(1) If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS § 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine whether the lands contain ecologically significant natural areas or resources. The county shall consider appropriate goals and the ‘Oregon Conservation Strategy’ prepared in September of 2006 by the State Department of Fish and Wildlife.

Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

(2) The county shall maintain an inventory in the comprehensive plan of nonresource lands that contain ecologically significant natural areas or resources and establish a program to protect the areas or resources from the adverse effects of new uses allowed by the planning or zoning changes. The county may use nonregulatory programs to protect the resources including, but not limited to, programs for the transfer of severable development interests to other lands that do not contain ecologically significant resources.

(3) If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS § 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine that the uses allowed by the planning or zoning changes are consistent with the carrying capacity of the lands. The county shall ensure that:

(a) The amount, type, location and pattern of development on lands redesignated as nonresource lands:

(A) Will be rural in character and will not significantly interfere with orderly and efficient development of urban areas in the vicinity;

(B) Will not significantly conflict with existing or reasonably foreseeable farm or forest uses or with accepted farm or forest practices; and

(C) Will not lead to significant adverse effects including, but not limited to, adverse effects on:

(i) Water quality or the availability or cost of water supply;

(ii) Energy use;

(iii) State or local transportation facilities;

(iv) Fish or wildlife habitat or other ecologically significant lands;

(v) The risk of wildland fire or the cost of fire suppression;

(vi) The cost of public facilities or services; or

(vii) The fiscal health of a local government.

(b) Additional residential development on nonresource lands is, to the extent practicable, located and clustered to:

(A) Minimize the effects on farm and forest uses;

(B) Avoid lands subject to natural hazards; and

(C) Reduce the costs of public facilities and services. [2009 c.873 § 6]

See note under 215.788.