Aggregate in the form of sand, gravel and crushed rock, is used to construct roads, foundations, buildings and many other structures. The materials for aggregate come from quarries on private and public land. There are criteria for issuing local land use permits for aggregate sites.
Aggregate and Goal 5
Aggregate is one of several natural resources addressed under
Statewide Planning Goal 5, and more specifically in
OAR 660-023-0180. This rule specifies a review and permitting process for cities and counties to follow. It describes standards and procedures to:
- Identify significant resource sites,
- Implement a decision to allow mining, and
- Mitigate impacts from mining operations on existing uses in the vicinity of the mine.
The rule allows for protection of large, significant aggregate sites. Protection means that the local comprehensive plan and code supports long-term mining operations on the site. Protection is achieved by placing conditions on new residential and business development that occurs near the aggregate mining operation. The conditions specify that new businesses and residences accept the mining activities authorized by the local government.
Local Review of an Aggregate Mining Application
OAR 660-23-0180 lays out a process for local review of an application for a new or expanding aggregate mine. The rule is concerned with the protection of large significant aggregate sites and ensuring compliance with state statute. ORS 215.298(2)(b) states that local permits for aggregate mining can only be issued for sites on a county’s inventory of aggregate sites. Some counties have incorporated these process steps and standards into their local comprehensive plans and zoning codes. Other counties apply the rule directly through the application review process. Some counties are allowed to use local review criteria that were adopted before the current rule came into effect. To find out which process your county uses, contact your county planning department.
- OAR 660-023-0180(3) lists the criteria for a large significant aggregate resource site based on the quantity and quality of rock at a site.
- OAR 660-023-0180(4) explains the criteria for small sites to be considered significant in an EFU zone. Establishing significance under
- OAR 660-023-0180(5) Sets review criteria for allowing mining on a large significant site.
- OAR 660-023-0180(6) explains that mining activity on a small significant site can be allowed under a conditional use permit.
- OAR 660-023-0180(8) lists criteria for an application to be adequate for determining a large site’s significance.
Large Significant Sites
Review process to allow mining
The potential impacts of mining activities include excavation, processing, and hauling. Impacts on existing uses and uses authorized by an existing permit must be identified. The rule limits the evaluation of impacts to:
- Noise sensitive uses,
- Local roads,
- Other Goal 5 resource sites, and
- Agricultural practices.
Noise sensitive uses include residences, churches and schools. The rule sets a default impact area for this analysis of 1,500 feet from the proposed mine boundary The impact area can be extended if factual information indicates the potential for impacts further from the mine.
Measures to minimize conflicts are identified. Noise barriers, dust suppression, and traffic management practices are examples of measures used to minimize potential impacts.
Aggregate mining must be allowed when conflicts can be minimized. Standard practices for dust suppression, noise dampening, and traffic management are generally adequate to minimize the most common impacts of aggregate mining. Potential impacts to groundwater and surface water are addressed through state laws and permitting requirements administered by the Oregon Department of Environmental Quality (DEQ) and Oregon Department of Geology and Mineral Industries (DOGAMI).
When identified impacts on existing and permitted uses cannot be minimized, local governments must analyze the consequences of allowing, not allowing, or limiting mining. This analysis is called an ESEE analysis, because it must consider the economic, social, environmental and energy consequences of the decision. A decision to fully allow, partially allow, or deny a proposed aggregate quarry must be supported by the ESEE analysis. Measures to minimize impacts or limit impacts will be enforced as conditions placed on the mining operation. Conditions must be described with clear and objective standards.
Review process to protect mining on a large significant site
A separate ESEE analysis is needed to determine protection. This analysis looks at how new development might conflict with the approved mining operation. The ESEE analysis is limited to the impact area of the identified for the mine. Based on the ESEE analysis, a county will decide whether to allow, limit, or prohibit conflicting uses that are otherwise allowed by the zoning code. A county may find that limiting new uses is the best policy decision. The limit is generally implemented via a requirement that applicants for new development permits in the impact area agree to not file complaints for impacts that result from the allowed mining activity.
Amending the local comprehensive plan
When a local government approves and protects a mining operation on a large significant site, The decision must be reflected in the comprehensive plan.
Small Sites on Farmland
The rule allows small aggregate sites to be placed on the inventory of significant sites by simply limiting the amount of aggregate that can be mined. Local governments can allow mining on small significant sites in EFU zones with a conditional use permit. Small sites cannot be protected by placing limits on new uses in proximity to the mine.
The Role of Other State Agencies
Four state agencies regulate the development and operation of aggregate mining and processing projects in Oregon. The role that each plays depends on the scale, design, and associated impacts. The primary agencies and their specialty areas are: