75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                        Senate Bill 1031

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Environment and Natural Resources)

                     CHAPTER ................

                             AN ACT

Relating to destination resorts; amending ORS 197.455 and
  197.460; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 197.455 is amended to read:
  197.455. (1) A destination resort   { - must be sited - }
 { + may be sited only + } on lands mapped as eligible for
destination resort siting by the affected county. The county may
not allow destination resorts approved pursuant to ORS 197.435 to
197.467 to be sited in any of the following areas:
  (a) Within 24 air miles of an urban growth boundary with an
existing population of 100,000 or more unless residential uses
are limited to those necessary for the staff and management of
the resort.
  (b)(A) On a site with 50 or more contiguous acres of unique or
prime farmland identified and mapped by the United States Natural
Resources Conservation Service, or its predecessor agency.
  (B) On a site within three miles of a high value crop area
unless the resort complies with the requirements of ORS 197.445
(6) in which case the resort may not be closer to a high value
crop area than one-half mile for each 25 units of overnight
lodging or fraction thereof.
  (c) On predominantly Cubic Foot Site Class 1 or 2 forestlands
as determined by the State Forestry Department, which are not
subject to an approved goal exception.
  (d) In the Columbia River Gorge National Scenic Area as defined
by the Columbia River Gorge National Scenic Act, P.L.  99-663.
    { - (e) In an especially sensitive big game habitat area as
determined by the State Department of Fish and Wildlife in July
1984 or as designated in an acknowledged comprehensive plan. - }
   { +  (e) In an especially sensitive big game habitat area:
  (A) As determined by the State Department of Fish and Wildlife
in July 1984, and in additional especially sensitive big game
habitat areas designated by a county in an acknowledged
comprehensive plan; or
  (B) If the State Fish and Wildlife Commission amends the 1984
determination with respect to an entire county and the county
amends its comprehensive plan to reflect the commission's

Enrolled Senate Bill 1031 (SB 1031-A)                      Page 1

subsequent determination, as designated in the acknowledged
comprehensive plan.
  (f) On a site in which the lands are predominantly classified
as being in Fire Regime Condition Class 3, unless the county
approves a wildfire protection plan that demonstrates the site
can be developed without being at a high overall risk of
fire. + }
  (2) In carrying out subsection (1) of this section, a county
shall adopt, as part of its comprehensive plan, a map consisting
of eligible lands within the county. The map must be based on
reasonably available information and may be amended pursuant to
ORS 197.610 to 197.625, but not more frequently than once every
30 months. The county shall develop a process for collecting and
processing concurrently all map amendments made within a 30-month
planning period. A map adopted pursuant to this section shall be
the sole basis for determining whether tracts of land are
eligible for destination resort siting pursuant to ORS 197.435 to
197.467.
  SECTION 2. ORS 197.460 is amended to read:
  197.460. A county shall   { - insure - }   { + ensure + } that
a destination resort is compatible with the site and adjacent
land uses through the following measures:
  (1) Important natural features, including habitat of threatened
or endangered species, streams, rivers and significant wetlands
shall be retained. Riparian vegetation within 100 feet of
streams, rivers and significant wetlands shall be retained.
Alteration of important natural features, including placement of
structures   { - which - }   { + that + } maintain the overall
values of the feature may be allowed.
  (2) Improvements and activities shall be located and designed
to avoid or minimize adverse effects of the resort on uses on
surrounding lands, particularly effects on intensive farming
operations in the area. At a minimum, measures to accomplish this
shall include:
  (a) Establishment and maintenance of buffers between the resort
and adjacent land uses, including natural vegetation and where
appropriate, fences, berms, landscaped areas and other similar
types of buffers.
  (b) Setbacks of structures and other improvements from adjacent
land uses.
   { +  (3) If the site is west of the summit of the Coast Range
and within 10 miles of an urban growth boundary, or if the site
is east of the summit of the Coast Range and within 25 miles of
an urban growth boundary, the county shall require the applicant
to submit an economic impact analysis of the proposed development
that includes analysis of the projected impacts within the county
and within cities whose urban growth boundaries are within the
distance specified in this subsection.
  (4) If the site is west of the summit of the Coast Range and
within 10 miles of an urban growth boundary, or if the site is
east of the summit of the Coast Range and within 25 miles of an
urban growth boundary, the county shall require the applicant to
submit a traffic impact analysis of the proposed development that
includes measures to avoid or mitigate a proportionate share of
adverse effects of transportation on state highways and other
transportation facilities affected by the proposed development,
including transportation facilities in the county and in cities
whose urban growth boundaries are within the distance specified
in this subsection. + }

Enrolled Senate Bill 1031 (SB 1031-A)                      Page 2

  SECTION 3.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
                         ----------

Passed by Senate February 16, 2010

      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House February 22, 2010

      ...........................................................
                                                 Speaker of House

Enrolled Senate Bill 1031 (SB 1031-A)                      Page 3

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled Senate Bill 1031 (SB 1031-A)                      Page 4