2007 Oregon Code - Chapter 467 :: Chapter 467 - Noise Control
Chapter 467 —
Noise Control
2007 EDITION
NOISE CONTROL
PUBLIC HEALTH AND SAFETY
467.010Â Â Â Â Legislative
findings and policy
467.020Â Â Â Â Prohibition
on emission of noise in excess of prescribed levels
467.030Â Â Â Â Adoption
of noise control rules, levels and standards
467.035Â Â Â Â Determination
of exempt noise emission sources; rules
467.040Â Â Â Â Powers
of Environmental Quality Commission; rules
467.050Â Â Â Â Enforcement
powers
467.060Â Â Â Â Variances;
issuance, revocation or modification; grounds; rules
467.100Â Â Â Â Local
regulation of noise sources; exemption from state enforcement; rules
467.120Â Â Â Â Agricultural
and forestry operations; mining or rock processing
467.131Â Â Â Â Exemption
from civil or criminal liability based on noise or noise pollution from
shooting range
467.133Â Â Â Â Exemption
from action for nuisance on basis of noise caused by shooting range
467.136Â Â Â Â Preemption
of certain local regulation of shooting range
467.138Â Â Â Â Limitation
on law enforcement training exemption for shooting range
467.990Â Â Â Â Penalties
     467.010
Legislative findings and policy. The Legislative Assembly finds that the increasing incidence of noise
emissions in this state at unreasonable levels is as much a threat to the
environmental quality of life in this state and the health, safety and welfare
of the people of this state as is pollution of the air and waters of this
state. To provide protection of the health, safety and welfare of
     467.020
Prohibition on emission of noise in excess of prescribed levels. Except as provided in ORS 467.131 and
467.133, no person may emit, cause the emission of, or permit the emission of
noise in excess of the levels fixed therefor by the Environmental Quality
Commission pursuant to ORS 467.030. [1971 c.452 §3; 1995 s.s. c.3 §40c; 1996
c.8 §2]
     467.030
Adoption of noise control rules, levels and standards. (1) In accordance with the applicable
provisions of ORS chapter 183, the Environmental Quality Commission shall adopt
rules relating to the control of levels of noise emitted into the environment
of this state and including the following:
     (a) Categories of noise emission sources,
including the categories of motor vehicles and aircraft.
     (b) Requirements and specifications for
equipment to be used in the monitoring of noise emissions.
     (c) Procedures for the collection,
reporting, interpretations and use of data obtained from noise monitoring
activities.
     (2) The Environmental Quality Commission
shall investigate and, after appropriate public notice and hearing, shall
establish maximum permissible levels of noise emission for each category
established, as well as the method of measurement of the levels of noise
emission.
     (3) The Environmental Quality Commission
shall adopt, after appropriate public notice and hearing, standards for the
control of noise emissions which shall be enforceable by order of the
commission.
     (4) In adopting noise control rules,
levels and standards under this section, the Environmental Quality Commission
shall not adopt any rule that would impose liability for any activity for which
immunity from civil and criminal liability is granted or for which an action
for nuisance is prohibited under ORS 467.131 and 467.133. [1971 c.452 §2; 1973
c.107 §1; 1973 c.835 §159; 1995 s.s. c.3 §40d; 1996 c.8 §4]
     467.035
Determination of exempt noise emission sources; rules. (1) In addition to the powers of the
Environmental Quality Commission described in ORS 467.060, the commission by
rule may exempt a class of activity within a category of noise emission sources
from the application of a rule establishing maximum permissible levels of noise
emission for that category of noise emission sources.
