73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3536
Senate Bill 1037
Sponsored by Senator RINGO, Representative GARRARD
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies authority of and procedures for public entity to pay
compensation for or to modify, remove or not apply land use
regulations that restrict use and reduce fair market value of
real property. Modifies provisions authorizing establishment of
lot of record dwellings in farm and forest zones.
A BILL FOR AN ACT
Relating to land use; creating new provisions; amending ORS
94.508, 183.457, 197.015, 197.020, 197.298, 197.505, 197.825,
215.417, 215.705, 215.720 and 455.446 and section 1, chapter
728, Oregon Laws 1997, and chapter 1, Oregon Laws 2005; and
repealing ORS 215.710, 215.740 and 215.750.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 215.705 is amended to read:
215.705. (1) { - A - } { + The + } governing body of a
county or its
{ - designate - } { + designee + } may allow the
establishment of a single-family dwelling on a lot or parcel
located within a farm or forest zone as set forth in this section
and ORS { - 215.710, - } 215.720 { - , 215.740 and 215.750 - }
{ + and 215.730 + } after notifying the county assessor that the
governing body intends to allow the dwelling. A dwelling under
this section may be allowed if:
(a) The lot or parcel on which the dwelling will be sited was
lawfully created and was acquired by the present owner:
(A) Prior to { - January 1, 1985 - } { + December 31,
1994 + }; or
(B) By devise or by intestate succession from a person who
acquired the lot or parcel prior to { - January 1, 1985 - }
{ + December 31, 1994 + }.
(b) The tract on which the dwelling will be sited does not
include a dwelling.
(c) The proposed dwelling { - is not prohibited by, and will
comply - } { + complies + } with { - , - } the
{ + applicable siting + } requirements of the acknowledged
comprehensive plan and land use regulations and other provisions
of law.
{ - (d) The lot or parcel on which the dwelling will be
sited, if zoned for farm use, is not on that high-value farmland
described in ORS 215.710 except as provided in subsections (2)
and (3) of this section. - }
{ - (e) The lot or parcel on which the dwelling will be
sited, if zoned for forest use, is described in ORS 215.720,
215.740 or 215.750. - }
{ - (f) - } { + (d) + } When the lot or parcel on which the
dwelling will be sited lies within an area designated in an
acknowledged comprehensive plan as habitat of big game, the
siting of the dwelling is consistent with the limitations on
density upon which the acknowledged comprehensive plan and land
use regulations intended to protect the habitat are based.
{ - (g) - } { + (e) + } When the lot or parcel on which the
dwelling will be sited is part of a tract, the remaining portions
of the tract are consolidated into a single lot or parcel when
the dwelling is allowed.
{ - (2)(a) Notwithstanding the requirements of subsection
(1)(d) of this section, a single-family dwelling not in
conjunction with farm use may be sited on high-value farmland
if: - }
{ - (A) It meets the other requirements of ORS 215.705 to
215.750; - }
{ - (B) The lot or parcel is protected as high-value farmland
as described under ORS 215.710 (1); and - }
{ - (C) A hearings officer of a county determines that: - }
{ - (i) The lot or parcel cannot practicably be managed for
farm use, by itself or in conjunction with other land, due to
extraordinary circumstances inherent in the land or its physical
setting that do not apply generally to other land in the
vicinity. - }
{ - (ii) The dwelling will comply with the provisions of ORS
215.296 (1). - }
{ - (iii) The dwelling will not materially alter the
stability of the overall land use pattern in the area. - }
{ - (b) - } { + (2)(a) + } A { - local government - }
{ + county + } shall provide notice of all applications for
dwellings allowed under this { - subsection - } { + section:
(A) + } To the State Department of Agriculture { + for
dwellings allowed in a farm zone; and
(B) To the State Forestry Department for dwellings allowed in a
forest zone + }.
{ + (b) + } Notice { - shall - } { + must + } be provided
in accordance with the
{ - governing body's - } { + county's + } land use
regulations but { - shall - } { + must + } be mailed at least
20 calendar days prior to the public hearing
{ - before the hearings officer under paragraph (a) of this
subsection - } { + on the application + }.
{ - (3) Notwithstanding the requirements of subsection (1)(d)
of this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland if: - }
{ - (a) It meets the other requirements of ORS 215.705 to
215.750. - }
{ - (b) The tract on which the dwelling will be sited is: - }
{ - (A) Identified in ORS 215.710 (3) or (4); - }
{ - (B) Not protected under ORS 215.710 (1); and - }
{ - (C) Twenty-one acres or less in size. - }
{ - (c)(A) The tract is bordered on at least 67 percent of
its perimeter by tracts that are smaller than 21 acres, and at
least two such tracts had dwellings on them on January 1,
1993; - }
{ - (B) The tract is not a flaglot and is bordered on at
least 25 percent of its perimeter by tracts that are smaller than
21 acres, and at least four dwellings existed on January 1, 1993,
within one-quarter mile of the center of the subject tract. Up to
two of the four dwellings may lie within the urban growth
boundary, but only if the subject tract abuts an urban growth
boundary; or - }
{ - (C) The tract is a flaglot and is bordered on at least 25
percent of its perimeter by tracts that are smaller than 21
acres, and at least four dwellings existed on January 1, 1993,
within one-quarter mile of the center of the subject tract and on
the same side of the public road that provides access to the
subject tract. The governing body of a county must interpret the
center of the subject tract as the geographic center of the
flaglot if the applicant makes a written request for that
interpretation and that interpretation does not cause the center
to be located outside the flaglot. Up to two of the four
dwellings may lie within the urban growth boundary, but only if
the subject tract abuts an urban growth boundary. As used in this
subparagraph: - }
{ - (i) 'Flaglot' means a tract containing a narrow strip or
panhandle of land providing access from the public road to the
rest of the tract. - }
{ - (ii) 'Geographic center of the flaglot' means the point
of intersection of two perpendicular lines of which the first
line crosses the midpoint of the longest side of a flaglot, at a
90-degree angle to that side, and the second line crosses the
midpoint of the longest adjacent side of the flaglot. - }
{ - (4) If land is in a zone that allows both farm and forest
uses, is acknowledged to be in compliance with goals relating to
both agriculture and forestry and may qualify as an exclusive
farm use zone under this chapter, the county may apply the
standards for siting a dwelling under either subsection (1)(d) of
this section or ORS 215.720, 215.740 and 215.750 as appropriate
for the predominant use of the tract on January 1, 1993. - }
{ - (5) - } { + (3) + } A county may, by application of
criteria adopted by ordinance, deny approval of a dwelling
allowed under this section in any area where the county
determines that approval of the dwelling would:
(a) Exceed the facilities and service capabilities of the
area; { + or + }
{ - (b) Materially alter the stability of the overall land
use pattern in the area; or - }
{ - (c) - } { + (b) + } Create conditions or circumstances
that the county determines would be contrary to the purposes or
intent of its acknowledged comprehensive plan or land use
regulations.
