Oregon Land Use Laws Under Attack: Governor Accused of Land Grab

Some of the Oregon's richest farmland and the state's nationally heralded land use laws are under attack due a measure passed by the state legislature in its 2023 session. Ostensibly SB 4 was meant to provide grants and loans that semiconductor companies could access to acquire and develop land for new facilities and carry out research. These companies could then use that money as a gateway to apply for some of the $52 billion available in the federal government's 2022 CHIPS and Science Act to bolster domestic semiconductor manufacturing.

So far, that makes sense, right? Spend a little and possibly gain a lot of new business from a burgeoning industry.

What's alarming farmers, advocates and land use watchdogs is the second part of SB 4 that gives Governor Kotek sweeping powers to unilaterally shift a city's urban growth boundaries (UGBs) without a public process and no assessment of impacts on public utilities—semiconductor facilities use vast amounts of water and electricity—area farmers, the food system, and the environment. Then there's the influence that monied developers could potentially have on susceptible city and state officials. (But that wouldn't happen here in Oregon, right? Right?)

Semiconductor facility in Europe.

The website Friends of Smart Growth, established to promote a holistic, responsible, longterm approach to the state's lands, states that "Oregon’s working lands are imperiled, nowhere more so than in Washington County. Right now the city of Hillsboro has asked the governor to use her supposed authority under SB 4 to circumvent land use laws, good planning, and the public process to add 373 acres of first class farmland that are classified 'rural reserves' for the next 35-plus years."

Furthermore, "it allows the governor to unilaterally bring our farms, ranches, forests, and watersheds into urban areas with no guarantee that it will result in high-quality jobs for Oregonians or that it would leverage federal funding to the state. There is also no requirement for the governor to look first to the lands available inside UGBs," according to 1000 Friends of Oregon.

ACTION ITEM: Friends of Smart Growth is asking farmers, eaters, residents and lovers of Oregon's working and wild spaces to sign a petition urging the public to protect the state's farmlands and respect the land use system that has built a vibrant and livable Oregon. Sign it here.


UPDATE: Friends of Smart Growth has sent out a notice about a public meeting with Gov. Kotek at 6 pm on Thursday, October 10, at the Hillsboro Civic Center. It is the one opportunity the public will have to express an opinion on this issue. Members of the public can testify in person or virtually (information here). There is also a rally starting at 5 pm outside the center. The public can submit written testimony by Oct. 30 by e-mail or by mailing a letter to 900 Court Street Suite 255 Salem, OR 97301.

Issues to mention are:

  • Hillsboro already has the land: There are 10,000 acres of industrial land inside existing UGBs, including hundreds of acres of large lots in Hillsboro.
  • Hillsboro would have had more land if it hadn't squandered hundreds of acres on wasteful data centers.
  • Residents will likely ultimately pay for a lot of the increased cost of water and infrastructure for this expansion.
  • The facility does not need this much land: a similar facility in New York takes up just 73 acres.
  • At stake is some of the best farmland in the world: it can grow anything while sequestering carbon and providing habitat.
  • Intel should not receive more giveaways: Intel got $8.5 billion in federal CHIPS Act dollars this year and $800 million in state property tax breaks over 5 years, but is laying off 15% of its workforce. Intel's success doesn't depend on 373 acres of farmland.
  • The process is undemocratic: There is only one hearing, details are posted only 1 week beforehand, and appeals are severely limited. 

Top photo from Friends of Smart Growth. Photo of semiconductor facility from Wikipedia.