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Benton County reopens record to accept DEQ letter in landfill appeal; sets written submission schedule
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Summary
The Benton County Board of Commissioners voted to reopen the record in a LUBA appeal of its November 2025 landfill approval so the county can accept a late DEQ letter; the board set three seven-day written windows for new evidence, responsive evidence and final argument and announced continued deliberations in March.
The Benton County Board of Commissioners voted on Jan. 20 to reopen the administrative record in an appeal of its Nov. 17, 2025 decision approving Valley Hills's conditional-use permit for the Coffin Butte landfill so the county can accept a DEQ letter that arrived after the original record closed.
Petra Sheets, Benton County planning director, told the board the DEQ letter was received after the close of the original record and "staff recommends reopening the record to admit the DEQ letter and to accept evidence related to the DEQ letter." She explained a proposed schedule that would leave the written record open for seven days (until Jan. 27) for any party to submit evidence or argument about the DEQ letter, a second seven-day responsive period until Feb. 3 for responses only, and a final seven-day period until Feb. 10 for the applicant's final argument only.
The schedule was proposed to comply with LUBA timing requirements and OAR 661-010-0021, Sheets said, while giving parties a fair opportunity to submit and respond to new evidence. County counsel told the board staff would file a short request to the Land Use Board of Appeals (LUBA) for a one- or two-day extension to transmit the final decision if needed.
Commissioners also disclosed ex parte contacts at the start of the continued hearing. Commissioner Shepherd said he had been contacted by members of the public and received about 24 emails starting Jan. 13, 2026, about lingering landfill odors and complaints that DEQ's reporting system had failed to accept reports. Commissioner Wise said she had forwarded most odor complaints to staff, described one discourteous email urging her to oppose the expansion and recounted a phone call from a neighbor asking her to vote not to expand the landfill.
County counsel clarified that the purpose of this portion of the hearing was limited to allowing parties to rebut the substance of any disclosed ex parte communications and cited ORS 215.4223 for the statutory framework. One member of the public, Jim Fairchild, said comparing the meeting recording with the disclosed communications "seems to conflict"; counsel acknowledged the comment but characterized it as not directly relevant to rebuttal.
Commissioner Wise moved to reopen the record to accept the DEQ letter and to adopt the three seven-day written deadlines described by staff; the motion was seconded and the chair announced the motion carries. Chair Malone then recited submission instructions and deadlines and said the hearing will be continued for deliberations in March. The board directed staff to post the schedule and guidelines on the county's Coffin Butte web page and to issue a press release and email notice to interested parties.
What happens next: the record is open for limited written submissions (Jan. 27 at 4 p.m.; Feb. 3 at 4 p.m.; Feb. 10 at 4 p.m.). The board said it will continue deliberations in March and will file for a brief LUBA extension if needed to meet transmission deadlines.