{ - (6) - } { + (4) + } { - For purposes of subsection
(1)(a) of - } { + As used in + } this section, 'owner' includes
the wife, husband, son, daughter, mother, father, brother,
brother-in-law, sister, sister-in-law, son-in-law,
daughter-in-law, mother-in-law, father-in-law, aunt, uncle,
niece, nephew, stepparent, stepchild, grandparent or grandchild
of the owner or a business entity owned by any one or combination
of these family members.
{ - (7) - } { + (5) + } When a { - local government - }
{ + county + } approves an application for a single-family
dwelling under the provisions of this section, the application
may be transferred by a person who has qualified under this
section to any other person after the effective date of the land
use decision.
SECTION 2. ORS 215.720 is amended to read:
215.720. { - (1) - } A dwelling authorized under ORS 215.705
may be allowed on land zoned for forest use under a goal
protecting forestland only if { - : - }
{ - (a) - } the tract on which the dwelling will be sited is
{ - in western Oregon, as defined in ORS 321.257, and is
composed of soils not capable of producing 5,000 cubic feet per
year of commercial tree species and is located - } within 1,500
feet of a public road as defined under ORS 368.001. The road
shall be maintained and either paved or surfaced with rock and
shall not be:
{ - (A) - } { + (1) + } A United States Bureau of Land
Management road; or
{ - (B) - } { + (2) + } A United States Forest Service road
unless the road is paved to a minimum width of 18 feet, there is
at least one defined lane in each direction and a maintenance
agreement exists between the United States Forest Service and
landowners adjacent to the road, a local government or a state
agency.
{ - (b) The tract on which the dwelling will be sited is in
eastern Oregon, as defined in ORS 321.805, and is composed of
soils not capable of producing 4,000 cubic feet per year of
commercial tree species and is located within 1,500 feet of a
public road as defined under ORS 368.001. The road shall be
maintained and either paved or surfaced with rock and shall not
be: - }
{ - (A) A United States Bureau of Land Management road;
or - }
{ - (B) A United States Forest Service road unless the road
is paved to a minimum width of 18 feet, there is at least one
defined lane in each direction and a maintenance agreement exists
between the United States Forest Service and landowners adjacent
to the road, a local government or a state agency. - }
{ - (2) For purposes of this section, 'commercial tree
species' means trees recognized under rules adopted under ORS
527.715 for commercial production. - }
{ - (3) No dwelling other than those described in this
section and ORS 215.740, 215.750 and 215.755 may be sited on land
zoned for forest use under a land use planning goal protecting
forestland. - }
SECTION 3. Chapter 1, Oregon Laws 2005, is amended to read:
{ + SECTION 1. + } { - The following provisions are - }
{ + Section 2, chapter 1, Oregon Laws 2005, is + } added to and
made a part of ORS chapter 197 { - : - } { + . + }
{ + SECTION 2. + } (1) If a public entity enacts or
{ - enforces - } { + adopts + } a { - new - } land use
regulation { + on or after December 2, 2004, + } or enforces a
land use regulation enacted prior to { - the effective date of
this amendment - } { + December 2, 2004, + } that restricts the
use of private real property { + , + } or any interest
therein { + , + } and { - has the effect of reducing - }
{ + reduces + } the fair market value of the property, or any
interest therein, { - then - } { + the public entity that
enacted, adopted or enforced the land use regulation shall pay
just compensation to + } the owner of the property { - shall be
paid just compensation - } .
(2) Just compensation { - shall be - } { + is + } equal to
the reduction in the fair market value of the affected
{ + real + } property interest
{ - resulting - } { + that results + } from enactment { + ,
adoption + } or enforcement of the land use regulation as of the
date the owner makes written demand for { + just + }
compensation under this { - act - } { + section + }.
(3) Subsection (1) of this { - act shall - } { + section
does + } not apply to land use regulations:
{ - (A) - } { + (a) + } { - Restricting or
prohibiting - } { + That restrict or prohibit + } activities
commonly and historically recognized as public nuisances under
common law. This { - subsection shall - } { + paragraph
must + } be construed narrowly in favor of a finding of
{ + just + } compensation under this { - act - } { +
section + };
{ - (B) - } { + (b) + } { - Restricting or
prohibiting - } { + That restrict or prohibit + } activities
for the protection of public health and safety, { - such as - }
{ + including + } fire and building codes, health and sanitation
regulations, solid or hazardous waste regulations { - , - } and
pollution control regulations;
{ - (C) - } { + (c) + } { - To the extent the land use
regulation is - } { + That are + } required to comply with
federal law { + , including flood plain regulations reasonably
necessary to ensure eligibility for federal flood plain
insurance + };
{ - (D) - } { + (d) + } { - Restricting or
prohibiting - } { + That restrict or prohibit + } the use of
{ - a - } { + real + } property for the purpose of selling
pornography or performing nude dancing. Nothing in this
{ - subsection, however, - } { + paragraph + } is intended to
affect or alter rights provided by the Oregon or United States
{ - Constitutions - } { + Constitution + };
{ + (e) In ORS 374.005 to 374.095, 374.305 to 374.330,
374.335, 374.340, 374.345, 374.350, 374.405, 374.410, 374.415,
374.420, 374.425, 374.430, 377.505 to 377.540, 377.605 to 377.655
or 377.700 to 377.840;
(f) In ORS chapters 536, 537, 538, 539 and 540;
(g) Relating to approval of a dwelling in a farm or forest zone
as set forth in ORS 215.705, 215.720 and 215.730; + } or
{ - (E) - } { + (h) That are + } enacted prior to the date
of acquisition of the { + real + } property by the owner or a
family member of the owner who owned the subject property prior
to acquisition or inheritance by the owner, whichever occurred
first.
(4) Just compensation under subsection (1) of this { - act
shall be - } { + section is + }due the owner of the
{ + real + } property if the land use regulation continues to
{ - be enforced against - } { + apply to + } the property 180
days after the owner of the property makes written demand for
{ + just + } compensation under this section { - to the public
entity enacting or enforcing the land use regulation - } .
