.620.
{ - Land within such airport zones shall be designated for
airport uses and activities. Land designated as airport zones - }
{ + Airports subject to the rules + } shall include:
(a) { + Publicly owned + } airports registered, licensed or
otherwise recognized by the Department of Transportation on or
before December 31, 1994, that in 1994 were the base for three or
more aircraft; and
(b) { - Such other areas as local governments may designate
in conformance with statewide land use goals. - } { + Privately
owned public-use airports specifically identified in
administrative rules of the Department of Transportation that:
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(A) Provide important links in air traffic in this state;
(B) Provide essential safety or emergency services; or
(C) Are of economic importance to the county where the airport
is located. + }
{ - (2) Airport zones described in subsection (1) of this
section shall not include personal-use airports as described in
ORS 215.213 and 215.283 that served as the base for two or fewer
aircraft in 1994. - }
{ - (3) - } { + (2)(a) + } Local governments shall amend
their comprehensive plan and land use regulations as required
under subsection (1) of this section not later than the first
periodic review, as described in ORS 197.628 to 197.646,
conducted after the date of the adoption { - by the Land
Conservation and Development Commission of rules as described in
ORS 836.615 and 836.620. - } { + of a list of airports by the
Department of Transportation under subsection (3) of this
section.
(b) A state agency or other person may provide funding to a
local government to accomplish the planning requirements of this
section earlier than otherwise required under this subsection.
(3) The Department of Transportation by rule shall adopt a list
of airports described in subsection (1) of this section. The
rules shall be reviewed and updated periodically to add or remove
airports from the list. An airport may be removed from the list
only upon request of the airport owner or upon closure of the
airport for a period of more than three years. + }
SECTION 2a. { + The Department of Transportation shall adopt
rules required under section 2 of this Act not later than July 1,
1998. + }
SECTION 3. { + (1) The continued operation and vitality of
airports registered, licensed or otherwise recognized by the
Department of Transportation on December 31, 1994, is a matter of
state concern.
(2) A local government shall recognize in its planning
documents the location of private-use airports and privately
owned public-use airports not listed under ORS 836.610 (3) if the
airport was the base for three or more aircraft, as shown in the
records of the Department of Transportation, on December 31,
1994. Local planning documents shall establish a boundary
showing areas in airport ownership, or subject to long-term
lease, that are developed or committed to airport uses described
in section 5 (2) of this 1997 Act. Areas committed to airport
uses shall include those areas identified by the airport owner
that the local government determines can be reasonably expected
to be devoted to airport uses allowed under section 5 (2) of this
1997 Act.
(3)(a) A local government shall not impose limitations on the
continued operation of uses described in section 5 (2) of this
1997 Act that existed at any time during 1996 at an airport
described in subsection (2) of this section. A local government
shall allow for the growth of uses described in section 5 (2) of
this 1997 Act that existed at any time during 1996 at an airport
described in subsection (2) of this section. A local government
shall not impose additional limitations on a use approved by the
local government prior to January 1, 1997, for an airport
described in subsection (2) of this section. Notwithstanding
subsection (4) of this section, the construction of additional
hangars or tie-downs by the owner of an airport described in
subsection (2) of this section, basing additional aircraft and
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increases in flight activity shall be permitted at an airport
described in subsection (2) of this section.
(b) A local government may authorize the establishment of a new
use described in section 5 (2) of this 1997 Act at an airport
described in subsection (2) of this section following a public
hearing on the use. The hearing shall be for the purpose of
establishing compliance with adopted clear and objective
standards relating to the compatibility and adequacy of public
facilities and services as provided under subsection (5) of this
section. Standards and requirements as adopted by the local
government shall further the policy of ORS 836.600 to the maximum
extent practicable.
(4) Growth of an existing use on an airport as described in
subsection (3)(a) of this section that requires a building permit
shall be allowed as an administrative decision without public
hearing unless the growth:
(a) Cannot be supported by existing public facilities and
services and transportation systems authorized by applicable
statewide land use planning goals;
(b) Forces a significant change or significantly increases the
costs of conducting existing uses on surrounding lands; or
(c) Exceeds the standards of ORS 215.296 (1) if the airport is
adjacent to land zoned for exclusive farm use.
(5) A local government shall authorize a new use described in
subsection (3)(b) of this section provided the use:
(a) Is or will be supported by adequate types and levels of
public facilities and services and transportation systems
authorized by applicable statewide land use planning goals;
(b) Does not seriously interfere with existing land uses in
areas surrounding the airport; and
(c) The local government reviews the use under the standards
described in ORS 215.296 if the airport is adjacent to land zoned
for exclusive farm use.
