(1) At any time after the establishment of a protected area, the State Department of Agriculture at the request of the area committee of such protected area, may establish a restricted area in accordance with the provisions of ORS § 561.510 to 561.590 governing the procedures for the declaration of quarantines.

Terms Used In Oregon Statutes 634.232

  • Department: means the State Department of Agriculture. See Oregon Statutes 634.006
  • Protected area: means an area established under the provisions of this chapter to prohibit or restrict the application of pesticides. See Oregon Statutes 634.006
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Restricted area: means an area established under the provisions of this chapter to restrict, but not prohibit, the application of pesticides. See Oregon Statutes 634.006

(2) The request, referred to in subsection (1) of this section, shall include the following:

(a) The description, including proposed boundaries, of the territory proposed to be a restricted area.

(b) A concise statement of the need for the establishment of the restricted area proposed.

(c) A concise statement of the pesticides and the times, methods or rates of pesticide application to be restricted.

(3)(a) In considering the establishment of a restricted area wherein herbicides are to be restricted, the outer boundaries of such proposed restricted area shall not be in excess of 10 airline miles beyond the outer boundary of the protected area, and if a restricted area wherein all other pesticides are to be restricted shall not be in excess of one airline mile beyond the outer boundary of the protected area.

(b) In considering the establishment of a restricted area, the factors set forth in ORS § 634.212 (5) shall be considered.

(c) ORS § 634.216 shall apply to the establishment of a restricted area, except that such restricted area shall be governed and administered by the area committee of the protected area, which committee shall have the same powers and duties set forth in ORS § 634.226 (2)(b), and except such restricted area shall not be deemed to be a governmental subdivision of this state as a public body corporate.

(d) In the event that a restricted area is established pursuant to subsection (1) of this section, the area committee shall be expanded to include one additional member who resides in the restricted area, but outside of the protected area. The additional member shall be elected in accordance with ORS § 634.226. [1973 c.341 § 28; 2009 c.98 § 29]

 

[1961 c.294 § 9; 1969 c.268 § 5; repealed by 1973 c.341 § 37]

 

[1969 c.268 § 3; repealed by 1973 c.341 § 37]

 

[1953 c.685 § 12; 1961 c.294 § 10; 1969 c.268 § 6; 1971 c.620 § 1; repealed by 1973 c.341 § 37]

 

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