(5) For claims arising from land use regulations enacted
{ - prior to the effective date of this act, - } { + or
adopted before December 2, 2004, the owner of the real property
subject to the claim shall make + }written demand for
{ + just + } compensation { - under subsection (4) shall be
made within two years of the effective date of this act - } { +
on or before December 1, 2006 + }, or { + within two years
after + } the date the public entity { - applies - }
{ + enforces + } the land use regulation as an approval
{ - criteria - } { + criterion + } to an application submitted
by the owner of the property, whichever is later. For claims
arising from land use regulations enacted { + or adopted on
or + } after { - the effective date of this act, - }
{ + December 2, 2004, the owner of the real property subject to
the claim shall make + } written demand for { + just
+ }compensation { - under subsection (4) shall be made - }
within two years { - of - } { + after + } the { - enactment
of - } { + date + } the land use regulation { + is enforced or
adopted + }, or { + within two years after + } the date the
owner of the property submits a land use application in which the
land use regulation is an approval
{ - criteria - } { + criterion + }, whichever is later.
(6) If a land use regulation continues to apply to the subject
property more than 180 days after the present owner of the { +
real + } property has made written demand for { + just + }
compensation under this { - act - } { + section + }, the
present owner of the { + real + } property, or any interest
therein, shall have a cause of action for { + just + }
compensation under this { - act - } { + section + } in the
circuit court { + for the county + } in which the real property
is located, and the present owner of the real property shall be
entitled to reasonable attorney fees, expenses, costs { - , - }
and other disbursements reasonably incurred to collect the
{ + just + } compensation.
{ - (7) A metropolitan service district, city, or county, or
state agency may adopt or apply procedures for the processing of
claims under this act, but in no event shall these procedures act
as a prerequisite to the filing of a compensation claim under
subsection (6) of this act, nor shall the failure of an owner of
property to file an application for a land use permit with the
local government serve as grounds for dismissal, abatement, or
delay of a compensation claim under subsection (6) of this
act. - }
{ + (7) A written decision on a written demand for just
compensation under this section is subject to review under:
(a) ORS 34.010 to 34.100 if the public entity is a local
government. If a local government fails to issue a written
decision, the cause of action authorized under subsection (6) of
this section must be filed as provided in ORS chapter 28 for a
declaratory judgment action.
(b) ORS 183.482 if the public entity is a state agency. If a
state agency fails to issue a written decision, the cause of
action authorized under subsection (6) of this section must be
filed as provided in ORS 183.484. + }
(8) Notwithstanding any other state statute or the availability
of funds under subsection (10) of this { - act, - } { +
section, a public entity that receives a written demand for just
compensation may modify, remove or not apply a land use
regulation enacted or adopted by the public entity + }in lieu of
payment of just compensation under this { - act, the governing
body responsible for enacting the land use regulation may modify,
remove, or not to apply the land use regulation or land use
regulations - } { + section + } to allow the owner to use the
{ + real + } property for a use permitted at the time the owner
acquired the property.
(9) A decision by a { - governing body under this act shall
not be considered - } { + public entity to pay just
compensation or to modify, remove or not apply a land use
regulation is not:
(a) + }A land use decision { - as defined in ORS 197.015
(10) - } { + or a limited land use decision + }.
{ + (b) Subject to review under ORS 197.805 to 197.855. + }
(10) Claims made under this section { - shall - }
{ + must + } be paid from funds, if any, specifically allocated
by the { - legislature - } { + Legislative Assembly + }, city,
county { - , - } or metropolitan service district for payment
of claims under this { - act - } { + section + }.
Notwithstanding the availability of funds under this subsection,
a metropolitan service district, city, county { - , - } or
state agency
{ - shall have discretion to - } { + may + } use available
funds to pay claims { + for just compensation + } { - or to
modify, remove, or not apply a land use regulation or land use
regulations pursuant to subsection (6) of this act - } . If a
claim has not been paid within two years { - from - }
{ + after + } the date on which it accrues, the owner
{ - shall be - } { + is + } allowed to use the { + real + }
property as permitted at the time the owner acquired the
property. { + For purposes of this subsection, a claim 'accrues'
when:
(a) A public entity issues a written decision on a claim for
just compensation; or
(b) A court enters a judgment awarding just compensation and
the judgment is no longer subject to appeal. + }
{ - (11) Definitions - for purposes of this section: - }
{ - (A) 'Family member' shall include the wife, husband, son,
daughter, mother, father, brother, brother-in-law, sister,
sister-in-law, son-in-law, daughter-in-law, mother-in-law,
father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild,
grandparent, or grandchild of the owner of the property, an
estate of any of the foregoing family members, or a legal entity
owned by any one or combination of these family members or the
owner of the property. - }
{ - (B) 'Land use regulation' shall include: - }
{ - (i) Any statute regulating the use of land or any
interest therein; - }
{ - (ii) Administrative rules and goals of the Land
Conservation and Development Commission; - }
{ - (iii) Local government comprehensive plans, zoning
ordinances, land division ordinances, and transportation
ordinances; - }
{ - (iv) Metropolitan service district regional framework
plans, functional plans, planning goals and objectives; and - }
{ - (v) Statutes and administrative rules regulating farming
and forest practices. - }
{ - (C) 'Owner' is the present owner of the property, or any
interest therein. - }
{ - (D) 'Public entity' shall include the state, a
metropolitan service district, a city, or a county. - }
{ - (12) - } { + (11) + } The remedy created by this
{ - act - } { + section + } is in addition to any other remedy
under the Oregon or United States
{ - Constitutions - } { + Constitution + }, and is not
intended to modify or replace any other remedy.
{ - (13) If any portion or portions of this act are declared
invalid by a court of competent jurisdiction, the remaining
portions of this act shall remain in full force and effect. - }
SECTION 4. { + Sections 5 and 6 of this 2005 Act are added to
and made a part of ORS chapter 197. + }
SECTION 5. { + (1) A claimant must make a written demand for
just compensation under section 2, chapter 1, Oregon Laws 2005
(Ballot Measure 37 (2004)), to each public entity that has
enacted, adopted or enforced a land use regulation that restricts
the use of and reduces the fair market value of the real property
for which just compensation is claimed. The demand must be filed
with:
(a) The city recorder, if the written demand is made to a city.
