Oregon county to reconsider one-mile CAFO setback

Published 9:30 am Monday, June 10, 2024

The Linn County Board of Commissioners plans to reopen public comment and reconsider limitations on confined animal feeding operations to determine whether new rules also restrict farms that raise cattle and swine.

In December, commissioners voted to require that CAFOs include a minimum one-mile setback from residential property lines in response to large poultry operations proposed near Scio.

But in May, the board discussed the issue again and commissioners said they didn’t fully understand the implications of the decision — commissioners were focused on poultry alone, and nothing on the record indicated whether the setback should apply to cattle or swine.

Commissioner Sherrie Sprenger said acknowledging a mistake in the matter was simply good governance and the record should be reopened to hear the impacts residents could face, according to May 14 meeting minutes.

Reopening the record for written comments is scheduled to be discussed at the board’s June 11 meeting, said Alex Paul, county spokesman.

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If the record is reopened, written comments can be submitted until 5 p.m. June 17 at aboles@co.linn.or.us or planoffice@co.linn.or.us.

Linn County commissioners could review new materials and make a decision on the matter at their June 18 meeting.

Uncertainty remains

Sprenger also said at the May 14 meeting that the administrative rule process wasn’t complete for Senate Bill 85 at the time commissioners made their December decision, and that could change conditions.

Uncertainty remained about SB 85, and the state Department of Agriculture hadn’t issued any administrative rules or interpretations for clarification, county staff said.

Commissioner Will Tucker responded that finalizing things could take the state of Oregon a long time.

He added that reopening the record might introduce other concerns that could require multiple hearings.

Though Tucker remained in favor of the setback for poultry, he wanted to revisit the issue so the board could make the correct decision.

A motion to reopen the matter and hold a public hearing passed unanimously.

SB 85 background

Opponents to the large poultry operations proposed in Linn County took their concerns to the state Legislature, which passed SB 85 concerning how CAFOs are permitted.

SB 85 gives counties the authority to impose setbacks between farms and their neighbors to mitigate conflicts over traffic and odor.

In December, Linn County became the first jurisdiction to adopt setbacks under Senate Bill 85.

The Linn County Planning Commission initially recommended a three-quarter mile buffer, but commissioners increased it to a minimum of a mile.

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