Bill Text: OR HB3465 | 2011 | Regular Session | Enrolled
Bill Title: Relating to guest ranches; and declaring an emergency.
Sponsorship: Committee Bill
Status: (Passed) 2011-08-02 - Chapter 686, (2011 Laws): Effective date August 2, 2011. [HB3465 Detail]
Download: Oregon-2011-HB3465-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3465
Sponsored by COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
CHAPTER ................
AN ACT
Relating to guest ranches; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds and declares
that:
(1) Working farms and cattle ranches make vital contributions
to Oregon by:
(a) Providing jobs, timber, agricultural products, tax base,
tourism and other social and economic benefits;
(b) Helping to maintain soil, air and water resources;
(c) Reducing levels of carbon dioxide in the atmosphere; and
(d) Providing habitat for wildlife and aquatic life.
(2) New methods must be developed to facilitate continued
management of private farms and cattle ranches as population
growth, escalating land values, increasing risks from wildfire
and invasive species, and changes in land ownership or management
objectives result in increased conflict with dispersed
residential development.
(3) The public policy of the State of Oregon is to:
(a) Encourage, and explore alternative methods to encourage,
the continued management of private farm and forest lands for
timber production, agricultural production and cattle ranching.
(b) Protect water quality, wildlife habitat and other important
natural resources by limiting location of dispersed residential
development on farm and forest land. + }
SECTION 2. { + (1) As used in this section:
(a) 'Associated property' means real property, and
improvements, that is contiguous to and in common ownership with
the development area.
(b) 'Development area' means certain property containing a
guest ranch and consisting of approximately 5,000 acres in common
ownership that are located in township 17 south, range 31 east
and township 17 south, range 32 east, Grant County.
(2) Subject to approval of a master plan submitted to Grant
County, the guest ranch may be expanded in the development area
in one or more phases to include the uses authorized under this
section if Grant County finds that the master plan for the
development area meets the standards set forth in subsections
(4), (5) and (6) of this section, notwithstanding:
(a) Sections 2 and 3, chapter 84, Oregon Laws 2010.
(b) Statewide land use planning goals and rules implementing
the goals and without taking an exception under ORS 197.732 to a
goal.
Enrolled House Bill 3465 (HB 3465-B) Page 1
(c) The lot size and dwelling standards of ORS 215.700 to
215.780.
(d) Provisions of the acknowledged comprehensive plan or land
use regulations of Grant County except as:
(A) Provided otherwise in this section; or
(B) Necessary to protect the public health and safety.
(3) The development area may:
(a) Contain up to 575 units of overnight accommodations,
including but not limited to lodging units, cabins, townhomes and
fractional ownerships. Overnight accommodations that are not
lodging units, timeshares or fractional ownerships must be
subject to deed restrictions that limit use of the accommodations
to use as overnight accommodations.
(b) Include restaurants, meeting and conference facilities and
commercial uses to meet the needs of visitors to the development
area and associated property.
(c) Include developed recreational facilities including, but
not limited to, tennis courts, spa facilities, equestrian
facilities, swimming pools and bicycle paths.
(d) Not include sites for new residential dwellings unless
otherwise permitted under existing law or developed for employees
of the guest ranch or other uses allowed in the development area.
(4) The uses authorized by this section that are to be
developed on or after January 1, 2010, must be constructed in the
development area.
(5) Roads, utility corridors and utility facilities necessary
to serve the development area are authorized uses. Roads in the
development area:
(a) Must be all-weather roads.
(b) Must remain unpaved to the greatest extent practicable to
discourage car use in most parts of the development area.
(c) Must be wide enough to accommodate emergency equipment.
(6) Upon receipt of an application for approval of a master
plan for the development and use of the development area, Grant
County shall approve the master plan if the county finds that the
master plan:
(a) Demonstrates that the important natural features of the
development area and associated property, including but not
limited to habitat of threatened or endangered species, streams,
rivers and significant wetlands, will be retained. Grant County
may authorize alteration of important natural features, including
the placement of structures that maintain the overall values of
the natural features, under the county's applicable acknowledged
comprehensive plan and land use regulations.
(b) Demonstrates that the development area and associated
property will be managed to provide significant public benefits
in the form of:
(A) Wildlife and aquatic habitat improvements, including tree
planting, enhancement of riparian areas and restoration of
meadows for wildlife; and
(B) Training and education programs.
(c) Demonstrates that the development area and associated
property will be managed to provide a significant number of
permanent jobs in Grant and Harney Counties, to encourage the
growth of ancillary and support businesses in Grant and Harney
Counties, to encourage expansion of tourism opportunities for
Grant and Harney Counties, and to provide opportunities to
educate the public about sustainable ranching and wildlife
rehabilitation in conjunction with Oregon State University or
another educational institution in the State of Oregon.
Enrolled House Bill 3465 (HB 3465-B) Page 2
(d) Contains design criteria and standards that promote
sustainability in the development area. The criteria and
standards must promote energy and water conservation, reduce,
based on consultation with the State Department of Fish and
Wildlife, adverse impacts of development on wildlife and reduce,
based on consultation with the State Forestry Department,
wildfire risk.
(e) Demonstrates that overnight accommodations will be
clustered to minimize adverse impacts on fish and wildlife.
(f) Includes a proposed plat to create lots for the first phase
of development in the development area.
(7) The planning director of Grant County may:
(a) Approve by administrative review an amendment to an
approved master plan or an associated land division plan; or
(b) If the planning director determines that the proposed
change may impact the findings made pursuant to subsection (6) of
this section, refer the amendment to the Grant County Court for
review. If the planning director refers a proposed amendment to
the court, the court shall approve the proposed change if the
master plan, as amended, or the associated land division plan, as
amended, remains consistent with the requirements of this
section.
(8) Grant County shall:
(a) Apply only the provisions of this section and the master
plan as standards and criteria for approval or amendment of the
master plan and associated land division applications and
development permit applications submitted pursuant to this
section.
(b) Process the master plan and associated land division
applications pursuant to the procedural review provisions of the
acknowledged comprehensive plan and land use regulations. + }
SECTION 3. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by House April 20, 2011
Repassed by House June 23, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 22, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3465 (HB 3465-B) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3465 (HB 3465-B) Page 4
