836.610 Local
government land use plans and regulations to accommodate airport zones and
uses; funding; rules.
(1) Local governments shall amend their comprehensive plan and land use
regulations consistent with the rules for airports adopted by the Land
Conservation and Development Commission under ORS 836.616 and 836.619. Airports
subject to the rules shall include:
(a) Publicly
owned airports registered, licensed or otherwise recognized by the Department
of Transportation on or before December 31, 1994, that in 1994 were the base
for three or more aircraft; and
(b) Privately
owned public-use airports specifically identified in administrative rules of
the Oregon Department of Aviation that:
(A) Provide
important links in air traffic in this state;
(B) Provide
essential safety or emergency services; or
(C) Are of
economic importance to the county where the airport is located.
(2)(a) Local
governments shall amend their comprehensive plan and land use regulations as
required under subsection (1) of this section not later than the first periodic
review, as described in ORS 197.628 to 197.651, conducted after the date of the
adoption of a list of airports by the Oregon Department of Aviation under
subsection (3) of this section.
(b) A state
agency or other person may provide funding to a local government to accomplish
the planning requirements of this section earlier than otherwise required under
this subsection.
(3) The Oregon
Department of Aviation by rule shall adopt a list of airports described in
subsection (1) of this section. The rules shall be reviewed and updated
periodically to add or remove airports from the list. An airport may be removed
from the list only upon request of the airport owner or upon closure of the
airport for a period of more than three years. [1995 c.285 §4; 1997 c.859 §2]
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2003–2022 · leading case:
Schaefer v. Marion Cnty., 509 P.3d 718 (Or. Ct. App. 2022).
Schaefer v. Marion Cnty., 509 P.3d 718 (Or. Ct. App. 2022).
· cites it 3× “Among other things, the 1997 bill specified that LCDC “shall adopt rules for uses and activities allowed within the boundaries of airports identi- fied in ORS 836.610(1).”6 Or Laws 1997, ch 859, § 5.”
Schaefer v. Oregon Aviation Bd., 495 P.3d 1267 (Or. Ct. App. 2021).
“642 implies that the Aurora State Airport is a “rural airport,” a defined term referring to an airport that “principally serves a city or metropolitan statistical area with a population of 500,000 or fewer.”
Landsem Farms, LP v. Marion Cnty., 78 P.3d 103 (Or. Ct. App. 2003).
“608(2) and ORS 836.610(1). ORS 836.616(2) lists uses that local government land use regulations “shall authorize” within airport boundaries.”
— Or. Rev. Stat. § 836.610(1) — 3 cases
Schaefer v. Marion Cnty., 509 P.3d 718 (Or. Ct. App. 2022).
“Among other things, the 1997 bill specified that LCDC “shall adopt rules for uses and activities allowed within the boundaries of airports identi- fied in ORS 836.610(1).”6 Or Laws 1997, ch 859, § 5.”
Schaefer v. Oregon Aviation Bd., 495 P.3d 1267 (Or. Ct. App. 2021).
“642 implies that the Aurora State Airport is a “rural airport,” a defined term referring to an airport that “principally serves a city or metropolitan statistical area with a population of 500,000 or fewer.”
Landsem Farms, LP v. Marion Cnty., 78 P.3d 103 (Or. Ct. App. 2003).
“608(2) and ORS 836.610(1). ORS 836.616(2) lists uses that local government land use regulations “shall authorize” within airport boundaries.”
— Or. Rev. Stat. § 836.610(1)(a) — 1 case
Schaefer v. Marion Cnty., 509 P.3d 718 (Or. Ct. App. 2022).
“Among other things, the 1997 bill specified that LCDC “shall adopt rules for uses and activities allowed within the boundaries of airports identi- fied in ORS 836.610(1).”6 Or Laws 1997, ch 859, § 5.”
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