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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF AGRICULTURE

 

DIVISION 80

LAND USE COORDINATION

 

 

603-080-0005

Land Use Coordination

(1) This division is applicable to the approval of actions and projects described below under the following department programs. These are:

(a) Approval of lease applications for plats for commercial cultivation of oysters on state lands in coastal estuaries pursuant to ORS Chapter 622.

(b) Approval of conservation planning and implementation grants to local Soil and Water Conservation Districts pursuant to ORS Chapter 568.

(c) Review of soils reports pursuant to ORS 215.710(5) and OAR 603 Division 80.

(d) Approval of any other action(s) under a department program subsequently determined to affect land use pursuant to OAR 660 Division 30.

(2) In order to approve an action or project under a program listed in OAR 603-080-0005(1)(a) - (d), the department shall find that it complies with the Statewide Planning Goals and is compatible with acknowledged city and county comprehensive plans and land use regulations. To make its goal compliance and plan compatibility findings, the department shall comply with OAR 603-080-0005(2) - (4) and shall also adhere to the procedures in the department's state agency coordination program which is hereby adopted by reference.

(3) Except where the department is required to address directly the Statewide Planning Goals under section (4) of this rule, the department shall make its goal compliance findings based on the land use compatibility information provided to the department by the affected city or county or project applicant. Such documentation shall be submitted to the department in a manner established by the department and in accordance with applicable procedures set forth in the department's state agency coordination program.

(4) The department shall adopt findings demonstrating compliance with the Statewide Planning Goals if a situation ever arises where the department must approve a project action but is unable to rely upon or is not provided with the appropriate land use compatibility information by the affected city or county or project applicant. In this instance, the department shall comply with OAR 660-030-0065 and the applicable procedures in the department's state agency coordination program to make the necessary goal compliance findings.

Stat. Auth.: ORS 197.180
Stats. Implemented: ORS 197.180, ORS 215.705 & ORS 215.710
Hist.: AD 13-1990, f. & cert. ef. 6-13-90; AD 12-1994, f. & cert. ef. 8-30-94; AD 16-1995, f. & cert. ef. 11-20-95

 

Dwellings on High Value Lots of Record

603-080-0015

Purpose

These rules apply to the review of soils reports that propose to change the soil class, soil rating or other soil designations on a specific lot or parcel pursuant to ORS 215.710(5)(b). The department's review decision does not itself authorize a dwelling or any other development.

Stat. Auth.: ORS 215.705
Stats. Implemented: ORS 215.705 & ORS 215.710
Hist.: AD 12-1994, f. & cert. ef. 8-30-94; AD 16-1995, f. & cert. ef. 11-20-95

 

603-080-0020

Definitions

(1) The following definitions apply to words used in OAR 603-080-0015 to 603-080-0050:

(a) "County" means the county in which the lot or parcel at issue is located;

(b) "Department" means the Oregon Department of Agriculture;

(c) "Director" means the Director of the Oregon Department of Agriculture;

(d) "Lot" has the meaning provided in ORS 92.010 and 215.010;

(e) "Parcel" has the meaning provided in ORS 92.010 and 215.010; and

(f) "Person" means individuals, corporations, associations, firms, partnerships, joint stock companies, and governmental entities.

(2) Definitions for other words used in these rules shall be consistent with interpretations given by the courts and the Oregon Land Use Board of Appeals to the same or similar terms in ORS Chapters 197 and 215, unless a different meaning is clearly indicated by context.

Stat. Auth.: ORS 215.705
Stats. Implemented: ORS 215.70 & ORS 215.710
Hist.: AD 12-1994, f. & cert. ef. 8-30-94; AD 16-1995, f. & cert. ef. 11-20-95

603-080-0030

Acceptable Credentials

(1) Until January 1, 1997, the following credentials of soil scientists conducting the soil surveys are the minimally acceptable qualifications under ORS 215.710(5)(b)(A):

(a) A soil scientist who is certified as a soils classifier by the ARCPACS (A Federation of Certifying Boards in Agronomy, Biology, Earth and Environmental Sciences); or

(b) A soil scientist who can document the following qualifications:

(A) Uses and understands the physical, chemical, mineralogical and biological properties that apply to pedology,;

(B) Has proficiency in the practice of applying pedology to soil investigation, classification, education, and consultation on the effect of measured, observed and inferred soil properties and their use. The practice of applying pedology includes the preparation of soil descriptions, maps, reports, and interpretations that apply to private or public work; and

(C) Has a bachelor's degree in soil science together with a minimum of five years of professional experience as a soils classifier, or has a master's or doctoral degree in soil science together with a minimum of three years of professional experience as a soils classifier.

(2) Beginning January 1, 1997, the only minimally acceptable credentials for a soil scientist under ORS 215.710(5)(b)(A) shall be a soil scientist certified as a soils classifier by ARCPACS (subsection (1)(a) of this rule). Soil scientists who documented their qualifications under subsection (1)(b) of this rule must be certified as a soils classifier on or before January 1, 1997, in order to continue to meet the minimally acceptable credentials for a soil scientist under ORS 215.710(5)(b)(A).

(3) At its discretion, the department may verify the submitted credentials of a soil scientist.

