ORS 197.435: Definitions for ORS 197.435 to 197.467.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
As used in ORS 197.435 to 197.467: (1) “Developed recreational facilities” means improvements constructed for the purpose of recreation and may include but are not limited to golf courses, tennis courts, swimming pools, marinas, ski runs and bicycle paths. (2) “High value crop area” means an area in which there is a concentration of commercial farms capable of producing crops or products with a minimum gross value of $1,000 per acre per year. These crops and products include field crops, small fruits, berries, tree fruits, nuts or vegetables, dairying, livestock feedlots or Christmas trees as these terms are used in the 1983 County and State Agricultural Estimates prepared by the Oregon State University Extension Service. The “high value crop area” designation is used for the purpose of minimizing conflicting uses in resort siting and does not revise the requirements of an agricultural land goal or administrative rules interpreting the goal. (3) “Map of eligible lands” means a map of the county adopted pursuant to ORS 197.455. (4) “Open space” means any land that is retained in a substantially natural condition or is improved for recreational uses such as golf courses, hiking or nature trails or equestrian or bicycle paths or is specifically required to be protected by a conservation easement. Open spaces may include ponds, lands protected as important natural features, lands preserved for farm or forest use and lands used as buffers. Open space does not include residential lots or yards, streets or parking areas. (5) “Overnight lodgings” means: (a) With respect to lands not identified in paragraph (b) of this subsection, permanent, separately rentable accommodations that are not available for residential use, including hotel or motel rooms, cabins and time-share units. Individually owned units may be considered overnight lodgings if they are available for overnight rental use by the general public for at least 45 weeks per calendar year through a central reservation and check-in service. Tent sites, recreational vehicle parks, manufactured dwellings, dormitory rooms and similar accommodations do not qualify as overnight lodgings for the purpose of this definition. (b) With respect to lands in eastern Oregon, as defined in ORS 321.805, permanent, separately rentable accommodations that are not available for residential use, including hotel or motel rooms, cabins and time-share units. Individually owned units may be considered overnight lodgings if they are available for overnight rental use by the general public for at least 38 weeks per calendar year through a central reservation system operated by the destination resort or by a real estate property manager, as defined in ORS 696.010. Tent sites, recreational vehicle parks, manufactured dwellings, dormitory rooms and similar accommodations do not qualify as overnight lodgings for the purpose of this definition. (6) “Self-contained development” means a development for which community sewer and water facilities are provided on-site and are limited to meet the needs of the development or are provided by existing public sewer or water service as long as all costs related to service extension and any capacity increases are borne by the development. A “self-contained development” must have developed recreational facilities provided on-site. (7) “Tract” means a lot or parcel or more than one contiguous lot or parcel in a single ownership. A tract may include property that is not included in the proposed site for a destination resort if the property to be excluded is on the boundary of the tract and constitutes less than 30 percent of the total tract. (8) “Visitor-oriented accommodations” means overnight lodging, restaurants and meeting facilities that are designed to and provide for the needs of visitors rather than year-round residents. [1987 c.886 §3; 1989 c.648 §52; 1993 c.590 §1; 2003 c.812 §1; 2005 c.22 §140]
Administrative rules citing this section
- OAR 660-037-0010: Purpose Statement — implements
- OAR 660-037-0020: Policy — implements
- OAR 660-037-0030: Statement of Applicability — implements
- OAR 660-037-0040: Definitions — implements
- OAR 660-037-0050: Minimum Water-Dependent Shoreland Protection Acreage — implements
- OAR 660-037-0060: Designate Water-Dependent Shorelands — implements
- OAR 660-037-0070: Water-Dependent Shoreland Locational and Suitability Criteria — implements
- OAR 660-037-0080: Methods of Protection — implements
- OAR 660-037-0090: Rezoning of Qualifying Shorelands to Nonwater-Dependent Uses — implements
This rule cites
- ORS 197.435 — resolved
- 197.467 — resolved
- ORS 197.455 — resolved
- ORS 321.805 — resolved
- ORS 696.010 — resolved
Cited by
- ORS 30.947: Effect of siting of destination resorts or other nonfarm or nonforest uses.
- ORS 197.431: Expansion of speedway destination site.
- ORS 197.432: Definitions for ORS 197.431 to 197.434.
- ORS 197.445: Destination resort criteria; phase-in requirements; annual accounting.
- ORS 197.450: Siting without taking goal exception.
- ORS 197.455: Siting of destination resorts; sites from which destination resort excluded.
- ORS 197.462: Use of land excluded from destination resort.
- ORS 197.465: Comprehensive plan implementing measures.
- OAR 660-006-0025: Uses Authorized in Forest Zones
- OAR 660-022-0000: Purpose
- OAR 660-043-0100: Metolius Area of Critical State Concern
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors197.html