(2) The commission may by rule withdraw from enforcement any or all of its rules or standards adopted pursuant to this chapter within the boundaries of any city or county, if the commission finds such city or county:
(a) Has adopted noise standards that are at least as stringent as and no less protective than those standards adopted by the state; and
(b) Has a program of active enforcement of such standards which, in the commission’s view, is at least as protective of the public health, safety and welfare as would be the enforcement provided by the department.
(3) The commission may modify or repeal such a rule as is made in accordance with subsection (2) of this section with regard to any particular city or county if it finds material change in any of the circumstances relied upon by the commission in making such rule. Such rulemaking shall be in conformance with the provisions of ORS chapter 183.
(4) Nothing in this section is intended to preclude contractual arrangements between a city or county and a state agency for services provided for the enforcement of state or local noise emission control standards. [1977 c.511 §4]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Section 467.030 - Adoption of noise control rules, levels and standards.
Section 467.035 - Determination of exempt noise emission sources; rules.
Section 467.060 - Variances; issuance, revocation or modification; grounds; rules.
Section 467.100 - Local regulation of noise sources; exemption from state enforcement; rules.
Section 467.120 - Agricultural and forestry operations; mining or rock processing.
Section 467.133 - Exemption from action for nuisance on basis of noise caused by shooting range.
Section 467.136 - Preemption of certain local regulation of shooting range.
Section 467.138 - Limitation on law enforcement training exemption for shooting range.