As provided by ORS 195.125 and OAR 660-034-0030, state park uses and facilities that existed on July 25, 1997, may be continued subject to the discretion of the Commission and Director, whether or not such uses are part of an adopted master plan, and notwithstanding any other provisions of this division.
(1) Continuance of existing state park uses and facilities may include: the repair and renovation of existing facilities; the replacement of existing facilities, including minor location changes; and the minor expansion of existing uses and facilities. Such minor location changes and expansions are subject to clear and objective siting criteria set forth in local ordinances and relevant state and federal permitting authorities.(2) Prior to applying for local government permits to change the location of an existing park facility or expand an existing park use or facility pursuant to section (1) of this rule, the Director shall determine whether the proposed location change or expansion is minor or major. Such determinations by the Director are not intended to be directive to local governments. In making the determination, the Director shall review the proposed location change or expansion for consistency with the state park master planning criteria described under OAR 736-018-0020. Location changes or expansions may be determined by the Director to be minor if they are consistent with the statewide goals and ORS 215.296 and are not expected to cause significant impacts on adjacent land uses, other uses in the park, local public services, transportation systems or important natural, cultural, or scenic resources. Further: (a) A location change for an existing park facility may be determined by the Director to be minor if it does not cause the facility to serve a different park use area.(b) The following limitations shall apply to the Director's determinations involving minor expansions of existing park uses and facilities:(A) A maximum of 20 percent increase in the floor area of any permanent building, provided that this limitation shall not apply to the following: toilet and shower buildings; garbage and recycling collection buildings; campground registration and storage buildings; and any other accessory building that does not exceed 120 square feet after expansion;(B) A maximum of 20 percent increase in the number of bedrooms in any lodge, inn, bed and breakfast, barracks or bunkhouse, or group of cabins, or in any park use area;(C) A maximum of 20 percent increase in the number of camp sites in any general or group camping area;(D) A maximum of 20 percent increase in the number of parking spaces in any parking lot or park use area; and(E) A maximum of 20 percent increase in the surface area of any road for purposes of improving safety, realignment or widening; and(F) Extension of an existing road to provide access to a use that is expanded or relocated under the provisions of this rule may be considered minor only to the extent needed to serve the expanded or relocated use.Or. Admin. Code § 736-018-0043
PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180