Yesterday I was pleased to be one of about three dozen people who roundly said, "No way!" to the Big Look task force's attempt to weaken Oregon's highly successful land use planning system.
As noted previously by someone I highly respect (namely, me), the task force spent a lot of time, money, and energy coming up with astoundingly wrong-headed proposed legislation for the 2009 session.
Somehow the Big Look managed to simultaneously conclude that: (1) Oregon's current land use laws are doing a great job protecting farm and forest land, and (2) the laws need to be changed so less farm and forest land is protected.
Huh?
This was the entirely justified reaction of virtually every person who took the opportunity to testify (for two minutes, more or less) before the House Land Use Committee public hearing on HB 2229.
[Update: The committee has scheduled two additional public hearings on HB 2229, both on Tuesday, February 10. More info. about the hearings is here.]
I was at the hearing for 80 minutes. During that time I can recall only two people speaking in favor of the bill. More than thirty trashed it in various degrees.
Some parts of the proposed legislation were viewed as acceptable, or even desirable. But sections 5-8 received an almost unanimous thumbs-down from a wide range of groups and individuals.
Including me. Here's the testimony that I submitted on behalf of our neighborhood's Keep Our Water Safe committee.
Download HB 2229 testimony PDF
I focused, as did quite a few others, on how it'd be a really bad idea to allow counties the option of redefining farm and forest land so subdivisions could sprout instead of crops and trees.
Politicians (county commissioners) would be lobbied by aspiring real estate developers to rezone their farm or forest properties. The last thing Oregon needs is increased politicization of our land use system. Yet the Big Look task force has called for just that.
There were quite a few moving moments at the hearing.
Some people spoke of how their relatives had come on wagon trains over the Oregon trail to settle here. They are still farming the ancestral land, and are deeply concerned about dismantling Oregon agriculture so urban sprawl can Californiaize our beautiful landscape.
Along that line, another person said that he'd escaped the Santa Clara valley many years ago (as did I, having gone to college at San Jose State before moving to Portland for graduate work). He didn't want to see Oregon become what he'd fled from.
I enjoyed the remarks of a man from southern Oregon, which were along the lines of:
"Coos and Curry counties are some of the last holdouts of the pioneer spirit. People there don't like to be told what to do. County commissioners don't appreciate directives coming from Washington, D.C. Nor from Salem. That's why HB 2229 shouldn't be passed -- the legislature can't allow these guys to screw up the south coast."
Today the Salem Statesman Journal ran a story about the hearing. I left a comment on the SJ web site critiquing reporter Peter Wong's coverage. He fell prey to the "fair and balanced" B.S., where one quote from an opponent has to be balanced by one quote from a supporter, even though over 90% of the testimony at the hearing was against HB 2229.
[Update: got an email today with info. about Henry Pir, the guy quoted in the SJ story who claims that he isn't able to replace a house that burned down. I was told:
He states that he "just wants to rebuild a house that burned". What B.S.
What he forgets to mention is that:
1) It burned sometime around 1990.
2) That was two owners ago.
The county turned him down twice and then, wouldn't you know it, the commissioners gave him the OK. This was appealed to LUBA by neighbors and Pir threw in the towel early apparently knowing of certain failure.
Such is largely confirmed by minutes of a Marion County Board of Commissioners meeting.
Download 050708BoardSessionMinutes
So this actually shows that the land use system is operating fairly, but that local elected officials often try to grant certain favored people a dispensation from rules that should apply to everybody -- which is precisely why HB 2229 is such a bad idea.]
Here's an excerpt from my testimony, most of which I read to the committee before getting the "your two minutes are up" signal.
Excerpt from Keep Our Water Safe committee testimony on HB 2229:
Please keep in mind that for every property owner who considers that his or her farm/forest land is wrongly zoned and wants to turn it into a subdivision, there are many more neighbors of the property who also have property rights -- such as the right to not have their wells go dry from excessive development.
The Big Look task force appears to have focused on unfairness in the land use system as perceived by the first relatively small group of people. We can assure you, from extensive contacts with large numbers of neighbors, that many more people are concerned about another type of unfairness.
This occurs when local land use decisions are made not on the basis of facts and statutory standards, but from preconceived notions of decision-makers that stem from their political and philosophical beliefs regarding property rights, environmental protection, and other issues.
Obviously there’s nothing wrong with having such beliefs. However, the land use system needs to be founded on a “rule of law” that is seen as applying to everyone equally. Our court system works as well as it does because judges generally are viewed as being able to let universal legal standards guide their decisions, not their personal biases.
So we can assure you that allowing county elected officials to initiate changes to how farm and forest lands are defined on a local level will be viewed by most people in our area as a movement away from fairness and equity for all Oregonians, the stated Big Look task force goal.
Oregon’s land use system currently is working well. It is protecting irreplaceable farm and forest land, while allowing considered, carefully thought-out regional variations in land use practices. It would be wrong to pass the provisions of HB 2229 that encourage a politicization of land use decisions. This is the wrong direction Oregon needs to go.
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