     (2) In determining whether to grant an
exemption pursuant to subsection (1) of this section, the commission shall
consider:
     (a) Protection of the health, safety and
welfare of the citizens of this state;
     (b) Feasibility and cost of noise
abatement; and
     (c) Past, present and projected patterns
of land use and such state and local laws and regulations as are applicable
thereto. [1977 c.511 §3]
     467.040
Powers of Environmental Quality Commission; rules. The Environmental Quality Commission has the
power to investigate complaints regarding excessive noise emission, to hold
hearings, to issue orders, to make rules, to impose sanctions, and to do any
other thing necessary to carry out the policies of this state as set forth in
this chapter. [1971 c.452 §4]
     467.050
Enforcement powers. The
Environmental Quality Commission shall have the further power to enforce
compliance with or restrain violation of this chapter or rules or orders made
thereunder in the same manner provided for enforcement proceedings under ORS
chapters 468, 468A and 468B. [1971 c.452 §5; 1973 c.826 §5; 1973 c.835 §160;
1974 c.36 §16]
     467.060
Variances; issuance, revocation or modification; grounds; rules. (1) The Environmental Quality Commission by
order may grant specific variances from the particular requirements of any rule
or standard to such specific persons or class of persons or such specific noise
emission source, upon such conditions as it may consider necessary to protect
the public health, safety and welfare. The specific variance may be limited in
duration. The commission shall grant a specific variance only if it finds that
strict compliance with the rule or standard is inappropriate because:
     (a) Conditions exist that are beyond the
control of the persons applying for the variance;
     (b) Special circumstances render strict
compliance unreasonable, unduly burdensome or impractical due to special
physical conditions or cause;
     (c) Strict compliance would result in
substantial curtailment or closing down of a business, plant or operation; or
     (d) No other alternative facility or
method of operating is yet available.
     (2) The commission by rule may delegate to
the Department of Environmental Quality, on such conditions as the commission
may find appropriate, the power to grant variances and to make the finding
required by subsection (1) of this section to justify any such variance.
     (3) In determining whether or not a
variance shall be granted, the commission or the department shall consider the
equities involved and the advantages and disadvantages to residents and to the
person conducting the activity for which the variance is sought.
     (4) A variance may be revoked or modified
by the commission. The commission may revoke or modify a variance if it finds:
     (a) Violation of one or more conditions of
the variance;
     (b) Material misrepresentation of fact in
the variance application or other representations of the variance holder;
     (c) Material change in any of the
circumstances relied upon by the commission or department in granting the
variance; or
     (d) A material change or absence of any of
the circumstances set forth in subsection (1)(a) to (d) of this section.
     (5) The procedure for denial, modification,
or revocation of a variance shall be the procedure for a contested case as
provided in ORS chapter 183. [1977 c.511 §2]
     467.100
Local regulation of noise sources; exemption from state enforcement; rules. (1) Pursuant to this chapter, in order to
protect the health, safety and welfare of its citizens, a city or county may
adopt and enforce noise ordinances or noise standards otherwise permitted by
law. A city or county may also adopt such standards for a class of activity
exempted by the commission or noise emission sources not regulated by the
commission.
     (2) The commission may by rule withdraw
from enforcement any or all of its rules or standards adopted pursuant to this
chapter within the boundaries of any city or county, if the commission finds
such city or county:
     (a) Has adopted noise standards that are
at least as stringent as and no less protective than those standards adopted by
the state; and
     (b) Has a program of active enforcement of
such standards which, in the commissionÂ’s view, is at least as protective of
the public health, safety and welfare as would be the enforcement provided by
the department.
     (3) The commission may modify or repeal
such a rule as is made in accordance with subsection (2) of this section with
regard to any particular city or county if it finds material change in any of
the circumstances relied upon by the commission in making such rule. Such
rulemaking shall be in conformance with the provisions of ORS chapter 183.
     (4) Nothing in this section is intended to
preclude contractual arrangements between a city or county and a state agency
for services provided for the enforcement of state or local noise emission
control standards. [1977 c.511 §4]
     467.120
Agricultural and forestry operations; mining or rock processing. (1) Except as provided in subsection (3) of
this section, agricultural operations and forestry operations are exempt from
the provisions of this chapter.
     (2) As used in this section:
     (a) “Agricultural operations” means the
current employment of land and buildings on a farm for the purpose of obtaining
a profit in money by raising, harvesting and selling crops or by the feeding,
breeding, management and sale of, or the produce of, livestock, poultry,
fur-bearing animals, vermiculture products or honeybees or for dairying and the
sale of dairy products or any other agricultural or horticultural operations or
any combination thereof including the propagation and raising of nursery stock
and the preparation and storage of the products raised for human use and animal
use and disposal by marketing or otherwise by a farmer on such farm.