(b) The county clerk, if the written demand is made to a
county.
(c) The chief operating officer, if the written demand is made
to a metropolitan service district.
(d) The Oregon Department of Administrative Services, if the
written demand is made to a state agency or the Legislative
Assembly.
(2) A written demand for just compensation under section 2,
chapter 1, Oregon Laws 2005 (Ballot Measure 37 (2004)), must
include:
(a) The name of the property owner submitting the written
demand;
(b) The address and tax lot number of the property;
(c) Evidence of ownership or other interest in the real
property;
(d) If the demand is based on ownership by a family member,
evidence that the real property has been owned continuously by a
family member from the time the property was first acquired;
(e) A list or description of the specific land use regulations
that the owner alleges restrict the use of the real property and
reduce the fair market value of the property;
(f) Evidence that supports the amount by which the fair market
value of the real property is alleged to have been reduced by the
land use regulation, as described in subsection (4) of this
section;
(g) A description of the owner's proposed use of the real
property if the city or county elects to modify, remove or not
apply a land use regulation in lieu of paying just compensation
under section 2 (8), chapter 1, Oregon Laws 2005 (Ballot Measure
37 (2004)); and
(h) A written statement signed by all owners of the real
property, not including persons who hold a lien or other
nonpossessory interest, consenting to the demand for just
compensation.
(3) The owners of a lot, parcel or tract of real property may:
(a) File only one demand for the real property for all land use
regulations in effect on the date the demand is submitted.
(b) At any time prior to a final decision on the demand or the
expiration of the 180-day period described in section 2 (4),
chapter 1, Oregon Laws 2005 (Ballot Measure 37 (2004)), withdraw
and later resubmit the claim.
(4) If the claimant demands just compensation for a land use
regulation:
(a) That prohibits the siting of a single-family dwelling, the
demand must contain only the information necessary to establish
that the value of the real property is reduced as a result of the
land use regulation.
(b) Not described in paragraph (a) of this subsection, the
claimant must include in the demand an appraisal performed by a
state licensed or state certified appraiser, each as defined in
ORS 674.010, and other evidence that is necessary to determine
whether the fair market value of the real property has been
reduced in the amount alleged in the demand as a result of the
land use regulation.
(5) A public entity that receives a written demand for just
compensation shall review the demand for compliance with the
requirements of subsection (2) of this section. If the public
entity determines that the demand does not include all of the
information required under subsection (2) of this section, the
public entity shall, within 15 business days of receiving the
demand, provide written notice to the owners who submitted the
demand regarding any information necessary to complete the
demand. A demand is not considered to be submitted to the public
entity for purposes of section 2 (4) and (6), chapter 1, Oregon
Laws 2005 (Ballot Measure 37 (2004)), until the public entity
deems the demand complete. If the public entity does not notify
the owner within 15 days as described in this subsection, the
demand is deemed complete when received.
(6) A local government that receives a completed demand for
just compensation shall conduct a public hearing on the claim for
just compensation, with individualized written notice of the
hearing in the manner described in ORS 197.763 (2), before making
a decision unless unequivocal evidence establishes that:
(a) The land use regulation was enacted or adopted before the
owner, or a family member, took ownership of the real property
for which just compensation is demanded.
(b) The claim for just compensation must be denied because the
basic factual circumstances do not support a claim for just
compensation under section 2, chapter 1, Oregon Laws 2005 (Ballot
Measure 37 (2004)).
(7) Information regarding a claim for just compensation that is
submitted:
(a) To a local government less than 10 days prior to the public
hearing under subsection (6) of this section:
(A) May not be considered by the local government; and
(B) May not be entered into evidence or considered in a
judicial proceeding under section 2 (6), chapter 1, Oregon Laws
2005 (Ballot Measure 37 (2004)).
(b) To the Oregon Department of Administrative Services more
than 60 days after the written demand is deemed complete:
(A) May not be considered by the department; and
(B) May not be entered into evidence or considered in a
judicial proceeding under section 2 (6), chapter 1, Oregon Laws
2005 (Ballot Measure 37 (2004)).
(8) Notwithstanding subsection (7) of this section, a public
entity may extend the time for submission of information
regarding a claim for just compensation at the request of the
claimant, if the public entity also extends the time for other
persons to submit information. However, additional time allowed
for submission of information tolls the 180-day periods described
in section 2 (4) and (6), chapter 1, Oregon Laws 2005 (Ballot
Measure 37 (2004)).
(9) The department, in cooperation with the appropriate state
agency, may modify, remove or not apply a land use regulation
enacted by the Legislative Assembly or adopted by the state
agency only to the extent necessary to allow the owner of the
real property for which a claim for just compensation is made to
use the property as permitted when the owner acquired the
property.
(10) A public entity that reviews a written demand for just
compensation may impose a fee in an amount reasonably designed to
recover only the costs incurred in reviewing the demand and
issuing a written decision. The fee is due when the public entity
issues its decision. Failure to pay the fee precludes final plat
approval, the issuance of a building permit and filing an action
for judicial review. + }
SECTION 6. { + As used in this section, section 5 of this 2005
Act and section 2, chapter 1, Oregon Laws 2005 (Ballot Measure 37
(2004)):
(1) 'Family member' means the wife, husband, son, daughter,
mother, father, brother, brother-in-law, sister, sister-in-law,
son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt,
uncle, niece, nephew, stepparent, stepchild, grandparent or
grandchild of the owner of the real property, an estate of any of
the foregoing family members or a legal entity owned by one or
more of these family members or by the owner of the property.
(2) 'Land use regulation' means:
(a) Statutes regulating the use of land, or any interest
therein;
(b) Administrative rules and goals of the Land Conservation and
Development Commission;
(c) Local government comprehensive plans, zoning ordinances,
land division ordinances and transportation ordinances;
(d) Metropolitan service district regional framework plans,
functional plans and planning goals and objectives; and
(e) Statutes and administrative rules regulating farming and
forest practices.
(3) 'Owner' means the present owner of the real property, or
any interest therein.
(4) 'Public entity' means the state, a metropolitan service
district, a county or a city. + }
SECTION 7. { + Section 8 of this 2005 Act is added to and made
a part of ORS chapter 183. + }
SECTION 8. { + (1) Within 10 business days after receiving a
demand for just compensation under section 2, chapter 1, Oregon
Laws 2005 (Ballot Measure 37 (2004)), that relates to ORS
215.720, the Oregon Department of Administrative Services shall
review the demand to determine which state agency has
jurisdiction under the land use regulations listed in the demand
and shall forward the demand to the appropriate agency.
