Or. Admin. Code § 660-023-0020 - Standard and Specific Rules and Safe Harbors
(1) The standard Goal 5 process, OAR
660-023-0030 through
660-023-0050, consists of
procedures and requirements to guide local planning for all Goal 5 resource
categories. This division also provides specific rules for each of the fifteen
Goal 5 resource categories (see OAR
660-023-0090 through
660-023-0230). In some cases
this division indicates that both the standard and the specific rules apply to
Goal 5 decisions. In other cases, this division indicates that the specific
rules supersede parts or all of the standard process rules (i.e., local
governments must follow the specific rules rather than the standard Goal 5
process). In case of conflict, the resource-specific rules set forth in OAR
660-023-0090 through
660-023-0230 shall supersede the
standard provisions in OAR
660-023-0030 through
660-023-0050.
(2) A "safe harbor" consists of an optional
course of action that satisfies certain requirements under the standard
process. Local governments may follow safe harbor requirements rather than
addressing certain requirements in the standard Goal 5 process. For example, a
jurisdiction may choose to identify "significant" riparian corridors using the
safe harbor criteria under OAR
660-023-0090(5)
rather than follow the general requirements
for determining "significance" in the standard Goal 5 process under OAR
660-023-0030(4).
Similarly, a jurisdiction may adopt a wetlands ordinance that meets the
requirements of OAR 660-023-0100(4)(b)
in lieu of following the ESEE decision process in OAR
660-023-0040.
Notes
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.225 - ORS 197.245
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