[DLCD-Rulemaking] DLCD - Temporary Rules Adopted for Solar and Power Generation on Farmland

[Taylor, Casaria]

Date:               7/30/2018
To:                   Rulemaking List
From:               Rules Coordinator
Subject:           Temporary Rules Adoption Notice

This e-mail message provides the notice of the Department of Land Conservation and Development rulemaking that you have requested.

CAPTION: Temporary Rules Adopted for Solar and Power Generation on Farmland

SUMMARY: The commission has adopted temporary rules that make a minor rule revision in order to clarify the Minimum Standards applicable to the Schedule of Permitted and Conditional Uses (OAR 660-033-0130). A recent interpretation of the rule in Clackamas County led to inconsistent interpretation of the rule around the state, and construed the rule in a manner that permits solar projects larger than 12 acres on High Value Farmland, without taking a goal exception. LCDC's intention in the original rule was to require counties to take a goal exception for solar facilities that would occupy more than 12 acres of high value farmland soils. In addition, the temporary rule amendment makes consistent revisions to the rules for solar and other power generation facilities on arable and non-arable farmland soils to assure consistency in application, as was LCDC's intent.


The rules will be in effect for up to 180 days.

WEBSITE:

*         The rule text can be found online at: https://www.oregon.gov/LCD/Pages/Rules.aspx#Temporary_Rule_-_Solar_Power_Generation_Facilities_on_Farmland


*         Staff Report for Rulemaking, Statement of Need, Housing Impact Statement and the Rules are available under Agenda Item 6 at: https://www.oregon.gov/LCD/Pages/lcdc_meeting_reports_072718.aspx

Staff Contact:
            Rules Coordinator, Department of Land Conservation and Development
            635 Capitol St., Ste. 150
            Salem, Oregon 97301
            Or via email to: casaria.taylor at state.or.us<mailto:casaria.taylor at state.or.us>

If you no longer wish to receive notice of the Department of Land Conservation and Development's rulemaking activities, you may respond to this message and ask to be removed from the mailing list.


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) 934-0065  | Fax: (503) 378-5518
casaria.taylor at state.or.us | www.oregon.gov/LCD<http://www.oregon.gov/LCD>

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