Stat. Auth.: ORS 215.705
Stats. Implemented: ORS 215.705 & ORS 215.710
Hist.: AD 12-1994, f. & cert. ef. 8-30-94; AD 16-1995, f. & cert. ef. 11-20-95

 

603-080-0040

Acceptable Soils Reports

The department shall consider the soils analyses in soils reports soundly and scientifically based if they meet the following:

(1) General Information, shall include:

(a) The title of the report;

(b) Land owner for whom the report has been prepared;

(c) Names of soil scientist(s) conducting the field work and preparer(s) of the report, along with their certification numbers and qualifications as required in OAR 603-080-0030(2);

(d) Land use case file number (if available);

(e) County in which the survey was conducted;

(f) Location of the project site, including the township, range, section, and lot(s) number;

(g) Present zoning designation;

(h) Current land use;

(i) A description of the purpose of the investigation.

(2) Previous Mapping or Background: The soil scientist shall provide a copy of the applicable and most current National Cooperative Soil Survey map(s) provided by the Natural Resources Conservation Service (NRCS), with the area of investigation outlined on the map(s). The scale of the map(s) shall be identified and a list of the map units under investigation be listed. The applicable interpretations and inclusions for the map units for which the investigation is being made shall also be provided.

(3) Methods Used By Soil Scientist: The soil scientist shall describe the methodologies used for the preparation of the report and shall include the following:

(a) The level of order of survey used in the field survey, scale and type of maps used for field investigations, number of sample locations and observation points all confirming or disagreeing with the NRCS mapping units. The level of order of survey shall be one or more higher than the NRCS survey as described in the NRCS Soil Survey Manual, 1993;

(b) The date/s of the field investigation;

(c) The methods used for observations (backhoe, auger, shovel etc.) and methods used for documentation (for slope, color, pH etc.);

(d) A notation of any limitations encountered during the field investigation such as soil depth, drainage, slope or inaccessibility.

(4) Results, Findings, Decisions: The soils report shall describe how the level of order of survey used on this investigation differs from that used by NRCS in the original soil survey. The soils report shall also include:

(a) An overview of the geology or geologic setting, describing sources of parent material, bedrock and related factors;

(b) A description of the landforms and topography, confirming the relationship of landforms to soil mapping units;

(c) A description of on-site and adjacent hydrology, including surface and subsurface features, intermittent versus perennial, flood plain and floodways and other related information;

(d) A description of the revised soil mapping units with their range of characteristics, explaining how and why they differ from NRCS soil mapping. The soils report shall include a summary of soil characteristic variabilities incorporating significance of preceding weather (above or below average) and crops and natural vegetation present;

(e) A tabulation of all previous and revised soil mapping units complete with their acreages and land use classifications.

(5) Summary or Conclusion: The soils report shall contain a section reiterating the purpose of the investigation, explaining the significance of the revised soil mapping and describing any other significant issues related to the report's purpose.

(6) References: This section shall be used to detail the qualifications of field investigators and the preparers of the report. This section may also list any manuals or publications utilized or referenced by the report.

(7) Attachments: Other informational materials provided as attachments, such as maps, figures or appendices shall include the following and shall be printed on 8 1/2" X 11" wherever possible:

(a) Vicinity map with a scale of 1:48,000 or smaller showing the project location;

(b) The NRCS soils map with a scale of 1:20,000 or larger outlining the project site;

(c) Site condition map (aerial photo) with a scale of 1:5,000 or larger outlining the project site;

(d) Topography map with a scale of 1:24,000 or larger outlining the project site;

(e) Assessor's map with a scale of 1:5,000 or larger outlining the project site;

(f) Revised soils map of the project site with a scale of 1:5,000 or larger;

(g) Soil profile and site observation notes;

(h) Representative soil profile descriptions of any soil mapping unit identified that is not described in the published soil survey for the area mapped.

Stat. Auth.: ORS 215.705
Stats. Implemented: ORS 215.705 & ORS 215.710
Hist.: AD 12-1994, f. & cert. ef. 8-30-94; AD 16-1995, f. & cert. ef. 11-20-95

 

603-080-0050

Review Statement

(1) Within 30 days of the receipt of the soils report from the applicant, the director or his designee shall determine the acceptability of the consultant's credentials and whether the analysis in the report is soundly and scientifically based.

(2) The department shall provide a written statement to the applicant on its findings and these findings shall be an order in other than a contested case for purposes of judicial review under Oregon's Administrative Procedure Act ORS 183.484.

Stat. Auth.: ORS 215.705
Stats. Implemented: ORS 215.70 & ORS 215.710
Hist.: AD 12-1994, f. & cert. ef. 8-30-94; AD 16-1995, f. & cert. ef. 11-20-95

603-080-0060

Notification of Application

(1) The department shall maintain a list of persons requesting notification of applications. The department may prepare separate lists for specified geographic areas.

(2) Once the department determines that an application is complete, the department shall notify all persons on the lists referred to in section (1) of this rule and OAR 603-080-0040(2).

(3) Notice shall be in the form prescribed by the department and include information about the filing of the application, the general nature of the contested case proceedings, the appointment of the hearings officer and the requirements for a petition to participate in the contested case hearing as a party, limited party or interested agency.

(4) Notice may be personally served or sent by first class mail.

Stat. Auth.: ORS 561.190 & ORS 215.705
Stats. Implemented: ORS 215.705
Hist.: AD 12-1994, f. & cert. ef. 8-30-94

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