Or. Admin. Code § 340-120-0015

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-120-0015 - Land Use Compatibility Findings

(1) For facilities listed in OAR 340-120-0001(2), the land use compatibility statement of OAR 340-105-0013 must include findings that at least considered the following criteria:

(a) To assure low density populations around a facility, the facility shall be sited at least the following distances from an acknowledged urban growth boundary:

(A) One mile from areas within an urban growth boundary containing a population of 2500 people or less;

(B) Two miles from areas within an urban growth boundary containing a population between 2,500 and 10,000 people; and

(C) Three miles from areas within an urban growth boundary containing a population of 10,000 people or greater.

(b) The facility shall be sited at least one mile from the following, as designated or identified (if appropriate) in the comprehensive plan or on zoning maps:

(A) Schools, churches, hospitals, nursing homes, retail centers, stadiums, auditoriums or residences not owned by the applicant;

(B) Wilderness, parks, and recreation areas;

(C) Scenic view sites;

(D) Federal and state scenic waterways;

(E) Destination resorts;

(F) Rural communities and rural residential areas;

(G) Public airports.

(c) The facility shall be sited at least one quarter mile from the following, as designated or identified (if appropriate) in the comprehensive plan or on zoning maps:

(A) Perennial surface water (including rivers, streams, lakes, oceans, and reservoirs), estuaries and wetlands;

(B) Historic and cultural areas;

(C) Ecologically and scientifically significant natural areas;

(D) Municipal watersheds;

(E) Flood hazard areas;

(F) Slide hazard areas;

(G) Willamette River Greenway;

(H) Coastal shorelands, beaches and dunes;

(I) Active seismic faults.

(d) The proposed facility is allowable in the applicable zone and will comply with all applicable development standards in the local land use regulations;

(e) The facility shall not prevent the use of adjacent lands for uses permitted or otherwise allowed in the applicable zone;

(f) Emergency services, including medical care, to respond to and address emergencies and accidents at the facility or involving wastes traveling on local transportation routes to the facility have been identified and their adequacy has been assessed;

(g) The facility shall have more than one transportation highway to it;

(h) The appropriate city, county and state highway or transportation departments have reviewed the local transportation routes to the facility for safety and their recommendations for improvements shall be implemented prior to first waste receipt at the facility.

(2) The findings made by the local government with land use jurisdiction according to section (1) of this rule shall state if the applicant requested an exception to any criteria, or if the local government did not consider any of the criteria. An exception may be approved by the local government or by the Department if the applicant demonstrates that the public health and safety and the environment are adequately protected by allowing the exception or if the exception provides substantially equivalent protection as compared to the criterion. The findings shall give a detailed justification for each exception allowed by local government or the Department.

(3) The local government with land use jurisdiction should act on a land use compatibility request within 180 days after a complete request was submitted by the applicant. If local government does not wish to act on the compatibility request or address any of the criteria of section (1) of this rule, the Department shall act on the request or prepare findings for the criteria. The Department is ultimately responsible for determining compliance with state land use goals for the purpose of issuing a permit.

Or. Admin. Code § 340-120-0015

DEQ 12-1986, f. & ef. 5-20-86

Stat. Auth: ORS 466 &ORS 468

Stats. Implemented:ORS 466.015,ORS 466.025,ORS 466.055 & ORS 468.020