2025-388-Order No. 2025-042 Recorded 11/18/2025[Recorded in Deschutes County CJ2025-388
REVIEWED Steve Dennison, County Clerk
Commissioners' JOUrnal -11 /18/2025 3:50:46 PM
LEGAL COUNSEL
2025-388
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Opting Out of Eastern Oregon Solar
Siting Rules pursuant to House Bill 3409 * ORDER NO. 2025-042
WHEREAS, The Land Conservation and Development Commission (LCDC) adopted new rules for
Eastern Oregon Solar Siting at the June 2025 LCDC meeting. These rules will go into effect January 1, 2026; and
WHEREAS, This rulemaking was directed by the passage of House Bill 3409 (H13 3409) in 2023 and
the subsequent LCDC charge to DLCD (Department of Land Conservation and Development) staff in November
2023. DLCD staff fonned and worked with a Rulemaking Advisory Committee (RAC) to draft new regulations
designed to find opportunities and reduce conflicts when siting photovoltaic solar power generation facilities in
Eastern Oregon; and
WHEREAS, Oregon Administrative Rule (OAR) allows counties three pathways for reviewing
photovoltaic solar power generation facilities on agricultural lands in Eastern Oregon: 1) Utilize new rules for
Division 33 (OAR 660-033-0130(44)) for solar siting, which occurs if the County takes no formal action; 2)
Continue to use the existing rules in Division 33 (OAR 660-033-0130(38)) and formally opt out of the new rules;
or 3) Adopt a customized program under the provision of Statewide Planning Goal 5 (OAR 660-023-0195) as part
of a comprehensive plan update and robust public process; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Effective January 1, 2026, Deschutes County shall opt out of new solar siting provisions in
660-033-0130(44) and retain the existing provisions in OAR 660-033-0130(38) for solar siting facilities.
Dated this
20
4.10
ATTEST:
Recording Secretary
PAGE 1 OF 1- ORDER No. 2025-042
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATT1 ADAIR, Vice Chair
PHIL CHANG, Commissioner
LO
CV
Cl
N
d'
L
�C
C
a)
0
Z
a)
N
O
N
O
od
U
_
h
Q
C
in
•—
U
N
L
CD
�
J
t�
N
d
0
cm
a
L
Cl)
g
L
O
W
mm
�vTES CO
C, G
oh 2{ BOARD OF
-.,,,1I COMMISSIONERS
MEETING DATE: November 12, 2025
SUBJECT: Eastern Oregon Solar Siting Rules / Options for Consideration
MOTION OPTIONS:
EFU Zoning
1. Adopt Order No. 2025-042, opting out of Eastern Oregon Solar Siting Rules.
2. Do nothing and automatically opt -in effective January 1, 2026.
3. Initiate a customized program, under the provision of Statewide Planning Goal 5 and
adopt a temporary opt -out resolution, Order No. 2025-043, that will be repealed once
a plan amendreient is adopted. Given the significance of this work program, , it would
need to be prioritized as work task in CDD's FY 2025/2026 or 2026/2027 work
program.
Forest Use Zoning
1. Continue to allow photovoltaic solar farms on 10 acres; or
2. Given the significance of this work program, it would need to be prioritized as work
task in the CDD FY 2025/2026 or 2026/2027 work program. The work task would
identify as a scope of work, opportunities for photovoltaic solar farms up to 240 acres.
BACKGROUND AND POLICY IMPLICATIONS:
Staff is returning to the Board of County Commissioners (Board) to continue the discussion
from September 10 concerning options for the Eastern Oregon Solar Siting Rules. This
memorandum includes a revised interpretation of some of the rules, based on recent
discussions with the Department of Land Conservation and Development (DLCD).
BUDGET IMPACTS:
None
ATTENDANCE:
Tanya Saltzman, Senior Planner
Will Groves, Planning Manager
ES r-
w� 2�
a A .A -c
MEMORANDUM
DATE: November 5, 2025
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
Will Groves, Planning Manager
RE: Eastern Oregon Solar Siting Rules / Options for Consideration
Staff is returning to the Board of County Commissioners (Board) to continue the discussion from
September 101 concerning options for the Eastern Oregon Solar Siting Rules. This memorandum
includes a revised interpretation of some of the rules, based on recent discussions with the
Department of Land Conservation and Development (DLCD).
I. Background
On June 26, 2025, the Land Conservation and Development Commission (LCDC) adopted Oregon
Administrative Rules (OARS) that guide development of renewable photovoltaic solar energy sites
in Eastern Oregon on non-federal Exclusive Farm Use (EFU) and Forest Use zoned land.
