ONE TOWN SQUARE: at the intersection of peak oil, climate change, and land use

Less fuel, fewer autos demands different kind of planning

March 10th, 2010 by Jim Just

Energy Information Agency data shows U.S. liquid fuels consumption declined by 810,000 bbl/d (4.2 percent) to 18.7 million bbl/d in 2009, the fourth consecutive annual decline. That’s 10% off the peak in consumption of 20.8 million bbl/d in 2005.

As energy analyst Jeff Rubin points out, the U.S. will never regain pre-recession peak levels of oil consumption – and ditto for oil consumption in Canada, Western Europe, Japan, or anywhere else in the OECD economies.

But don’t expect oil prices to go down. Rubin says:

Back in the 1990s, that kind of demand contraction in the OECD would have foretold a big decline in oil prices, since those countries accounted for almost three quarters of global oil demand. Today, they account for barely half, and tomorrow they will account for even less.

In a world where oil supplies have most likely peaked, global oil consumption has become a zero-sum game:

As China moves from consuming 8 million barrels a day to 10 million barrels, and OPEC ramps up its own daily consumption from 10.5 million to 12 million barrels, somehow, somewhere else in the world, there must be a corresponding decline in oil consumption. That somewhere else just happens to be the U.S. market and the oil markets of the other OECD economies.

Automobile sales in the U.S. have also peaked, never to regain former levels. Calculated Risk reports estimated car sales for February 2010 at 10.4 million SAAR (seasonally adjusted annual rate).

car sales

The current level of sales are very low – far below the 17 million that were sold each year between 1999 and 2007 – and are still below the lowest point for the ‘90/’91 recession (even with a larger population).

All of our land use and transportation planning assumes that vehicle travel will continue to grow at historic rates. Based on those assumptions, reducing the historic rate of increase would require heroic efforts; reducing per capita vehicle miles traveled (VTM), even more.  Reducing overall VTM significantly enough to achieve even the modest emissions reductions goals that are currently on the table would be a Sisyphean task, especiallyif population were to continue to increase as projected.

Given the new reality of dwindling fuel supplies and collapsing vehicle sales, it may be wiser to devote our planning efforts to figuring out how people can live and get around in communities with far less fuel and far fewer vehicles. The new reality is, the era of car-dominated communities is drawing to a close.

Lane County takes fresh look at land use

February 19th, 2010 by Jim Just

Lane County is convening a stakeholders group with the objective of revising the county’s comprehensive plan and development code to address the burning issues of the 21st century: how to best ensure cleaner, healthier, safer, and more prosperous communities in a world increasingly threatened by energy shortfalls and a warming climate.

Here’s the text of an email sent out by Planning Director Kent Howe:

All,

As part of the citizen involvement process for Lane County’s Long Range Planning Program, you have volunteered to participate in the Lane County Stakeholder Group that will be reviewing potential revisions to land use policies and regulations.

The Lane County Board of Commissioners has directed Land Management Division staff to facilitate this group process.

The first meeting of the Stakeholder’s Group is Thursday, February 25th, 6:00pm, Harris Hall, 125 E. 8th Ave, Eugene.

At the Feb 17, 2010, meeting the Board specified the Stakeholder Group review the first 6 policy issues in the Goal One Code Amendment Proposal, attached. These correspond to lines 1-24 on the Preliminary List of Code Amendments spread sheet, also attached.

We look forward to working with you. If you have any questions, please give me a call.

Thanks,

Kent Howe
Planning Director
Lane County
541-682-3734

The text of the amendments proposed by Goal One Coalition and LandWatch Lane County is available here.

So all of you Lane County folks who are concerned about figuring out a way to strong local economies that will be resilient enough to grapple with the challenges we are already beginning to face, here’s your chance to take on the developers who normally have their way.

See you Thursday!

The ecological unconscious demands its due

February 3rd, 2010 by Jim Just

Solastalgia:  the pain experienced when there is recognition that the place where one resides and that one loves is under immediate assault; a form of homesickness one gets when one is still at ‘home’; symptoms include anxiety, despair, numbness, a sense of being overwhelmed or powerless, grief.

Solastalgia is a neologism coined by the Australian philosopher Glenn Albrecht in 2003. It describes a form of psychic or existential distress caused by environmental change, such as mining or climate change. Solastalgia is a global condition, felt to a greater or lesser degree by different people in different locations but felt increasingly, given the ongoing degradation of the environment

Wikipedia explains:

As opposed to nostalgia – the melancholia or homesickness experienced by individuals when separated from a loved home – “solastalgia” is the distress that is produced by environmental change impacting on people while they are directly connected to their home environment. A paper published by Albrecht and collaborators focused on two contexts where collaborative research teams found solastalgia to be evident: the experiences of persistent drought in rural New South Wales (NSW) and the impact of large-scale open-cut coal mining on individuals in the Upper Hunter Valley of NSW. In both cases, people exposed to environmental change experienced negative affect that is exacerbated by a sense of powerlessness or lack of control over the unfolding change process.

