Notwithstanding ORS § 30.935, 215.253 (1) and 633.738, the governing body of a city or county in which a new large confined animal feeding operation, as defined in ORS § 468B.215, is proposed to be located may require the new large confined animal feeding operation to include a setback or buffer, composed of a natural or created vegetative barrier, berm or terrain, in the production area of the new large confined animal feeding operation, if the parcel of land on which the new large confined animal feeding operation would be located is adjacent to a parcel on which:

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(1) A residential structure is lawfully sited; or

(2) A structure that was lawfully sited when constructed, but no longer conforms with or is allowed under new or changed land use requirements, is sited. [2023 c.465 § 15]

See note under 468B.212.