AR25-015 Staff Decision - Laserfiche WebLink

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E. For purposes of this section, potential impacts to farm and forest practices or the cost of farm and forest practices, impacts relating to the construction or installation of the proposed use shall be deemed part of the use itself for the purpose of conducting a review under this section. F. In the consideration of potentially mitigating conditions of approval under ORS 215.296(2), the governing body may not impose such a condition upon the owner of the affected farm or forest land or on such land itself, nor compel said owner to accept payment to compensate for the significant changes or significant increases in costs described in this section. The applicant addressed the farm impacts test by stating that the project will not result in any discharges or emissions to the environment, and that they are committed to environmentally responsible development. The applicant went on the state that if the county requires them to determine environmental monitoring and mitigation plans, then they would be willing to do so sometime in the future. The applicant provided no information about how the environmental monitoring could be conducted or what mitigation plans would entail. The applicant provided no detailed information about the environmental impacts of covering 15 acres with lithium batteries. The applicant did not provide a detailed description of the surrounding lands or agricultural activities. The applicant did not provide any information about how the BESS might impact the surrounding agricultural activities. The limited evidence on the record does not support the claim that the project will neither result in change in, or significantly increase the cost of, farm activities in the area. The proposed BESS is not a utility facility necessary for public service, but if it was, the proposal would not pass the farm impacts test as required by this criterion. d. In addition to the provisions above, the establishment or extension of a sewer system as defined by OAR 660- 011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions of OAR 660-011-0060. e. The provisions of this subsection do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission. f. If the criteria contained in this subsection (I) for siting a utility facility on land zoned for exclusive farm use are met for a utility facility that is a transmission line, the utility provider shall, after the route is approved by the siting authorities and before construction of the transmission line begins, consult the record owner of high-value farmland in the planned route for the purpose of locating and constructing the transmission line in a manner that minimizes the impact on farming operations on high-value farmland. If the record owner does not respond within two weeks after the first documented effort to consult the record owner, the utility provider shall notify the record owner by certified mail of the opportunity to consult. If the record owner does not respond within two weeks after the certified mail is sent, the utility provider has satisfied the provider’s obligation to consult. The requirement to consult under this section is in addition to and not in lieu of any other legally required consultation process. For the purposes of this subsection: i. “Consult” means to make an effort to contact for purpose of notifying the record owner of the opportunity to meet. ii. “Transmission line” means a linear utility facility by which a utility provider transfers the utility product in bulk from a point of origin or generation, or between transfer stations, to the point at which the utility product is transferred to distribution lines for delivery to end users. No sewer system is proposed. The proposed facility is not a natural gas pipeline or transmission line. The proposed BESS is not a utility facility necessary for public service, but if it was, the above criteria d, e, & f would not apply. 18. Battery Energy Storage Systems are not an identified use in any zone in Marion County Code. The applicant applied for this BESS as if it were a utility facility necessary for public service, but BESSs are not utility facilities necessary for public service. If a BESS could be approved as a utility facility necessary for public service, this proposal would be unable to satisfy the applicable criteria. The application is DENIED. Brandon Reich Date: August 1st, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact John Speckman at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.