An article in the New York Times quotes Albrecht:

There’s a scholar who talks about ‘heart’s ease.’ People have heart’s ease when they’re on their own country. If you force them off that country, if you take them away from their land, they feel the loss of heart’s ease as a kind of vertigo, a disintegration of their whole life.

Albrecht has found that this “place pathology” isn’t limited to natives or to the displaced. People can be despairing and depressed without being forced from their homeland. The land changing around them can bring about the same sense of mournful disorientation.

The researchers could have found evidence of solastagia by looking at me in Sacramento, California in the ’70s, as the paradise I was born and grew up in was devastated by rampant and uncontrolled “development.”  It got so bad I fled in a desperate attempt to maintain some semblance of sanity. The Seattle area in Washington proved little better. When at last I found a real home again here in Oregon, that traumatic experience provided the impetus to do everything in my power to prevent a repeat of the California and Washington experience.

In California, things have gone from bad to worse; it is now what Sasha Abramsky in an article in The Nation calls the “west coast wasteland.” California’s population has exploded from a little over 10 million in 1950 to about 37 million today. But as many have warned (including Eben Fodor in his landmark 1998 study “The Cost of Growth in Oregon“), growth costs a lot and doesn’t pay for itself. After 60 years of growth, the bills have come due.

As Abramsky observes, what was a gorgeous state with a terrific infrastructure built up over the past century now has no money or political will to keep the place running properly. Paradise is broken and in a perennial state of fiscal crisis as California threatens to become a failed state. And California is not alone.

My heart still aches for what once was and is now irretrievably lost. I still can’t bear to cross the border. Unfortunately, as the symptom of climate change shows, the disease of growth doesn’t respect borders. Growth now threatens to devastate the entirety of the globe.

Earth is the only home we have, there’s nowhere left to flee. As it succumbs to the ravishes of growth, are we not destined to see solastalgia spread and become a global contagion?

Indiana city’s vision for a post-peak world

January 14th, 2010 by Jim Just

In overwhelmingly approving the report of its Peak Oil Task Force, the Bloomington (Indiana) City Council,  has endorsed a truly revolutionary idea:

Recognize the need for, and the inevitability of, a steady state economy – one that is not predicated on ever-greater amounts of energy and materials throughput, but recognizes the limits of the biosphere.

The Task Force report – Redefining Prosperity: Energy Descent and Community Resilience - calls for a reduction in community oil consumption by 5% per year in an effort to realize a 50 percent decrease in consumption in just 14 years. The targeted rate of decrease in oil consumption is along the lines laid out by the oil depletion protocol.

Suggested strategies for achieving the reduced fuel consumption goals include:

  • Explore new energy sources, greater efficiencies and conservation opportunities for the following energy-intensive municipal services: water and wastewater treatment; law enforcement and fire protection; heating and cooling municipal buildings; and trash removal and recycling. Immediate attention should be given to off-grid water production to meet minimum community needs.
  • Promote economic relocalization. Our community’s reliance on a steady supply of inexpensive goods from as far as halfway around the world makes us vulnerable to a decline in inexpensive oil and/or shortages. Producing and processing more goods within the community fosters greater security in a post-peak world while strengthening the local economy.
  • Intensify the City’s emerging focus on form-based development, so that residents can easily live within walking distance of daily needs, such as grocery stores, schools and pharmacies.
  • Increase home energy conservation and aim to retrofit 5 percent of housing per year.
  • Establish community cooperative rideshare programs.
  • Advocate for greater local, state and federal funding for public transit.
  • Accelerate local food production by training more urban farmers and removing legal, institutional and cultural barriers to farming within the city.
  • Plant edible landscapes throughout the city.

The Task Force’s vision is for a city where “most residents live within walking distance of daily needs; most of the food required to feed residents is grown within Monroe County; residents can easily and conveniently get where they need to go on bike, foot or public transit; most of the community’s housing stock is retrofit for energy efficiency; and local government provides high-quality services to its residents while using less fossil fuel energy.”

That actually sounds pretty good, doesn’t it? A post-peak world need not be dismal.

Lane Board: no more property line adjustments without review

December 10th, 2009 by Jim Just

Lane County will at long last be reviewing and approving property line adjustments.

That’s the effect of amendments to Lane Code Chapter 13 – amendments which have long been pushed for by LandWatch Lane County and Goal One Coalition.

The Lane County Board of Commissioners approved the revisions by a unanimous 5-0 vote at its afternoon meeting on Wednesday, December 9.

Lane County’s historic “hands off” approach to property line adjustments has long allowed for developers to find tiny “lots”, often created when road construction sliced through properties, leaving new “lots” on each side. Speculators buy up the land; reconfigure the property lines by simply recording deeds; obtain “legal lot verifications” for the reconfigured properties; and then sell off the developable parcels at a hefty profit. All this happened without public notice, any opportunity for public comment or participation, adequate county review, or any way to challenge the result.

