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Oregon Forest Lands Program. Presented by: Edward J. Sullivan Working in the Urbanizing Landscape: Changing Roles for Natural Resource Professionals Beaverton, OR May 23, 2011. Oregon. 9th largest state, 98,380 sq mi (254,805 sq km) - PowerPoint PPT Presentation
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GSBlaw.com
Oregon Forest Lands Program
Presented by: Edward J. Sullivan
Working in the Urbanizing Landscape:
Changing Roles for Natural Resource Professionals
Beaverton, OR
May 23, 2011
GSBlaw.com 2
Oregon
Source: Oregon Department of Forestry, Oregon Indicators of Sustainable Forest Management. Data Information and Reporting for Criterion 4, indicator 19.
• 9th largest state, 98,380 sq mi (254,805 sq km)
• Nearly one half or 28 million acres out of 61 million acres in forests (11,331,198 hectares out of 24,685,824 hectares)
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Oregon Forest Lands Program
State of Oregon commonly referred to as the “Wood basket to the U.S.”
Oregon was the U.S. leader in lumber production for much of the 1900s
Forestry industry fueled most of the state’s economic growth for past 150 years
52% of Oregon land held in federal ownership (no state jurisdiction)
Unique state land use program
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Legal Limitations on Decision-Making
Federal Level
State Level
DLCD/ LCDC
City / County
United States Constitution United States Code
Oregon Constitution Oregon Revised Statues
19 Statewide Land Use Goals
Oregon Administrative Rules Division 660-
Comprehensive Plans including Transportation System Plan, Utility Plans and Master Plans
Local Land Use Regulations
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PLANNING AND REGULATORY ISSUES ON OREGON FOREST LANDS
a. Which agency or agencies regulates forest practices?
b. What non-forest uses, such as dwellings, should be allowed in forest areas.
c. Should the public pay for precluding non-resource uses on forest lands?
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Oregon Planning Structure
Planning Structure –Land Conservation and Development Commission (“LCDC”) (1973)
State Planning Laws – ORS Chapters 197, 215, 227
Statewide Planning Goals, Including Goal 4, Forestry
LCDC Administrative Rules (after 1982)
Regional, City and County Comprehensive Plans, Land Use Regulations and Actions
Land Use Board of Appeals (“LUBA”) and Appeal Courts
Acknowledgments
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Oregon Board of Forestry Forest Practices Act (1971)
LCDC forest land use goal (1974)
Who Regulates Forest Practices?
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Regulation of Forest Lands I – Early Efforts (1974-82)
• Adoption of Goal 4 – “To Preserve Forest Lands for Forest Use” (1974)
• Non-binding “Forest Policy” and “Common Questions” papers for guidance
• Conflicting policy interpretations among:
LCDC
LUBA
Appellate court opinions
• Need to rationalize policy-making
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Regulation of Forest Lands II – Rulemaking Attempts (1982-93)
First Administrative Rules (1982)
Inventory and designation of forest lands in plans
Land use regulations to protect forest lands
Non-forest uses and dwellings not addressed (no consensus), leading to policy vacuum, filled by LUBA and judiciary
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Regulation of Forest Lands III – Current Policy Through Legislative Action (1993-2011)
Environmental Regulations and market conditions devastate industry during 1980s and 1990s. Wilderness Act (1964)Endangered Species Act (“ESA”) (1969)Nt’l. Env’l Policy Act (“NEPA”) (1973)
Thus: Struggle for control over land use and
forest practice regulation Some forest land owners seek an
alternative: sale of lands for rural residential use
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• Inventory and designation, generally by soil type
• 80 acre (32.37 hectares) minimum lot size
• “Lots of record,” “template dwellings,” and “large tract dwellings”
• Forest uses allowed outright
• Non-forest uses and dwellings allowed only conditionally, if at all.
Regulation of Forest Lands III – Current Policy Through Legislative Action (1993-2011)
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Preemption of Most Local Land Use Regulations by Oregon Forest Practices Act
• LCDC protection of natural resources in forest areas by Goal 5 vs. Board of Forestry regulation of forest practices
• 1979 and 1987 legislative action makes Board of Forestry regulations superior to LCDC goals regarding forest practices
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The “Pay or Waive” Controversies
Forestry industry supports Measures 7 (2002) and 37 (2004)
•Payment for “lost value” from land use regulation or waiver of that regulation
•Administrative chaos and voter reaction
•Measure 49 some additional residential dwellings
•Forest landowner hedge against some forest practice regulations
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Conclusions – Decline of New Dwelling Permits
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Questions?
Edward J. Sullivan
Garvey Schubert Barer
503.553.3106
Please find the article here:http://www.gsblaw.com/pdfs/Land_Use_Policies_OR_Forest_Sullivan.pdf