Or. Admin. Code § 345-022-0100 - Recreation
(1) To issue a site certificate, the Council
must find that the design, construction and operation of a facility, taking
into account mitigation, are not likely to result in a significant adverse
impact to important recreational opportunities.
(2) The Council must consider the following
factors in judging the importance of a recreational opportunity:
(a) Any special designation or management of
the location;
(b) The degree of
demand;
(c) Any outstanding or
unusual qualities;
(d) The
availability or rareness; and
(e)
The irreplaceability or irretrievability of the opportunity.
(3) 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 impacts from the design, construction, and operation of the facility on
important recreational opportunities.
(4) The Council must apply the version of
this rule adopted under Administrative Order EFSC 1-2002, filed and effective
April 3, 2002, 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 information about the impacts the
proposed facility would have on important recreational opportunities in the
analysis area, providing evidence to support a finding by the Council as
required by OAR 345-022-0100, including:
(a) A description of the recreational
opportunities in the analysis area that includes information on the factors
listed in OAR 345-022-0100(1)
as a basis for identifying important recreational opportunities;
(b) A description of any potential adverse
impacts to the important opportunities identified in subsection (a) including,
but not limited to:
(A) Direct or indirect
loss of a recreational opportunity as a result of facility construction or
operation;
(B) Noise resulting from
facility construction or operation;
(C) Increased traffic resulting from facility
construction or operation; and
(D)
Visual impacts of facility structures or plumes, including but not limited to,
changes in landscape character or quality.
(c) An evaluation of the significance of the
potential adverse impacts identified under subsection (b);
(d) A description of any measures the
applicant proposes to avoid, reduce or otherwise mitigate any significant
adverse impacts identified in subsection (b);
(e) A map of the analysis area showing the
locations of important recreational opportunities identified in subsection (a);
and
(f) The applicant's proposed
monitoring program, if any, for impacts to important recreational
opportunities.
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 a facility, taking into account mitigation, are not likely to result in a significant adverse impact to important recreational opportunities.
(2) The Council must consider the following factors in judging the importance of a recreational opportunity:
(a) Any special designation or management of the location;
(b) The degree of demand;
(c) Outstanding or unusual qualities;
(d) Availability or rareness;
(e) Irreplaceability or irretrievability of the opportunity.
(3) 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 impacts from the design, construction, and operation of the facility on important recreational opportunities.
(4) The Council must apply the version of this rule adopted under Administrative Order EFSC 1-2002, filed and effective April 3, 2002, 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