On January 29, 2019, the Oregon Department of Land Conservation and Development, the state’s land use agency, filed temporary rules amending the standards for siting solar PV facilities on agricultural lands. Although the Land Conservation and Development Commission stopped short of making the changes permanent in order to further consider stakeholder interests at its May 23, 2019 meeting, the Commission carried forward the bulk of the proposed limitations that we discussed in our previous posts here and here. Notably, the commission opted to retain the prohibition on siting solar on Class I or II, Prime or Unique soils. Under the temporary rules, developers may site solar PV on these particular lands only (1) if the county adopts, and an applicant satisfies, land use provisions authorizing sub-20 acre “dual-use” projects or (2) by securing a Statewide Planning Goal Exception. Written comments are due May 7, 2019, and a public hearing will be held on May 23, 2019.