(6) An applicant for a new use under subsection (5) of this
section may demonstrate that the standards for approval will be
satisfied through the imposition of conditions. Any conditions
imposed shall be clear and objective.
(7) A local government may adopt standards and requirements for
the establishment of new airports, the expansion of existing
airports and the regulation of uses and activities at airports
serving as the base for two or fewer aircraft on December 31,
1994, as shown in the records of the Department of
Transportation. The standards and requirements shall comply with
applicable statewide land use planning laws.
(8) The Land Conservation and Development Commission shall
adopt rules regulating the height of structures to protect
approach corridors at airports described in subsection (2) of
this section and at publicly owned airports that are the base for
two or fewer aircraft. + }
SECTION 4. { + ORS 836.615 is repealed and section 5 of this
Act is enacted in lieu thereof. + }
SECTION 5. { + (1) Following consultation with the Department
of Transportation, the Land Conservation and Development
Commission shall adopt rules for uses and activities allowed
within the boundaries of airports identified in ORS 836.610 (1)
and airports described in section 3 (2) of this 1997 Act.
(2) Within airport boundaries established pursuant to
commission rules, local government land use regulations shall
authorize the following uses and activities:
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(a) Customary and usual aviation-related activities including
but not limited to takeoffs, landings, aircraft hangars,
tie-downs, construction and maintenance of airport facilities,
fixed-base operator facilities and other activities incidental to
the normal operation of an airport;
(b) Emergency medical flight services;
(c) Law enforcement and firefighting activities;
(d) Flight instruction;
(e) Aircraft service, maintenance and training;
(f) Crop dusting and other agricultural activities;
(g) Air passenger and air freight services at levels consistent
with the classification and needs identified in the State
Aviation System Plan;
(h) Aircraft rental;
(i) Aircraft sales and sale of aeronautic equipment and
supplies; and
(j) Aeronautic recreational and sporting activities.
(3) All land uses and activities permitted within airport
boundaries, other than the uses and activities established under
subsection (2) of this section, shall comply with applicable land
use laws and regulations. A local government may authorize
commercial, industrial and other uses in addition to those listed
in subsection (2) of this section within an airport boundary
where such uses are consistent with applicable provisions of the
acknowledged comprehensive plan, statewide land use planning
goals and commission rules and where the uses do not create a
safety hazard or limit approved airport uses.
(4) The provisions of this section do not apply to airports
with an existing or approved control tower on June 5, 1995. + }
SECTION 6. { + Nothing in section 3 or 5 of this 1997 Act is
intended to allow the approval or expansion of a land use
activity inside the boundaries of an airport if the activity has
been limited or prohibited by the decision of a court of
competent jurisdiction rendered prior to the effective date of
this 1997 Act. + }
SECTION 7. { + ORS 836.620 is repealed and section 8 of this
Act is enacted in lieu thereof. + }
SECTION 8. { + Following consultation with the Department of
Transportation, the Land Conservation and Development Commission
shall adopt rules establishing compatibility and safety standards
for uses of land near airports identified in ORS 836.610 (1). + }
SECTION 9. { + (1) A local government may adopt land use
compatibility and safety requirements that are more stringent
than the minimum required by Land Conservation and Development
Commission rules for issues other than water impoundments where
such regulations are within its authority. Local government
action regarding new water impoundments shall comply with
subsection (2) of this section. If a local government receives
information in a hearing on a land use application alleging that
public safety requires a higher level of protection than the
minimum established in commission rules and if the information is
supported by evidence, the governing body shall consider the
information and adopt findings explaining the bases for any
decision regarding the need for more stringent requirements. Land
use requirements regarding safety and compatibility shall
consider the effects of mitigation measures or conditions that
could reduce safety risks and incompatibility.
