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Hugo Neighborhood Association & Historical Society

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What Are Resource Lands?
Woodlot Resource To Non-Resource Lands
Evaluation: Internal Rate of Return - IRR
Top IRR Rated Agricultural Lands
Non-rated Soils & IRR System
Quasi-Judicial Plan Amendments
Compliance With Goal 3 -- Agricultural Lands
Compliance With Goal 4 - Forest Lands
Brown Report: IRR Zoning
Composite IRR

 

QUASI-JUDICIAL PLAN AMENDMENTS

Brochure 6 in IRR Series

December 22, 2003

Land Use Committee
Hugo Neighborhood Association & Historical Society
Member of the CACNA Coalition
__________

Goal 11, Policies 2 & 3 Josephine County Comprehensive Plan1

Goal 11, Policy 3.B.(1) This comprehensive plan policy permits requests involving changes for lands from a resource designation (i.e., woodlot resource) to a non-resource designation through the internal rate of return, or IRR procedure.2

"A lot or parcel is considered forest land when the predominant (more than 50%) soil or soils on the parcel have an internal rate of return of 3.5 or higher (if a single forest-rated soil is present), or composite internal rate of return of 3.5 or higher (if multiple forest-rated soils are present)."

Plan Amendments Josephine County by adopting the IRR system, has imposed requirements in addition to compliance with the Oregon Statewide goals for plan amendments relating to forest lands. Goal 11, Policy 2.B. requires either an exception to the goals or a showing that the subject lands are not lands protected by the goals. Goal 11, Policy 3.B.(1) is a definition of forest land. The county's definition cannot supercede any definition of forest land found in statute or the goals. However, the county can impose regulations that are more restrictive - i.e. that offer more protection to resource lands - than state law or regulations.

The Hugo Neighborhood Association has concerns with the present application of the IRR system in the amendment process.3

Woodlot to Rural Residential & Plan Amendments

ORS 197.175(2)(a) - Each city and county in Oregon shall prepare, adopt, amend and revise comprehensive plans in compliance with goals approved by the Land Conservation & Development Commission.

ORS 197.835(6) - The board shall reverse or remand an amendment to a comprehensive plan if the amendment is not in compliance with the goals.

Application of criteria included in an acknowledged comprehensive plan governing redesignation of resource lands does not obviate the requirement that comprehensive plan and land use regulation amendments comply with the statewide planning goals. DLCD v. Curry County, 33 Or LUBA 728 (1997).

All comprehensive plan amendments must comply with the Statewide Planning Goals. When adopting a comprehensive plan amendment, it is the local government's obligation to explain in its findings why the plan amendment complies with the goals or why arguably applicable goal standards need not be addressed and satisfied. O'Rourke v. Union County, 29 Or LUBA 303 (1995). It is well established that all plan amendments must comply with the goals.

LUBA Opinions

If a county's comprehensive plan and land use regulations have been acknowledged by the Land Conservation and Development Commission pursuant to ORS 197.251, the statewide planning goals are directly applicable to a challenged land use decision only if the decision amends the county plan. DLCD v. Fargo Interchange Service District, 27 Or LUBA 150 (1994).

Foland v. Jackson County, 311 Or App 167, 807 P2d 801 (1991).

1000 Friends of Oregon v. Jackson County, 79 Or App 93, 718 P2d 753 (1986) rev den 301 Or 445 (1987).

Murray v. Marion County, 23 Or LUBA 268 (1992).

• 1000 Friends of Oregon v. Washington County, 17 Or LUBA 671, 685 (1989), citing Jackson-Josephine Forest Farm Assn. v. Josephine County, 12 Or LUBA 40, 43 (1984).

• Concerned Property Owners of Rocky Point. v. Klamath County, 3 Or LUBA 182, 185 (1981).

More Information. Would you like to learn more about citizen involvement in land use planning? Contact a member of the Land Use Committee of the Hugo Neighborhood.

Disclaimer. This brochure is as much about providing information and provoking questions as it is about opinions concerning the adequacy of findings of fact and land use decisions. It does not provide recommendations to citizens and it is not legal advice. It does not take the place of a lawyer. If citizens use information contained in this paper, its their personal responsibility to make sure that the facts and general information contained in it are applicable to their situation. (Link)

1. Josephine County. October 2000. The Comprehensive Plan For Josephine County. Grants Pass, OR.

2. Lawrence F. Brown. 1985. Using The Internal Rate Of Return To Rate Forest Soils For Applications In Land Use Planning. Grants Pass, OR.; Michael Snider. 1999. Locational Factors Affecting Woodlot Resource Lands. Josephine County Planning Office. Grants Pass, OR.

3. Hugo Neighborhood Association & Historical Society. 2003. Woodlot Resource To Non-Resource Lands; Evaluation: Internal Rate of Return - IRR; Top IRR Rated Agricultural Lands; Unrated Soils Versus IRR System. Grants Pass, OR.

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2012 Hugo Neighborhood Association & Historical Society