OAR 660-011-0065: Water Service to Rural Lands

(1) As used in this rule, unless the context requires otherwise: (a) “Establishment” means the creation of a new water system and all associated physical components, including systems provided by public or private entities; (b) “Extension of a water system” means the extension of a pipe, conduit, pipeline, main, or other physical component from or to an existing water system in order to provide service to a use that was not served by the system on the applicable date of this rule, regardless of whether the use is inside the service boundaries of the public or private service provider. (c) “Water system” shall have the same meaning as provided in Goal 11, and includes all pipe, conduit, pipeline, mains, or other physical components of such a system. (2) Consistent with Goal 11, local land use regulations applicable to lands that are outside urban growth boundaries and unincorporated community boundaries shall not: (a) Allow an increase in a base density in a residential zone due to the availability of service from a water system; (b) Allow a higher density for residential development served by a water system than would be authorized without such service; or (c) Allow an increase in the allowable density of residential development due to the presence, establishment, or extension of a water system. (3) Applicable provisions of this rule, rather than conflicting provisions of local acknowledged zoning ordinances, shall immediately apply to local land use decisions filed subsequent to the effective date of this rule. [ED. NOTE: Goal referenced is available from the agency.]