[DLCD-Rulemaking] DLCD Rulemaking Notice:

[Tuttle, Casaria R.]

TO: Interested Persons

FROM: The Department of Land Conservation and Development

RE: Public Hearing and Possible Adoption of Proposed Permanent
Amendments to Administrative Rules Regarding the Siting of Commercial
Photovoltaic Solar Power Generation Facilities on Lands Planned and Zoned for
Exclusive Farm Use, OAR chapter 660-033-0130

The Land Conservation and Development Commission (LCDC) is considering amendments to
administrative rules at OAR chapter 660-033-0130, regarding the siting of commercial photovoltaic
solar power generation facilities on Oregon's farm and ranch lands. In October 2011, the
commission finalized rules in OAR 660 Division 33, related to siting of solar photovoltaic energy
generation facilities on farmland. The adoption of the rules culminated over one year's study of the
issue, and included recommendations from a rules advisory committee. In the 2012 legislative
session, the House Energy, Environment and Water committee held an informal briefing regarding
siting of solar facilities and invited LCDC chair Worrix and Governor Kitzhaber's Natural Resources
Advisor Richard Whitman to testify. During the hearing, LCDC was requested to consider revising
its recently adopted rule to raise the allowable acreage threshold for siting a solar photovoltaic
from 100 acres to 250 acres on non-arable EFU zoned lands facility without taking an exception to
Goal 3. Chair Worrix agreed to take that request to the commission.

The proposed rule amendment then, raises the threshold for a permit for development on nonarable
farmland to 250 acres as a conditional use. Applications for a development size between 100
and 250 acres would be processed by the Energy Facilities Siting Council (EFSC), using DLCD rules.
A public hearing regarding the proposed permanent rules will be held at the regularly scheduled
LCDC meeting on Thursday May 10, 2012 at 635 Capitol St. (basement hearing room), Salem,
Oregon. The meeting will begin at 8:30 a.m. The commission will take public testimony and
consider the staff recommendation on the proposed permanent rules. Written and oral comments
will be accepted until the close of the hearing on May 10, 2011.

To obtain a copy of the draft proposed permanent rule amendments, statements of need and fiscal
impact, or to be placed on a mailing list, contact Lisa Howard at (503) 373-0050 Ext. 271, or email
cassaria.r.tuttle at state.or.us. Address written comments to the Chair of the Land Conservation and
Development Commission, care of Casaria Tuttle, 635 Capitol Street, Ste. 150, Salem, OR 97301.


For questions about this rulemaking, contact Jon Jinings at (541) 318-2890 or Michael Morrissey, at
(503) 373-0050 Ext. 320. Jon may be reached by email at jon.jinings at state.or.us. Michael may be
reached at michael.morrissey at state.or.us. Information may also be obtained from the DLCD
website: http://www.lcd.state.or.us/.

Casaria Taylor | Rules, Records & Policy Coordinator/Asst to Deputy Director
Oregon Dept. of Land Conservation and Development
635 Capitol Street NE, Suite 150 | Salem, OR  97301-2540
Office: (503) 373-0050 ext. 322 | Cell: (503) 383-8911 | Fax: (503) 378-5518
casaria.r.tuttle at state.or.us<mailto:casaria.r.tuttle at state.or.us> | www.oregon.gov/LCD<http://www.oregon.gov/LCD>

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