Land Use Board of Appeals
If an applicant or appellant disagrees with Polk County’s final decision on a land use application, the next step is an appeal to Oregon state’s Land Use Board of Appeals (LUBA). In the past Friends of Polk County as an organization or our board members as individuals have participated in ten LUBA appeals. In 8 of these, we disagreed with the County decision. In 2 cases, we agreed with the County’s decision to deny the applicant, but the applicant appealed to LUBA and we participated as a “respondent” supporting Polk County’s decision.
Examples of contested land use decisions:
Creation of 5-acre parcels in Farm/Forest Zone
(LUBA 11-022)
Weyerhaeuser Real Estate Development Company tried to get recognition of some subdivision parcel lot lines made in 1911 to create 5-acre parcels in the Farm/Forest Zone in Polk County. The Planning Director and Board of Commissioners denied the request. Friends of Polk County agreed with the county’s decision that the subdivision made in 1911 is no longer valid and the property cannot be adjusted to form the 5-acre parcels. Weyerhaeuser appealed the decision to the Land Use Board of Appeals. Friends of Polk County had legal counsel to intervene in this case. LUBA affirmed the County’s decision.
Weyerhaeuser further appealed the decision to the Oregon Court of Appeals. Friends of Polk County also intervened at this level. The Oregon Court of Appeals affirmed LUBA’s decision.
Protection of 200+ Acres Farm Land in Eola Hills Area
A Hard-Won Legal Battle to Protect Over 200 Acres Farm Land in Polk County
(LUBA 21-007)
Since 2015 Friends of Polk County (FPC) have been opposing the rezoning of 200+ acres of Exclusive Farm Land in the Eola Hills area. We opposed the rezoning at the county and state levels because the land was suitable for farm and forest uses despite the owners claim otherwise.
The owners wanted to rezone the land in order to build 16–19 luxury homes on the property. We submitted written and oral testimony in opposition to the rezoning. The property was being farmed and about half was designated as good soils for forestry, hence a rezoning was not in compliance with local or state regulations. In the first round of review, the Hearings Officer recommended denial of the application and the owners withdrew the application before a second hearing was scheduled before the county commissioners.
The applicants hired a different attorney and requested rezoning of the property again in 2018 (or 2019). Basically, the application was the same as before. The applicants’ attorney argued that the property is most suitable for high-end dwellings and hobby farms. The property is surrounded on three sides by resource land (farms and forests) and increased number of dwellings would be detrimental to continued farm and forest use and would increase fire risks for all surrounding property owners. We were represented by Sean Malone to oppose this rezoning with help from 1000 Friends attorney, Andrew Mulkey. Again, we submitted written and oral testimony in opposition to the rezoning. Again, the Hearings Officer recommended denial of the application. In a 2-1 vote the Polk County Commissioners sided with us — the county hearings officer, and 1000 Friends of Oregon. This decision protects the agricultural land from fragmentation into small-acre residential development.
The county's decision was unsuccessfully appealed to the Land Use Board of Appeals by the applicant. Financial support was contributed by our members who have donated funds specifically for land use appeals.
Because we are a non-profit land use advocate group we receive legal support at a reduced rate, but it is still expensive. The total cost for Friends of Polk County for this second round of reviews and appeal came to about $5,000 and we are grateful for our members’ support.
Our victory underscores the importance of local participation in land use planning, and the persistence required to ensure the long-term success of agriculture. Unchecked sprawl is one of the common threats Oregon’s farmland faces. Thankfully, Oregon’s land use planning program offers our irreplaceable farmland some protections in the form of Exclusive Farm Use (EFU) zoning.