1 / 15

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)

jason
Télécharger la présentation

Oregon Forest Lands Program

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  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

More Related