Or. Admin. Code § 345-022-0080 - Scenic Resources
(1) To issue a site
certificate, the Council must find that the design, construction and operation
of the facility, taking into account mitigation, are not likely to result in
significant adverse visual impacts to significant or important scenic
resources.
(2) The Council may
issue a site certificate for a special criteria facility under OAR
345-015-0310 without making the
findings described in section (1). In issuing such a site certificate, the
Council may impose conditions of approval to minimize the potential significant
adverse visual impacts from the design, construction, and operation of the
facility on significant or important scenic resources.
(3) A scenic resource is considered to be
significant or important if it is identified as significant or important in a
current land use management plan adopted by one or more local, tribal, state,
regional, or federal government or agency.
(4) The Council shall apply the version of
this rule adopted under Administrative Order EFSC 1-2007, filed and effective
May 15, 2007, to the review of any Application for Site Certificate or Request
for Amendment that was determined to be complete under OAR
345-015-0190 or
345-027-0363 before the
effective date of this rule. Nothing in this section waives the obligations of
the certificate holder and Council to abide by local ordinances, state law, and
other rules of the Council for the construction and operation of energy
facilities in effect on the date the site certificate or amended site
certificate is executed.
(5) To
assist the Council in determining whether the standard outlined in (1) through
(4) has been met, the Applicant must submit an analysis of potential visual
impacts of the proposed facility, if any, on significant or important scenic
resources within the analysis area, providing evidence to support a finding by
the Council under OAR
345-022-0080, including:
(a) An inventory of scenic resources
identified as significant or important in a land use management plan adopted by
one or more local, tribal, state, regional, or federal government or agency
applicable to lands within the analysis area for scenic resources. The
applicant must provide a list of the land management plans reviewed in
developing the inventory and a copy of the relevant portion of the
plans;
(b) A map or maps showing
the location of the scenic resources described under subsection (a), in
relation to the site of the proposed facility;
(c) A description of the methodology the
applicant used to identify and assess potential visual impacts to the scenic
resources identified in subsection (a);
(d) Identification of potential visual
impacts to the scenic resources identified in subsection (a), including, but
not limited to:
(A) Loss of vegetation or
alteration of the landscape as a result of construction or operation;
(B) Visual impacts of facility structures or
plumes, including but not limited to, changes in landscape character or
quality; and
(C) Loss of visibility
due to air emissions or other pollution resulting from the construction or
operation of the proposed facility;
(e) An assessment of the significance of the
visual impacts described under subsection (d);
(f) A description of the measures the
applicant proposes to avoid, reduce or otherwise mitigate any potential
significant adverse visual impacts; and
(g) The applicant's proposed monitoring
program, if any, for impacts to scenic resources.
Notes
Statutory/Other Authority: ORS 469.470 & 469.501
Statutes/Other Implemented: ORS 469.501
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) To issue a site certificate, the Council must find that the design, construction and operation of the facility, taking into account mitigation, are not likely to result in significant adverse visual impacts to significant or important scenic resources.
(2) The Council may issue a site certificate for a special criteria facility under OAR 345-015-0310 without making the findings described in section (1). In issuing such a site certificate, the Council may impose conditions of approval to minimize the potential significant adverse visual impacts from the design, construction, and operation of the facility on significant or important scenic resources.
(3) A scenic resource is considered to be significant or important if it is identified as significant or important in a current land use management plan adopted by one or more local, tribal, state, regional, or federal government or agency.
(4) The Council shall apply the version of this rule adopted under Administrative Order EFSC 1-2007, filed and effective May 15, 2007, to the review of any Application for Site Certificate or Request for Amendment that was determined to be complete under OAR 345-015-0190 or 345-027-0363 before the effective date of this rule. Nothing in this section waives the obligations of the certificate holder and Council to abide by local ordinances, state law, and other rules of the Council for the construction and operation of energy facilities in effect on the date the site certificate or amended site certificate is executed.
Notes
Statutory/Other Authority: ORS 469.470 & 469.501
Statutes/Other Implemented: ORS 469.501