Marijuana Land Use Regulations
Updated: December 2, 2016
As part of the 2016 Long Range Planning Work Program, the Board of Commissioners directed staff to draft potential amendments to the Community Development Code (CDC) to account for changes in state law applicable to commercial recreational marijuana business activity.
On Oct. 25, 2016, the Washington County Board of Commissioners adopted B-Engrossed Ordinance No. 810, which adds regulations to the Community Development Code (CDC) for new recreational marijuana businesses in unincorporated Washington County. These regulations build on regulations for retail marijuana facilities adopted in 2015. Key provisions of the new regulations include:
Prohibiting all recreational marijuana businesses in the County’s two Future Development Districts.
Prohibiting commercial marijuana growing in urban residential areas.
Requiring odor control for all indoor marijuana growing and processing.
Requiring 50-foot setbacks from property lines for outdoor growing operations outside the Urban Growth Boundary.
- Limiting the number of commercial recreational marijuana business licensees of each type (production, wholesale, retail or testing) to one per tax lot.
Please visit B-Engrossed Ordinance No. 810 on the County's land use ordinance webpage for Planning Commission and Board staff reports and CDC amendments.
Retail Marijuana Facilities
On Oct, 27, 2015, the Board adopted A-Engrossed Ordinance No. 804, http://www.co.washington.or.us/LUT/Divisions/LongRangePlanning/2015-land-use-ordinances.cfm which amended CDC regulations specific to medical marijuana dispensaries and created new regulations applicable to retail recreational marijuana facilities. The ordinance regulates medical and retail operations identically and allows both types in the same land use districts. Buffer requirements and minor text updates were also included. Development standards that regulate retail marijuana facilities are found in Community Development Code Section 430-80. Please click on the interactive map below for more information about the individual sites:
County Land Use Districts where Retail Marijuana Facilities may be Located:
- Community Business District (CBD)
- General Commercial (GC)
- Industrial District (IND)
- Rural Commercial (R-COM)
- Transit Oriented Retail Commercial (TO:RC)
- Transit Oriented Business (TO:BUS)
- Transit Oriented Employment (TO:EMP)
- North Bethany –Neighborhood Commercial Mixed Use (NCMU NB)
- Please click here for an interactive map to see the location of these Land Use Districts
(Instructions: In the upper right hand corner, please click on the 'Maps' and select 'Zoning' then zoom to your area of interest.
Please note that you need to zoom in before the zoning designations will appear.)
Land Use Compatibility Statements (LUCS)
People interested in establishing a commercial business to grow, process and test recreational marijuana, or who are interested in operating a wholesale and/or retail recreational marijuana business, must submit a completed Land Use Compatibility Statement (LUCS) form to Washington County Department of Land Use & Transportation (LUT) Current Planning Section.
The signed LUCS confirms to applicants and the Oregon Liquor Control Commission (OLCC) that a proposed marijuana-related commercial activity is compatible with county zoning. The LUCS form will indicate any additional steps the applicant needs to complete to comply with county development and building codes. Medical marijuana dispensary owners wishing to convert their facility to a retail recreational facility will need to obtain an approved LUCS from LUT prior to initiating the start of business.
Since Jan. 1, 2016, LUT has accepted 207 LUCS requests from those planning to grow, process and/or sell marijuana to the recreational market. 183 of these requests are for growing marijuana outside the Urban Growth Boundary. 9 are for retail marijuana facilities.
Please click on the interactive map below for more information about the individual sites:
In accordance with state law, a land use compatibility statement and land use permit are not required in Washington County for personal use of up to four marijuana plants and/or the possession of up to eight ounces of marijuana by persons 21 years of age or older.
Click here for additional information from the State of Oregon OLCC: http://whatslegaloregon.com/
September 2016 - Temporary rules for Recreational Marijuana become effective as permanent. Regulations are found in Oregon Administrative Rule 845, Division 25.
October 2015 - The OLCC released temporary rules to regulate the recreational marijuana industry. These rules are expected to remain in effect from Jan. 1 to June 28, 2016. The Washington County Board of County Commissioners adopts A-Engrossed Ordinance No. 804.
June 30, 2015 - The Oregon Legislature passed House Bill 3400, which provided guidance to the OLCC in formulating state rules that address the requirements of the ballot measure.
November 2014 - Oregon voters approved Statewide Ballot Measure 91, which allows personal use and possession of recreational marijuana subject to Oregon law. The Oregon Liquor Control Commission (OLCC) is tasked with developing and implementing state regulations for recreational marijuana.
October 28, 2014 - Board adopted A-Engrossed Ordinance No. 792, which became effective on November 28, 2014. It adopted county regulations for medical marijuana dispensaries and ended the temporary moratorium imposed by Ordinance No. 781.
April 22, 2014 - Washington County Board of Commissioners adopted Ordinance No. 781 implementing a temporary moratorium on medical marijuana dispensary facilities until local regulations could be adopted.
March 19, 2014 - Oregon Senate Bill 1531 became effective. It authorized local jurisdictions to adopt reasonable regulations on medical marijuana dispensaries, and included provisions allowing local jurisdictions to adopt a moratorium on medical marijuana dispensaries through May 1, 2015.
For information on land use requirements for development of a marijuana facility, contact the LUT Current Planning section at 503-846-8761.
Additional County Medical Marijuana Dispensary Regulations/Checklists
- Washington County Community Development Code, Section 390-16.15
- Washington County Community Development Code, Section 430-80
- Checklist - Washington County Submittal Requirements for an OLCC Marijuana Land
Use Compatibility Statement
Additional State Medical Marijuana Dispensary Information