County Planning

ORS 215.446
Renewable energy facility

  • application
  • standards
  • notices


(1)

As used in this section:

(a)

“Renewable energy facility” means an electric power generating plant that generates electricity from a renewable energy source.

(b)

“Renewable energy facility” does not mean:

(A)

An energy facility as defined in ORS 469.300 (Definitions);

(B)

A solar photovoltaic power generation facility using:

(i)

100 acres or less located on high-value farmland as defined in ORS 195.300 (Definitions for ORS 195.300 to 195.336);

(ii)

100 acres or less located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or
(iii) 320 acres or less located on any other land;

(C)

A net metering facility as defined in ORS 757.300 (Net metering facility allowed to connect to public utility); or

(D)

A community solar project as defined in ORS 757.386 (Program for procurement of electricity from community solar projects).

(2)

An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416 (Permit application). An applicant must demonstrate to the satisfaction of the county that the renewable energy facility meets the standards under subsection (3) of this section.

(3)

In order to issue a permit, the county shall require that the applicant:

(a)

(A) Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the county, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary;

(B)

Conduct a habitat assessment of the proposed development site;

(C)

Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012 (Wildlife policy); and

(D)

Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18.

(b)

Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are:

(A)

Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.);

(B)

Inventoried in a local comprehensive plan; or

(C)

Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905 (Definitions for ORS 358.905 to 358.961).

(c)

Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the county to secure restoration of the site to a useful, nonhazardous condition.

(d)

Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470 (Powers and duties) (2) and 469.501 (Energy facility siting, construction, operation and retirement standards) that the county determines are applicable.

(e)

Provide the financial assurances described in paragraph (c) of this subsection in the form and at the time specified by the county.

(4)

Upon receipt of a reasonable cost estimate from the state agency or tribe, the applicant and county may jointly enter into a cost reimbursement agreement administered by the county with:

(a)

The State Department of Fish and Wildlife to receive comments under subsection (3)(a) of this section.

(b)

The State Historic Preservation Officer or any affected federally recognized Indian tribe to receive comments under subsection (3)(b) of this section.

(c)

The State Department of Energy to receive comments under subsection (3)(c) and (d) of this section as well as comments regarding other matters as the county may require.

(5)

A county that receives an application for a permit under this section shall, upon receipt of the application, provide notice to persons listed in subsection (6) of this section. The notice must include, at a minimum:

(a)

A description of the proposed renewable energy facility;

(b)

A description of the lots or parcels subject to the permit application;

(c)

The dates, times and locations where public comments or public testimony on the permit application can be submitted; and

(d)

The contact information for the governing body of the county and the applicant.

(6)

The notice required under subsection (5) of this section must be delivered to:

(a)

The State Department of Fish and Wildlife;

(b)

The State Department of Energy;

(c)

The State Historic Preservation Officer;

(d)

The Oregon Department of Aviation;

(e)

The United States Department of Defense; and

(f)

Federally recognized Indian tribes that may be affected by the application. [2019 c.650 §4]
Chapter 215

Notes of Decisions

Published notice is adequate if property owners can reasonably ascertain that property in which they hold interest may be affected. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied

Statutory scheme establishing LCDC and granting it authority to establish state-wide land use planning goals does not unconstitutionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978)

Where county had not yet adopted comprehensive plan but had zoned certain portions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980)

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894

Law Review Citations

36 EL 25 (2006)


Source

Last accessed
Jun. 26, 2021