MOLALLA, Ore. - Citing federal law that shields churches from some zoning laws, Clackamas County commissioners approved a plan to build a new church on prime farmland, The Oregonian reported.
Molalla Christian Church relied on the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it sought approval to build a 14,600-square-foot building similar to a large pole barn on 10 acres it owns northwest of Molalla.
County zoning laws are designed to keep prime farmland agricultural, while allowing such things as rural community centers and wineries, the newspaper reported.
RLUIPA says local and state governments can't impose land-use restrictions on churches unless they show a "compelling government interest."
The commission's 2-1 vote could open new options to churches that struggle to find large, affordable tracts of land, the newspaper reported.
"This case may end up setting some type of significant precedent," said Dave Hunnicutt, executive director of property-rights group Oregonians in Action. "We just don't know yet because it's still early in the ball game."
The Oregon Department of Land Conservation and Development and 1,000 Friends of Oregon, a preservation group, may appeal the decision. If they do, the state Land Use Board of Appeals would consider whether prime farmland should be available for development by churches, according to the report.
