Oregon legislature enacts new land use legislation
June 24, 2013
Salem, OR: The Oregon Senate gave final approval on Thursday to significant new land use legislation intended to improve planning for growth in Oregon. The two bills enacted, HB 2253 and HB 2254, will help cities forecast population and evaluate the need for additional land and development capacity inside urban growth boundaries (UGB). UGBs are established by cities to plan where to grow and how. Many local governments, residents and other stakeholders have become frustrated with the complexity, expense and slowness of the UGB amendment process.
HB 2254 provides new simplified UGB planning methods. These methods will help cities to estimate how much future growth can be accommodated within their boundaries and clarify how cities decide where to grow when they need additional land. The new methods are optional - cities that want to continue using the current UGB system may do so.
A companion bill, HB 2253, establishes a simplified way to forecast population growth, intended to greatly reduce costs for local governments and assure they are using the best available population forecast data for land use planning. The bill places the responsibility for preparing population forecasts with the Population Research Center (PRC) at Portland State University. PRC will issue a forecast for each city and county every four years. Currently, forecasting is been done by many jurisdictions and agencies resulting in duplication of effort and other cost-inefficiencies.
These bills were proposed by a broad coalition of interests, including cities, counties, homebuilders, special districts, realtors and land use planning advocates. Erin Doyle, Intergovernmental Relations Association for the League of Oregon Cities, stated that the League of Oregon Cities believes the bill “allows efficient use of city resources and makes important changes to land use planning laws – we are proud that the stakeholders were able to come together and reach agreement on how to amend this process to make it workable for all cities in Oregon."
Another supporter of the legislation, Mary Kyle McCurdy of 1000 Friends of Oregon, indicated that the bill offers “simpler, fact-based methods and ensures our cities will meet the needs of all Oregonians by providing housing options and walkable communities and by protecting farmland from sprawl.”
HB 2253 and HB 2254 apply to all cities except those in the Portland Metro region. The new UGB methods will require state agency rulemaking to work out details before they take effect.
Catch a Tide - King Tides come to the Oregon Coast
Volunteers needed to photograph this winter's highest high tides
November 5, 2012
Newport, OR - Oregon's coastal residents will experience some of the year's highest tides from the 13th through the 15th of November. Several groups in Oregon, including the CoastWatch program of the Oregon Shores Conservation Coalition and Surfrider, are participating in a project to document areas affected by such high tides. The King Tide Photo Initiative is an international project designed to involve volunteers in documenting areas inundated by the highest tides that occur each year. These highest high tides are often called "king tides". Volunteers are being asked to help build a visual record by taking photos of areas inundated by these high water events and then adding the photo to a king tide photo website. Everyone is welcome to participate, they just need to pick a place, click a photo and share it on Flickr.
- The first of three king tide events this winter happen November 13-15th.
- More information can be found on the Oregon King Tide website.
King tides are normally occurring events caused by predictable astronomical factors that result in tides that are higher than most high tides. Areas affected by these king tides are susceptible to higher water levels from increased wave heights, winter storms and changes in sea levels.
Good king tide photos will show water levels adjacent to a fixed feature like a piling, seawall or bridge abutment. Including fixed features will allow actual water levels to be documented and tracked over time. Good photos also must include the location, the date and time the photo was taken and the viewer's direction for each picture. Two photos taken from the same spot, one during the king tide and the other at a typical high tide, are also very effective in highlighting these water events.
King tides will also occur December 12th through the 14th and January 10th through the 12th.
For more information please contact Cinamon Moffett, NOAA Coastal Fellow, at Oregon Coastal Management Program in Newport, (541) 574-4514 or email@example.com
MacLaren Appointed Deputy Director
September 12, 2012
Salem, OR – Caroline ‘Carrie’ MacLaren has joined the Oregon Department of Land Conservation and Development as deputy director. Carrie began her new appointment Monday, September 10, 2012.
Jim Rue, acting director, said of Carrie’s appointment, “We are very excited to have Carrie join DLCD. She brings a wonderful combination of legal, policy and management experience to complete our management team”.
Carrie has a long tenure working with the Oregon’s land use program, both in the private sector and with public-interest organizations. Most recently, Carrie was an attorney at Black Helterline LLP, representing clients in all phases of the land use entitlement and development process. She also worked as a staff attorney at 1000 Friends of Oregon, where her primary focus was farm and forest land protection, and as a real estate attorney with Miller Nash LLP. Throughout her legal career, she has served on local and state workgroups concerning land use policy and development. Carrie received her law degree from University of Oregon School of Law in 1999, where she later taught the first course on green building and sustainable development as an adjunct professor.
“I am honored to help lead this agency. The statewide land use program is essential to Oregon’s future, its livability and its prosperity. I look forward to working with staff, cities, counties and the public as we help position the state to face the opportunities and challenges ahead.” Carrie said about her appointment.
