Restricted area formation
- • matters to be considered
- • additional area committee member
(1) At any time after the establishment of a protected area, the State Department of Agriculture at the request of the area committee of such protected area, may establish a restricted area in accordance with the provisions of ORS 561.510 (Quarantines) to 561.590 (Violation of quarantine prohibited) governing the procedures for the declaration of quarantines.
(2) The request, referred to in subsection (1) of this section, shall include the following:
(a) The description, including proposed boundaries, of the territory proposed to be a restricted area.
(b) A concise statement of the need for the establishment of the restricted area proposed.
(c) A concise statement of the pesticides and the times, methods or rates of pesticide application to be restricted.
(3)(a) In considering the establishment of a restricted area wherein herbicides are to be restricted, the outer boundaries of such proposed restricted area shall not be in excess of 10 airline miles beyond the outer boundary of the protected area, and if a restricted area wherein all other pesticides are to be restricted shall not be in excess of one airline mile beyond the outer boundary of the protected area.
(b) In considering the establishment of a restricted area, the factors set forth in ORS 634.212 (Formation of protected areas) (5) shall be considered.
(c) ORS 634.216 (Protected area as governmental subdivision upon completion of required filings) shall apply to the establishment of a restricted area, except that such restricted area shall be governed and administered by the area committee of the protected area, which committee shall have the same powers and duties set forth in ORS 634.226 (Protected area governing committee) (2)(b), and except such restricted area shall not be deemed to be a governmental subdivision of this state as a public body corporate.
(d) In the event that a restricted area is established pursuant to subsection (1) of this section, the area committee shall be expanded to include one additional member who resides in the restricted area, but outside of the protected area. The additional member shall be elected in accordance with ORS 634.226 (Protected area governing committee). [1973 c.341 §28; 2009 c.98 §29]
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