Utility facilities necessary for public service
- criteria
- rules
- mitigating impact of facility
Source:
Section 215.275 — Utility facilities necessary for public service; criteria; rules; mitigating impact of facility, https://www.oregonlegislature.gov/bills_laws/ors/ors215.html
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Notes of Decisions
“Reasonable alternatives” to be considered in assessing necessity of utility facility are limited to reasonable site alternatives to exclusive farm use land. Sprint PCS v. Washington County, 186 Or App 470, 63 P3d 1261 (2003)
Consideration of reasonable site alternatives for utility facility may include consideration of different designs to adapt utility’s chosen methodology to land that is not zoned for exclusive farm use. Sprint PCS v. Washington County, 186 Or App 470, 63 P3d 1261 (2003)
“Reasonable” alternatives to exclusive farm use zone locations refers to alternatives that are fair, proper, just, moderate and suitable under circumstances, not merely alternatives that have some likelihood of success. Friends of Parrett Mountain v. Northwest Natural Gas Co., 336 Or 93, 79 P3d 869 (2003)
Evaluation of need to site facility within exclusive farm use zone may be based on zone as whole rather than on property-by-property analysis. Friends of Parrett Mountain v. Northwest Natural Gas Co., 336 Or 93, 79 P3d 869 (2003)
Road and highway rights-of-way within exclusive farm use zone are treated as exclusive farm use land for purposes of determining existence of alternative to siting facility within zone. Friends of Parrett Mountain v. Northwest Natural Gas Co., 336 Or 93, 79 P3d 869 (2003)
Law Review Citations
49 WLR 411 (2013)