Legislation would help churches build

By RICHARD KOE

MOLALLA — Rep. Mac Sumner, R-Molalla, is sponsoring Oregon House Bill 3474, which could give some churches more latitude in land development than current federal law.

Under the U.S. Religious Land Use and Institutionalized Persons Act of 2000, local jurisdictions cannot impose land-use restrictions that place a “substantial burden” on churches. Molalla Christian Church, which wants to build a new building on prime farmland it owns outside of town, has tried to use the federal law to help its cause.

Sumner, who is an elder at the Molalla church, told The Oregonian that he proposed House Bill 3474 “to codify the federal law in the Oregon statute and help make protections for churches clearer.”

The bill would bar the state from restricting the use of property for religious or educational purposes if churches own or lease the land. A hearing on the bill was held Wednesday, May 11, by the House Land Use Committee.

Sumner said there are valid reasons why churches should build in some places, and he’s not asking for special treatment. But he believes that churches should be able to build in areas that were fair game before Oregon Senate Bill 100, which created the state’s land-use planning system.

Ron Eber, farm and forest specialist for the state Department of Land Conservation and Development, told the newspaper that Sumner’s legislation could allow churches to overcome longstanding state farmland protections, including the restriction that keeps the Molalla church from building.

The Molalla church had searched for years for a suitable site to build within the vicinity. State land-use regulations aimed at curbing sprawl prevented the church from building on the farm site.

Last year, the Oregon Court of Appeals said it couldn’t rule on the case because the church never made a formal permit application. On May 7, church elders decided to start over with a permit application to get a definitive decision.