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Wind Energy Facility Siting on Farmland
LCDC Adopts Administrative Rule Amendments
On December 5, 2008, the Land Conservation and Development Commission (LCDC) adopted amendments to administrative rules regarding the siting of wind energy facilities on farmland.
 
The amendments clarify the current review process for commercial power generation facilities on farmland by creating a separate category and new standards for review of wind power projects under the list of permitted and conditional uses set forth in OAR 660-033-0130.
 
Though adopted, the amendments will not take effect until filed with the Secretary of State in January 2009.

For more information on this rulemaking project, please contact Katherine Daniels at 503-373-0050 x329, or via email at: katherine.daniels@state.or.us.

Proposed Administrative Rule Amendments
The Land Conservation and Development Commission (LCDC) is considering the adoption of new and amended administrative rules for siting wind energy facilities on farmland.
 
These proposed new and amended rules will be codified under OAR chapter 660, division 33. LCDC may consider additional provisions by interested persons or DLCD during the public comment period.
 
The proposed rules are below, along with the required rulemaking information:

LCDC will hold a public hearing to consider the proposed new rules at its meeting in Tillamook on Thursday, December 4 (Tillamook County Library, 1716 3rd Street). The meeting, which includes other agenda items, will begin at 8:30 a.m. (Link to LCDC reports for Dec. 4, 2008 meeting in Tillamook.)
 
Interested persons may testify during the public hearing regarding the proposed new and amended rules, and/or submit written comments by providing 20 copies to the Commission assistant.
 
Written comments may also be submitted prior to the public hearing as described below. LCDC will accept testimony, including written comments, until the close of the public hearing. However, written comments to be provided to LCDC prior to the meeting (one copy is sufficient in this case) must be received at DLCD's Salem office by 5 p.m. on Friday, November 28, 2008.
 
For more information about these proposed rules, please contact Katherine Daniels at 503-373-0050 x329, or via email at: katherine.daniels@state.or.us.
 

Background
 
On August 7, 2008, the Land Conservation and Development Commission (LCDC) directed the department to appoint an advisory committee and initiate an administrative rulemaking project for wind power generation facilities on farmland.
 
The project is intended to provide clarification and guidance on the siting of wind power generation facilities on farmland.
 
LCDC appointed an advisory committee to advise the department and the Commission (see below). Based on input and recommendations from the advisory committee, LCDC anticipates adopting new administrative rules in December of 2008.
 
In considering new rules to guide the siting of wind energy facilities on farmland, LCDC indicated the advisory committee should:
  • Clarify or change current administrative rule acreage thresholds for commercial utility facilities as they apply to wind power generation facilities;
  • Limit recommendations to those intended to reduce potential conflicts between wind power generation facilities and farm uses;
  • Include a CIAC representative on the advisory committee.
 
For more information, please contact Katherine Daniels at 503-373-0050, x329 or via email at katherine.daniels@state.or.us, or Jon Jinings at 541-318-2890 or via email at jon.jinings@state.or.us.
 
If you would like to be placed on the contact list for this group, please contact Bryan Gonzalez at 503-373-0050, x322, or via email at bryan.gonzalez@state.or.us.
 

Meeting Materials for the Advisory Committee
November 3, 2008

October 20, 2008

September 15, 2008

September 3, 2008
  1. EFSC rules – OAR Chapter 345, division 22
  2. Current statute (ORS) and administrative rules related to siting of wind power generation facilities on farmland
  3. Wasco County’s Energy Facility Siting ordinance
  4. LCDC’s Citizen Involvement Guidelines for Policy Development
 

Agendas and Minutes of Work Group Meetings

 DATE LOCATION AGENDA MINUTES
 Sept. 15, 2008 Arlington Agenda Minutes
 Oct. 20, 2008 Boardman Agenda Minutes
 Nov. 3, 2008 The Dalles Agenda Minutes

Advisory Committee Members
Hanley Jenkins
LCDC (Chair)
 
Susie Anderson
Gilliam County Planning
 
Karen Chase
Oregon Department of Energy
 
Todd Cornett
Wasco County Planning
 
Jim Johnson
Oregon Department of Agriculture
 
Brendan McCarthy
Portland General Electric
 
Gregory McClarren
CIAC representative
 
Tim McMahan
Stoel Rives Attorneys at Law
 
Chris Moore
Sherman County farmer
 
Patty Snow
Oregon Department of Fish and Wildlife
 
Bruce Zimmerman
Confederated Tribes of the Umatilla Indian Reservation
 
Katherine Daniels, Jon Jinings, Bryan Gonzalez
Department of Land Conservation and Development