How To Get A Plan To Grow A Olcc Tier 2

[Powder2burn]

Any help on how to get a plan to grow a OLCC tier 2, outdoor. We just bought 5.5 acers. with EFU zoning and water rights. So I think we will be good. That was the easy part. lol.. I am find it hard to get the requirements for what fencing is required. And things like dose the fence have to fit the canopy? Or can the fence be bigger than the canopy, what kind of a fence is required ... I'm to old for this.. lol My son and I really just want to get a good group and start a grow... OMMP was simple.. get it out of view and grow with in limits.

 

[Derf Werfler]

Hello @Powder2burn. You can check, almost daily, to see if there are any updates to the original Rule.

You will most certainly be using a Lawyer to help you jump through the hoops. You sound sharp enough already to not be retaining one. :) Here is the OAR as originally proposed:
=================================================================
845-025-1470 Producer Security Requirements (1) In addition to the security requirements in OAR 845-025-1400 to 845-025-1460 a producer must effectively prevent public access and obscure from public view all areas of marijuana production. A producer may satisfy this requirement by: (a) Submitting a security plan as described in (x-ref); (b) Fully enclosing indoor production on all sides so that no aspect of the production area is visible from the exterior satisfies; or (c) Erecting a solid wall or fence on all exposed sides of an outdoor production area that is at least eight (8) feet high. (2) If a producer chooses to dispose of usable marijuana by any method of composting, as described in OAR 845-025-7750, the producer must prevent public access to the composting area and obscure the area from public view.
==================================================================
Now this is where your legal help will benefit you. Simple questions come to mind, like - What is Public View?? If you are growing right next to a highway, I think that is simple enough. However, how about your bordering neighbors? If you are growing within 100 or so feet, I think the answer is again very simple for compliance. However what if a neighbor that can view your grow area is like a mile away? Where is the line drawn that addresses what a "Reasonable Person" can determine to be public view?

Like many laws on many subjects, there is some definite gray area here for what is deemed a "Reasonable Person" and how it applies. Hopefully, some other Oregon Pioneer Brothers and Sisters will chime in to help you further, based on their personal experiences. I only have Indoor production for my Proposed Canopy, so I cannot offer that personal experience.

Best Wishes Brother, and Good Green Vibes to All!!

Derf

 

[Derf Werfler]

PS: Congrats on that EFU and Water Rights purchase, very savvy to get started. Is the aerial you provide your proposed canopy area?

 

[Derf Werfler]

Well Krap, since I am jabberin away on a Friday night... Sign up at the OLCC website to receive all OLCC notices as they pertain to a Rec. Grow. There will be many and I am sure all of us read and study every dang one! Bring that info right to your mailbox!

Peace!

Derf

 

[Powder2burn]

PS: Congrats on that EFU and Water Rights purchase, very savvy to get started. Is the aerial you provide your proposed canopy area?

the white box on the picture was a vag idea as to what we can do.. it appears with setbacks we can get almost 60,000 SF.

 

[Powder2burn]

Hello @Powder2burn. You can check, almost daily, to see if there are any updates to the original Rule.

You will most certainly be using a Lawyer to help you jump through the hoops. You sound sharp enough already to not be retaining one. :) Here is the OAR as originally proposed:
=================================================================
845-025-1470 Producer Security Requirements (1) In addition to the security requirements in OAR 845-025-1400 to 845-025-1460 a producer must effectively prevent public access and obscure from public view all areas of marijuana production. A producer may satisfy this requirement by: (a) Submitting a security plan as described in (x-ref); (b) Fully enclosing indoor production on all sides so that no aspect of the production area is visible from the exterior satisfies; or (c) Erecting a solid wall or fence on all exposed sides of an outdoor production area that is at least eight (8) feet high. (2) If a producer chooses to dispose of usable marijuana by any method of composting, as described in OAR 845-025-7750, the producer must prevent public access to the composting area and obscure the area from public view.
==================================================================
Now this is where your legal help will benefit you. Simple questions come to mind, like - What is Public View?? If you are growing right next to a highway, I think that is simple enough. However, how about your bordering neighbors? If you are growing within 100 or so feet, I think the answer is again very simple for compliance. However what if a neighbor that can view your grow area is like a mile away? Where is the line drawn that addresses what a "Reasonable Person" can determine to be public view?

Like many laws on many subjects, there is some definite gray area here for what is deemed a "Reasonable Person" and how it applies. Hopefully, some other Oregon Pioneer Brothers and Sisters will chime in to help you further, based on their personal experiences. I only have Indoor production for my Proposed Canopy, so I cannot offer that personal experience.

Best Wishes Brother, and Good Green Vibes to All!!

Derf

I have been looking everywhere for the information you provided "(c) Erecting a solid wall or fence on all exposed sides of an outdoor production area that is at least eight (8) feet high" can you provide a link?

 

[Derf Werfler]

Sure. The OAR '(s) are posted right there in my answer, but for the whole enchilada go to:

http://www.oregon.gov/olcc/marijuana/Pages/Recreational-Marijuana-Laws-and-Rules.aspx#Oregon Administrative Rules_for_Recreational_Marijuana

Division 25 - Recreational Marijuana

 

[Powder2burn]

I have tried two read all the OAR you listed but I am missing that about fencing. which is one of my main concerns

 

[Derf Werfler]

I think I see what is happening here. By studying the current 94 page dated May 1 2017. I no longer see that exact wording. If a person simply typed in the OAR 845-025-1470 you get multiple choices on the results page. I think parts of this show the original proposed, and now the currently adopted versions of the rules and requirements. Again, it is something I did not pay attention to because I seek no outdoor canopy. I am going to suggest you call the OLCC and inquire directly. Perhaps you can post for all, the results of your direct inquiry. Here is their contact info.

[email protected]

Phone: 503-872-5000
Toll Free: 800-452-6522

 

[Powder2burn]

Thank you for the help.. been busy getting land / garden prepared for OMMP season.. the we will address OLCC.. but I thin you they are changing things on the fly. But we will get it soon

 

[leadsled]

Fence type and setback can vary depending on the county. Clackamas county has rule that requires a 100 ft setback. Note how the rules state "exposed". One farm that is away from the main road was able to do fence that is similar to a tennis court. Green screen on posts. All others that can be seen from the road had to have a wood fence so you can not see the plants. One farm I work with is away from the road so did not have to put a fence around the canopy.
Hope that helps.

 

[Powder2burn]

If I have a 40000 sf garden Tier 2 at 200 feet x 200 feet can the fence be 230 ft x 230 ft to allow for access around garden? In lane county they have a setback of 100 ft. is the set back 100 feet to the fence or 100 ft to garden. example set fence at 90 from property line and garden set at 100 ft from property line. I guess another way to ask can fence be a lot bigger than garden as long as garden is in the setback is 100 ft or more .