LUBA REMAND HEARING SEPT 12, 2025
PUBLIC PARTICIPATION NEEDED
A remand hearing on Ordinance 24-14, the LAWDUC Housing Amendments, is being held before the Clatsop County Commissioners on Wednesday, September 10, 2025, at 6 pm. Written comments and testimony from the public are needed, as well as community members at the hearing. Attendance is via zoom or in person.
As many will recall, Clatsop County in November 2024 adopted a set of zoning ordinance changes known as the Housing Amendments. There was substantial opposition within our community to some of the changes, most significantly the reduction in minimum buildable lot size from 7500 sq’ to 5000 sq’ in Arch Cape and other rural residential communities.
Oregon Coast Alliance (ORCA) filed an appeal from this legislative action, asserting that the County had failed to perform a cumulative impact analysis as required by Oregon’s statewide land use planning laws. A county seeking to re-zone its unincorporated areas must show that increasing density will not result in public safety hazards, adverse environmental impacts, or exceeding the carrying capacity of the soil or existing water supply resources and sewer services. The County argued this requirement was satisfied by requiring sign-offs by the water, sanitary and fire districts at the time a property owner applies for a new development permit.
In May 2025 LUBA remanded the case to Clatsop County for further proceedings. LUBA held that the County could not increase density and make determinations about public health and safety and environmental carrying capacity through individual lot-by-lot determinations. Instead, the County must undertake a legitimate study of the environmental vulnerabilities and health and safety problems before it can increase density in any of the communities.
Following the remand, ORCA sent a letter to the County addressing the issue:
Clatsop County needs to undertake several kinds of studies across the unincorporated communities to make the necessary determinations that will lead to ordinance changes that would effectively encourage density in appropriate locations. These include a buildable lot inventory; accurate forecasts for local residential population change; storm water drainage and capacity studies; and independent traffic studies. In addition, the County needs to collaborate with the various special districts supplying water and sanitary services to establish and monitor capacity. As the county’s four unincorporated communities are each quite different from one another, these studies must look at the situation in each unincorporated community.
In Supplemental Findings which the Commissioners will consider at the remand hearing, the County reiterates its position that a lot-by-lot assessment should suffice and includes hundreds of pages of decades-old agreements with the Special Districts, The County’s Supplemental Findings can be viewed here at pages 711-719:
The zoom link for the meeting is embedded in the link above.
Written comments should be sent via email to commissioners@clatsopcounty.gov. Include a request that the comments be entered into the official record. Comments will be accepted until the close of the public hearings.
Please Note: Individuals wishing to provide oral comments at the designated meeting time must register in advance by calling (503) 325-1000 or by emailing the Clerk of the Board at commissioners@clatsopcounty.gov by 3:00 PM on the day of the meeting.