Energy facilities, including hydro-electric facilities, transmission facilities, wind facilities, biomass facilities, and geothermal facilities, where permitted as a special use, shall meet the following additional use and development standards where they are referred to in the specific facility standards for the particular type of energy facility in this section: (5/98)

A.

Location limitation. An energy facility shall not be located in the areas listed in 1 through 3, unless a facility complies with 4. (5/98)

1.

National wildlife refuges, BLM outstanding natural areas, BLM areas of critical environmental concern, federal research natural areas, U.S. Forest Service Special Interest Areas, wilderness areas under the Federal Wilderness Act and areas recommended for designation as wilderness areas pursuant to section 603 of the Federal Land Policy Management Act of 1976, federally designated wild and scenic rivers or any rivers recommended for designation by the National Park Service. (5/98)

2.

State of Oregon parks, waysides, refuges, wildlife management areas, and natural area preserves, scenic waterways and adjacent lands designated pursuant to ORS 390.845, wild fish streams designated by the Oregon Department of Fish and Wildlife, and experimental areas established by the Rangeland Resources Program, School of Agriculture, OSU. (5/98)

3.

Energy facilities shall not be located in areas designated as slide hazard areas and, except for hydroelectric facilities, in areas designated as floodplain. (5/98)

4.

An energy facility may be permitted as a conditional use in an area listed in 1 and 2 if: (5/98)

a.

It is compatible with adjacent uses and resources. (5/98)

b.

It is accessory to a permitted use. (5/98)

c.

The application is authorized or the use is approved by the public agency responsible for designation or management of the protected area in which an energy facility is proposed. (5/98)

d.

An applicant provides resources equal or better in quantity and quality to those adversely affected by a facility. (5/98)

A.

Location requirements. The facility shall be built in an existing public road or utility right-of-way and: (5/98)

1.

Shall not increase the average width of the clearing for the existing cleared right-of-way by more than 50 percent nor result in clearing of a right-of-way with an average width of more than 125 feet, whichever is less; and

2.

Will not increase the extent to which the right-of-way is in an area identified in 2.425.01.1 through 3, except as permitted in 2.425.01, 4. (5/98)

A.

Height. The WECS or wind measurement device shall be not more than 200 feet in height. (5/98)

B.

Number. No more than two WECS shall be located on the same lot. (5/98)

C.

Setbacks. The WECS shall be set back from lot lines five rotor diameters (horizontal axis) or the total WECS height (vertical axis), whichever is greater, or the applicant shall obtain easements on adjacent properties that comply with ORS 105.900 to 105.915 for the positive area of the setback area located on adjacent properties. (5/98)

D.

Setback restrictions. The WECS or wind measurement device (including guy wires) shall not encroach into required setbacks for primary structures in the zone or be closer than 12 feet to any major structure or right-of-way for primary aboveground telephone or electrical transmission and distribution lines. (5/98)

E.

Access restrictions. Public access to a WECS shall be restricted by one or more of the following methods, provided that vertical access WECS shall comply with (3): (5/98)

1.

Removal of tower-climbing fixtures to 12 feet from the grade; or

2.

Installation of a landscaping, anti-climb device on the tower; or

3.

Installation of a minimum eight-foot-high security fence. (5/98)

A.

Accessory use. The biomass facility shall be accessory to an industrial or farm use that provides at least 50 percent of the biomass fuels. (5/98)

B.

Fuel limitation. The biomass facility shall not use municipal solid waste as a fuel. (5/98)

C.

Combustion limitation. If the biomass facility involves direct combustion, it shall be located: (5/98)

1.

At least five miles from land with an elevation higher than the elevation at which the facility discharges airborne wastes; and

2.

At least five miles from a Class I prevention of significant deterioration area. (5/98)

A.

Prospect well. The geothermal facility shall be a prospect well, a producing geothermal well providing energy through off-site transmission pipes to off-site development. (5/98)

B.

Waste discharge. Waste facilities shall be discharged or collected so they do not enter lakes and Class I or II streams untreated (as classified by the state department of water resources). (5/98)

C.

Outdoor storage. Any structure and outdoor storage areas for the facility shall be at least 100 feet from adjacent property. (5/98)

D.

Access restrictions. Public access to the facility site shall be restricted by providing protective fencing around well sites and temporary fencing of pits, sumps, and recently vegetated areas. (5/98)

E.

Transmission facilities. Off-site transmission pipes shall be placed underground within a surveyed right-of-way. (5/98)