A Court of Appeals decision (Phillips v. Polk County) and the passage of two bills in the 2007 and 2008 legislative sessions ( HB 2723, dealing with retroactive unit of land validations; and HB 3629, dealing with property line adjustments) made it obvious to everyone – including the development community – that Lane County’s practices failed to comply with state law, putting Lane County property owners in an untenable position.

In the spring of 2009, the Board of Commissioners directed the Land Management Division (LMD) to initiate the post-acknowledgment plan amendment (PAPA) process to adopt the code changes drafted by LandWatch and Goal One Coalition. Following a joint public hearing before the Board and Planning Commission, the Board directed LMD to call together a work group composed of land use advocates, surveyors, and the development community to see if a consensus proposal could be achieved. The Planning Commission recommended approval of the draft resulting from that effort, and with formal Board approval the new provisions will now become the law of the land.

Linn Board of Commissioners approves RV park

December 9th, 2009 by Jim Just

This morning (December 9, 2009) the Linn County Board of Commissioners voted unanimously to overturn the Planning Commission’s denial and approve the application of its Parks Department to establish a park on 175 acres of farmland at the I-5/Highway 34 interchange.

An RV park is the key and most controversial element of the proposed park. Owners of several existing local, private RV parks complained vociferously that competition from a publicly operated RV park would put them out of business. While the original proposal envisioned as many as 196 RV hookups, the Board imposed a condition of approval limiting that number to a maximum of 100.

The local farm community also voiced strong opposition, arguing that farm land is irreplaceable and that farming, Linn County’s biggest industry, deserves and needs the county’s support and protection.

The Board of Commissioners has three elected members: Roger Nyquist, Will Tucker, and John Lindsey. Lindsey’s seat is up for election next November.

It should be obvious to everyone – even our county commissioners – that investing public funds in an RV park when we are facing climate change, peak oil, a financial crisis, and the need to ensure our food security is as foolhardy as can be. Come November, the voters will have a chance to voice their opinion.

Pete Boucot, a declared candidate for Lindsey’s seat, is leading the opposition to the Board’s plans. The county borrowed over $1.25 million from its road fund to purchase the property. Boucot objects this in an inappropriate use of the county’s road funds. Boucot also points out the commissioners have been silent on how or when the road fund is to be paid back or where the funds to develop the park are to come from.

Developers, city officials: damn those meddling citizens!

December 8th, 2009 by Jim Just

From Tuesday’s Eugene Register-Guard:

Springfield growth inventory delivers a surprise

City councilors were prepared to adopt the results of a buildable residential land inventory, which concluded the city was short by more than 300 acres in what it would need to meet 20-year growth projections.

Instead, they learned the city actually has a slight surplus of buildable residential property.

The change brought a howling protest from one developer and muted concern from two others who spoke at a public hearing Monday night.

Springfield’s early estimates suggested it might be short by as much as 1,000 acres of land for homes. But by August, with the help of local consultant ECONorthwest, the city concluded it was short by only 344 acres of the land it would need for housing by 2030.

But Monday night, Springfield planning supervisor Linda Pauly explained that that total was based on a mistaken assumption that housing could only be constructed on land that had no more than a 15 percent slope.

When a community member concerned about the survey results asked to see the data, city staff and ECONorthwest discovered they’d used the wrong slope constraint, Pauly said.

Housing can go on hillsides with a 25 percent slope, according to state law. It’s commercial buildings that require the 15 percent slope limitation.

The mistake was only discovered last week, Pauly said.

The revision concludes the city has a small surplus: 59 acres more than they’ll need to meet expected residential growth between now and 2030.

The “community member” mentioned in the article was LandWatch Lane County member Mia Nelson. Through dogged persistence and determination, she overcame stonewalling by the City of Springfield and EcoNorthwest, who didn’t want to make available the data which supposedly supported the earlier conclusion that 300+ more acres of land would be needed to support projected growth. When Nelson finally got her hands on the raw data, she brought to light the flawed assumption.

City officials aren’t yet ready to give up their precious expansion plans:

Mayor Leiken called the latest review a hiccup in an otherwise useful process. . .

While some councilors worried that the new numbers may be as flawed as the old ones, they voted unanimously to adopt the Residential Lands Study.

Al Johnson, a consulting attorney for the city, assured the councilors that their vote would not be considered the last word on the subject, and that their conclusions about how much land they’ll need won’t be considered final until the city formally adopts its Springfield 2030 Plan, a process it will undertake with Lane County.

Can you visualize the day our political leaders will let go of the idea of growth?

City form as driver of energy consumption and greenhouse gas emissions

November 30th, 2009 by Jim Just

The urban structure of our cities, towns and suburbs is one of the largest drivers of energy consumption and greenhouse gas emissions. Cities that are compact, walkable, and transit-served, with a good distribution of daily services, use a fraction of the energy and generate a fraction of the greenhouse gases as U.S. cities.

