[Solar_rulemaking] LCDC staff report with draft solar rule

[Hallyburton, Rob]

The agenda and the department's staff report for the January 24, 2019 hearing on rulemaking regarding solar facilities on farmland before the Land Conservation and Development Commission (Item 6) are available at:
https://www.oregon.gov/lcd/Commission/Pages/LCDC-Meeting-January.aspx.

In addition to transmitting the meeting materials, the department felt it could be helpful to respond to some questions we have received.


1.       Can personal and private solar facilities like a panel to power an irrigation pump, electric fence, or barn still be sited on all soils under the draft rule?

Answer:  Yes. The rule only applies to "commercial utility facilities for the purpose of generating power for public use by sale." (ORS 215<https://www.oregonlegislature.gov/bills_laws/ors/ors215.html>.213(2)(g) and ORS 215.283(2)(g))


2.       Can an exception to the soils threshold be taken so as to site a facility on class I, II, prime or unique soils?

Answer: Yes.  Nothing in the draft rule precludes the opportunity to pursue an exception. Some language changes are proposed to help make this more clear.  Please see Attachment A of the staff report, page 7, lines 30-31.


3.       Can a county approve a conditional use permit for a solar facility on a tract of high-value farmland that is predominantly composed of class I or II, prime, or unique soils on the portion of the tract that has other soils?

Answer:  Yes.  For example -  If an 80-acre tract includes 50 acres of class I, II, prime or unique soils and 30 acres of other soil types, those 30 acres of other soil types remain eligible for a conditional use application for commercial solar development.


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Rob Hallyburton
Rural Policy Analyst
Oregon Department of Land Conservation and Development
635 Capitol Street NE, Suite 150 | Salem, OR 97301-2540
Direct: 503-934-0018 | Cell: 503-931-7823 | Main: 503-373-0050
rob.hallyburton at state.or.us<mailto:rob.hallyburton at state.or.us> | www.oregon.gov/LCD<http://www.oregon.gov/LCD>



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