Carlson v. Benton County

Petitioners Moser seek review of LUBA’s decision remanding Benton County’s approval of their application for a “template dwelling” in a forest zone pursuant to ORS 215.750(1). We affirm.

ORS 215.750(l)(a) allows dwellings to be located on land in a forest zone if, along with other criteria that are not at issue now, “the lot or parcel is predominantly composed of soils that are * * * capable of producing” only “0 to 49 cubic feet per acre per year of wood fiber.” See also OAR 660-06-027. The Land Conservation and Development Commission’s (LCDC) rule, codified as OAR 660-06-005(2) defines…