(2) The following requirements and conditions shall apply to
safety risks associated with potential bird strike hazards
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resulting from new water impoundments proposed in close proximity
to an airport identified under ORS 836.610 (1):
(a) No new water impoundments of one-quarter acre or larger
shall be allowed:
(A) Within an approach corridor and within 5,000 feet from the
end of a runway; or
(B) On land owned by the airport or airport sponsor where the
land is necessary for airport operations;
(b) A local government may adopt regulations that limit the
establishment of new water impoundments of one-quarter acre or
larger for areas outside an approach corridor and within 5,000
feet of a runway only where the local government adopts findings
of fact, supported by substantial evidence in the whole record,
that the impoundments are likely to result in a significant
increase in hazardous movements of birds feeding, watering or
roosting in areas across the runways or approach corridors. The
local government shall consider the effects of mitigation
measures or conditions that could reduce safety risks and
incompatibility;
(c) A local government may adopt regulations that limit the
establishment of new water impoundments of one-quarter acre or
larger between 5,000 feet and 10,000 feet of a runway outside an
approach corridor and between 5,000 feet and 40,000 feet within
an approach corridor for an airport with an instrument approach
only where the local government adopts findings of fact,
supported by substantial evidence in the whole record, that the
impoundments are likely to result in a significant increase in
hazardous movements of birds feeding, watering or roosting in
areas across the runways or approach corridors. The local
government shall consider the effects of mitigation measures or
conditions that could reduce safety risks and incompatibility;
(d) If a local government receives information and supporting
evidence in the hearing process that alleges a significant
increase in hazardous movements of birds feeding, watering or
roosting in areas across the runways or approach corridors, the
local government shall consider the information and evidence and
adopt findings as required by paragraphs (b) and (c) of this
subsection explaining the bases for any decision regarding the
need to limit the establishment of new water impoundments of
one-quarter acre or larger; and
(e) Notwithstanding the requirements of paragraphs (a) to (c)
of this subsection, wetlands mitigation required for projects
located within the areas identified in paragraphs (a) to (c) of
this subsection shall be authorized where it is not practicable
to provide off-site mitigation.
(3) A local government that receives information under
subsection (2)(d) of this section shall forward the information
to the Federal Aviation Administration for review and comment
prior to any final action by the local government to impose a
compatibility or safety standard more stringent than required by
rule of the Land Conservation and Development Commission.
(4) Subsection (2) of this section does not apply to a storm
water management basin established by an airport identified under
ORS 836.610 (1) or agricultural water impoundments in which the
water is used directly for growing crops such as cranberries or
rice.
(5) Subsection (2)(a) to (c) of this section does not apply to
seaplane landing areas.
(6) As used in this section, 'significant' means a level of
increased flight activity by birds across approach corridors and
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runways that is more than incidental or occasional, considering
the existing ambient levels of flight activity by birds in the
vicinity. + }
SECTION 10. { + A local government shall provide notice to the
Department of Transportation when the local government or its
designee receives an application for a comprehensive plan
amendment, zone change or permit as defined in ORS 215.402 or
227.160 that, if approved, would result in a water impoundment
larger than one-quarter acre within 10,000 feet of an airport
identified in ORS 836.610 (1). + }
SECTION 11. ORS 836.625 is amended to read:
836.625. (1) The limitations on uses made of land in exclusive
farm use zones described in ORS 215.213 and 215.283 { - and
limitations imposed by or adopted pursuant to ORS 197.040 - } do
not apply to the provisions of { - this chapter - } { + ORS
836.600 to 836.635 + } regarding airport { - zones - } { +
uses + }.
(2) The provisions of this section do not affect the
eligibility of a zone for special assessment as provided in ORS
308.370 and 308.404.
SECTION 12. ORS 836.630 is amended to read:
836.630. (1) Nothing in ORS 836.600 to 836.625 shall be
interpreted to allow the siting of a new airport except as
provided in ORS chapters 197 and 215 and in conformance with all
applicable land use regulations and ordinances.
(2) The Department of Transportation shall propose and the Land
Conservation and Development Commission shall adopt rules under
ORS 836.615 and 836.620 that are no more restrictive than the
{ - department - } { + commission + } determines necessary to
effect the policy established in ORS 836.600.
(3) The provisions of ORS { - 836.300, 836.305 and - }
836.600 to 836.635 and any rules established hereunder shall be
liberally construed to further the policy established in ORS
836.600.
SECTION 13. { + (1) Sections 3, 6 and 9 of this Act are added
to and made a part of ORS 836.600 to 836.635.
(2) Section 10 of this Act is added to and made a part of ORS
chapter 197. + }
SECTION 14. { + ORS 836.300, 836.305, 836.310, 836.315,
836.320, 836.325, 836.330, 836.335, 836.345, 836.350, 836.355,
836.360, 836.365, 836.370, 836.375, 836.380, 836.385, 836.390,
836.395, 836.400 and 836.635 are repealed. + }
SECTION 15. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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Enrolled House Bill 2605 (HB 2605-A) Page 6
Passed by House May 9, 1997
Repassed by House July 3, 1997
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 10, 1997
Repassed by Senate July 3, 1997
...........................................................
President of Senate
Enrolled House Bill 2605 (HB 2605-A) Page 7
Received by Governor:
......M.,............., 1997
Approved:
......M.,............., 1997
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1997
...........................................................
Secretary of State
Enrolled House Bill 2605 (HB 2605-A) Page 8