City denies environmentalists’ appeal, greenlights new Oaks Park ride and lights

According to wildlife advocates, the new 135.5-foot-high drop tower attraction at Oaks Amusement Park, along with its accompanying spotlights, could potentially upset migratory birds. The city of Portland has given the park permission to proceed with the construction.

Last week, a hearings officer supported the city’s earlier approval of the Sellwood amusement park’s new ride proposal, which called for changes to the city’s building height and lighting rules.

Following that approval, three nonprofit organizations—the Friends of Oaks Bottom, the Urban Greenspaces Institute, and the Bird Alliance of Oregon—filed an appeal, arguing that the eight LED spotlights at the tower’s base would pollute the surrounding Oaks Bottom Wildlife Refuge with light, endangering birds and other wildlife.

However, the hearings officer, David Doughman, rejected the appeal after examining hundreds of papers, including expert testimony, letters from neighbors who were worried, and arguments from both sides.

A steering committee member for Friends of Oaks Bottom, Marianne Nelson, expressed her sadness.

Regarding the choice, Nelson stated, “We truly felt betrayed.” If you don’t enforce the code near one of your most popular wildlife locations, why have one?

Critics who are concerned about birds are drawn to the bright lights and the large new ride at Oaks Park.

Bright lights and a large new ride are planned for the entertainment park. However, several neighbors and environmentalists protest.

The city’s lighting ordinance stipulates that outside lights must be shielded, oriented downward, and have a specific color temperature. Although they will shoot upward to light up the tower, the LED spotlights that will illuminate the new thrill coaster adhere to color standards. The lights, according to proponents, may disrupt the migratory birds’ routines, as they rely on the stars for guidance and frequently pause at the Oaks Bottom refuge for nourishment and rest.

The hearings officer, Doughman, said in his ruling that Oaks Park had adequately modified its lighting plan to prevent adverse effects, despite wildlife activists’ contention that the park could do more to adhere to outdoor lighting regulations.

Doughman, a land-use lawyer, stated that Oaks Park must reduce, not completely eradicate, adverse environmental effects in accordance with city regulation.

The proposal calls for the drop-tower lights to be illuminated 21 nights a year after sunset. Doughman made one change to the approval: after sundown in October, when the fall migration season is at its height, Oaks Park’s lights must only be red and orange in color.

According to Mary Coolidge, organizer of the Bird Alliance of Oregon’s BirdSafe & Lights Out program, the change is a positive move, but it’s still far too little. “Warmer lighting in October does nothing to protect birds coming through earlier,” she added, adding that migration season begins in September.

Experts who testified for both side during the appellate process occasionally disagreed on how much the lighting design affected wildlife. However, Doughman asserted that the experts at Oaks Park were more trustworthy than the advocates. While the appealing nonprofits hired a wildlife biology specialist and an engineer who, according to Doughman, has no training in biology or photometrics, the amusement park hired two electrical engineers and a wildlife biology expert.

According to Oaks Park’s last argument, Doughman also noted that the lowest elevation for migratory birds is 500 feet, which is far higher than the lights’ greatest vertical reach of 322 feet.

However, Coolidge noted that birds occasionally swoop lower than 500 feet since they must eventually ascend and descend. More significantly, she continued, light installations can divert birds from their path from a distance of several miles, thus the light fixture might still discourage and possibly catch migratory birds.

Brandon Roben, the CEO of Oaks Park, stated last month that the park plans to open the attraction in 2027.

Advocates like the Bird Alliance stated that they are not given up.

According to Coolidge of Bird Alliance and Nelson of Friends of Oaks Bottom, they intend to petition city officials to properly enforce the lighting regulation.

According to Coolidge, the norms were carefully crafted. It doesn’t make logical to merely have them get bucked. By indicating that the city will not enforce its own lighting ordinance, it creates a very risky precedent.

Additionally, the Bird Alliance may appeal to the state’s Land Use Board of Appeals. But according to Coolidge, that might be a costly and drawn-out procedure. In order to determine whether to proceed with another appeal, the organizations have until July 24.

“If they don’t, I want to try working directly with Oaks Park to make more concessions on the lighting plan,” Coolidge said.

She wants to persuade the amusement park to set a higher bar than the city is, Coolidge stated, by appealing to their neighbor’s conscience. However, that is yet to be determined.

For The Oregonian/OregonLive, Maddie Khaw reports on breaking news, public safety, and other topics. Your email address is mkhaw@oregonian.com.

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