PGE’s Stafford Road transmission project proceeds 'at its own risk' as LUBA appeal moves forward
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Summary
County staff briefed the board that a hearings officer approved PGE’s Stafford Road transmission-line application, two parties appealed to LUBA with oral argument set for Feb. 10, and a stay motion is pending; under county code and state law only LUBA can issue a stay, so PGE may proceed until LUBA rules.
County staff updated the Board of Commissioners on Jan. 29 about the contested Portland General Electric (PGE) transmission‑line project on Stafford Road and where the land‑use process stands.
"Your independent land use hearings officer approved an application by PGE to put in new transmission lines along Stafford Road," staff reported, and two parties subsequently appealed the hearings officer's decision to the Land Use Board of Appeals (LUBA). County staff said oral argument before LUBA is scheduled for Feb. 10 and they expect a LUBA decision by March 5.
Caleb Hugel, assistant county counsel, explained the legal posture: under the county zoning ordinance a decision is effective upon mailing and LUBA alone can issue a stay pending appeal. "In this case, a motion for such a stay was filed," Hugel said, noting PGE and the county have 14 days to respond to that motion and LUBA is not on a fixed schedule for issuing an order. Hugel added that if LUBA later reverses or remands the county's approval and the county denies approval on remand, PGE could be required to remove constructed improvements and restore the property.
Dan Johnson, director of Transportation and Development, emphasized the county's public‑engagement efforts, saying staff notified roughly 900 properties within a half‑mile of the line and convened public meetings with PGE to share information. Commissioners pressed staff about reported differences between what residents were shown earlier and the poles actually installed; staff advised that complaints alleging construction inconsistent with the approved application should be raised through the county's code‑enforcement process, which can lead to stop‑work or abatement orders if violations are found.
Commissioners repeatedly expressed frustration that PGE moved ahead before the appeal was resolved. Staff reiterated the legal limits of the county's authority: the county cannot itself issue a stay of the hearings officer's land‑use decision, and the county's utility permit is contingent on the land‑use approval and would be revoked if LUBA issues a stay or reversal.
Next procedural steps: the county and PGE may respond to the stay motion within the statutory window, oral argument at LUBA is Feb. 10, and staff expect a LUBA decision by about March 5. If LUBA issues a stay or reverses the county decision, county staff said they would revoke the utility permit and pursue enforcement actions as required.