Oregon reviewers may grant land use exceptions for energy projects

The Energy Facility Siting Council may grant an exception to a statewide land use goal for a proposed energy facility. This applies when the council reviews a proposed energy facility under statewide land use goals. The council may grant an exception if land is already developed, is committed to uses that make allowed uses impractical, or meets standards about state policy, impacts, and compatibility. If a project uses unused capacity at an existing energy facility’s grid connection and needs no transmission lines more than two miles from that facility, the council must find that the reason for setting aside the goal is justified. The act took effect June 5, 2026.

Counties must require renewable energy facility applicants to meet land use permit standards, including wildlife review and plans to address habitat impacts. These standards apply to renewable energy facilities seeking county land use permits, including specified solar, wind, and geothermal projects. Applicants must consult the state wildlife department before filing a final application, assess habitat, and plan to address significant wildlife impacts under state rules. Applicants must show that, after mitigation, construction and operation will not significantly harm specified historic, cultural, or archaeological resources, and that the site can be restored to a useful, safe condition when work permanently ends. A cleanup plan backed by a bond or other security is required for solar facilities above specified acreage limits and wind facilities with capacity of at least 50 but less than 100 megawatts. The act took effect June 5, 2026.

A county may justify an exception to an agricultural land use goal for a renewable energy facility that uses unused capacity at an existing energy facility’s grid connection. This applies when county approval requires an exception to a state land use goal for agricultural lands. The project must not need transmission lines more than two miles from the existing energy facility, and the electricity it delivers must not exceed that facility’s original grid connection capacity. The county must make findings about suitable nonresource land, existing infrastructure and access, public safety, nearby farm and rural uses, mitigation of effects on land uses, farm practices, and water, and compliance with applicable requirements. The act took effect June 5, 2026.