There is an enormous difference in energy use between compact cities and sprawling American ones – with no corresponding difference in quality of life.There is an enormous difference in energy use between compact cities and sprawling cities, as American ones tend to be – with no corresponding difference in quality of life. This chart shows gasoline use.

Vehicle Miles Traveled (VTM) is just part of the story. Other sources of emissions from urban form in the five key categories of infrastructure, and its embodied and operating energy; other advantages of “location efficiency,” including additional benefits of walking; optimized size, orientation and urban shaping of buildings; lost ecosystem services; and behavioral factors and “induced demand” may add up to twice as much as emissions from personal transportation and VMTs alone.

Michael Mehaffy explores each of these factors in depth in an article at Planetizen. Bottom line: increasing urban energy efficiency and cutting urban emissions is about a lot more than increasing density, reducing VMT, and improving fuel mileage. The way we design the places we live can make it improbable or even impossible to reduce energy consumption and greenhouse gas emissions. But if done right, the places we live can make it possible an elegant, satisfying, low-carbon way of life.

Eber, Sullivan review & critique Oregon’s planning program

November 18th, 2009 by Jim Just

Ron Eber and Ed Sullivan have just made available their new article Long and Winding Road: Farmland Protection in Oregon 1963 – 2009.

Ron Eber, now retired, was the long-time farm and forest specialist at the Department of Land Conservation and Development. Ed Sullivan is the dean of Oregon land use attorneys at Garvey Shubert Barer. The article was published in the San Joaquin Agricultural Law Review.

I haven’t had a chance to read much of it yet. The article ends with “a few modest suggestions for further improvements” to Oregon’s planning program. We’ll be giving particular attention to these recommendations, especially as they relate to the challenges of peak oil and climate change.

Lane County caps local appeal fee at $250

November 5th, 2009 by Jim Just

Lane County has reaffirmed the public’s right to participate in the land use decision making process by lowering the fee imposed for an appeal to the Board of Commissioners from $3,700 to $250.

The adoption of the Chapter 14 amendments was the culmination of years of work by LandWatch Lane County and Goal One Coalition.

The Board of Commissioners at its meeting on the afternoon of Wednesday, November 4  unanimously approved amendments to Lane Code Chapter 14 to streamline and expedite the way the county processes applications for permits and zone changes. Most importantly, the revised Chapter 14 dramatically lowers the cost of getting through the local process to a final decision. The new procedures provide two tracks for appealing a hearings official decision to the Board of Commissioners. For $3700 – the amount currently charged – a party can ask that the Board hold a public hearing and make the final county decision on an application. But for only $250, a party can ask that the Board not hold a public hearing, but rather simply ratify the hearing official’s decision as the final county decision. On either track, the decision to hear or not hear the appeal rests with the Board.

Goal One first introduced a bill to cap local appeal fees during the 2003 legislative session. That proposal withered on the vine due to vociferous opposition from lobbyists for the League of Oregon Cities and Association of Oregon Counties, who complained that it would impose “unfunded mandates” on local governments.

Seeking to sidestep opposition from local governments while addressing their concerns, we then crafted an approach that would offer local governments two options. The default option would be for permit and zone changes to be processed with only a single public hearing – the decision resulting from that hearing would be the final local decision, obviating the need for a local appeal and avoiding all the related costs and expenses. If the local governing body insisted on retaining final approval authority, the fee for an appeal hearing to the local governing body would be capped at an affordable amount. Goal One Coalition attempted to generate interest in this new concept leading up to the 2007 legislative session, but got nowhere.

Our attention then shifted to local initiatives: if we could get the concept implemented in just one jurisdiction, that could serve as an example and real-life test case for the rest of the state. Building on the strong partnership between Goal One Coalition and LandWatch Lane County and LandWatch’s extraordinary effectiveness, Lane County offered an excellent opportunity. And Lane County desperately needed a fix:  exorbitant appeal fees made it effectively impossible to challenge any decision beyond the hearings official level.

Because Lane County’s appeal fee was so high, and because Land Management Division (LMD) attempts to fund all of its operations from user fees, we believed any proposal to dramatically lower and then cap the fee for an appeal to the Board would be a non-starter. Our approach, therefore, was to eliminate the appeal to the Board and make the hearings official decision the final county decision.

We presented our proposal to the Board of Commissioners in 2008. In March 2009, the reconfigured Board of Commissioners directed LMD to initiate the process to adopt the joint Goal One/LandWatch proposal.

At a joint public hearing before the Lane County Planning Commission and Board of Commissioners in July, the Board directed Land Management Division to conduct stakeholder meetings to try to reach a consensus among advocacy groups and developer representatives. Out of those meetings came the proposal to keep the option for an appeal to the Board of Commissioners while providing a way to get through that appeals process for only $250. What was really surprising is that the $250 cap was proposed by the developer group – they figured that was the price that needed to be paid to get what they wanted, a process which they believe protects their interests from arbitrary interference from the current progressive majority on the Board of Commissioners.

The text of the Chapter 14 amendments adopted by the Board is available here.

