OAR 660-014-0090: Establishment of Temporary Natural Disaster Related Sheltering on Undeveloped Rural Lands

(1) As used in this rule, “temporary natural disaster related sheltering” is limited to: (a) Providing short-term refuge and life-sustaining services for disaster survivors who have been displaced from their homes and are unable to meet their own immediate post-disaster housing needs and is accomplished through use of fabric structures, tents and similar accommodations. (b) Interim facilities that cover the gap between the natural hazard event and the return of disaster survivors to permanent housing provided through temporary modular structures, temporary manufactured housing or similar temporary accommodations for victims of the natural disaster. (c) Temporary natural disaster related sheltering established pursuant to this rule may include parking facilities, walkways and access to water, toilet, shower, laundry, cooking, telephone, or other services either through separate or shared facilities. (2) As used in this rule, "undeveloped rural land" has the meaning provided in OAR 660-014-0040(1). (3) A county may justify an exception to Goal 14 to allow establishment of temporary natural disaster related housing on undeveloped rural land. The reason justifying why the policies in Goals 3, 4, 11 and 14 should not apply is that lands and structures within the area specified in the application have received damage from a wildfire identified in an Executive Order issued by the Governor in accordance with the Emergency Conflagration Act, ORS 476.510 through 476.610. (4) To approve an exception under section (3) a county must also show: (a) That Goal 2, Part II (c)(1) is met because: (A) The applicant is a Tribe as defined in ORS 182.162(2) or a public agency, on behalf of the city, unincorporated community, rural residential exception area the temporary natural disaster related sheltering is primarily intended to assist. Any application made on behalf of a city must include a resolution of support adopted by that city’s elected leadership, or (B) The applicant is a Tribe as defined in ORS 182.162(2) on behalf of its residents for areas that are subject to county land use jurisdiction; and (C) The area specified in the application is within an area identified by an Executive Order issued by the Governor declaring an emergency for all or parts of Oregon pursuant to ORS 401.165, et seq. (b) That Goal 2, Part II (c)(2) is met because: (A) The city, unincorporated community, or rural residential exception area specified in the application has lost a significant amount of its housing inventory from a wildfire identified in an Executive Order issued by the Governor in accordance with ORS 476.510 through 476.610. For purposes of this paragraph, a significant loss of housing inventory means: (i) At least 15 percent in a city’s urban growth boundary, an unincorporated community boundary, or a city or census designated place located within the sovereign territory of a Tribe; or (ii) At least 60 percent on rural residential areas designated as exception lands or on lands within the sovereign territory of a Tribe but not located included in a city or census designated place. (B) An application made on behalf of a city demonstrates that the city considered lands within its urban growth boundary and provided an explanation for why such lands could not reasonably accommodate the temporary natural disaster related sheltering. (c) That Goal 2, Part II (c)(3) is met because the proposed location is: (A) Not included in a flood plain, flood way or other areas subject to natural hazards as inventoried in the county comprehensive plan or identified in applicable land use regulations. (B) Not included in wildlife habitat inventoried in the county comprehensive plan. (C) Not included on a property containing historical resources inventoried in the county comprehensive plan for purposes of protecting archaeological objects, archaeological sites, burials, funerary objects, human remains, objects of cultural patrimony and sacred objects. (D) Within the urban reserve area of the city specified in the application, or, if no urban reserve area has been established, within one mile of the applicable urban growth boundary. (E) Within two miles of the boundary of the unincorporated community specified in the application. (F) Within two miles of the rural residential exception area specified in the application. (G) Within two miles of the area within the sovereign territory of a Tribe specified in the application. (H) If areas described in paragraphs (D), (E), (E) or (G) of this subsection are not available because they are under federal ownership or because damage caused by a wildfire identified in an Executive Order issued by the Governor in accordance with ORS 476.510 through 476.610 makes them unsuitable for development, the county may establish a different distance that is no further than necessary to accommodate the use. (I)Within the same school district as the city, unincorporated community, or rural residential exception area specified in the application unless the county establishes a different distance under paragraph H) of this subsection, which necessarily makes such a location impossible. (d) That Goal 2, Part II (c)(4) is met because the county has coordinated with effected governments and imposes the following conditions: (A) Temporary natural disaster related sheltering is allowed for 36 months from the date of the Governor’s emergency declaration. The county may grant two additional 12-month extensions upon a demonstration by the applicant that the temporary natural disaster sheltering housing remains necessary because permanent housing units replacing those lost to the natural hazard event are not available in sufficient quantities. (B) The temporary natural disaster related sheltering, including any associated infrastructure, will be removed when it is no longer necessary. A plan for removing the temporary natural disaster related sheltering the end of the time-frame specified in paragraph (A) shall be included in the application materials and, upon meeting the county’s satisfaction, be attached to the decision as a condition of approval. A county may require that a removal plan developed pursuant to this paragraph include a specific financial agreement in the form of a performance bond, letter of credit or other assurance acceptable to the county that is furnished by the applicant in an amount necessary to ensure that there are adequate funds available for removal activities to be completed. (C) The project shall adhere to standards for the protection of archaeological objects, archaeological sites, burials, funerary objects, human remains, objects of cultural patrimony and sacred objects, as provided in ORS 97.740 to 97.750 and 358.905 to 358.961. (D) The property owner will sign and record in the deed records for the county a document binding the project owner and the project owner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices as defined in ORS 30.930(2) and (4). (5) A proposal that is found to satisfy the requirements of this rule for an exception to Goal 14 is also deemed to satisfy the requirements of OAR chapter 660, divisions 4 and 11 for exceptions to Goals 3, 4, and 11. (6) The use of the property for temporary natural disaster related sheltering shall not be a basis to justify a new exception pursuant to OAR chapter 660, divisions 4 or 14. (7) Approval of a reasons exception under this rule shall be documented in the comprehensive plan and include a specific explanation that the reasons exception does not apply for a total period of longer than five years pursuant to paragraph (4)(d)(A). (8) Approval of a reasons exception under this rule may not result in a change to the base zone of the subject property. The county must implement the exception by either: (a) Application of an overlay zone that applies in addition to the base zone of the subject property. The overlay zone shall: (A) Clearly specify what uses may occur under the exception, and (B) Not apply for a total period longer than five years pursuant to paragraph (4)(d)(A); or (b) Application of comprehensive plan implementation measures consistent with Goal 2. The comprehensive plan provisions shall: (A) Identify the property subject to the exception, (B) Clearly specify what uses may occur under the exception, and (C) Not apply for a total period longer than five years pursuant to paragraph (4)(d)(A). (9) Reasons exceptions adopted under this rule qualify for the exemption to notice of a proposed change to a comprehensive plan or land use regulation identified at OAR 660-018-0022(2). (10) A reasons exception taken under this rule for lands planned and zoned for resource use under Goals 3 or 4, or both does not elevate the priority of such lands for inclusion in an urban growth boundary for purposes of ORS 197A.320(2)(c)(A) or ORS 197.298.