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ORS 836.616

Applied in 4 court decisions — leading case 190 Or. App. 120 - Landsem Farms, LP v. Marion County (2003)

Most recently applied in 318 Or. App. 617 - Schaefer v. Marion County (March 2022)

1997 c.859 §5 (enacted in lieu of 836.615)

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Following consultation with the Oregon Department of Aviation, the Land Conservation and Development Commission shall adopt rules for uses and activities allowed within the boundaries of airports identified in ORS 836.610 (1) and airports described in ORS 836.608 (2).

(2) Within airport boundaries established pursuant to commission rules, local government land use regulations shall authorize the following uses and activities:

(a) Customary and usual aviation-related activities including but not limited to takeoffs, landings, aircraft hangars, tie-downs, construction and maintenance of airport facilities, fixed-base operator facilities and other activities incidental to the normal operation of an airport;

(b) Emergency medical flight services;

(c) Law enforcement and firefighting activities;

(d) Flight instruction;

(e) Aircraft service, maintenance and training;

(f) Crop dusting and other agricultural activities;

(g) Air passenger and air freight services at levels consistent with the classification and needs identified in the State Aviation System Plan;

(h) Aircraft rental;

(i) Aircraft sales and sale of aviation equipment and supplies; and

(j) Aviation recreational and sporting activities.

(3) All land uses and activities permitted within airport boundaries, other than the uses and activities established under subsection (2) of this section, shall comply with applicable land use laws and regulations. A local government may authorize commercial, industrial and other uses in addition to those listed in subsection (2) of this section within an airport boundary where such uses are consistent with applicable provisions of the acknowledged comprehensive plan, statewide land use planning goals and commission rules and where the uses do not create a safety hazard or limit approved airport uses.

(4) The provisions of this section do not apply to airports with an existing or approved control tower on June 5, 1995.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.