Deforestation led to demise of Nasca in Peru

November 2nd, 2009 by Jim Just

The Nasca people, best known for giant geoglyphs etched into the surface of a vast desert plain, once flourished in the valleys of south coastal Peru. About 500 AD their civilization collapsed into a bloody resource war and then vanished.

Photograph: Kevin Schafer/Corbis, published in the UK Guardian

What happened? Archaeologists from Cambridge University say the Nasca brought about their own demise by ruining the fragile ecosystem that supported them. Their study was published in the journal Latin American Antiquity.

Over the course of many generations, the Nasca cleared areas of forest for agriculture. The huarango tree, which once blanketed what is now desert, was gradually replaced by crops such as cotton and maize.

But the short-term agricultural gain came at a high price because the trees were the critical component of the ecosystem. Dr. Beresford-Jones explains what happened:

The huarango is a remarkable nitrogen-fixing tree and it was an important source of food, forage, timber and fuel for the local people. Furthermore, it is the ecological ‘keystone’ species in this desert zone, enhancing soil fertility and moisture, ameliorating desert extremes in the microclimate beneath its canopy and underpinning the floodplain with one of the deepest root systems of any tree known.

In time, gradual woodland clearance crossed an ecological threshold – sharply defined in such desert environments – exposing the landscape to the region’s extraordinary desert winds and the effects of El Niño floods.

In the absence of huarango cover, when El Niño did strike, the river down-cut into its floodplain, Nasca irrigation systems were damaged and the area became unworkable for agriculture. Infant mortality rose, while average adult life expectancy fell. The crops that had been cultivated by the Nasca for generations disappeared, and the area fell victim to a severe drought.

There are now no undisturbed ecosystems in the region, and what remains of the old-growth huarango forests is being destroyed in illegal charcoal-burning operations.

The life and death of the suburban project

September 22nd, 2009 by Jim Just

U.S. land use and transportation policies have, since the ’50s, mandated a suburban outcome everywhere – even here in Oregon.

As James Kunstler points out, the suburban project was made possible by a set of circumstances unique to post-WWII America: “an immense supply of cheap oil, cheap land, and the industrial capacity to churn out all the necessary components for a car-dependent development pattern.”

Beginning in the ’80s, the suburban project metastasized, essentially becoming the American economy, even while we could no longer afford it out of earnings.  We borrowed to maintain the spending spree, taking on enormous debt. The result, as described by Kunstler:

Suburban life quickly became a cartoon of country living in a cartoon of a country house in a cartoon of the country. With additional layer-on-layer of, first, the shopping in the form of highway strips, then malls, along with the office “parks,” these places elaborated themselves into a kind of cancer-of-the-landscape, a chronic and expensive condition that Americans had no choice but to live with, because of the monumental investments they had already made in it.

“Consumer spending” accounts for about 70% of U.S. economic activity. “Consumers” are now tapped out. We’re experiencing what economist Richard Koo calls a balance sheet recession. Chances for a robust rebound in consumer spending are slim to none. We count on housing and consumer spending to be the drivers ofeconomic recovery. But as Calculated Risk assesses the situation:

The overall recovery will probably be sluggish because both housing and consumer spending will be under pressure for some time.

Cash-for-clunkers, housing schemes, and other government stimulus programs aiming to reboot the suburban project are doomed to failure because the unique circumstances giving rise to that project have evaporated. Now that those conditions are no longer present, we’re stuck with a set of living arrangements that are energy intensive and economically expensive to maintain. Our personal investments in our houses and our communal investment in our subdivisions, strip malls, and road systems are evaporating before our eyes. We were all giddy with our illusions of wealth, thinking the bubble would expand forever and make us all rich.  Now, the bubble has popped.

Here’s reality:

The suburban project was enabled by cheap and abundant oil. Blind to that fact, we poured all of our efforts and all of our wealth into “the outfitting of suburbia.” The end of the era of cheap and abundant oil is revealing how foolish and short-sighted we were.

Land use adversaries reach agreement in principle on Lane County code amendments

August 13th, 2009 by Jim Just

At “work group” meetings on Tuesday and Wednesday evenings, land use advocates and developers reached accord on proposed changes to Lane Code chapters 13 and 14.

Adoption of the Chapter 13 amendments would mean that Lane County would at last review and approve property line adjustments. The absence of a county review process has led to numerous illegal property line adjustments over past years, creating a legal limbo for property owners; and has allowed developers to reconfigure rural properties into what are in effect rural subdivisions without public notice, public scrutiny, or opportunity for public participation.

The Chapter 14 amendments would streamline Lane County’s land use decision-making process and would provide a means to bypass the exorbitantly expensive process for appealing a hearings official decision to the Board of Commissioners. The expense of the process has effectively insulated hearings official decisions from review.

The historic agreement was prompted by the new lineup on the Board of Commissioners. LandWatch Lane County and Goal One Coalition have for several years been pushing for Lane County to regulate property line adjustments and to lower appeal fees so that people are not priced out of the process. Those efforts have included litigation. Also, LandWatch and Goal One drafted code amendments to implement new state law while fixing both the property line adjustments and decision-making process problems.

