(2) An associated transmission line is necessary for public service if an applicant for approval under ORS 215.213 (1)(c)(B) or 215.283 (1)(c)(B) demonstrates to the governing body of a county or its designee that the associated transmission line meets:
(a) At least one of the requirements listed in subsection (3) of this section; or
(b) The requirements described in subsection (4) of this section.
(3) The governing body of a county or its designee shall approve an application under this section if an applicant demonstrates that the entire route of the associated transmission line meets at least one of the following requirements:
(a) The associated transmission line is not located on high-value farmland, as defined in ORS 195.300, or on arable land;
(b) The associated transmission line is co-located with an existing transmission line;
(c) The associated transmission line parallels an existing transmission line corridor with the minimum separation necessary for safety; or
(d) The associated transmission line is located within an existing right of way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground.
(4)(a) Except as provided in subsection (3) of this section, the governing body of a county or its designee shall approve an application under this section if, after an evaluation of reasonable alternatives, the applicant demonstrates that the entire route of the associated transmission line meets, subject to paragraphs (b) and (c) of this subsection, two or more of the following factors:
(A) Technical and engineering feasibility;
(B) The associated transmission line is locationally dependent because the associated transmission line must cross high-value farmland, as defined in ORS 195.300, or arable land to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;
(C) Lack of an available existing right of way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground;
(D) Public health and safety; or
(E) Other requirements of state or federal agencies.
(b) The applicant shall present findings to the governing body of the county or its designee on how the applicant will mitigate and minimize the impacts, if any, of the associated transmission line on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmland.
(c) The governing body of a county or its designee may consider costs associated with any of the factors listed in paragraph (a) of this subsection, but consideration of cost may not be the only consideration in determining whether the associated transmission line is necessary for public service. [2013 c.242 ยง2]
Note: 215.274 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 215 - County Planning; Zoning; Housing Codes
Section 215.010 - Definitions.
Section 215.020 - Authority to establish county planning commissions.
Section 215.030 - Membership of planning commission.
Section 215.042 - Planning director.
Section 215.044 - Solar access ordinances; purpose; standards.
Section 215.050 - Comprehensive planning, zoning and subdivision ordinances; copies available.
Section 215.130 - Application of ordinances and comprehensive plan; alteration of nonconforming use.
Section 215.135 - Expansion of nonconforming school in exclusive farm use zone.
Section 215.185 - Remedies for unlawful structures or land use.
Section 215.203 - Zoning ordinances establishing exclusive farm use zones; definitions.
Section 215.211 - Agricultural land; detailed soils assessment; fee.
Section 215.212 - Soils Assessment Fund; purposes.
Section 215.215 - Reestablishment of nonfarm use.
Section 215.223 - Procedure for adopting zoning ordinances; notice.
Section 215.236 - Nonfarm dwelling in exclusive farm use zone; qualification for special assessment.
Section 215.239 - Siting of agri-tourism event or activity.
Section 215.243 - Agricultural land use policy.
Section 215.247 - Transport of biosolids to tract of land for application.
Section 215.249 - Division of land for application of biosolids.
Section 215.251 - Relationship to other farm uses.
Section 215.253 - Restrictive local ordinances affecting farm use zones prohibited; exception.
Section 215.255 - Farm product processing facility; conditions.
Section 215.262 - Legislative findings related to nonfarm dwellings.
Section 215.263 - Land divisions in exclusive farm use zones; criteria for approval; rules.
Section 215.265 - Land divisions; limiting certain causes of action.
Section 215.276 - Required consultation for transmission lines to be located on high-value farmland.
Section 215.278 - Accessory dwellings for farmworkers; rules.
Section 215.279 - Farm income standard for dwelling in conjunction with farm use.
Section 215.282 - Dwellings in conjunction with commercial dairy farm; rules.
Section 215.283 - Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules.
Section 215.294 - Railroad facilities handling materials regulated under ORS chapter 459 or 466.
Section 215.297 - Verifying continuity for approval of certain uses in exclusive farm use zones.
Section 215.298 - Mining in exclusive farm use zone; land use permit.
Section 215.299 - Policy on mining resource lands.
Section 215.301 - Blending materials for cement prohibited near vineyards; exception.
Section 215.304 - Rule adoption; limitations.
Section 215.306 - Conducting filming activities in exclusive farm use zones.
Section 215.312 - Public safety training facility.
Section 215.316 - Termination of adoption of marginal lands.
Section 215.317 - Permitted uses on marginal land.
Section 215.327 - Divisions of marginal land.
Section 215.401 - Preapplication process for land use approval of disposal site for composting.
Section 215.402 - Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780.
Section 215.412 - Adoption of hearing procedure and rules.
Section 215.417 - Time to act under certain approved permits; extension.
Section 215.418 - Approval of development on wetlands; notice.
Section 215.425 - Review of decision relating to aggregate resources.
Section 215.427 - Final action on permit or zone change application; refund of application fees.
Section 215.431 - Plan amendments; hearings by planning commission or hearings officer; exceptions.
Section 215.435 - Deadline for final action by county on remand of land use decision; exception.
Section 215.439 - Solar energy systems in residential or commercial zones.
Section 215.445 - Use of private property for mobile medical clinic.
Section 215.446 - Renewable energy facility; application; standards; notices.
Section 215.447 - Photovoltaic solar power generation facilities on high-value farmland.
Section 215.448 - Home occupations; parking; where allowed; conditions.
Section 215.449 - Farm brewery; conditions; permissible uses; reporting.
Section 215.451 - Cider business; conditions; permissible uses; reporting.
Section 215.452 - Winery; conditions; permissible uses.
Section 215.453 - Large winery; conditions; permissible uses.
Section 215.454 - Lawful continuation of certain winery-related uses or structures.
Section 215.456 - Siting winery as commercial activity in exclusive farm use zone.
Section 215.457 - Youth camps allowed in forest zones and mixed farm and forest zones.
Section 215.459 - Private campground in forest zones and mixed farm and forest zones; yurts; rules.
Section 215.461 - Guest ranch; conditions; permissible uses; reporting.
Section 215.462 - Limitations on guest ranch.
Section 215.495 - Accessory dwelling units in rural residential zones.
Section 215.513 - Forwarding of notice to property purchaser.
Section 215.606 - Standards for clustered mailboxes in county roads and rights-of-way.
Section 215.615 - Application and contents of housing ordinances.
Section 215.700 - Resource land dwelling policy.
Section 215.705 - Dwellings in farm or forest zone; criteria; transferability of application.
Section 215.710 - High-value farmland description for ORS 215.705.
Section 215.720 - Criteria for forestland dwelling under ORS 215.705.
Section 215.730 - Additional criteria for forestland dwelling under ORS 215.705.
Section 215.740 - Large tract forestland dwelling; criteria; rules.
Section 215.750 - Alternative forestland dwelling; criteria.
Section 215.755 - Other forestland dwellings; criteria.
Section 215.757 - Accessory dwellings supporting family forestry; conditions.
Section 215.760 - Agricultural buildings on land zoned for forest use or mixed farm and forest use.
Section 215.780 - Minimum lot or parcel sizes; land division to establish a dwelling; recordation.
Section 215.785 - Exception to minimum lot or parcel sizes.
Section 215.788 - Legislative review of lands zoned for farm and forest use; criteria.
Section 215.794 - Review of county rezoning designations; rules.
Section 215.799 - Location of dwellings on wildlife habitat land.