1. (1) To issue a site certificate, the Council must find that the design, construction and operation of the facility, taking into account mitigation, are not likely to result in significant adverse visual impacts to significant or important scenic resources.
2. (2) The Council may issue a site certificate for a special criteria facility under OAR 345-015-0310 without making the findings described in section (1). In issuing such a site certificate, the Council may impose conditions of approval to minimize the potential significant adverse visual impacts from the design, construction, and operation of the facility on significant or important scenic resources.
3. (3) A scenic resource is considered to be significant or important if it is identified as significant or important in a current land use management plan adopted by one or more local, tribal, state, regional, or federal government or agency.

4. (4) To assist the Council in determining whether the standard outlined in (1) through (3) has been met, the Applicant must submit an analysis of potential visual impacts of the proposed facility, if any, on significant or important scenic resources within the analysis area, providing evidence to support a finding by the Council under OAR 345-022-0080, including:

   1. (a) An inventory of scenic resources identified as significant or important in a land use management plan adopted by one or more local, tribal, state, regional, or federal government or agency applicable to lands within the analysis area for scenic resources. The applicant must provide a list of the land management plans reviewed in developing the inventory and a copy of the relevant portion of the plans;
   2. (b) A map or maps showing the location of the scenic resources described under subsection (a), in relation to the site of the proposed facility;
   3. (c) A description of the methodology the applicant used to identify and assess potential visual impacts to the scenic resources identified in subsection (a);

   4. (d) Identification of potential visual impacts to the scenic resources identified in subsection (a), including, but not limited to:

      1. (A) Loss of vegetation or alteration of the landscape as a result of construction or operation;
      2. (B) Visual impacts of facility structures or plumes, including but not limited to, changes in landscape character or quality; and
      3. (C) Loss of visibility due to air emissions or other pollution resulting from the construction or operation of the proposed facility;
   5. (e) An assessment of the significance of the visual impacts described under subsection (d);
   6. (f) A description of the measures the applicant proposes to avoid, reduce or otherwise mitigate any potential significant adverse visual impacts; and
   7. (g) The applicant’s proposed monitoring program, if any, for impacts to scenic resources.

Statutory/Other Authority

ORS 469.470 & 469.501

Statutes/Other Implemented

ORS 469.501

History

EFSC 4-2026, amend filed 04/23/2026, effective 04/23/2026
EFSC 2-2025, amend filed 04/02/2025, effective 04/02/2025
EFSC 5-2022, amend filed 12/19/2022, effective 12/19/2022
EFSC 1-2007, f. & cert. ef. 5-15-07
EFSC 1-2002, f. & cert. ef. 4-3-02
EFSC 2-1999, f. & cert. ef. 4-14-99
EFSC 5-1994, f. & cert. ef. 11-30-94
EFCS 2-1994, f. & cert. ef. 5-6-94
EFCS 1-1994, f. & cert. ef. 1-28-94
EFCS 5-1993(Temp), f. & cert. ef. 8-16-93
EFSC 1-1993, f. & cert. ef. 1-15-93, Renumbered from 345-079-0065
EFSC 7-1986, f. & ef. 9-18-86
EFSC 4-1986, f. & ef. 9-5-86