Current through Register Vol. 63, No. 9, September 1, 2024
The following siting criteria or their equivalent shall apply
to all new dwellings and structures in forest and agriculture/forest zones.
These criteria are designed to make such uses compatible with forest operations
and agriculture, to minimize wildfire hazards and risks and to conserve values
found on forest lands. A governing body shall consider the criteria in this
rule together with the requirements OAR 660-0060-0035 to identify the building
site:
(1) Dwellings and structures
shall be sited on the parcel so that:
(a) They
have the least impact on nearby or adjoining forest or agricultural
lands;
(b) The siting ensures that
adverse impacts on forest operations and accepted farming practices on the
tract will be minimized;
(c) The
amount of forest lands used to site access roads, service corridors, the
dwelling and structures is minimized; and
(d) The risks associated with wildfire are
minimized.
(2) Siting
criteria satisfying section (1) of this rule may include setbacks from
adjoining properties, clustering near or among existing structures, siting
close to existing roads and siting on that portion of the parcel least suited
for growing trees.
(3) The
applicant shall provide evidence to the governing body that the domestic water
supply is from a source authorized in accordance with the Water Resources
Department's administrative rules for the appropriation of ground water or
surface water and not from a Class II stream as defined in the Forest Practices
rules (OAR chapter 629). For purposes of this section, evidence of a domestic
water supply means:
(a) Verification from a
water purveyor that the use described in the application will be served by the
purveyor under the purveyor's rights to appropriate water;
(b) A water use permit issued by the Water
Resources Department for the use described in the application; or
(c) Verification from the Water Resources
Department that a water use permit is not required for the use described in the
application. If the proposed water supply is from a well and is exempt from
permitting requirements under ORS
537.545, the applicant shall
submit the well constructor's report to the county upon completion of the
well.
(4) As a condition
of approval, if road access to the dwelling is by a road owned and maintained
by a private party or by the Oregon Department of Forestry, the U.S. Bureau of
Land Management, or the U.S. Forest Service, then the applicant shall provide
proof of a long-term road access use permit or agreement. The road use permit
may require the applicant to agree to accept responsibility for road
maintenance.
(5) Approval of a
dwelling shall be subject to the following requirements:
(a) Approval of a dwelling requires the owner
of the tract to plant a sufficient number of trees on the tract to demonstrate
that the tract is reasonably expected to meet Department of Forestry stocking
requirements at the time specified in department of Forestry administrative
rules;
(b) The planning department
shall notify the county assessor of the above condition at the time the
dwelling is approved;
(c) If the
lot or parcel is more than 10 acres in western Oregon or more than 30 acres in
eastern Oregon, the property owner shall submit a stocking survey report to the
county assessor and the assessor will verify that the minimum stocking
requirements have been met by the time required by Department of Forestry
rules;
(d) Upon notification by the
assessor the Department of Forestry will determine whether the tract meets
minimum stocking requirements of the Forest Practices Act. If that department
determines that the tract does not meet those requirements, that department
will notify the owner and the assessor that the land is not being managed as
forest land. The assessor will then remove the forest land designation pursuant
to ORS 321.359 and impose the
additional tax; and
(e) The county
governing body or its designate shall require as a condition of approval of a
single-family dwelling under ORS
215.213, 215.383 or
215.284 or otherwise in a farm
or forest zone, that the landowner for the dwelling sign and record in the deed
records for the county a document binding the landowner, and the landowner's
successors in interest, prohibiting them from pursuing a claim for relief or
cause of action alleging injury from farming or forest practices for which no
action or claim is allowed under ORS
30.936 or
30.937.
Stat. Auth.: ORS
197.040,
197.245 &
215.730
Stats. Implemented: ORS
197.040,
197.230,
197.245,
215.700,
215.705,
215.720,
215.740,
215.750,
215.780 & Ch. 792, 1993
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