(2) A state agency to which a demand for just compensation has
been forwarded by the department shall:
(a) Review the demand and issue a written decision within 175
days after the date the demand was deemed complete.
(b) Provide a copy of the written decision to each owner of the
real property for which just compensation is demanded, to the
county in which the property is located, to the department and to
any person who requested a copy of the decision.
(3) A person adversely affected or aggrieved by the state
agency's decision may seek review in the manner provided in ORS
183.482.
(4) Consistent with section 2 (8), chapter 1, Oregon Laws 2005
(Ballot Measure 37 (2004)), the state agency may elect to pay
just compensation on the demand or to modify, remove or not apply
the land use regulations. A state agency may elect to modify,
remove or not apply otherwise applicable statutes and
administrative rules only to the extent necessary to comply with
the requirements of section 2, chapter 1, Oregon Laws 2005
(Ballot Measure 37 (2004)).
(5) A state agency that reviews and issues a decision on a
demand for just compensation may impose a fee in an amount
reasonably designed to recover only the costs incurred in
reviewing the demand and issuing a decision. Failure to pay the
fee precludes final plat approval, the issuance of a building
permit and filing an action for judicial review. + }
SECTION 9. ORS 197.015 is amended to read:
197.015. As used in ORS chapters 195, 196 and 197, unless the
context requires otherwise:
(1) 'Acknowledgment' means a commission order that certifies
that a comprehensive plan and land use regulations, land use
regulation or plan or regulation amendment complies with the
goals or certifies that Metro land use planning goals and
objectives, Metro regional framework plan, amendments to Metro
planning goals and objectives or amendments to the Metro regional
framework plan comply with the statewide planning goals.
(2) 'Board' means the Land Use Board of Appeals.
(3) 'Commission' means the Land Conservation and Development
Commission.
(4) 'Committee' means the Joint Legislative Committee on Land
Use.
(5) 'Comprehensive plan' means a generalized, coordinated land
use map and policy statement of the governing body of a local
government that interrelates all functional and natural systems
and activities relating to the use of lands, including but not
limited to sewer and water systems, transportation systems,
educational facilities, recreational facilities, and natural
resources and air and water quality management programs. '
Comprehensive' means all-inclusive, both in terms of the
geographic area covered and functional and natural activities and
systems occurring in the area covered by the plan. 'General
nature' means a summary of policies and proposals in broad
categories and does not necessarily indicate specific locations
of any area, activity or use. A plan is 'coordinated' when the
needs of all levels of governments, semipublic and private
agencies and the citizens of Oregon have been considered and
accommodated as much as possible. 'Land' includes water, both
surface and subsurface, and the air.
(6) 'Department' means the Department of Land Conservation and
Development.
(7) 'Director' means the Director of the Department of Land
Conservation and Development.
(8) 'Goals' means the mandatory statewide planning standards
adopted by the commission pursuant to ORS chapters 195, 196 and
197.
(9) 'Guidelines' means suggested approaches designed to aid
cities and counties in preparation, adoption and implementation
of comprehensive plans in compliance with goals and to aid state
agencies and special districts in the preparation, adoption and
implementation of plans, programs and regulations in compliance
with goals. Guidelines shall be advisory and shall not limit
state agencies, cities, counties and special districts to a
single approach.
{ + (10)(a) 'High-value farmland' means land in a tract
composed predominantly of soils that, at the time the siting of a
dwelling is approved for the tract, are:
(A) Irrigated and classified prime, unique, Class I or Class
II; or
(B) Not irrigated and classified prime, unique, Class I or
Class II.
(b) In addition to that land described in paragraph (a) of this
subsection, 'high-value farmland,' if outside the Willamette
Valley, includes tracts growing specified perennials as
demonstrated by the most recent aerial photography of the
Agricultural Stabilization and Conservation Service of the United
States Department of Agriculture taken prior to November 4, 1993.
For purposes of this paragraph, 'specified perennials' means
perennials grown for market or research purposes including, but
not limited to, nursery stock, berries, fruits, nuts, Christmas
trees or vineyards but not including seed crops, hay, pasture or
alfalfa.
(c) In addition to that land described in paragraph (a) of this
subsection, 'high-value farmland,' if in the Willamette Valley,
includes tracts composed predominantly of the following soils in
Class III or IV or composed predominantly of a combination of
soils described in paragraph (a) of this subsection and the
following soils:
(A) Subclassification IIIe, specifically, Bellpine, Bornstedt,
Burlington, Briedwell, Carlton, Cascade, Chehalem, Cornelius,
Cornelius Variant, Cornelius and Kinton, Helvetia, Hillsboro,
Hullt, Jory, Kinton, Latourell, Laurelwood, Melbourne, Multnomah,
Nekia, Powell, Price, Quatama, Salkum, Santiam, Saum, Sawtell,
Silverton, Veneta, Willakenzie, Woodburn and Yamhill;
(B) Subclassification IIIw, specifically, Concord, Conser,
Cornelius Variant, Dayton (thick surface) and Sifton
(occasionally flooded);
(C) Subclassification IVe, specifically, Bellpine Silty Clay
Loam, Carlton, Cornelius, Jory, Kinton, Latourell, Laurelwood,
Powell, Quatama, Springwater, Willakenzie and Yamhill; and
(D) Subclassification IVw, specifically, Awbrig, Bashaw,
Courtney, Dayton, Natroy, Noti and Whiteson.
(d) In addition to that land described in paragraph (a) of this
subsection, 'high-value farmland,' if west of the summit of the
Coast Range and used in conjunction with a dairy operation on
January 1, 1993, includes tracts composed predominantly of the
following soils in Class III or IV or composed predominantly of a
combination of soils described in paragraph (a) of this
subsection and the following soils:
(A) Subclassification IIIe, specifically, Astoria, Hembre,
Knappa, Meda, Quillayutte and Winema;
(B) Subclassification IIIw, specifically, Brenner and Chitwood;
(C) Subclassification IVe, specifically, Astoria, Hembre, Meda,
Nehalan, Neskowin and Winema; and
(D) Subclassification IVw, specifically, Coquille.
