Or. Admin. Code § 660-039-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 660-039-0050 - Impacts on Natural Resources and Nearby Farm and Forest Uses

(1) The pilot project site shall be buffered from adjacent lands in an exclusive farm use zone, forest zone, or mixed farm and forest zone, by a minimum 100-foot-wide buffer on the pilot project site. The buffer shall include features, such as terrain differential, natural or introduced vegetation, and constructed berms, designed to provide additional buffering quality within the buffer area.

(2) In lieu of the buffer required under section (1), a qualifying city may propose an alternative method to avoid or minimize adverse effects on adjacent lands in an exclusive farm use zone, forest zone, or mixed farm and forest zone that would provide greater protection to land zoned farm, forest or mixed farm and forest than would otherwise be provided through the buffer.

(3) The commission shall consider the following when determining the strength of buffers pursuant to OAR 660-039-0080(2)(b)(C):

(a) The amount and percentage of the pilot project site perimeter that is not adjacent to lands in an exclusive farm use zone, forest zone, or mixed farm and forest zone;

(b) A proposed buffer that is wider than 100 feet, or that uses more thorough techniques within the buffer area to reduce impacts to farm and forest lands;

(c) The type and characteristics of farm and forest practices on the pilot project site over the past 20 years;

(d) The type and characteristics of farm and forest practices on lands adjacent to the pilot project site;

(e) The impact of the pilot project development on adjacent farm and forest practices including movement of farm and forest vehicles and equipment; and

(f) The impact of the pilot project development on fire protection, if adjacent to forest practices.

(4) If a qualifying city submits factual information demonstrating a Goal 5 resource site, or the impact areas of such a site, is included in the pilot project site to be added to the urban growth boundary, the qualifying city shall apply the requirements of OAR chapter 660, division 23. For purposes of this section, "impact area" is a geographic area within which conflicting uses could adversely affect a significant Goal 5 resource, as described in OAR 660-023-0040(3).

Or. Admin. Code § 660-039-0050

LCDD 2-2017, f. 2-24-17, cert. ef. 2/27/2017

Stat. Auth.: ORS 197.040, OL 2016, Ch. 52

Stats. Implemented: OL 2016, Ch. 52