Or. Admin. Code § 123-650-1100

Current through Register Vol. 63, No. 10, October 1, 2024

Section 123-650-1100 - Extended Rural Distances

For purposes of ORS 285C.050(19), 285C.090(4) and 285C.120:

(1) This rule has no bearing on total enterprise zone area as limited in OAR 123-650-1000(3) and applies only to rural enterprise zones that are or will be at least partially outside a county, for which the most recently available estimate from the Portland State University Population Research Center of the county's total population divided by its area exceeds 100 persons per square mile. Such a county is defined herein for purposes of this rule as a "densely populated county," of which there are seven: Benton, Clackamas, Marion, Multnomah, Polk, Washington and Yamhill counties.

(2) The maximum distance allowed in OAR 123-650-1000(1)(a) increases from 15 to:

(a) 25 lineal miles, if no area of the zone is in a densely populated county; or

(b) 20 lineal miles, if some but not all of the zone area lies in a densely populated county.

(3) The maximum distance allowed in OAR 123-650-1000(1)(b) increases from 5 to 15 lineal miles if none of the separate area is in a densely populated county.

(4) In accordance with ORS 285C.120(2), the Director may waive a limitation in section (2) or (3) of this rule to allow even greater distance as part of an applicable enterprise zone designation, re-designation or boundary change:

(a) As specifically requested by the Sponsoring Government(s) or zone sponsor in the documentation submitted to the Department as described in OAR 123-650-4100 or 123-650-4400;

(b) Such that the waiver is approved by the Director in the context of the Department's issuing a positive determination as described in OAR 123-650-4900; and

(c) If evidence or indications as evaluated by the Department satisfy points described in section (5) of this rule.

(5) For a waiver in section (4) of this rule, the following three points need to be satisfied:

(a) Challenges or difficulties might otherwise arise were separate enterprise zones to be created, including but not limited to an isolated site or small community that would be ineffective or inefficient on its own as a zone with respect to such matters as marketing, management or assistance to eligible business firms in the zone;

(b) Effective administration within the overall zone boundary appears likely, in that for example, it is located entirely in one county or traversable over relatively direct and efficient road distances; appointed zone management is capable of serving the entire zone, or the zone sponsor will devote sufficient resources for management of the extended zone; and

(c) That the waiver would:

(A) Further goals and purpose of applicable state policies, including but not limited to the Oregon Enterprise Zone Act or state land use goals; or

(B) Offer the opportunity to site a significant business investment efficiently and expeditiously, to assist a community exhibiting particular hardship, or to accommodate the expressed preference of local jurisdictions.

Or. Admin. Code § 123-650-1100

OBDD 23-2010, f. & cert. ef. 6-14-10; OBDD 13-2012, f. & cert. ef. 8-15-12; OBDD 15-2015, f. & cert. ef. 11/12/2015; OBDD 11-2017, amend filed 11/29/2017, effective 11/29/2017; OBDD 12-2020, amend filed 08/12/2020, effective 8/12/2020; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.120(2)(b)

Statutes/Other Implemented: ORS 285C.050, 285C.090 & 285C.120