DLCD Issues Report Partially Remanding Metro's Urban Growth Boundary Decision
April 24, 2012
Salem, OR – On November 8, 2011, Metro issued final decisions to the Department of Land Conservation and Development (DLCD) regarding regional capacity to accommodate housing and employment land needs to the year 2030. Metro’s decisions included provision for increased efficiency of development, as well as adding 3,598 acres to its regional urban growth boundary (UGB). Metro’s decision requires the approval of the Land Conservation and Development Commission, also known as LCDC.
The department analyzed that decision and issued a report on April 19, 2012, recommending to the commission a partial approval of Metro’s actions, and a remand of certain portions of the decision for further work. The department recommends that the commission approve the amendments to Metro’s Framework Plan, Functional Plans and Metro Code that implement Metro Council’s policies on development efficiency and investment strategy in those places in the region intended to accommodate higher residential densities. These places include regional and town centers, light rail station communities and designated corridors and main streets. However, the department found that there is not sufficient information in Metro’s work to substantiate the amount of land to be added to the urban growth boundary or the locations of the expansions areas. “Metro completed a lot of very good research and analysis,” said Jim Rue, acting director, “but the department found some important points that we didn’t believe had been adequately addressed.”
A hearing is scheduled for the LCDC meeting on May 10, in Salem to consider the Metro actions and the recommendations from the DLCD director for partial approval and partial remand. Local decisions on UGB amendments are among the most complex issues the commission is asked to confront, Rue said, “because a UGB, being the centerpiece of the Oregon land use planning program, is asked to accomplish many policy objectives.”
Questions regarding this item may be referred to Jennifer Donnelly, DLCD Regional Representative, at (503) 725-2183, or firstname.lastname@example.org.
Carney Appointed to At-large Position on CIAC
April 2, 2012
Salem, OR – The Land Conservation and Development Commission (LCDC), at their March meeting, appointed Sadie Carney to represent Oregon’s citizens on the State Citizen Involvement Advisory Committee.
Carney will fill a vacancy as an At-large representative on the CIAC. Her term began upon appointment and will run through December 2015. Sadie’s first meeting will be with the 8th of May in Salem.
Carney lives in Portland. She is a recent graduate of the Portland State University Master in Urban and Regional Planning program. “I am honored to be appointed to LCDC’s Citizen Involvement Advisory Committee because I believe strongly in transparent government that engages all citizens in planning - at local, county and state levels. With my marketing and outreach background, I hope to assist the CIAC in developing methods of outreach that can be applied broadly and will reach out to all members of a community. Through education and innovation, I believe the CIAC can bring greater equity and inclusion to land use planning in the State of Oregon. Oregon belongs to her citizens, giving them greater access to be informed and involved in land use decisions makes a better place for everyone.”
CIAC chair Mollie Eder had this to say, “From a well-qualified group of applicants for this vacant position, our committee is pleased that LCDC selected Sadie Carney. Her public outreach experience and background using social media to obtain public participation in various land use projects will add immensely to the CIAC efforts to promote citizen involvement,”
Gregory McClarren added “Ms. Carney's skills in marketing and communications arts along with her past experience in Oregon and other states will bring new energy and ideas to the Committee's efforts to expand and make more effective citizen involvement in Oregon's land use system.”
The CIAC was established by statute as an advisory body to LCDC. It has eight volunteer members, one from each of Oregon’s five Congressional Districts and three chosen at-large. Committee members are appointed to four year terms by LCDC.
Individuals interested in future opportunities with the CIAC can find information and openings at http://www.oregon.gov/LCD/citizeninvolvement.shtml.
Update on Wineries and Events on Farmland
The 2011 legislative session saw the adoption of two bills that specifically authorize events at wineries (HB 3280) and on farmland (SB 960). SB 960 is optional, while HB 3280 is mandatory. These bills were intended to clarify and broaden the allowance for events in conjunction with wineries and in conjunction with farm use. In addition, HB 3280 authorizes restaurants for the largest wineries. These new authorizations are in addition to other general authorizations for activities in EFU zones such as those at farm stands or in parks. However, where SB 960 events are permitted, mass or outdoor gatherings may not be approved for the same purposes, and wineries may not be approved for conditional use events under both SB 960 and HB 3280.
As of January, 2012, several post-acknowledgment plan amendments have been submitted to the department that are intended to reflect the newly-adopted bill authorizations for events. To date, Polk, Marion, Deschutes and Jackson Counties have submitted proposed zoning ordinance amendments that are clear and well-organized and that accurately reflect the provisions of SB 960 and HB 3280. These counties have taken two somewhat confusing bills and made sense out of them in their proposed zoning ordinance amendments. Other counties may wish to use these as examples.
