Or. Admin. Code § 660-013-0140 - Safe Harbors
A "safe harbor" is a course of action that satisfies certain requirements of this division. Local governments may follow safe harbor requirements rather than addressing certain requirements in these rules. The following are considered to be "safe harbors":
(1) Portions of existing acknowledged
comprehensive plans, land use regulations, Airport Master Plans and Airport
Layout Plans adopted or otherwise approved by the local government as mandatory
standards or requirements shall be considered adequate to meet requirements of
these rules for the subject areas of rule requirements addressed by such plans
and elements, unless such provisions are contrary to provisions of ORS
836.600 through
836.630. To the extent these
documents do not contain specific provisions related to requirements of this
division, the documents can not be considered as a safe harbor. The adequacy of
existing provisions shall be evaluated based on the specificity of the
documents and relationship to requirements of these rules;
(2) This division does not require
elimination of existing or allowed airport related uses authorized by an
acknowledged comprehensive plan and land use regulations; and
(3) Notwithstanding the safe harbor
provisions of this rule, land use regulations applicable to non-towered
airports shall authorize airport uses required by this division.
Notes
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 836.600 - ORS 836.630 & 1997 OL, Ch. 859
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