Or. Admin. R. 660-029-0080 - Designation of Receiving Areas

A county may only designate receiving areas as provided in sections (1) and (2) of this rule, subject to the limitations of sections (3) and (4).

(1) Rural Residential exceptions areas may be designated as receiving areas. A local TDC system may authorize a higher density of residential development on all or portions of such areas than is allowable by OAR 660-004-0040, as provided in OAR 660-029-0090(2).

(2) Substantially developed subdivisions in areas that are planned and zoned for farm or forest use outside rural reserves may be designated as receiving areas. A local TDC system may authorize residential development not otherwise allowable in the underlying farm or forest zone, provided:

(a) The subdivision was approved prior to January 1, 1985;

(b) All existing lots in the subdivision are five acres or smaller if the property is in western Oregon as defined in ORS 321.257 or 10 acres or smaller if the property is in eastern Oregon as defined in ORS 321.805;

(c) At least 50 percent of the lots in the subdivision are developed with a dwelling and at least 50 percent of the undeveloped lots are adjacent to a developed lot;

(d) One dwelling per lot is permitted, with no new land divisions allowed; and

(e) The county approves a reasons exception pursuant to OAR chapter 660, division 4.

(3) Receiving areas must:

(a) Meet the requirements of ORS 215.296; and

(b) Be selected so as to minimize conflicts with nearby commercial agricultural and forest operations. Methods for the county to minimize conflicts may include but are not limited to:

(A) Minimizing the selection of receiving areas that are adjacent to high-value farmland; and

(B) Restricting increases in allowed density to the interior of applicable exceptions areas.

(4) Receiving areas may not include any land:

(a) That meets the conditions in OAR 660-029-0040(3)(b) through (e), except that the term "M49 property" is replaced with "land";

(b) That is a sending property designated as provided in OAR 660-029-0010;

(c) Within urban reserves designated under OAR chapter 660, divisions 21 or 27;

(d) Within 100 feet of a riparian corridor as provided in OAR 660-029-0040(3)(c)(D);

(e) Within 100 feet of a wetland as provided in OAR 660-029-0040(3)(c)(E) or subject to state jurisdiction as determined by DSL as provided in OAR chapter 141, divisions 85, 89, 90 and 102;

(f) Within any significant Goal 5 resource site documented and adopted by a local government as a part of a comprehensive plan or land use regulation as defined in OAR 660-023-0010(9);

(g) Within one mile of the "XXL 1 Tsunami Inundation" zone delineated on the Tsunami Inundation Maps published by DOGAMI in 2014;

(h) Within a Special Flood Hazard Area or within an area mapped as "shaded X" or designated "500 year flood plain" on the Flood Insurance Rate Maps adopted by a county or on a preliminary map with a Letter of Final Determination (LFD) issued by the Federal Emergency Management Agency, whichever is most recent;

(i) Within an area of five acres or greater with a fire hazard rating of "High: 1.9-2.1" or "Very High: 2.2+" as designated on the "Community at Risk: Hazard Rating" map published by ODF on October 1, 2006;

(j) Within an area in which a detailed geotechnical report would be required to site a dwelling as specified in the acknowledged comprehensive plan or land use regulation;

(k) Within a landslide deposit or scarp flank on the SLIDO Release 3.2 Geodatabase published by DOGAMI on December 29, 2014, provided the deposit or scarp flank is from a data source mapped at a scale of 1:63,500 or finer; or

(l) Within an area designated as a natural hazard in an acknowledged comprehensive plan or land use regulation.

(5) A county may exclude any additional land from receiving areas.

Notes

Or. Admin. R. 660-029-0080

LCDD 3-2015, f. & cert. ef. 4/27/2015

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.300-195.336; 2007 OL, ch. 424