|
Chapter 660 Land Conservation and Development Department
<br />or forest land within a state park provided the uses, alone or in com-
<br />bination, meet all statewide goals and are authorized in a state park
<br />master plan adopted by OPRD, including state park master plans
<br />adopted by OPRD prior to the effective date of this division:
<br />(a) Campground areas: recreational vehicle sites; tent sites; cam-
<br />per cabins; yurts; teepees; covered wagons; group shelters; campfire
<br />program areas; camp stores;
<br />(b) Day use areas: picnic shelters, barbecue areas, swimming
<br />areas (not swimming pools), open play fields, play structures;
<br />(c) Recreational trails: walking, hiking, biking, horse, or motor-
<br />ized off -road vehicle trails; trail staging areas;
<br />(d) Boating and fishing facilities: launch ramps and landings,
<br />docks, moorage facilities, small boat storage, boating fuel stations, fish
<br />cleaning stations, boat sewage pumpout stations;
<br />(e) Amenities related to park use intended only for park visitors
<br />and emplovees: laundry facilities; recreation shops; snack shops not
<br />exceeding 1500 square feet of floor area;
<br />(f) Support facilities serving only the park lands wherein the
<br />facility is located: water supply facilities, sewage collection and treat-
<br />ment facilities, storm water management facilities, electrical and com-
<br />munication facilities, restrooms and showers, recycling and trash col-
<br />lection facilities, registration buildings, roads and bridges, parking
<br />areas and walkways;
<br />(g) Park Maintenance and Management Facilities located with-
<br />in a park! maintenance shops and yards, fuel stations for park vehi-
<br />cles, storage for park equipment and supplies, administrative offices,
<br />staff lodging;
<br />(h) Natural and cultural resource interpretative, educational and
<br />informational facilities in state parks: interpretative centers, informa-
<br />tion /orientation centers, self - supporting interpretative and infor-
<br />mational kiosks, natural history or cultural resource museums, natural
<br />history or cultural educational facilities, reconstructed historic struc-
<br />tures for cultural resource interpretation, retail stores not exceeding
<br />1;500 square feet for sale of books and other materials that support
<br />park resource interpretation and education;
<br />(i) Visitor lodging and retreat facilities in state parks: historic lod-
<br />ges, houses or inns and .the following associated uses in a state park
<br />retreat area only:
<br />(A) Meeting halls not exceeding 2.000 square feet of floor area;
<br />(B) Dining halls (not restaurantsj.
<br />Sta. Auth.: ORS 183, 195 & 197
<br />Suits. Implemented! ORS 197.040, 197.225 - 197.245 & 195.120 - 195.125
<br />Hist.: LCDD 3- 1998,1'. & cen. ef. 7 -15 -98
<br />660- 034.0040
<br />Planning for Local Parks
<br />(1) Local park providers may prepare local park master plans. and
<br />local governments may amend acknowledged comprehensive plans
<br />and zoning ordinances pursuant to the requirements and procedures of
<br />ORS 197.610 through 197.625 in order to implement such local park
<br />plans. Local governments are not required to adopt a local park master
<br />plan in order to approve a land use decision allowing parks or park
<br />uses on agricultural lands under provisions of ORS 215.213 or 215.283
<br />or on forestiands under provisions of OAR 660 -006- 0025(4), as further
<br />addressed in Sections (3) and (4) of this rule. If a local government
<br />decides to adopt a local park plan a� part of the local comprehensive
<br />plan, the adoption shall include:
<br />(a) A plan map designation, as necessary, to indicate the location
<br />and boundaries of the local park; and
<br />(b) Appropriate zoning categories and map designations (a "local
<br />park" zone or overlay zone is recommended), including objective land
<br />use and siting review criteria. in order to authorize the existing and
<br />planned park uses described in local park master plan.
<br />(2) Unless the context requires otherwise, this rule does not
<br />require changes to:
<br />(a) Local park plans that were adopted as part of an acknowl-
<br />edged local land use plan prior to the effective date of this rule; or
<br />(b) Lawful uses in existence within local parks on the effective
<br />date of this rule.
<br />(3) All uses allowed under Statewide Goal 3 are allowed on agn-
<br />cultural land within a local park and all uses allowed under Statewide
<br />Goal 4 are allowed on forest land within a local park. in accordance
<br />with applicable laws. statewide goals. and rules.
