Oregon Administrative Rules
Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT
Division 635 - OREGON INVESTMENT ADVANTAGE
Section 123-635-0150 - Qualified Locations
Universal Citation: OR Admin Rules 123-635-0150
Current through Register Vol. 63, No. 9, September 1, 2024
A proposed Facility must be inside a county as determined according to section (1) of this rule, and located at a site satisfying the requirements of section (2) of this rule, at the time when the Department receives the application for preliminary certification:
(1) With respect to county eligibility:
(a) With on-line availability of
(non-preliminary) annual statistics or data described in this rule, the
Department shall analyze the most current and prior two years' revised data,
ascertain which counties in the state satisfy ORS
285C.500(5)(b),
prepare associated information, and post it on the Department web site for use
by the public, business firms and local economic development
professionals.
(b) The
determination described in subsection (a) of this section shall first take
effect at least once a year on January 1 or July 1 following on-line
availability of the latest annual data. As the Department deems appropriate in
response to the release of new annual data or revisions to that data, the
Department may reissue or modify the determination, update associated
information and set the effective date for changes in county status, as
warranted.
(c) A correct, prior
determination in accordance with this section is not subject to retroactive
change due to subsequent revisions to data for the same or future
years.
(2) The specific site of a proposed Facility must meet at least one of the following two requirements:
(a) The site is completely
inside the urban growth boundary (UGB) of a city with a population of 15,000 or
less based on the most recent decennial U.S. Census count; or
(b) Regardless of being inside or outside of
any city's UGB, the site consists entirely of land zoned for industrial use:
(A) Pursuant to effective municipal zoning
ordinances that expressively and generally permit permanent facilities and
private operations for heavy or light manufacturing, energy production,
fabrication, warehousing, distribution, mineral/agricultural processing or
similarly intensive economic uses;
(B) In accordance with applicable state
land-use laws, including but not limited to those for unincorporated
communities, exceptions from state planning goals, or ORS
197.713,
197.714 or
197.719; and
(C) Such that the Facility's business
operations must directly benefit a traded sector industry under ORS 285C.010,
regardless of other uses permitted under the particular zoning code
ordinance.
Statutory/Other Authority: ORS 285A.075
Statutes/Other Implemented: ORS 285C.500 & 285C.503
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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