Planning Department Sets Likely Appeal Schedule

The Yamhill County Planning Department plans to act today (Friday, January 16) to issue a letter outlining general instructions for appealing last night's Planning Commission's decision, which authorized expansion of Riverbend Landfill.  Presumably all persons who signed into the initial PC hearing or who submitted evidence afterwards will receive the letter.

According to Planning Director Mike Brandt, the deadline for filing an appeal will be February 2, a Monday.  The fee to file is $250.  Once one party has filed, Brandt says, the process is initiated for all parties. "Regardless of who appeals or what the basis of their appeal, other relevant issues may be brought up during the review/hearing process" by any other person. 

Brandt adds, "I have already confirmed with (County) Board (of Commissioners) Chairman (Allen Springer) that they will hold the appeal hearing on this matter de novo."  Hearing the matter "de novo" means starting over from the beginning, with all findings and decisions up for grabs.  However, according to Brandt, "The PC record will be made part of the Board review on appeal."  Evidence and arguments submitted to the Planning Commission will therefore not have to be repeated before the Board.

The decision adopted by the Planning Commission included a number of stringent conditions that will affect the ultimate appearance, capacity, and operation of the landfill if the PC decision is not appealed.  With an appeal sure to be filed, however, applicant Riverbend Landfill Co. (RLC) can contest these conditions.


Because the County must give at least 20 days' notice of a hearing, the earliest the appeal is likely to be taken up is February 26.  The Planning Department has determined that April 4 is the final legal date for the County to act unless RLC is willing to agree to an extension of time.  However, that is a Saturday, so the County will treat the deadline as Friday, April 3.  If the County fails to issue a decision by that date, state law gives RLC the option of asking a court to compel the County to grant approval.

For more details about the appeal process, Brandt suggests reviewing Section 1404 of the County Zoning Ordinance, in particular, Sections 1404.02 and 1404.03.  And look for your letter in the mail.