The development community, together with Lane County’s Land Management Division, stonewalled the proposed reforms for years. But the election of Rob Handy last November resulted in a shakeup in the makeup of the Board of Commissioners, changing the political dynamics. The new progressive majority chose Pete Sorenson to chair the Board. The agenda committee, which has the power to set the county’s priorities, consists of Sorenson and Bill Fleenor. Sorenson and Fleenor, now with the unanimous assent of the rest of the Board, bypassed Land Management and scheduled a joint meeting of the Lane County Planning Commission and the Board of Commissioners to consider the LandWatch/Goal One proposals.

The joint hearing made it clear to everyone that the Board of Commissioners was now determined to adopt the LandWatch/Goal One proposals. In an act of remarkable generosity and accommodation, the Board directed all interested parties to meet to see if a consensus proposal could be crafted. The Board also set dates certain for the Planning Commission to consider the resulting proposal and for the Board to adopt final code amendments.

It was now obvious to the development community that they could obstruct no longer – the Board was determined to act. The developer “group,” under the leadership of ex-commissioner Steve Cornacchia, came to the table with slightly modified proposals that would achieve all of the ends sought by LandWatch and Goal One: property line adjustments would be reviewed by the county for compliance with applicable law in a process open to public participation, and Lane County’s land use decision-making process would be simplified and would allow for appeal to LUBA of a hearings official decision without the necessity of paying over $3,700 to first appeal to the Board of Commissioners.

Written drafts of revisions embodying the agreements in principle are now being prepared. The revised Chapter 13 and Chapter 14 amendments will be posted on the Goal One Institute website as soon as they become available.

Land use changes play major role in global warming

July 8th, 2009 by Jim Just

Changing land use  is responsible for as much as 30% of the world’s carbon emissions, more than either deforestation, power generation or transport. Destructive land use changes include such things as the burning of peatland, the conversion of degraded former forest land to agriculture and desertification through over-farming.

That’s the message Al Gore gave at an environmental conference in Oxford.

Gore cited the example of Indonesia, the world’s third-largest emitter of carbon dioxide after China and the US. Indonesia’s high level of emissions are chiefly the result of soil degradation rather than the linked but distinct problem of deforestation:

Brazil cuts down twice as many trees as Indonesia but Indonesia emits twice as much carbon dioxide as Brazil.

Much of Indonesia’s tropical rainforest lies on peat soil. After the trees have been cut, the peat is often burnt before the land can be reused — mostly for the creation of palm oil plantations. The practice releases vast amounts of carbon into the atmosphere and each burning season leaves plumes of smoke hanging over much of South East Asia for months at a time.

Climate change compounds the problem of soil degradation because rising temperatures add to the drying and destruction of carbon-rich soils.

Gore pointed out that soils are a huge carbon sink:

There is three times as much carbon in the first two meters of soil than there is in all of the world’s vegetation.

The end of the car system is coming, like it or not

June 27th, 2009 by Jim Just

Kingsley Dennis and John Urry in their new book After the Car argue the car system is absolutely batty:

The car system gives the illusion of freedom while glueing users into a dependence on traffic management, oil, and money to pay for oil. Meanwhile, the local administrator of the system in question – your government, in other words – is forced to spend most of its own time and money maintaining good relations with suppliers of oil, in order to sustain that illusion in the name of economic growth.

That’s how Lynsley Hanley sums it up in a review in the U.K. Guardian. More than a million people worldwide are killed every year by cars – yet there’s no outrage. Cars are a major contributor to global warming, which is even now leading to the end of the Earth as we know it. Yet we refuse to entertain giving it up.

The authors foresee the end of the car system as resources become increasingly scarce and the threat of climate change induces policy responses. They present several possible future scenarios:

The most frightening, for its depressing plausibility, is that of “regional warlordism”, based on the fight for post-peak oil. We may already be living in this period.

A more enlightened outcome would be the model of “local sustainability”, in which all travel, but especially car travel, is reduced hugely and people return to living in compact urban neighborhoods and getting around on foot.

But don’t bet on that coming to pass. That would require we act boldly and wisely.

Oregon’s land use program: a proven climate strategy

June 12th, 2009 by Jim Just

When Oregon’s land use planning program began 36 years ago, its aim was to protect commercial forest and farm land from development.

Nobody was thinking about carbon storage and reducing emissions back then. A new study by Jim Cathcart, forest resource trust manager with the Oregon Department of Forestry, and Jeff Kline, a research forester with Pacific Northwest (PNW) Research Station in Corvallis, quantifies these contributions.

Kline and Cathcarts estimated carbon benefits for two scenarios: one assuming Oregon’s land use planning program as enacted in 1973 and another assuming Oregon’s land use planning program was not enacted in 1973.They estimate that 1,221,000 acres of forest and agricultural land in western Oregon would have been converted to more developed uses without the land use planning program.

