HomeMy WebLinkAboutLand Conservation and Development Letter
Date
Mr. Jim Rue, Director
Oregon Department of Land Conservation and Development
635 Capitol St. NE, Suite 150
Salem, OR 97301
Re: HB 2229 / LCDC Rulemaking
Dear Mr. Rue:
House Bill 2229, Section 2(b)(B) directs the Land Conversation and Development Commission
(LCDC) to adopt rules that,
Consider the variation in conditions and needs in different regions of the state and
encourage regional approaches to resolving land use problems.
The Deschutes County Planning Commission [add BOCC if they concur] respectfully requests
LCDC initiate rulemaking to implement the legislation and clarify processes for:
1. Updating farmlands and forestlands for land use planning;
2. Phasing;
3. Regional approaches to resolving land use problems;
4. Non-resource lands containing ecologically significant natural areas or resources;
5. Carrying capacity of the lands; and,
6. Significantly adverse effects.
Since the law took effect, Deschutes County has continually expressed interest in implementing
HB 2229, also known as the “Big Look Bill,” as evidenced by its participation in a 2010
Association of Counties panel discussion with state agency officials and subsequent
conversations with the Department of Land Conservation and Development (DLCD). Most
recently, Deschutes County requested input on a phased approach and clarification of key
issues relating to five pre-platted subdivisions with farm and forestland designations. Rob
Hallyburton, DLCD Community Services Division Manager wrote in a letter on January 8, 2015,
While we do not find that the county must review all land in the county, we would be
most inclined to approve a work program that includes some major region defined by
geographic characteristics rather than by property or subdivision boundaries.
Additionally, the county may not pre-determine specific areas for review, as subsection
5(3) requires the county to provide an opportunity for all farm and forest land to be
considered. If the county receives a request to review an area that is not included in the
original proposal, the county must review it. As explained above, we believe that this
-2-
area must be a geographic area of the county and not individual properties or
subdivisions.
Considering other aspects of HB 2229 not related to your question, the department has
been unable to determine the nature and scope of the mapping error the county intends
to address. It is not apparent why the areas the county has shared with the department
were incorrectly zoned at acknowledgment, and this is a fundamental aspect of the bill. If
the county chooses to move forward with a work program, the county will need to
demonstrate that the HB 2229 process is an appropriate vehicle for addressing the
county’s needs.
Based on Mr. Hallyburton’s letter, there remain differences of opinion whether HB 2229
is targeted exclusively to properties with mapping errors or if it also applies to updating
farm and forestlands designations based on changed circumstances. Without
administrative rules, undertaking a work plan is fraught with legal uncertainty. It is also
extremely difficult to gauge staffing resources and timelines.
Thank you for considering this request.
Sincerely,
TBD