HomeMy WebLinkAboutHouse Bill 2229 - Agricultural Lands DLCD LetterCommunity Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend. Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Memorandum
DATE: April 24, 2015
TO: Deschutes County Board of Commissioners
FROM: Nick lelack, Director
Peter Gutowsky, Planning Manager
RE: HB 2229/ Agricultural lands / letter to DlCD
BACKGROUND
Staff received direction from the Board of County Commissioners (BOCe) on November 24, 2014 to explore HB
2229, also known as the Big Look Bill, as it relates to correcting mapping errors of farm and forestlands.1 Three
developments have occurred over the last several months that complicate implementing HB 2229: a January 8,
2015 Department of land Conservation and Development (DLCD) letter! a conversation with former
Community Development Director John Anderson (1978-85), and recent remarks by Jim Rue, DLCD Director
during a meeting in Bend on April 17 with city and county officials.
DIRECTION
Staff seeks direction from the BOCC to initiate a letter to Director Rue respectfully requesting rulemaking for
HB 2229.
Attachment:
Draft LCDC Rulemaking Letter
1 DRS 215.788(1) https:/ /www.oregonlegislature.gov/billsJaws/lawsstatutes/2013ors215.html
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Community Development Department
Planning Division Building Safety Division Environmental Soils Division
Date
Mr. Jim Rue, Director
P.O. Box 6005 117 NW Lafayette Avenue Bend. Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Oregon Department of Land Conservation and Development
635 Capitol St. NE, Suite 150
Salem, OR 97301
Re: HB 2229 I LCDC Rulemaking
Dear Mr. Rue:
Thank you for visiting Deschutes County on April 17,2015 to discuss among other items, non
resource lands and the challenges with implementing House Bill (HB) 2229. The Board of
County Commissioners, following a recommendation from the Planning Commission,
respectfully request the Land Conversation and Development Commission (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.
HB 2229, Section 2(b)(B) directs 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.
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
area must be a geographic area of the county and not individual properties or
subdivisions.
Quality Services Performed with Pride
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 forestland 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
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