By maintaining these lands, the gains in carbon storage are equivalent to avoiding 1.7 million metric tons of carbon dioxide emissions per year. That’s the amount of carbon that would have been emitted by 395,000 cars in a year (assuming each car gets 25 mpg and is driven 12,000 miles annually).

Had the additional 1.7 million metric tons of stored carbon been released through development, Oregon’s annual increase in CO2 emissions between 1990 and 2000 would have been three times what it actually was.

By 2024, avoided development on an additional 205,000 acres of forest and agricultural land will yield an additional 3.5 million metric tons of avoided carbon losses, equivalent to roughly a 12.8 million metric ton reduction in CO2 emissions, or 0.64 million metric tons CO2 per year.

Kline says the study’s findings are pretty conservative because carbon stored in soil and dead wood wasn’t considered. The study just looked at avoided forest loss and changes in carbon stock arising from development, not at the higher carbon footprint of average domestic use over agriculture. If other factors such as more compact development, people driving less, and using public transportation were to be considered, the reduction in emissions would be even higher.

Cathcart says we shouldn’t sit back and wait for stronger climate change policies such as market-driven cap-and-trade schemes or carbon taxesto be adopted:

It may simply be the act of maintaining or increasing the amount of land area in forest cover that is the most important action to take.

A legislative fix to Wetherell is now imperative

June 1st, 2009 by Jim Just

LUBA issued its decision in Wetherell redux on Thursday April 30, and on Monday May 4 posted the opinion on its website. The news isn’t good. Farms lands throughout Oregon in agricultural capability classes V-VII are at grave risk.

Recall that Wetherell is the “nonresource lands” case. If land doesn’t fall within the Goal 3 definition of “agricultural land,” it isn’t protected by Goal 3 and thus is “nonresource” land and can be rezoned for development. The Supreme Court decision in Wetherell v. Douglas County in May 2007 threw out LCDC’s administrative rule prohibiting profitability from being considered when identifying agricultural land.

Agricultural lands as defined in Goal 3 include Class I-IV soils in western Oregon (Class I-VI soils in eastern Oregon) and “other lands suitable for farm use.” The applicant in Wetherell argued that the rule’s prohibition on considering profitability was inconsistent with the statutory and Goal 3 definition of “farm use,” defined as the “current employment of land for the primary purpose of obtaining a profit in money.” The Supreme Court agreed, throwing out a ban on considering profitability that had been in law since 1982.

The Supreme Court’s holding opened the door to a property owner arguing that because he couldn’t make a profit, the land wasn’t agricultural land protected by Goal 3 and thus could be used to grow houses. A property owner could hire his own “expert” to prove that he couldn’t make money. Given the legal principles that a local government decision only needs to be supported by “substantial evidence” and a local government has wide discretion to choose which evidence to rely on, it’s now open season on “other lands suitable for farm use.” There are no effective protections left for such lands.

With LUBA’s decision, our greatest fears have been realized. While conceding that economic analyses are “highly manipulable, and can yield dramatically different results depending on what variables are assumed and what approaches are used” [and what outcomes are desired!], LUBA held that the report prepared by the property owner’s expert was enough to support the county’s conclusion that the land couldn’t be farmed for a profit, wasn’t “suitable for farm use,” and therefore wasn’t agricultural land.

This, despite the fact that the land had been used for over 70 years and that a neighboring farmer was offering to lease it and use it as part of his farm operation.

It seems LUBA was understandably unwilling to stick its neck out and get sideways with the Supreme Court. Any “fix” of the Supreme Court’s decision will have to come from the legislature.

There are huge swaths of Class V and Class VI soils in western Oregon – in the Willamette Valley, along the coast, and in southern Oregon – lands that have long been used for farming and for hay and pasture. There are over 61,450,000 acres of land in eastern Oregon, 48% in private ownership, a large proportion of which are Class VII soils used for pasture or range, woodland, or wildlife. Until the legislature passes a fix to Wetherell, all of these lands will remain at risk.

Lane County to reform to land use hearing, property line adjustment procedures

April 30th, 2009 by Jim Just

Lane County initiates reforms to land use hearing, property line adjustment procedures

April 30th, 2009

Culminating many years of effort, the Lane County Board of Commissioners on Wednesday ordered the Land Management Division to initiate post-amendment plan amendments (PAPAs) to fix problems with the local appeals process and with property line adjustments in Lane County.

Over the last weeks and months LandWatch and Goal One Coalition have been meeting with representatives of the developer community including the Home Builders Association of Lane County to reach consensus agreement on proposed code language. With everybody on board, the new Board of Commissioners under the leadership of Pete Sorenson and Bill Fleenor unanimously agreed that the time to act on the proposals had finally come.

