1. (1) To issue a site certificate, the Council must find that the design, construction, and operation of a facility, taking into account mitigation, are not likely to result in a significant adverse impact to important recreational opportunities.

2. (2) The Council must consider the following factors in judging the importance of a recreational opportunity:

   1. (a) Any special designation or management of the location;
   2. (b) The degree of demand;
   3. (c) Any outstanding or unusual qualities;
   4. (d) The availability or rareness; and
   5. (e) The irreplaceability or irretrievability of the opportunity.
3. (3) 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 impacts from the design, construction, and operation of the facility on important recreational opportunities.

4. (4) To assist the Council in determining whether the standard outlined in (1) through (3) has been met, the Applicant must submit information about the impacts the proposed facility would have on important recreational opportunities in the analysis area, providing evidence to support a finding by the Council as required by OAR 345-022-0100, including:

   1. (a) A description of the recreational opportunities in the analysis area that includes information on the factors listed in OAR 345-022-0100(2) as a basis for identifying important recreational opportunities;

   2. (b) A description of any potential adverse impacts to the important opportunities identified in subsection (a) including, but not limited to:

      1. (A) Direct or indirect loss of a recreational opportunity as a result of facility construction or operation;
      2. (B) Noise resulting from facility construction or operation;
      3. (C) Increased traffic resulting from facility construction or operation; and
      4. (D) Visual impacts of facility structures or plumes, including but not limited to, changes in landscape character or quality.
   3. (c) An evaluation of the significance of the potential adverse impacts identified under subsection (b);
   4. (d) A description of any measures the applicant proposes to avoid, reduce or otherwise mitigate any significant adverse impacts identified in subsection (b);
   5. (e) A map of the analysis area showing the locations of important recreational opportunities identified in subsection (a); and
   6. (f) The applicant’s proposed monitoring program, if any, for impacts to important recreational opportunities.

Statutory/Other Authority

ORS 469.470 & ORS 469.501

Statutes/Other Implemented

ORS 469.501

History

EFSC 5-2026, minor correction filed 05/15/2026, effective 05/15/2026
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 1-2002, 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