A few counties indicate that they have been approving, and plan to continue to approve, events as “commercial activities in conjunction with farm use,” because local land use regulations or interpretations permit such events. In some cases, counties prescribe no upper limit on numbers or frequency of such events. These counties misinterpret provisions in the new bills that honor existing authorizations for events. The bills’ recognition of optional routes of approval for events may not be used to permit types or numbers of events that are specifically disallowed by the sideboards in the new legislation. An overly-broad interpretation of “commercial activities in conjunction with farm use” in particular is inconsistent with case law findings that such activities be “essential to the practice of agriculture.” A winery is not agriculture, but rather a processing facility. The bar is high for justifying events as commercial activities in conjunction with farm use, whether at wineries or on farms - even more so now that specific options for event approvals have been adopted by the legislature in the two new bills.
It is too early to tell how counties in general will use SB 960 and HB 3280 to review and approve events in conjunction with wineries and farm use and whether the new bills will prove helpful in providing authority and clarity for the approval of an appropriate level of events in EFU zones. Time and experience will tell us whether the bills hit the mark or whether additional fine-tuning will be needed.
For a description of and Q and A for SB 960 and HB 3280 go here.
Lamb Confirmed to LCDC Commission Seat
February 13, 2012
Senate approves Sherman Lamb’s appointment to Oregon’s Land Conservation and Development Commission
Salem, OR – The Oregon Senate approved Governor Kitzhaber’s appointment of Sherman Lamb to represent Southern Oregon on the Oregon Land Conservation and Development Commission (LCDC).
Lamb will replace Christine Pellett who served on the commission since October 2008 until her resignation in August 2011. Lamb’s term begins February 10, 2012 and he will join the commission’s March 14, 2012 meeting in Newport.
The LCDC consists of seven members, representative of certain regions of the state along with a current or former elected official of a city and a county. LCDC adopts state land-use goals and implements rules, assures local plan compliance with the goals, coordinates state and local planning and manages the coastal zone program. The commissioners are unpaid citizen volunteers appointed by the Governor and confirmed by the Senate. Commissioner appointments are four-year terms and may not serve for more than two full terms.
Lamb lives in Talent and currently works as a Vineyard Consultant. He has served on the City of Talent Planning Commission and is currently on the Talent City Council serving as the Council Liaison to the Planning Commission. “I’m interested in becoming further involved with the development of land use policy, both because I believe in the need to preserve our resources and because it is an opportunity to serve my community and state.”
DLCD’s acting Director, Jim Rue said, “Lamb’s unique combination of experience and talent allows him to represent land use interests in this critical part of our state.”
Individuals interested in appointments to Oregon’s boards or commissions are encouraged to complete and submit an interest form.
Territorial Sea Plan Public Workshops
January 30, 2012
Territorial Sea Plan Public Work Session
The Oregon Department of Land Conservation and Development (DLCD) and the Ocean Policy Advisory Council (OPAC) are holding two public work sessions on Thursday, February 2, to get feedback on changes to the state’s Territorial Sea Plan. One session will be held in Portland from 11:00AM – 2:30PM, the other will be held in Eugene from 5:30PM – 9:00PM.
Portland City Hall – Council Chambers (2nd Floor)
1121 SW 4th Avenue
Portland, Oregon 97204
Eugene City Hall – Council Chambers
777 Pearl Street
Eugene, Oregon 97401
The plan is being amended to site marine renewable or wave energy development. The maps and planning options that are being considered will be distributed and discussed. The attached flier has additional details, including the time and location for the event. For more information contact:
Paul Klarin, Marine Program Coordinator
Oregon Dept. of Land Conservation and Development
635 Capitol Street NE, Suite 150, Salem, OR 97301-2540
Office: (503) 373-0050 ext. 249; Cell: (503) 428-0510; Fax: (503) 378-6033
Future Meeting Dates and Sites:
February 10, 2012 - 11:00AM - 2:30PM
Bandon Community Center
1200 11th Street SW
Bandon, OR 97411
February 10, 2012 - 5:30PM - 9:00PM
Best Western Plus Beachfront Inn
16008 Boat Basin Road
Brookings, OR 97415
February 17, 2012 - 11:00AM - 2:30PM
Camp Rilea - Warrior Hall
91204 Oregon Road
Warrenton, OR 97146
February 17, 2012 - 5:30PM - 9:00PM
1400 South Hemlock Street
Cannon Beach, OR 97110
February 24, 2012 - 11:00AM - 2:30PM
Soul Vacation Resort
902 NW Bayshore Drive
Waldport, OR 97394
February 24, 2012 - 5:30PM - 9:00PM
Umpqua Discovery Cente
409 Riverfront Way
Reedsport, OR 97467
March 6, 2012 - 11:00AM - 2:30PM
Depoe Bay Community Hall
220 SE Bay Street
Depoe Bay, OR 97341
March 6, 2012 - 5:30PM - 9:00PM
Kiawanda Community Center
34600 Cape Kiwanda Drive
Pacific City, OR 97135
*Materials can be accessed at http://www.oregonocean.info
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