(e) In addition to that land described in paragraph (a) of this
subsection, 'high-value farmland' includes tracts located west of
U.S. Highway 101 that are composed predominantly of the following
soils in Class III or IV or composed predominantly of a
combination of the soils described in paragraph (a) of this
subsection and the following soils:
(A) Subclassification IIIw, specifically, Ettersburg Silt Loam
and Croftland Silty Clay Loam;
(B) Subclassification IIIe, specifically, Klooqueth Silty Clay
Loam and Winchuck Silt Loam; and
(C) Subclassification IVw, specifically, Huffling Silty Clay
Loam. + }
{ - (10) - } { + (11) + } 'Land use decision':
(a) Includes:
(A) A final decision or determination made by a local
government or special district that concerns the adoption,
amendment or application of:
(i) The goals;
(ii) A comprehensive plan provision;
(iii) A land use regulation; or
(iv) A new land use regulation;
(B) A final decision or determination of a state agency other
than the commission with respect to which the agency is required
to apply the goals; or
(C) A decision of a county planning commission made under ORS
433.763;
(b) Does not include a decision of a local government:
(A) Which is made under land use standards which do not require
interpretation or the exercise of policy or legal judgment;
(B) Which approves or denies a building permit issued under
clear and objective land use standards;
(C) Which is a limited land use decision;
(D) Which determines final engineering design, construction,
operation, maintenance, repair or preservation of a
transportation facility which is otherwise authorized by and
consistent with the comprehensive plan and land use regulations;
or
(E) Which is an expedited land division as described in ORS
197.360;
(c) Does not include a decision by a school district to close a
school;
(d) Does not include authorization of an outdoor mass gathering
as defined in ORS 433.735, or other gathering of fewer than 3,000
persons that is not anticipated to continue for more than 120
hours in any three-month period; and
(e) Does not include:
(A) A writ of mandamus issued by a circuit court in accordance
with ORS 215.429 or 227.179; or
(B) Any local decision or action taken on an application
subject to ORS 215.427 or 227.178 after a petition for a writ of
mandamus has been filed under ORS 215.429 or 227.179.
{ - (11) - } { + (12) + } 'Land use regulation' means any
local government zoning ordinance, land division ordinance
adopted under ORS 92.044 or 92.046 or similar general ordinance
establishing standards for implementing a comprehensive plan.
{ - (12) - } { + (13) + } 'Limited land use decision' is a
final decision or determination made by a local government
pertaining to a site within an urban growth boundary which
concerns:
(a) The approval or denial of a subdivision or partition, as
described in ORS chapter 92.
(b) The approval or denial of an application based on
discretionary standards designed to regulate the physical
characteristics of a use permitted outright, including but not
limited to site review and design review.
{ - (13) - } { + (14) + } 'Local government' means any
city, county or metropolitan service district formed under ORS
chapter 268 or an association of local governments performing
land use planning functions under ORS 195.025.
{ - (14) - } { + (15) + } 'Metro' means a metropolitan
service district organized under ORS chapter 268.
{ - (15) - } { + (16) + } 'Metro planning goals and
objectives' means the land use goals and objectives that a
metropolitan service district may adopt under ORS 268.380 (1)(a).
The goals and objectives do not constitute a comprehensive plan.
{ - (16) - } { + (17) + } 'Metro regional framework plan'
means the regional framework plan required by the 1992 Metro
Charter or its separate components. Neither the regional
framework plan nor its individual components constitute a
comprehensive plan.
{ - (17) - } { + (18) + } 'New land use regulation' means a
land use regulation other than an amendment to an acknowledged
land use regulation adopted by a local government that already
has a comprehensive plan and land regulations acknowledged under
ORS 197.251.
{ - (18) - } { + (19) + } 'Person' means any individual,
partnership, corporation, association, governmental subdivision
or agency or public or private organization of any kind. The Land
Conservation and Development Commission or its designee is
considered a person for purposes of appeal under ORS chapters 195
and 197.
{ - (19) - } { + (20) + } 'Special district' means any unit
of local government, other than a city, county, metropolitan
service district formed under ORS chapter 268 or an association
of local governments performing land use planning functions under
ORS 195.025 authorized and regulated by statute and includes but
is not limited to: Water control districts, domestic water
associations and water cooperatives, irrigation districts, port
districts, regional air quality control authorities, fire
districts, school districts, hospital districts, mass transit
districts and sanitary districts.
{ - (20) - } { + (21) + } 'Voluntary association of local
governments ' means a regional planning agency in this state
officially designated by the Governor pursuant to the federal
Office of Management and Budget Circular A-95 as a regional
clearinghouse.
{ - (21) - } { + (22) + } 'Wetlands' means those areas that
are inundated or saturated by surface or ground water at a
frequency and duration that are sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
SECTION 10. ORS 197.298 is amended to read:
197.298. (1) In addition to any requirements established by
rule addressing urbanization, land may not be included within an
urban growth boundary except under the following priorities:
(a) First priority is land that is designated urban reserve
land under ORS 195.145, rule or metropolitan service district
action plan.
(b) If land under paragraph (a) of this subsection is
inadequate to accommodate the amount of land needed, second
priority is land adjacent to an urban growth boundary that is
identified in an acknowledged comprehensive plan as an exception
area or nonresource land. Second priority may include resource
land that is completely surrounded by exception areas unless such
resource land is high-value farmland { - as described in ORS
215.710 - } .
(c) If land under paragraphs (a) and (b) of this subsection is
inadequate to accommodate the amount of land needed, third
priority is land designated as marginal land pursuant to ORS
197.247 (1991 Edition).
(d) If land under paragraphs (a) to (c) of this subsection is
inadequate to accommodate the amount of land needed, fourth
priority is land designated in an acknowledged comprehensive plan
for agriculture or forestry, or both.
(2) Higher priority shall be given to land of lower capability
as measured by the capability classification system or by cubic
foot site class, whichever is appropriate for the current use.
(3) Land of lower priority under subsection (1) of this section
may be included in an urban growth boundary if land of higher
priority is found to be inadequate to accommodate the amount of
land estimated in subsection (1) of this section for one or more
of the following reasons:
(a) Specific types of identified land needs cannot be
reasonably accommodated on higher priority lands;
(b) Future urban services could not reasonably be provided to
the higher priority lands due to topographical or other physical
constraints; or
(c) Maximum efficiency of land uses within a proposed urban
growth boundary requires inclusion of lower priority lands in
order to include or to provide services to higher priority lands.
SECTION 11. ORS 94.508 is amended to read:
94.508. (1) A development agreement shall not be approved by
the governing body of a city or county unless the governing body
finds that the agreement is consistent with local regulations
then in place for the city or county.
