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Oregon Forest Lands Program

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)

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Oregon Forest Lands Program

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  1. 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

  2. Oregon •  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) Source: Oregon Department of Forestry, Oregon Indicators of Sustainable Forest Management. Data Information and Reporting for Criterion 4, indicator 19.

  3. 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

  4. Legal Limitations on Decision-Making United States Constitution United States Code Federal Level State Level DLCD/ LCDC City / County 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

  5. PLANNING AND REGULATORY ISSUES ON OREGON FOREST LANDS • Which agency or agencies regulates forest practices? • What non-forest uses, such as dwellings, should be allowed in forest areas. • Should the public pay for precluding non-resource uses on forest lands?

  6. 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

  7. Who Regulates Forest Practices? Oregon Board of Forestry Forest Practices Act (1971) • LCDC forest land use goal (1974)

  8. 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

  9. 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

  10. 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

  11. Regulation of Forest Lands III – Current Policy Through Legislative Action (1993-2011) • 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.

  12. 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

  13. 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

  14. Conclusions – Decline of New Dwelling Permits

  15. Questions? Edward J. Sullivan Garvey Schubert Barer esullivan@gsblaw.com 503.553.3106 Please find the article here: http://www.gsblaw.com/pdfs/Land_Use_Policies_OR_Forest_Sullivan.pdf

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