74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3490
B-Engrossed
Senate Bill 30
Ordered by the Senate May 18
Including Senate Amendments dated May 7 and May 18
Sponsored by Senator WESTLUND; Senators BATES, BROWN, BURDICK,
CARTER, COURTNEY, DECKERT, JOHNSON, WALKER, Representatives
BOONE, CLEM, MERKLEY, ROSENBAUM
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.
Prohibits siting of destination resort in { - or within three
miles of - } Metolius River Basin { + or in specified areas
within three miles of basin + } { - unless county finds siting
will not have significant adverse impact on specified
elements - } . Allows Jefferson County to amend map of eligible
lands for siting destination resorts that was adopted as
amendment to county's comprehensive plan after December 1, 2006,
and before January 1, 2007.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to destination resort siting; creating new provisions;
amending ORS 197.455; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds that:
(1) The Metolius River Basin is an invaluable and highly
sensitive natural area that is ecologically and scientifically
significant because of the basin's unique hydrogeologic
characteristics, wetlands and ground water resources.
(2) The Metolius River was added to the federal Wild and Scenic
River system in the Omnibus Oregon Wild and Scenic Rivers Act of
1988 because the federal government determined the river to be
remarkable in all areas of evaluation.
(3) The basin has unique hydrological and geological features
that cannot be adequately protected through current mitigation
practices. Pumping ground water will likely result in diminished
discharge at the principal spring complexes at the head of the
Metolius River.
(4) The Metolius River and its tributaries are home to
sensitive and threatened species of fish, including Redband Trout
and Bull Trout, and the Metolius River Subbasin is critical to
the restoration of anadromous fish populations, including Spring
Chinook, Sockeye and Summer Steelhead.
(5) The basin contains highly sensitive ranges for wintering
deer and elk.
(6) The basin holds significant cultural, economic, religious
and historical value for Native American tribes.
(7) The basin features outstanding scenic views and sites.
(8) Recognizing the unique values and special qualities of the
region's natural resources and spiritual values, the United
States Forest Service, in the Deschutes National Forest Land and
Resource Management Plan of 1990, designated 86,000 acres in the
basin as the Metolius Conservation Area, to be managed subject to
heightened standards of protection.
(9) Protections against resort development in similar
significant, noteworthy and nationally recognized areas is
already codified and should be extended to the basin.
(10) After nearly 80 years in various private ownership, in
recognition of the transcendent nature of this Oregon treasure,
private citizens donated the Metolius headwater-springs trail,
viewpoint area and permanent scenic easement to the United States
Government in 1967, for perpetual preservation and maintenance
for the benefit of all people.
(11) The protection of the basin's natural resources, wildlife
habitat and historical, cultural and scenic values from urban and
similar forms of development is a matter of utmost importance and
concern to the State of Oregon. + }
SECTION 2. ORS 197.455 is amended to read:
197.455. (1) A destination resort must be sited on lands mapped
as eligible for destination resort siting by the affected county.
The county may not allow destination resorts approved pursuant to
ORS 197.435 to 197.467 to be sited in any of the following areas:
(a) Within 24 air miles of an urban growth boundary with an
existing population of 100,000 or more unless residential uses
are limited to those necessary for the staff and management of
the resort.
(b)(A) On a site with 50 or more contiguous acres of unique or
prime farmland identified and mapped by the United States Natural
Resources Conservation Service, or its predecessor agency.
(B) On a site within three miles of a high value crop area
unless the resort complies with the requirements of ORS 197.445
(6) in which case the resort may not be closer to a high value
crop area than one-half mile for each 25 units of overnight
lodging or fraction thereof.
(c) On predominantly Cubic Foot Site Class 1 or 2 forestlands
as determined by the State Forestry Department, which are not
subject to an approved goal exception.
(d) In the Columbia River Gorge National Scenic Area as defined
by the Columbia River Gorge National Scenic Act, P.L. 99-663.
(e) In an especially sensitive big game habitat area as
determined by the State Department of Fish and Wildlife in July
1984 or as designated in an acknowledged comprehensive plan.
{ + (f) In the Metolius River Basin.
(g) Within three miles of the Metolius River Basin if on a site
located, in whole or in part, within Jefferson County that is:
(A) Not owned by a federally recognized Indian tribe; and
(B) West of Southwest Grandview Loop Road. + }
(2) In carrying out subsection (1) of this section, a county
shall adopt, as part of its comprehensive plan, a map consisting
of eligible lands within the county. The map must be based on
reasonably available information and may be amended pursuant to
ORS 197.610 to 197.625, but not more frequently than once every
30 months. The county shall develop a process for collecting and
processing concurrently all map amendments made within a 30-month
planning period. A map adopted pursuant to this section shall be
the sole basis for determining whether tracts of land are
eligible for destination resort siting pursuant to ORS 197.435 to
197.467.
SECTION 3. { + The amendments to ORS 197.455 by section 2 of
this 2007 Act apply to lands mapped as eligible for destination
resort siting based on comprehensive plan amendments that were
acknowledged on or after December 25, 2006. + }
SECTION 4. { + Notwithstanding the limitation in ORS 197.455
(2) on amending a map of eligible lands for siting a destination
resort, Jefferson County may amend the map that was adopted as an
amendment to the county's comprehensive plan after December 1,
2006, and before January 1, 2007. + }
SECTION 5. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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