Chapter 18.148
RESOURCE USE PROTECTION
Sections:
18.148.040 Protecting resource uses outside UGB.
18.148.050 Protecting resource uses within UGB.
18.148.060 Change in urban growth boundary.
18.148.070 Land use decisions.
18.148.080 Complaints by nonresource users.
18.148.010 Short title.
This chapter may be cited as the Crook County resource use protection ordinance. (Ord. 76 § 1, 1993)
18.148.020 Purpose.
(1) It is the purpose of this chapter to protect resource-based economically productive activities of Crook County in order to assure the continued health, safety and prosperity of its residents. Resource uses sometimes offend, annoy, interfere with or otherwise affect others located on or near resource lands. Crook County has concluded that persons located on or near resource lands must accept resource uses and management practices.
(2) This chapter is intended to limit the availability of remedies based on nuisance or trespass, complaint procedures, rights of action and claims for relief over which Crook County has jurisdiction, when they otherwise would either have an adverse impact on resource uses which Crook County seeks to protect, or would impair full use of the resource base within Crook County. (Ord. 76 § 2, 1993)
18.148.030 Definitions.
As used in this chapter:
(1) “Facility” means any real or personal property, including appurtenances thereto and fixtures thereon, associated with a given use.
(2) “Farming practice” means the cultivation, growing, harvesting, processing or selling of plants or animals of any kind, which lawfully may be grown, processed and sold, including, but not limited to, fish, livestock, poultry, grapes, Christmas trees and nursery stock.
(3) “Forest practice” has the meaning given that term by ORS 527.620.
(4) “Nonresource use” means any facility, activity or other use of land which does not constitute a resource use, including but not limited to residential use, and also including any aggregate mining use which is not conducted in accordance with a program complying with Goal 5.
(5) “Resource use” means any current or future generally accepted aggregate mining, farming, ranching or forest practice or facility conducted in compliance with applicable Crook County ordinances.
(6) “Generally accepted” means either:
(a) A practice or facility which is conducted or used in compliance with applicable federal and state laws and county ordinances; or
(b) If there is no applicable federal or state law, a practice or facility which an average person in Crook County who is regularly involved in the same type of resource use would reasonably expect to occur or exist in a truly rural setting. The Crook County court may, as it deems necessary, establish resource user peer review boards consisting of five persons each, three of whom regularly are involved in a resource use within the county, to advise the board as to generally accepted practices or facilities with respect to that resource use.
(7) “Resource use” does not include:
(a) The willful growing of unlawful, infested, infected or diseased plants or animals.
(b) Trespass which involves actual physical intrusion onto the property of another by a person or by a person’s animals. (Ord. 76 § 3, 1993)
18.148.040 Protecting resource uses outside UGB.
(1) No resource use occurring outside an urban growth boundary (UGB) shall be declared to be a public or private nuisance or trespass, or support any complaint procedure, or give rise to a claim for relief in favor of, or to protect the interests of, nonresource uses or any persons or property associated therewith, to the extent that such right, proceeding or claim would arise under an ordinance of the inherent authority of Crook County.
(2) This section applies regardless of:
(a) The location of the purportedly affected nonresource use.
(b) Whether the nonresource use purportedly affected existed before or after the occurrence of the resource use.
(c) Whether the resource use or nonresource use has undergone any change or interruption.
(d) Whether the resource use or nonresource use is located inside or outside an area designated as low value resource lands. (Ord. 76 § 4, 1993)
18.148.050 Protecting resource uses within UGB.
(1) No resource use occurring within an urban growth boundary (UGB) shall be declared to be a public or private nuisance or trespass, or support any complaint procedure, or give rise to a claim for relief in favor of, or to protect the interests of, nonresource uses or any persons or property associated therewith, to the extent that such right, proceeding or claim would arise under an ordinance or the inherent authority of Crook County.
(2) This section applies:
(a) Regardless of the location of the purportedly affected nonresource use.
(b) Only if the resource use predated the purportedly affected nonresource use.
(c) Only if the resource use has not significantly increased in size or intensity after:
(i) The effective date of the ordinance codified in this chapter; or
(ii) The date on which the applicable urban growth boundary is changed to include the subject resource use within its limits, whichever date is later. However, if the change is mandated by law, this section shall apply. (Ord. 76 § 5, 1993)
18.148.060 Change in urban growth boundary.
To the extent permissible under state law, if an urban growth boundary (UGB) is changed in such a way as to place a resource use either inside or outside such boundary, CCC 18.148.040 applies with respect to any conflict between a resource use and nonresource use. (Ord. 76 § 6, 1993)
18.148.070 Land use decisions.
The fact that Crook County’s comprehensive plan, zoning ordinances and land use decisions may allow the siting, development or support of any particular use does not negate the provisions of this chapter intended to protect a resource use. (Ord. 76 § 7, 1993)
18.148.080 Complaints by nonresource users.
Any persons engaged in a nonresource use are deemed on notice that Crook County will not act on complaints involving a resource use protected under this chapter, wherever located, so long as such resource use complies with applicable provisions of federal and state laws and this chapter. (Ord. 76 § 8, 1993)