PERMITTING¦ nothing to do with the actual citizens of La Pine,” he says. “It was a result of outside interests and agendas. Going through the land-use process was the most difficult part of the whole process.” The La Pine city council rejected an appeal of the project in December. In Oregon, a LUBA appeal can be filed by a person, organization or corporation dissatisfied with the land-use decision or limited land-use decision made by the local government or special district. It is cheap to do, only costing a petitioner $400 to file the appeal, plus attorney costs if one is hired. “I think the only thing that needs a hard look at [in Oregon’s permitting process] is the issue of standing in a land-use appeal,” Broberg says. “Currently, anyone anywhere can appeal a land-use decision for any reason and it hardly costs them anything. These appeals should be reserved for citizens the project would actually affect. [The state] would see a lot more development if this issue was resolved.” Fortunately for the developers who have positive outcomes, LUBA requires the losing party of an appeal to reimburse the winning party for certain costs incurred during the process. Now past that setback and having all necessary permits in hand, Biogreen plans to break ground as early as this spring.
levels—the community and the state, and those on local and federal levels—they’ll see what you’re doing, and they’re smart people,” he says. Jensen says if developers who did that took a different angle going into a project, it could streamline the permitting process. “Our philosophy as a company is not to just go in green, but go in clean and green, so we went in as clean as possible. People were more willing to accept our project, and they were more willing to help us move our proj-
ect forward because they saw us as trying to do something positive, rather than trying to skate by with the minimum standards.” The reason that isn’t always done is because of costs, Jensen says. “It does cost more to be cleaner.” Author: Anna Austin Associate Editor, Biomass Power & Thermal (701) 738-4968 aaustin@bbiinternational.com
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Words from the Wise On advice to other developers, Taylor recommends making sure a developer is ready to deal with what could be a lengthy and stressful process. “Ask yourself, do you really want to do this?” Broberg believes the most beneficial move a developer can make when going through the permitting process is to engage the help of experts. “Hire good consultants and permitting specialists with a lot of experience,” he says. Jensen warns developers not to skate under the minimum thresholds. “Try to develop a project that truly is an asset to the community, not just a money-making entity for the developers and investors because the people you’re working with at all
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