ORS 634.212: Formation of protected areas; petition; filing fee; guidelines for determinations by director.

(1) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within the territory proposed to be a protected area, the State Department of Agriculture may establish a protected area, in accordance with the provisions of ORS 561.510 to 561.590 governing the procedures for the declaration of quarantines. (2) The petition, referred to in subsection (1) of this section, shall include the following: (a) The proposed name of the protected area. (b) The description, including proposed boundaries, of the territory proposed to be a protected area. (c) A concise statement of the need for the establishment of the protected area proposed. (d) A concise statement of the pesticides and the times, methods or rates of pesticide applications to be restricted or prohibited and the extent such are to be restricted or prohibited. (e) A request that a public hearing be held by the department. (f) The name of the person authorized to act as attorney in fact for the petitioners in all matters relating to the establishment of a proposed protected area. (g) A concise statement of any desired limitations of the powers and duties of the governing body of the proposed protected area. (3) If more than one petition, referred to in subsection (1) of this section, is received by the department describing parts of the same territory, the department may consolidate all or any of such petitions. (4) Each petition, described in subsection (1) of this section, shall be accompanied by a filing fee of $125. Upon receipt of such petition and payment of such fee, the department shall prepare and submit to the petitioners an estimated budget of the costs of establishing such proposed protected area, including cost of preparation of the estimated budget, of the hearing and of the preparation of required documents. Within 15 days of the receipt of the estimated budget, the petitioners shall remit to the department the difference between the filing fee and total estimated budget. If the petitioners fail to remit such difference, the department shall retain the filing fee and terminate the procedure for establishment of a proposed protected area. If, upon completion of the procedure for establishment of a proposed protected area, there remains an unexpended and unencumbered balance of funds received by the department under this section, such balance shall be refunded to the petitioners through their designated attorney in fact. (5) When determining whether to amend or revoke a rule or order declaring a protected area, the Director of Agriculture shall consider, among other factors, the following: (a) The agricultural and horticultural crops, wildlife or forest industries to be affected and their locations. (b) The topography and climate, including temperature, humidity and prevailing winds, of the territory in which the proposed protected area is situated. (c) The characteristics and properties of pesticides used or applied and proposed to be restricted or prohibited. [1973 c.341 §25; 1999 c.59 §185; 2005 c.22 §446; 2007 c.71 §197; 2009 c.98 §27]