(2) The governing body of a city or county shall approve a
development agreement or amend a development agreement by
adoption of an ordinance declaring approval or setting forth the
amendments to the agreement. Notwithstanding ORS 197.015
{ - (10)(b) - } { + (11)(b) + }, the approval or amendment of
a development agreement is a land use decision under ORS chapter
197.
SECTION 12. ORS 197.020 is amended to read:
197.020. Age, gender or physical disability shall not be an
adverse consideration in making a land use decision as defined in
ORS 197.015 { - (10) - } .
SECTION 13. ORS 197.505 is amended to read:
197.505. As used in ORS 197.505 to 197.540:
(1) 'Public facilities' means those public facilities for which
a public facilities plan is required under ORS 197.712.
(2) 'Special district' refers to only those entities as defined
in ORS 197.015 { - (19) which - } { + that + } provide
services for which public facilities plans are required.
SECTION 14. ORS 197.825 is amended to read:
197.825. (1) Except as provided in ORS 197.320 and subsections
(2) and (3) of this section, the Land Use Board of Appeals shall
have exclusive jurisdiction to review any land use decision or
limited land use decision of a local government, special district
or a state agency in the manner provided in ORS 197.830 to
197.845.
(2) The jurisdiction of the board:
(a) Is limited to those cases in which the petitioner has
exhausted all remedies available by right before petitioning the
board for review;
(b) Is subject to the provisions of ORS 197.850 relating to
judicial review by the Court of Appeals;
(c) Does not include those matters over which the Department of
Land Conservation and Development or the Land Conservation and
Development Commission has review authority under ORS 197.251,
197.430, 197.445, 197.450, 197.455 and 197.628 to 197.650;
(d) Does not include those land use decisions of a state agency
over which the Court of Appeals has jurisdiction for initial
judicial review under ORS 183.400, 183.482 or other statutory
provisions;
(e) Does not include any rules, programs, decisions,
determinations or activities carried out under ORS 527.610 to
527.770, 527.990 (1) and 527.992;
(f) Is subject to ORS 196.115 for any county land use decision
that may be reviewed by the Columbia River Gorge Commission
pursuant to sections 10(c) or 15(a)(2) of the Columbia River
Gorge National Scenic Area Act, P.L. 99-663; and
(g) Does not include review of expedited land divisions under
ORS 197.360.
(3) Notwithstanding subsection (1) of this section, the circuit
courts of this state retain jurisdiction:
(a) To grant declaratory, injunctive or mandatory relief in
proceedings arising from decisions described in ORS 197.015
{ - (10)(b) - } { + (11)(b) + }or proceedings brought to
enforce the provisions of an adopted comprehensive plan or land
use regulations; and
(b) To enforce orders of the board in appropriate proceedings
brought by the board or a party to the board proceeding resulting
in the order.
SECTION 15. ORS 455.446 is amended to read:
455.446. (1)(a) New essential facilities described in ORS
455.447 (1)(a)(A), (B) and (G) and new special occupancy
structures described in ORS 455.447 (1)(e)(B), (C) and (E) shall
not be constructed in the tsunami inundation zone established
under paragraph (c) of this subsection. The provisions of this
paragraph apply to buildings with a capacity greater than 50
individuals for every public, private or parochial school through
secondary level and child care centers.
(b) The State Department of Geology and Mineral Industries
shall establish the parameters of the area of expected tsunami
inundation based on scientific evidence that may include geologic
field data and tsunami modeling.
(c) The governing board of the State Department of Geology and
Mineral Industries, by rule, shall determine the tsunami
inundation zone based on the parameters established by the
department. The board shall adopt the zone as determined by the
department under paragraph (b) of this subsection except as
modified by the board under paragraph (d) of this subsection.
(d) The board may grant exceptions to restrictions in the
tsunami inundation zone established under paragraph (c) of this
subsection after public hearing and a determination by the board
that the applicant has demonstrated that the safety of building
occupants will be ensured to the maximum reasonable extent:
(A) By addressing the relative risks within the zone.
(B) By balancing competing interests and other considerations.
(C) By considering mitigative construction strategies.
(D) By considering mitigative terrain modification.
(e) The provisions of paragraph (a) of this subsection do not
apply:
(A) To fire or police stations where there is a need for
strategic location; and
(B) To public schools if there is a need for the school to be
within the boundaries of a school district and this cannot
otherwise be accomplished.
(f) All materials supporting an application for an exception to
the tsunami inundation zone are public records under ORS 192.005
to 192.170 and shall be retained in the library of the department
for periods of time determined by its governing board.
(g) The applicant for an exception to the tsunami inundation
zone established under paragraph (c) of this subsection shall pay
any costs for department review of the application and the costs,
if any, of the approval process.
(2) The definitions in ORS 455.447 apply to this section.
(3) The provisions of this section do not apply to
water-dependent and water-related facilities, including but not
limited to docks, wharves, piers and marinas.
(4) Decisions made under this section are not land use
decisions under ORS 197.015 { - (10) - } .
SECTION 16. ORS 183.457 is amended to read:
183.457. (1) Notwithstanding ORS 8.690, 9.160 and 9.320, and
unless otherwise authorized by another law, a person
participating in a contested case hearing conducted by an agency
described in this subsection may be represented by an attorney or
by an authorized representative subject to the provisions of
subsection (2) of this section. The Attorney General shall
prepare model rules for proceedings with lay representation that
do not have the effect of precluding lay representation. No rule
adopted by a state agency shall have the effect of precluding lay
representation. The agencies before which an authorized
representative may appear are:
(a) The State Landscape Contractors Board in the administration
of the Landscape Contractors Law.
(b) The State Department of Energy and the Energy Facility
Siting Council.
(c) The Environmental Quality Commission and the Department of
Environmental Quality.
(d) The Department of Consumer and Business Services for
proceedings in which an insured appears pursuant to ORS 737.505.
(e) The Department of Consumer and Business Services and any
other agency for the purpose of proceedings to enforce the state
building code, as defined by ORS 455.010.
(f) The State Fire Marshal in the Department of State Police.
(g) The Department of State Lands for proceedings regarding the
issuance or denial of fill or removal permits under ORS 196.800
to 196.825.
(h) The Public Utility Commission.
(i) The Water Resources Commission and the Water Resources
Department.
(j) The Land Conservation and Development Commission and the
Department of Land Conservation and Development.
(k) The State Department of Agriculture { + and the State
Forestry Department + }, for purposes of hearings under ORS
215.705.
