Brochure 7 in IRR Series

December 22, 2003

Land Use Committee

Hugo Neighborhood Association & Historical Society

Member of the CACNA Coalition

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To Preserve and Maintain Agricultural Lands

Agricultural lands shall be preserved and maintained for farm use, consistent with existing and future needs for agricultural products, forest and open space and with the state's agricultural land use policy expressed in ORS 215.243 and 215.700.

Uses Counties may authorize farm uses and those nonfarm uses defined by commission rule that will not have significant adverse effects on accepted farm or forest practices.

Agricultural Land1 — in western Oregon is land of predominantly Class I, II, III and IV soils as identified in the Soil Capability Classification System of the United States Soil Conservation Service, and other lands which are suitable for farm use taking into consideration soil fertility, suitability for grazing, climatic conditions, existing and future availability of water for farm irrigation purposes, existing landuse patterns, technological and energy inputs required, or accepted farming practices. Lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands, shall be included as agricultural land in any event.

Farm Use — is as set forth in ORS 215.203.

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.3 The Hugo Neighborhood Association has concerns with the present application of the IRR system in the amendment process.4

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.

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.

Both Oregon Statewide Goals 3 and 4 apply to proposed plan amendments of forest lands to be re- designated to non-resource lands, both indepen-dently and as required by Goal 11, Policy 3.B. of the Josephine County Comprehensive Plan.

Agricultural Land A crucial compliance question as defined by Goal 3 is whether the land is agricultural land1

Application of criteria included in an acknow-ledged comprehensive plan governing redesig-nation 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); DLCD v. Curry County, LUBA No. 96-014 (1997) [December 15, 1997].

• DLCD v. Curry County, 33 Or LUBA 728 (1997).

• Evenson v. Jackson County, 36 Or LUBA 251 (1999).

• Doob v. Josephine County, 31 Or LUBA 275 (1996).

• Brown v. Coos County, 31 Or LUBA 142 (1996).

• DLCD v. Curry County, 28 Or LUBA 205 (1994).

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.

1. OAR 660-033-0020(1)(a) - "Agricultural Land" as defined in Goal 3.

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

3. 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.