Columbia Riverkeeper v. Columbia County

“[W]hen a local government takes a reasons exception, ‘plan and zone designations must limit the uses, density, public facilities and services, and activities to only those that are justified in the exception.’” OAR 660-004-0018(4)(a).

Columbia Riverkeeper (Riverkeeper) appealed from the Land Use Board of Appeals’ (LUBA) final order remanding, but largely affirming, a Columbia County Board of Commissioners decision. The decision allowed the Port of Columbia County to expand Port Westward into agriculturally zoned land through a reasons exception. Riverkeeper assigned error to LUBA’s findings that Port Westward’s approved uses of the land were “significantly dependent” on the “unique resource[s]” of the port as required by OAR 660-004-0022(3)(a) for the purposes of a reasons exception. On appeal, Riverkeeper argued the LUBA-approved uses were broad enough they contained subcategories that are not significantly dependent on a deepwater port. Columbia County, however, understood the exception to be limited only to uses that were dependent on the port. “[W]hen a local government takes a reasons exception, ‘plan and zone designations must limit the uses, density, public facilities and services, and activities to only those that are justified in the exception.’” OAR 660-004-0018(4)(a). The Court found that neither party adequately demonstrated that LUBA erred in its judgment. Thus, the Court upheld the exception because the county adopted a provision in its zoning change that limited allowed uses to those significantly dependent on the port. Affirmed.