The amendments to Lane Code Chapter 14 would streamline the local appeals process by providing that the initial public hearing before the Hearings Official would be the final county decision unless the Board of Commissioners on its own initiative chose to review the decision. The simplified and expedited process saves time and money for everybody while providing incentives for better decision-making and retaining the power of the Board to set county policy and retain deference on review. The text of the proposed amendments is available h

The amendments to Lane Code Chapter 13 would for the first time require county review and approval of property line adjustments. The new process would eliminate the cloud of legal uncertainty that surrounds Lane County’s current process of “verifying” property line adjustments post facto through its “legal lot” verification process. The new process would better protect property owners’ interests while enhancing the ability of citizens to be involved in the process. The draft proposal also brings the county code into compliance with legislation passed in the 2007 and 2008 sessions. The text of the proposed amendments is available here.

A more thorough explanation of the issues is found at the Goal One Institute website here.

“Big waste of time” bill passes out of committee

April 29th, 2009 by Jim Just

The Big Look bill (HB 2229) on Tuesday passed out of committee to the House floor. The current bill reflects several amendments completed by the House Land Use Committee during its April 23rd work session. Once passed to the House floor, the bill is subject to additional amendments as it continues to progress through the legislature.

There wasn’t much of anything good in the bill to begin with. There’s nothing left in the bill that could be considered either “big” or a “look” at Oregon’s land use planning program.

The Task Force’s proudest accomplishment is the adoption of “overarching principles”:

The four overarching principles guiding the land use program in Oregon are to:
(A) Provide a healthy environment;
(B) Sustain a prosperous economy;
(C) Ensure a desirable quality of life; and
(D) Equitably allocate the benefits and burdens of land use planning.

The bill is crystal clear that these four principles are “aspirational” only – they expressly have no legal impact whatsoever.

Oh, one more thing is notable in the in the “principles” section:

Additionally, the land use planning program should, but is not required to, help communities achieve sustainable development patterns and manage the effects of climate change.

You read that right – the planning program is not directed to be used as a tool to help us figure out how to live within our energy or other resources or to head off climate change. At most, it “should, but is not required to, figure out how to live with the consequences. That’s the best the Land Use Committee could do to address the most consequential issue of our time (the Task Force didn’t even try. And there’s no hint at all in the bill that we’re facing an impending energy crisis.

The Task Force’s controversial proposal to allow two or more counties to adopt their own definition of farm and forest lands is gone, replaced by new Sections 5 – 7 that allow counties to legislatively revisit their inventories of farm and forest land and redesignate them “nonresource” if they fail to meet the Goal 3 definition of “agricultural lands” or the Goal 4 definition of “forest lands.” Of course, counties can do this already, either legislatively or quasi-judicially.

There’s a long and complicated technical fix to the existing regional problem solving process.

There’s a pretty meaningless provision saying that local governments “should consider directing” infrastructure investments to further compact urban development.

And there’s a “content neutral” review of land use laws and regulations to reduce complexity.

Not much to show for four year’s work.

And a definite failure to come to grips with the extraordinary challenges before us.

Chair Nolan’s admirable and even astounding achievement was to get some bill out of committee while making the folks who were involved in this project feel good about the end result. That was magic.

U.S. driving up again – temporarily

April 27th, 2009 by Jim Just

It looks like lower gas prices have finally prompted U.S. drivers to resume their profligate driving ways.

The latest Traffic Volume Trends report from the Federal Highway Administration shows that average daily travel increased by 2.7% for February 2009 as compared to February 2008 (while vehicle miles traveled decreased by 0.9%, 2008 was a leap year so there was one more day of driving in February 2008).

The average price of gas is now $1.42 below year-ago levels, and is far below the all-time high of $4.1124 a gallon set on July 11, 2008.

It’s too early to tell if or for how long the trend will continue. But the slide in driving that began in January 2008 has halted, at least for the moment. But still, the U.S. accounts for only about 5% of the world’s population while using about 20,680,000 barrels of oil per day – about 25% of global production.

You have to ask, is the U.S. transportation system sustainable? Global oil production most likely peaked in July 2008. What would happen if a few of the world’s biggest oil producers decided their oil was worth more left in the ground than traded for U.S. dollar assets of questionable value?

There are about 237 million light-duty vehicles on the road in the U.S. In Japan and Europe there are only about 56 million. Even auto makers are wondering where the energy to fuel all those vehicles is going to come from.

While in Europe or Japan people have to decide whether to walk, cycle, take transit, or drive to work, for most Americans the decision is whether to drive to work, or not work. The whole architecture of our country is predicated on the assumption that oil would forever be plentiful and cheap.

The Interstate Highways Act, passed in 1956, favored roads – freeways cutting through city neighborhoods and connecting to suburbs – not public transport, which received no Federal subsidies. The shift to the suburbs was further encouraged by The Federal Housing Administration and Veterans Administration, which only underwrote new houses and not the rehabilitation of older city properties. Tax codes and utility rates further subsidized the suburbs at the expense of city residents. Now we’re stuck with huge “sunk” investments in dysfunctional infrastructure.

Oh, and have I mentioned global warming? One-third of the nation’s total greenhouse gas emissions are from the transportation sector, according to the EPA.

Happy motoring!