ORS Chapter 197 — Comprehensive Land Use

ORS 197.732. Goal exceptions; criteria; rules; review. (1) As used in this section: (a) Compatible is not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses. (b) Exception means a comprehensive plan provision, including an amendment to an acknowledged comprehensive plan, that: (A) Is applicable to specific properties or situations and does not establish a planning or zoning policy of general applicability; (B) Does not comply with some or all goal requirements applicable to the subject properties or situations; and (C) Complies with standards under subsection (2) of this section. (2) A local government may adopt an exception to a goal if: (a) The land subject to the exception is physically developed to the extent that it is no longer available for uses allowed by the applicable goal; (b) The land subject to the exception is irrevocably committed as described by Land Conservation and Development Commission rule to uses not allowed by the applicable goal because existing adjacent uses and other relevant factors make uses allowed by the applicable goal impracticable; or (c) The following standards are met: (A) Reasons justify why the state policy embodied in the applicable goals should not apply; (B) Areas that do not require a new exception cannot reasonably accommodate the use; (C) The long term environmental, economic, social and energy consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed site; and (D) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. (3) The commission shall adopt rules establishing: (a) That an exception may be adopted to allow a use authorized by a statewide planning goal that cannot comply with the approval standards for that type of use; (b) Under what circumstances particular reasons may or may not be used to justify an exception under subsection (2)(c)(A) of this section; and (c) Which uses allowed by the applicable goal must be found impracticable under subsection (2) of this section. (4) A local government approving or denying a proposed exception shall set forth findings of fact and a statement of reasons that demonstrate that the standards of subsection (2) of this section have or have not been met. (5) Each notice of a public hearing on a proposed exception shall specifically note that a goal exception is proposed and shall summarize the issues in an understandable manner. (6) Upon review of a decision approving or denying an exception: (a) The Land Use Board of Appeals or the commission shall be bound by any finding of fact for which there is substantial evidence in the record of the local government proceedings resulting in approval or denial of the exception; (b) The board upon petition, or the commission, shall determine whether the local governments findings and reasons demonstrate that the standards of subsection (2) of this section have or have not been met; and (c) The board or commission shall adopt a clear statement of reasons that sets forth the basis for the determination that the standards of subsection (2) of this section have or have not been met. (7) The commission shall by rule establish the standards required to justify an exception to the definition of needed housing authorized by ORS 197A.348. (8) An exception acknowledged under ORS 197.251, 197.625 or 197.630 (1) (1981 Replacement Part) on or before August 9, 1983, continues to be valid and is not subject to this section. [1983 c.827 19a; 1995 c.521 3; 2005 c.67 1; 2007 c.71 68; 2011 c.354 6] (Temporary provisions relating to goals exception for rural solar power facilities) Note: Sections 35 to 37a, chapter 442, Oregon Laws 2023, provide: Sec. 35. (1) On or before November 3, 2023, the Land Conservation and Development Commission shall adopt rules to allow a local government to consider a photovoltaic solar power generation facility a rural industrial use for purposes of justifying a reason for an exception under ORS 197.732 (2)(c)(A). (2) On or before July 1, 2025, the commission shall adopt rules: (a) Establishing criteria through which local governments may be permitted or required to allow the siting of a photovoltaic solar power generation facility, including criteria that consider: (A) Potential conflicts with other resource lands; and (B) Soliciting public feedback from neighboring landowners or residents; and (b) Identifying the characteristics of lands in Eastern Oregon, as defined in ORS 321.700, best suited for counties to allow, encourage and incentivize photovoltaic solar power generation facilities, based on consideration of: (A) The lands suitability for contributing to the states clean energy goals; (B) Site characteristics, resource potential, proximity to current and future transmission access and locations for potential interconnection; and (C) The ability to readily avoid negative impacts on natural resources, forestry, habitat, agriculture, community needs and historic, cultural or archeological resources, or to readily minimize or mitigate those negative impacts. [2023 c.442 35] Sec. 36. The Department of Land Conservation and Development may enter into intergovernmental agreements under ORS chapter 190 with other state agencies, tribal governments and counties, for the purposes of: (1) Supporting the Land Conservation and Development Commission in adopting rules under section 35 of this 2023 Act; (2) Furnishing information or technical assistance; (3) Providing feedback on the membership and work of the Rules Advisory Committee for Siting Photovoltaic Solar Power Generation Facilities established under section 37 of this 2023 Act; (4) Identifying opportunities to streamline permitting and review processes across and between state agencies; and (5) With regard to tribal governments, consulting on