(L) The Bureau of Labor and Industries.
(2) A person participating in a contested case hearing as
provided in subsection (1) of this section may appear by an
authorized representative if:
(a) The agency conducting the contested case hearing has
determined that appearance of such a person by an authorized
representative will not hinder the orderly and timely development
of the record in the type of contested case hearing being
conducted;
(b) The agency conducting the contested case hearing allows, by
rule, authorized representatives to appear on behalf of such
participants in the type of contested case hearing being
conducted; and
(c) The officer presiding at the contested case hearing may
exercise discretion to limit an authorized representative's
presentation of evidence, examination and cross-examination of
witnesses, or presentation of factual arguments to ensure the
orderly and timely development of the hearing record, and shall
not allow an authorized representative to present legal arguments
except to the extent authorized under subsection (3) of this
section.
(3) The officer presiding at a contested case hearing in which
an authorized representative appears under the provisions of this
section may allow the authorized representative to present
evidence, examine and cross-examine witnesses, and make arguments
relating to the:
(a) Application of statutes and rules to the facts in the
contested case;
(b) Actions taken by the agency in the past in similar
situations;
(c) Literal meaning of the statutes or rules at issue in the
contested case;
(d) Admissibility of evidence; and
(e) Proper procedures to be used in the contested case hearing.
(4) Upon judicial review, no limitation imposed by an agency
presiding officer on the participation of an authorized
representative shall be the basis for reversal or remand of
agency action unless the limitation resulted in substantial
prejudice to a person entitled to judicial review of the agency
action.
(5) For the purposes of this section, 'authorized
representative' means a member of a participating partnership, an
authorized officer or regular employee of a participating
corporation, association or organized group, or an authorized
officer or employee of a participating governmental authority
other than a state agency.
SECTION 17. ORS 215.417 is amended to read:
215.417. (1) If a permit is approved under ORS 215.416 for a
proposed residential development on agricultural or forest land
outside of an urban growth boundary under ORS 215.010 to 215.293
or 215.317 to 215.438 or under county legislation or regulation,
the permit shall be valid for four years.
(2) An extension of a permit described in subsection (1) of
this section shall be valid for two years.
(3) For the purposes of this section, 'residential development'
only includes the dwellings provided for under ORS 215.213
(1)(t), (3) and (4), 215.283 (1)(s), 215.284, 215.317, 215.705
{ - (1) to (3) - } , 215.720 { - , 215.740, 215.750 - } and
215.755 (1) and (3).
SECTION 18. Section 1, chapter 728, Oregon Laws 1997, as
amended by section 1, chapter 216, Oregon Laws 1999, section 2,
chapter 467, Oregon Laws 2001, section 5, chapter 544, Oregon
Laws 2001, section 1, chapter 147, Oregon Laws 2003, and section
107, chapter 621, Oregon Laws 2003, is amended to read:
{ + Sec. 1. + } (1) Notwithstanding ORS 215.283, a guest
ranch may be established in conjunction with an existing and
continuing livestock operation, using accepted livestock
practices, that qualifies as a farm use under ORS 215.203 in any
area zoned for exclusive farm use in eastern Oregon.
(2) A guest ranch established under this section shall meet the
following conditions:
(a) Except as provided in paragraph (d) of this subsection, the
lodge, bunkhouses or cottages cumulatively shall:
(A) Include not less than four nor more than 10 overnight guest
rooms exclusive of kitchen areas, rest rooms, storage and other
shared indoor facilities; and
(B) Not exceed a total of 12,000 square feet in floor area.
(b) The guest ranch shall be located on a lawfully created
parcel:
(A) That is at least 160 acres;
(B) That is the parcel containing the dwelling of the person
conducting the livestock operation; and
(C) That is not classified as high-value farmland as defined in
ORS { - 215.710 - } { + 197.015 + }.
(c) The guest ranch may be sited on any portion of a lot or
parcel if the majority of the lot or parcel is more than 10 air
miles from an urban growth boundary containing a population
greater than 50,000, regardless of whether any other portion of
the lot or parcel is within 10 miles of the urban growth
boundary. The guest ranch shall be deemed to comply with this
paragraph if it is located within the range set by the standard
margin of error on the county's map used to determine the
distance from an urban growth boundary.
(d) For each doubling of the initial 160 acres required under
paragraph (b) of this subsection, up to five additional overnight
guest rooms and 3,000 square feet of floor area may be added to
the guest ranch for a total of not more than 25 guest rooms and
21,000 square feet of floor area.
(3) A guest ranch may provide recreational activities that can
be provided in conjunction with the livestock operation's natural
setting, including but not limited to hunting, fishing, hiking,
biking, horseback riding, camping or swimming. Intensively
developed recreational facilities, such as golf courses as
identified in ORS 215.283, shall not be allowed. A campground as
described in ORS 215.283 (2)(c) shall not be allowed in
conjunction with a guest ranch, and a guest ranch shall not be
allowed in conjunction with an existing golf course under ORS
215.283 (2)(f) or with an existing campground under ORS 215.283
(2)(c).
(4) Food services shall be incidental to the operation of the
guest ranch and shall be provided only for the guests of the
guest ranch. The cost of meals provided to the guests shall be
included as part of the fee to visit or stay at the guest ranch.
The sale of individual meals to persons who are not guests of the
guest ranch shall not be allowed.
(5) Approval of a guest ranch shall be subject to the
provisions of ORS 215.296 (1) and (2) and other approval or
siting standards of the county.
(6) As used in this section:
(a) 'Eastern Oregon' shall have the meaning provided in ORS
321.805.
(b) 'Guest ranch' means a facility for overnight lodging
incidental and accessory to an existing livestock operation that
qualifies as a farm use under ORS 215.203. Guest ranch facilities
may include a lodge, bunkhouse or cottage accommodations as well
as passive recreational activities and food services as set forth
in subsections (2) to (4) of this section.
(c) 'Livestock' means cattle, sheep, horses and bison.
SECTION 19. { + Sections 5, 6 and 8 of this 2005 Act and the
amendments to ORS 197.015, 215.705 and 215.720 and chapter 1,
Oregon Laws 2005 (Ballot Measure 37 (2004)), by sections 1 to 3
and 9 of this 2005 Act apply to a demand for just compensation
filed on or after the effective date of this 2005 Act. + }
SECTION 20. { + ORS 215.710, 215.740 and 215.750 are
repealed. + }
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