     (b) “Forestry operations” means an
activity related to the growing or harvesting of forest tree species on
forestland as defined in ORS 526.324 (1).
     (3) The following operations are not
exempt from the provisions of subsections (1) and (2) of this section:
     (a) The mining or processing of rock,
aggregate or minerals within one-half mile of a noise sensitive area, if:
     (A) The operation operates more than nine
hours per day during the period subject to the daytime standards established by
the Environmental Quality Commission under ORS 467.030; or
     (B) The operation operates more than five
days per week.
     (b) Any mining or processing of rock,
aggregate or minerals within one-half mile of a noise sensitive area during the
period subject to the nighttime noise emission standards established by the
Environmental Quality Commission under ORS 467.030. [1979 c.413 §2; 1983 c.730 §2;
1985 c.681 §1; 2005 c.657 §6]
     467.130 [1995 s.s. c.3 §40; repealed by 1996 c.8 §5
(467.131 enacted in lieu of 467.130)]
     467.131
Exemption from civil or criminal liability based on noise or noise pollution
from shooting range. Any
owner, operator or lessee of a rifle, pistol, silhouette, skeet, trap, blackpowder
or other shooting range in this state shall be immune from civil or criminal
liability based upon an allegation of noise or noise pollution so long as:
     (1) The allegation results from the normal
and accepted activity on the shooting range;
     (2) The owner, operator or lessee complied
with any applicable noise control law or ordinance existing at the time
construction of the shooting range began or no noise control law or ordinance
was then existing; and
     (3) The allegation results from activity on
the shooting range occurring between 7 a.m. and 10 p.m. or conducted for law
enforcement training purposes. [1996 c.8 §6 (enacted in lieu of 467.130)]
     Note: 467.131 to 467.138 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
467 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     467.132 [1995 s.s. c.3 §40a; repealed by 1996 c.8 §7
(467.133 enacted in lieu of 467.132)]
     467.133
Exemption from action for nuisance on basis of noise caused by shooting range. The owner, operator or lessee of a rifle,
pistol, silhouette, skeet, trap, blackpowder or other shooting range in this
state shall not be subject to any action for nuisance and no court in this
state shall enjoin the use or operation of such shooting range on the basis of
noise or noise pollution so long as:
     (1) The allegation results from the normal
and accepted activity on the shooting range;
     (2) The owner, operator or lessee complied
with any applicable noise control law or ordinance existing at the time
construction of the shooting range began or no noise control law or ordinance
was then existing; and
     (3) The allegation results from activity
occurring between 7 a.m. and 10 p.m. or conducted for law enforcement training
purposes. [1996 c.8 §8 (enacted in lieu of 467.132)]
     Note: See note under 467.131.
     467.135 [1995 s.s. c.3 §40b; repealed by 1996 c.8 §9
(437.136 enacted in lieu of 467.135)]
     467.136
Preemption of certain local regulation of shooting range. Any local government or special district
ordinance or regulation now in effect or subsequently adopted that makes a
shooting range a nuisance or trespass or provides for its abatement as a
nuisance or trespass is invalid with respect to a shooting range for which no
action or claim is allowed under ORS 467.131 and 467.133. [1996 c.8 §10
(enacted in lieu of 467.135)]
     Note: See note under 467.131.
     467.137 [1995 s.s. c.3 §40e; repealed by 1996 c.8 §11
(467.138 enacted in lieu of 467.137)]
     467.138
Limitation on law enforcement training exemption for shooting range. The exemption allowed under ORS 467.131 and
467.133 for shooting activity conducted for law enforcement training purposes
shall be allowed only:
     (1) For up to four nights a month; and
     (2) After the owner, lessee or operator
provides notice of the activity at least one week before the activity occurs by
publication in a newspaper of general circulation in a county in which the
shooting range is located. [1996 c.8 §12 (enacted in lieu of 467.137)]
     Note: See note under 467.131.
     467.990
Penalties. Violation of any
provision of this chapter or rules or orders made under the provisions of this
chapter is a Class B misdemeanor. Each day of violation shall be considered a
separate offense. [1971 c.452 §6; 1973 c.835 §161]
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