ORS 215.298
Mining in exclusive farm use zone

  • land use permit

(1)

As used in this section and ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (2) and 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (2):

(a)

“Impact area” means an area extending 1,500 feet in any direction from the area of a proposed mining site or the farthest point from the proposed mining site where a significant conflict exists, whichever is greater, excluding from the area of the proposed mining site any undisturbed buffer areas or areas on a parcel where mining is not authorized.

(b)

Intentionally left blank —Ed.

(A)

“Mining” includes all or any part of the process of mining by the removal of overburden and the extraction of natural mineral deposits thereby exposed by any method including open-pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off-site borrow pits except those constructed for use as access roads.

(B)

“Mining” does not include excavations of sand, gravel, clay, rock or similar materials conducted by a landowner or tenant on the landowner or tenant’s property for the primary purpose of reconstruction or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction or other on-site construction or nonsurface impacts of underground mines.

(c)

“Significant mineral resource site” means a proposed mining site, other than a site for the mining of aggregate, that is located at least one mile outside the border of the nearest incorporated city and that either:

(A)

Has an estimated quantity of gold, silver or other precious minerals proposed for mining of 500,000 ounces or more and will create 75 or more full-time mining-associated jobs, including but not limited to site construction, mining, operations management, processing, hauling and reclamation; or

(B)

Will create 100 or more full-time mining-associated jobs, including but not limited to site construction, mining, operations management, processing, hauling and reclamation.

(2)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (3) of this section, for purposes of ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (2) and 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (2), a land use permit is required for mining more than 1,000 cubic yards of material or excavation preparatory to mining of a surface area of more than one acre. A county may set standards for a lower volume or smaller surface area than that set forth in this subsection.

(b)

A permit for mining of aggregate shall be issued only for a site included on an inventory in an acknowledged comprehensive plan.

(3)

Notwithstanding any contrary provision of ORS 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (2), county approval of an application for a land use permit under ORS 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (2)(b) for mining or excavation preparatory to mining of a significant mineral resource site on land zoned for exclusive farm use that is located in Baker County, Grant County, Harney County, Lake County, Malheur County, Union County or Wallowa County is not subject to:

(a)

The provisions of ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones); or

(b)

Except as provided in subsection (4) of this section, any statewide land use planning goal or any administrative rule relating to land use.

(4)

A county shall deny an application for a land use permit described in subsection (3) of this section if the county determines that the use will conflict with an administrative rule adopted for the purpose of implementing the Oregon Sage-Grouse Action Plan and Executive Order 15-18.

(5)

A county shall deny an application for a land use permit described in subsection (3) of this section only if:

(a)

The county determines, based on clear and objective standards, that the proposed use will create:

(A)

A significant conflict with local road capacity, sight distances, horizontal or vertical alignment and cross section elements;

(B)

A significant safety conflict with existing public airports due to bird attractants; or

(C)

A significant health or safety conflict with existing residential uses within the boundaries of the impact area of the proposed use; and

(b)

The county determines that the conflict identified in paragraph (a) of this subsection cannot be minimized through the imposition of reasonable and practicable mitigation measures as conditions of approval.

(6)

For purposes of a county determination described in subsection (5) of this section, the county shall determine the impact area of the proposed use. [1989 c.861 §7; 2017 c.736 §1]

Source: Section 215.298 — Mining in exclusive farm use zone; land use permit, https://www.­oregonlegislature.­gov/bills_laws/ors/ors215.­html.

Notes of Decisions

Local government may issue mining permit for aggregate site only if site is significant resource qualifying for inclusion on inventory in acknowledged comprehensive plan. Beaver State Sand and Gravel v. Douglas County, 187 Or App 241, 65 P3d 1123 (2003)

215.010
Definitions
215.020
Authority to establish county planning commissions
215.030
Membership of planning commission
215.042
Planning director
215.044
Solar access ordinances
215.047
Effect of comprehensive plan and land use regulations on solar access ordinances
215.050
Comprehensive planning, zoning and subdivision ordinances
215.060
Procedure for action on plan
215.080
Power to enter upon land
215.090
Information made available to commission
215.100
Cooperation with other agencies
215.110
Recommendations for implementation of comprehensive plan
215.130
Application of ordinances and comprehensive plan
215.135
Expansion of nonconforming school in exclusive farm use zone
215.170
Authority of cities in unincorporated area
215.185
Remedies for unlawful structures or land use
215.190
Violation of ordinances or regulations
215.203
Zoning ordinances establishing exclusive farm use zones
215.209
Department of Land Conservation and Development database
215.211
Agricultural land
215.212
Soils Assessment Fund
215.213
Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993
215.215
Reestablishment of nonfarm use
215.218
Certain private hunting preserves not subject to land use approval
215.223
Procedure for adopting zoning ordinances
215.233
Validity of ordinances and development patterns adopted before September 2, 1963
215.236
Nonfarm dwelling in exclusive farm use zone
215.237
Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone
215.238
Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity
215.239
Siting of agri-tourism event or activity
215.243
Agricultural land use policy
215.246
Approval of land application of certain substances
215.247
Transport of biosolids to tract of land for application
215.249
Division of land for application of biosolids
215.251
Relationship to other farm uses
215.253
Restrictive local ordinances affecting farm use zones prohibited
215.255
Farm product processing facility
215.262
Legislative findings related to nonfarm dwellings
215.263
Land divisions in exclusive farm use zones
215.265
Land divisions
215.273
Applicability to thermal energy power plant siting determinations
215.274
Associated transmission lines necessary for public service
215.275
Utility facilities necessary for public service
215.276
Required consultation for transmission lines to be located on high-value farmland
215.277
Farmworker housing
215.278
Accessory dwellings for farmworkers
215.279
Farm income standard for dwelling in conjunction with farm use
215.281
Legislative findings related to dwellings in conjunction with commercial dairy farm
215.282
Dwellings in conjunction with commercial dairy farm
215.283
Uses permitted in exclusive farm use zones in nonmarginal lands counties
215.284
Dwelling not in conjunction with farm use
215.291
Alteration, restoration or replacement of lawfully established dwelling
215.293
Dwelling in exclusive farm use or forest zone
215.294
Railroad facilities handling materials regulated under ORS chapter 459 or 466
215.296
Standards for approval of certain uses in exclusive farm use zones
215.297
Verifying continuity for approval of certain uses in exclusive farm use zones
215.298
Mining in exclusive farm use zone
215.299
Policy on mining resource lands
215.301
Blending materials for cement prohibited near vineyards
215.304
Rule adoption
215.306
Conducting filming activities in exclusive farm use zones
215.311
Log truck parking in exclusive farm use zones
215.312
Public safety training facility
215.316
Termination of adoption of marginal lands
215.317
Permitted uses on marginal land
215.327
Divisions of marginal land
215.401
Preapplication process for land use approval of disposal site for composting
215.402
Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780
215.406
Planning and zoning hearings officers
215.412
Adoption of hearing procedure and rules
215.416
Permit application
215.417
Time to act under certain approved permits
215.418
Approval of development on wetlands
215.422
Review of decision of hearings officer or other authority
215.425
Review of decision relating to aggregate resources
215.427
Final action on permit or zone change application
215.429
Mandamus proceeding when county fails to take final action on land use application within specified time
215.431
Plan amendments
215.433
Supplemental application for remaining permitted uses following denial of initial application
215.435
Deadline for final action by county on remand of land use decision
215.437
Mandamus proceeding when county fails to take final action within specified time on remand of land use decision
215.438
Transmission towers
215.439
Solar energy systems in residential or commercial zones
215.441
Use of real property for religious activity
215.445
Use of private property for mobile medical clinic
215.446
Renewable energy facility
215.447
Photovoltaic solar power generation facilities on high-value farmland
215.448
Home occupations
215.449
Farm brewery
215.451
Cider business
215.452
Winery
215.453
Large winery
215.454
Lawful continuation of certain winery-related uses or structures
215.455
Effect of approval of winery on land use laws
215.456
Siting winery as commercial activity in exclusive farm use zone
215.457
Youth camps allowed in forest zones and mixed farm and forest zones
215.459
Private campground in forest zones and mixed farm and forest zones
215.461
Guest ranch
215.462
Limitations on guest ranch
215.495
Accessory dwelling units in rural residential zones
215.501
Conversion of historic homes to accessory dwelling units in rural residential zones
215.503
Legislative act by ordinance
215.513
Forwarding of notice to property purchaser
215.605
Counties authorized to adopt housing codes
215.606
Standards for clustered mailboxes in county roads and rights-of-way
215.615
Application and contents of housing ordinances
215.700
Resource land dwelling policy
215.705
Dwellings in farm or forest zone
215.710
High-value farmland description for ORS 215.705
215.720
Criteria for forestland dwelling under ORS 215.705
215.730
Additional criteria for forestland dwelling under ORS 215.705
215.740
Large tract forestland dwelling
215.750
Alternative forestland dwelling
215.755
Other forestland dwellings
215.757
Accessory dwellings supporting family forestry
215.760
Agricultural buildings on land zoned for forest use or mixed farm and forest use
215.780
Minimum lot or parcel sizes
215.783
Land division to preserve open space or park
215.785
Exception to minimum lot or parcel sizes
215.788
Legislative review of lands zoned for farm and forest use
215.791
Review of nonresource lands for ecological significance
215.794
Review of county rezoning designations
215.799
Location of dwellings on wildlife habitat land
Green check means up to date. Up to date