EFU Zoning
The administrative rules pertaining to EFU-zoned land become effective on January 1, 2026.Oregon
counties will be opted in to the Eastern Oregon Solar Siting Rules unless they specifically take action
to opt -out. As a reminder, there are three options for the Board of County Commissioners to
consider, which are discussed further below:
1. Opt out of the new Eastern Oregon Solar Siting Rules. This option allows Deschutes
County to continue applying existing rules in OAR 660-33-0130(38) ("Section 38") for
evaluating applications for photovoltaic solar power generation facilities on a case -by -case
basis. These existing rules allow limited solar development on farmland and require
approval of an exception to Statewide Planning Goal 3 for any larger renewable solar project
(more than 12 acres on high -value farmland, more than 20 acres on arable lands, and more
than 320 acres on non -arable lands).
1 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-254
'11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P,O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 cdd@deschutes .org www.deschutes.org/cd
2. Do nothing. On January 1, 2026, the County is automatically opted into OAR 660-033-130(44)
("Section 44"), which will enable Deschutes County, without amending its Comprehensive
Plan or zoning code, to approve applications for larger individual facilities/sites in the EFU
zone without taking an exception to Goal 3: up to 160 acres on eligible high value farmland,
1,280 acres on arable farmland, and 1,920 acres on non -arable, lower quality farmland.
Under these rules, applicants would have to comply with standardized criteria addressing
eligible land, mitigation, and other requirements.
3. Initiate a customized program pursuant to OAR 660-023-0195 ("Division 23") and under
the provision of Statewide Planning Goal 5. A customized solar siting program to
designate photovoltaic solar power generation areas in the county would be considered and
potentially adopted as part of a comprehensive plan update. This option would involve a
robust public process and allow for acreage sizes for individual application sites larger than
allowable under OAR 660-033-130(44): up to 240 acres on eligible high value farmland, 2,560
acres on arable farmland, and 3,840 acres on non -arable, lower quality farmland. Given the
significance of this program, it would need to be prioritized as work task in the Community
Development Department's (CDD) FY 2025/2026 or 2026/2027 work program. In order to
implement this option, the Board would adopt a temporary opt -out order, Order 2025-043,
which would be repealed once the plan amendment is adopted. If executed, this option will
require a discretionary land use decision and public notice, with the possibility of a hearing
and potentially, an appeal.
Forest Use Zoning
LCDC also amended the Forestland Rules, OAR 660, Division 6, to increase the acreage threshold
for applications for photovoltaic solar projects from 10 acres to 240 acres without taking an
exception to Goal 4. Expanding this use in Forest Use zones will be a significant undertaking because
it will require an extensive Goal 5 Economic, Environmental, Social, and Energy (ESEE) analysis due
to wildlife inventories that include Elk Range, Tumalo Deer Winter Range, and Metolius Deer Winter
Range, and Deer Migration Range. There are two options for the Board's consideration:
1. Continue to allow photovoltaic solar farms on 10-acre parcels of property in the Forest Use
zones; or
2. Prioritize as a work task in the CDD FY 2025/2026 or 2026/2027 work program the
development of opportunities for photovoltaic solar farms up to 240-acres in the Forest Use
zones.
II. EFU Options Comparison
At the September 10 Board meeting, staff was asked to follow up with additional comparison
between Options 1 and 2—that is, exclusively maintaining the approval path in OAR 660-33-0130(38)
("Section 38"), or adding the new approval path in OAR 660-033-130(44) ("Section 44").
Page 2 of 4
Upon further consultation with DLCD, staff has revised its understanding of the level of local control
offered in Section 44. Staff previously understood Section 44 as removing most local discretion in
favor of new state -level criteria that would be the sole determinant of a successful application.
However, DLCD has since clarified that this is not the case: the new rules still allow for the same
level of local discretion as the existing rules, utilizing the local Conditional Use criteria and local Goal
S protections The primary difference with Section 44 is that in order to qualify for the larger
acreages allowed via the new rules, the rules require additional criteria to be met, primarily
concerning siting and mitigation. The following tables outline the differences between the options.
Prior to the new rules taking effect, counties have two options for solar projects:
Section 38 rules: Goal 3 exception for sites larger than rule threshold
Conditional use permit for up to:
12 acres on high -value farmland
20 acres on arable lands
320 acres on non -arable lands
The new rules give counties more options for solar siting, ranging from the lowest size/intensity to
the highest:
Section 38 rules:
Section 44 rules:
Division 23 rules:
Goal 3 exception
Conditional use permit for
Conditional use permit for
Develop customized
for sites larger
up to:
up to:
program through Goal 5
than applicable
• 12 acres on high -value
• 160 acres on high -value
provisions to determine
rule threshold
farmland
farmland
eligible solar areas, up to:
• 20 acres on arable
0 1,280 acres on arable
• 240 acres on high -value
lands
lands
farmland
• 320 acres on non-
• 1,920 acres on non-
• 2,560 acres on arable
arable lands
arable lands
lands
• 3,840 acres on non -
Must meet state criteria
arable lands
for:
• Eligible areas
Requires extensive public
• Community benefits
process to establish these
• Agricultural mitigation
areas; would require
(sometimes)
project to be prioritized on
• Farm stability analysis
Planning Division work
(sometimes)
program
• Fish and wildlife
mitigation
• Historic/cultural
resource
• mitigation
Temporary workforce
housing plan
Page 3 of 4
Staff seeks Board direction from the following options:
1. Adopt Order No. 2025-042, opting out of Eastern Oregon Solar Siting Rules and continue to
apply existing Section 38 rules.
