New Search
Memo on Ridgline Park and Land Use Compliance <br /> July 10, 2001 <br /> Page 6 of 7 <br /> (b) Lawful uses in existence within local parks on the effective date of this <br /> rule. <br /> (3) All uses allowed under Statewide Goal 3 are allowed on agricultural <br /> land within a local park and all uses allowed under Statewide Goal 4 are allowed <br /> on forest land within a local park, in accordance with applicable laws, statewide <br /> goals, and rules. <br /> (4) A local government is not required to adopt an exception to Statewide <br /> Planning Goals 3 or 4 for the uses listed in OAR 660 - 034- 0035(2)(a) through <br /> OAR 660 - 034- 0035(2)(g) [the sections list trails] on agricultural or forest land <br /> within a local park provided such uses, alone or in combination, meet all other <br /> statewide goals and are described and authorized in a local park master plan that: <br /> (a) Is adopted as part of the local comprehensive plan in conformance with <br /> Section (1) of this rule and consistent with all statewide goals; <br /> (b) Is prepared and adopted applying criteria comparable to those required <br /> for uses in state parks under OAR 736, Division 18; and <br /> (c) Includes findings demonstrating compliance with ORS 215.296 for all <br /> uses and activities proposed on or adjacent to land zoned for farm or forest use. <br /> This rule leaves the validity of the LCPMP intact because that county park plan is acknowledged. <br /> Amendments to the LCPMP, including any amendments to incorporate the city's plans for a <br /> Ridgeline Park in rural Lane County, will have to meet the planning requirements in subsection <br /> 0040(1) of the Rule. It also appears that, under subsection 0040(4) of the Rule, authorization of a <br /> a Ridgeline Trail use may trigger a Goal 3 or Goal 4 exception unless the trail use is authorized <br /> as part of a comprehensive park planning effort by the County that meets the requirements of <br /> subsection 0040(1). <br /> Conclusions: <br /> For existing Ridgeline Park in rural Lane County: <br /> (1) Existing elements of the park would be legal if they complied with the statutes, goals, <br /> rules, and county code provisions in effect at the time the trail segments were developed <br /> for park use. Determining what stretches of the trail are legal and what are not will <br /> require examining when different segments of the trail were put to park use and what <br /> standards were in effect at that time. <br /> (2) Parts of the trail that were put into use in compliance with all the laws in effect at the time <br /> would be nonconforming uses today if the standards have become more stringent in the <br />