how best to protect historic, cultural or archeological resources without revealing sensitive information. [2023 c.442 36] Sec. 37. (1) The Rules Advisory Committee for Siting Photovoltaic Solar Power Generation Facilities is established to serve as an advisory committee, as described in ORS 183.333, to the Land Conservation and Development Commission in adopting administrative rules under section 35 (2) of this 2023 Act. (2) The Department of Land Conservation and Development shall appoint the members of the rules advisory committee. In appointing members, the department shall solicit and consider recommendations for membership from: (a) Public bodies; (b) Tribal governments; (c) Federal and state agencies; (d) Energy, community and conservation advocates; and (e) Individuals who have expertise in the energy or natural resources industries, including renewable energy developers, utilities and agricultural producer associations. (3) The membership of the rules advisory committee shall consist of at least 17 members, including: (a) At least two members representing a tribal government or county; (b) At least one member who represents public bodies; (c) At least one member who represents small-scale renewable energy developers; (d) At least one member who represents large-scale renewable energy developers; (e) At least one member who has expertise in community renewable energy development; (f) At least one member who has expertise in renewable energy siting, policy or planning; (g) At least one member who has expertise in transmission siting; (h) At least one member who represents electric utilities, as defined in ORS 757.600; (i) At least one member who represents the labor interests of the clean energy or renewable energy workforce; (j) At least one member who represents environmental justice communities, as defined in ORS 469A.400; (k) At least one member who represents owners of irrigated or dryland farmland or rangeland; (L) At least one member who has expertise in habitat conservation, preservation and restoration; (m) At least one member who has expertise in land and water use; (n) At least one member who has expertise in rural economic development; (o) At least one member who has expertise in industrial forestland management; and (p) At least one member who has expertise in small woodland management. (4) In addition to its duties under subsection (1) of this section, the rules advisory committee shall prepare a report that includes: (a) A summary of the rules adopted under section 35 of this 2023 Act; (b) Review of renewable energy siting assessment tools used by the State Department of Energy and recommendations regarding missing or outdated data sets; (c) Review of existing practices relating to mitigation of impacts of photovoltaic solar power generation facilities and transmission development and recommendations for: (A) Mitigating impacts on farming practices on agricultural lands through best practices and land use regulations; (B) Mitigating impacts on fish and wildlife habitat in accordance with the policies described under ORS 496.012 and 506.109; (C) Supporting certainty for developers regarding mitigation requirements within the siting process; and (D) Identifying characteristics and considerations of regional and local habitats that may require specific mitigation practices; and (d) Recommendations for technical assistance resources to support county siting processes and the engagement of public bodies, tribal governments and communities in the siting process for renewable energy and transmission development. (5)(a) On or before September 15, 2025, the Department of Land Conservation and Development shall provide an interim copy of the report under subsection (4) of this section to an appropriate interim committee of the Legislative Assembly in the manner provided in ORS 192.245. (b) On or before December 31, 2025, the department shall provide a copy of the final report under subsection (4) of this section to, and seek feedback from: (A) Regional energy planning entities; (B) The Energy Facility Siting Council; (C) The Environmental Justice Council; (D) The Land Conservation and Development Commission; (E) The State Department of Fish and Wildlife; (F) The State Department of Agriculture; and (G) Relevant federal agencies, including the United States Department of Defense, the Bureau of Land Management, the United States Forest Service and the Bonneville Power Administration. (6) A majority of the members of the rules advisory committee constitutes a quorum for the transaction of business. (7) Official action by the rules advisory committee requires the approval of a majority of the members of the rules advisory committee. (8) The rules advisory committee may adopt rules necessary for the operation of the rules advisory committee and form subcommittees. (9) In addition to other scheduled meetings, the rules advisory committee shall also meet at least four times a year in different parts of this state where there is considered, planned or ongoing renewable energy and transmission development. (10) In performing their duties under this section, the Department of Land Conservation and Development and the rules advisory committee shall coordinate with and support any efforts to establish a statewide energy strategy. (11) The department shall contract with a third party or parties to provide support to the rules advisory committee, including support related to: (a) Facilitating and coordinating meetings; and (b) Furnishing data, maps and technical assistance. (12) A member of the rules advisory committee is entitled to compensation and expenses as provided in ORS 292.495. [2023 c.442 37] Sec. 37a. Sections 36 and 37 of this 2023 Act are repealed on January 2, 2026.