<br />(4) Although some of the uses listed in OAR 660-034-0035(2
<br />through 660 - 034 - 0035(2)(,,) are not allowed on agricultural or ["ores;
<br />land without an exception to Statewide Planning Goals 3 or 4. a local
<br />government is not - required to take an exception to Goals 3 or 4 to
<br />allow such uses on land within a local park provided such uses, alone
<br />or in combination, meet all other statewide goals and are described and
<br />authorized in a local park master plan that:
<br />(a) Is adopted as part of the local comprehensive plan in confor-
<br />mance with Section (1) of this rule and consistent with all statewide
<br />goals;
<br />(b) Is prepared and adopted applying criteria comparable to those
<br />required for uses in state parks under OAR 736, division 18; and
<br />(c) Includes findings demonstrating compliance with ORS
<br />215.296 for all uses and activities proposed on or adjacent to land
<br />zoned for farm or forest use.
<br />Scat. Auth.: ORS 183,195 & 197
<br />Sulu. Implemented: ORS 197.040, 197.225 - 197.245 & 195.120 - 195.125
<br />Hist.: LCDD 3 -1998, f. & cert. ef. 7- 15 -98: LCDD 3 -2004, f. & cen. et. 5 -7 -04
<br />DIVISION 35
<br />FEDERAL CONSISTENCY
<br />660 - 035 -0000
<br />Purpose
<br />This administrative tole establishes state procedures for imple-
<br />menting the federal consistency requirements of the Federal Coastal
<br />Zone Management Act of 1972 as amended, Section 307(c).
<br />Stat. Auth:: ORS 183 & 197
<br />Slay. Implemented: ORS 196.435 & 197.040
<br />Hist.: LCDC 7- 1988, f. & cert_ ef. 9 -29 -88
<br />660- 035 -0010
<br />Definitions
<br />For the purposes of this division the following definitions shall
<br />apply:
<br />(1) "Acknowledged Comprehensive Plan" means a comprehen-
<br />sive plan and land use regulations or plan or regulation amendment
<br />which complies with the.goals as provided in ORS 197.251, 197.640
<br />to 197.649 and 197.625.
<br />(2) "Applicant' means any individual or organization, except a
<br />federal agency, who applies for a federal license or permit or other
<br />form of permission which a federal agency is empowered to issue, to
<br />conduct an activity affecting land or water uses in the coastal zone.
<br />(3) "'Applicant Agency" means a state agency, city, county, spe-
<br />cial purpose district, or regional body which,submits an application for
<br />federal financial assistance.
<br />(4) "Assistant Administrator" means the Assistant Administrator
<br />for Ocean Services and Coastal Zone Management, National Oceanic
<br />and Atmospheric Administration, U.S. Department of Commerce.
<br />(5) "Associated Facilities" includes all forms of development:
<br />(a) Which are specifically designed, located, constructed, oper-
<br />ated. adapted, or otherwise used, in full or major part, to meet the needs
<br />of a federal action or federally permitted action; and
<br />(b) Without which the federal action, as proposed, could not be
<br />conducted (15 CFR 930.21).
<br />(6) "Certification of Consistency" means a declaration which is
<br />supported by the necessary data and.information by an applicant or an
<br />OCS applicant that a proposed activity or development complies with
<br />the Oregon Coastal Management Program and that such activity shall
<br />be conducted in a manner consistent with the program
<br />(7) "Coastal Zone" means the area lying between the Washington
<br />border on the north to the California border on the south, bounded on
<br />the west by the extent of the state's jurisdiction as recognized by fed-
<br />eral law, and the east by the crest of the coastal mountain range,
<br />excepting`
<br />(a) The Umpqua River basin, where the coastal zone extends to
<br />Scottsburg:
<br />(b) The Rogue River basin, where the coastal zone extends to
<br />Agness; and
<br />(c) The Columbia River basin. where the coastal zone extends to
<br />the downstream end of Puget Island.
<br />(8) "CZMA" means the federal Coastal Zone Management Act
<br />of 1972. as amended.
<br />(9) "Commission" means the Land Conservation and Develop-
<br />ment Commission.
<br />Ore¢on Administrative Rules Compilation
<br />-0
<br />
|