2. Do nothing and automatically opt -in to the additional approval path (Section 44) effective
January 1, 2026.
3. Initiate a customized program under new Division 23 rules, under the provision of Statewide
Planning Goal 5 and adopt a temporary opt -out order, Order No. 2025-043, that will be
repealed once a plan amendment is adopted. Given the significance of this work program, it
would need to be prioritized as work task in CDD's FY 2025/2026 or 2026/2027 work program.
III. Forest Use Zoning
LCDC also amended the Forestland Rules, OAR 660, Division 6, to increase the acreage threshold
for a photovoltaic solar project that can be processed as a conditional use from 10-acres to 240-
acres on Forest Use zoned lands without taking an exception to Goal 4.
At the September 10 meeting, the Board requested a map illustrating Forest -zoned land as they
overlap with Goal 5 areas. This map, provided as Attachment 3, shows that of approximately
1,032,375 acres of Forest -zoned land in the County, approximately 289,151 acres are within a Goal
5 Wildlife Area Combining Zone.
Options for the Board's consideration are:
1. Continue to only allow photovoltaic solar farms on up to 10-acre-sized Forest Use -zoned
parcels; or
2. Prioritize as a work task in the CDD FY 2025/2026 or 2026/2027 work program the
development of opportunities for photovoltaic solar farms up to 240 acres in the Forest Use
zones. This would entail a Goal 5 Economic, Environmental, Social, and Energy (ESEE) analysis
due to wildlife inventories in forest zones that include Elk Range, Tumalo Deer Winter Range,
and Metolius Deer Winter Range, and Deer Migration Range.
Attachments:
1. Opt -Out Order 2025-042
2. Temporary Opt -Out Order 2025-043
3. Forest Zones and WA Combining Zone map
Page 4 of 4
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,_OREGON
An Order Opting Out Temporarily of Eastern
Oregon Solar Siting Rules pursuant to House Bill * ORDER NO. 2025-043
3409
WHEREAS, The Land Conservation and Development Commission (LCDC) adopted new rules for
Eastern Oregon Solar Siting at the June 2025 LCDC meeting. These rules will go into effect January 1, 2026; and
WHEREAS, This rulemaking was directed by the passage of House Bill 3409 (HB 3409) in 2023 and
the subsequent LCDC charge to DLCD (Department of Land Conservation and Development) staff in November
2023. DLCD staff formed and worked with a Rulemaking Advisory Committee (RAC) to draft new regulations
designed to find opportunities and reduce conflicts when siting photovoltaic solar power generation facilities in
Eastern Oregon; and
WHEREAS, Oregon Administrative Rule (OAR) allows counties three pathways for reviewing
photovoltaic solar power generation facilities on agricultural lands in Eastern Oregon: 1) Utilize new rules for
Division 33 (OAR 660-033-0130(44)) for solar siting, which occurs if the County takes no formal action; 2)
Continue to use the existing rules in Division 33 (OAR 660-032-0130(38)) and formally opt out of the new rules;
or 3) Adopt a customized program under the provision of Statewide Planning Goal 5 (OAR 660-023-0195) as part
of a comprehensive plan update and robust public process; and
WHEREAS, if the County chooses to adopt a customized program under the provision of Statewide
Planning Goal 5, it will temporarily opt out of the new rules for Division 33 (OAR 660-033-0130(44)) while it
undergoes the process to develop the customized program; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Effective January 1, 2026, Deschutes County shall temporarily opt out of new solar siting
provisions in Division 33 (OAR 660-033-0130(44)) while it undergoes the process to develop a customized
program for solar siting under the provision of Statewide Planning Goal 5.
PAGE 1 of 2- ORDER No. 2025-043
Section 2. During this time period, existing provisions for solar siting shall remain effective until such
time that a new program under the provisions of Statewide Planning Goal 5 and a comprehensive plan update are
adopted.
Dated this of BOARD OF COUNTY COMMISSIONERS
20 OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
PAGE 2 of 2- ORDER No. 2025-043
ANTHONY DeBONE, Chair
PATTI ADAIR, Vice Chair
PHIL CHANG, Commissioner