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HomeMy WebLinkAboutPolicy Review Batch 2 Revised June 2023 Page 1 Policy Review – Group 2 Revised June 2023 TO: Deschutes 2040 Project Management Team FROM: Andrew Parish, Emma-Quin Smith, and Matt Hastie, MIG CC: DATE: June 15, 2023 INTRODUCTION This memorandum includes existing and recommended policy language related to the following Deschutes County Comprehensive Plan topics: 1. Forest Lands 2. Natural and Other Resources • Goal 5 Resources • Water Resources • Wildlife • Open Space and Scenic Views • Energy • Environmental Policy • Surface Mining • Cultural and Historic Resources 3. Natural Hazards POLICY REVIEW AND RECOMMENDATIONS The following tables list existing policy language in underline and strikeout, along with a column of notes and discussion describing changes and their rationale. Items that have changed since initial review by the Planning Commission are highlighted and policies that have been updated since the most recent PC meeting are noted in bold text. Changes are based on a review by County staff and the consultant team and public input to date. Additional changes may be identified through further community engagement and/or coordination with technical advisors. This is intended to be a DRAFT Policy Review – June 2023 Page 2 starting point for discussion with members of the Planning Commission. Numbering has been revised for consistency and navigation but likely will be updated again as the planning process proceeds. DRAFT Policy Review – June 2023 Page 3 Table 4. Forest Lands Policies Policy Language Notes and Discussion Goal 4.1: Protect and maintain forest lands for multiple uses and objectives, including forest products, watershed protection, conservation, recreation, and wildlife habitat protection, forest health, and wildfire resilience. Revised to include forest health and wildfire resistance and to clarify that this policy refers to a mix of uses and objectives. Policy 4.1.1 Retain forest lands through Forest 1 and Forest 2 zoning. No change currently recommended. Policy 4.1.2 To conserve and maintain unimpacted forest lands, retain Forest 1 zoning for those lands with the following characteristics: a. Consist predominantly of ownerships not developed by residences or non- forest uses; b. Consist predominantly of contiguous ownerships of 160 acres or larger; c. Consist predominantly of ownerships contiguous to other lands utilized for commercial forest or commercial farm uses; d. Are accessed by roads intended primarily for forest management; and e. Are primarily under forest management. No change currently recommended. May update at a later time concurrent with development code updates to create broader policy language coupled with detailed code provisions. Policy 4.1.3 To conserve and maintain impacted forest lands, retain Forest 2 zoning for those lands with the following characteristics: No change currently. Consider broader language in future concurrent with development code updates, similar to policies above. DRAFT Policy Review – June 2023 Page 4 Policy Language Notes and Discussion a. Consist predominantly of ownerships developed for residential or non-forest uses; b. Consist predominantly of ownerships less than 160 acres; c. Consist of ownerships generally contiguous to tracts containing less than 160 acres and residences, or adjacent to acknowledged exception areas; and d. Provide a level of public facilities and services, including roads, intended primarily for direct services to rural residences.” Policy 4.1.4 Notwithstanding any other quasi-judicial plan or zone change criteria, lands designated as Forest under this Plan and zoned Forest 2 may upon application be redesignated and rezoned from Forest 2 to Exclusive Farm Use if such lands: a. Do not qualify under State Statute for forestland tax deferral, b. Are not necessary to permit forest operations or practices on adjoining lands and do not constitute forested lands that maintain soil, air, water and fish and wildlife resources, c. Have soils on the property that fall within the definition of agricultural lands as set forth in Goal 3, d. Are a tract of land 40 acres or less in size, e. Do not qualify under State Statute and the terms of the Forest 2 zone for a dwelling, and; f. Were purchased by the property owner after January 1, 1985 but before November 4, 1993. No change recommended for now. Ultimately, recommend replacing this with broader language and reference to Development Code for rezoning criteria. DRAFT Policy Review – June 2023 Page 5 Policy Language Notes and Discussion Such changes may be made regardless of the size of the resulting EFU zoning district. Such changes shall be processed in the same manner as other quasi- judicial plan or zoning map changes. Policy 4.1.5 Ensure that criteria for and designation of Forest Lands are consistent with state administrative rules and statutes. Recommended new policy to help sync up County policies and development code provisions with state requirements. Policy 2.3.5 Uses allowed in Forest zones shall comply with State Statute and Oregon Administrative Rule. Unnecessary policy. Policy 4.1.6 Coordinate and cooperate with the U.S. Forest Service, the Bureau of Land Management and other public agencies to promote sustainable forest uses, including recreation and biomass facilities, on public forest land, including currently adopted Forest and Land Management Plans prepared by the US Forest Service (USFS) and US Bureau of Land Management (BLM). a. Using the Deschutes National Forest Land and Resource Management Plan, or its successor, as the basis for mutual coordination and cooperation with the U.S. Forest Service; b. Using the Prineville Bureau of Land Management Upper Suggest changes to make more general and refer to currently adopted management plans of the BLM and USFS. Added biomass facilities per PC comments. DRAFT Policy Review – June 2023 Page 6 Policy Language Notes and Discussion Deschutes Resource Management Plan, or its successor, as the basis for mutual coordination and cooperation with the Bureau of Land Management. coordination and cooperation with the Bureau of Land Management. Policy 4.1.7 Notify affected agencies and tribal governments when approving reviewing land use applications and proposals for development that could impact Federal or State forest lands. Revise to require notification as part of land use application review. Added reference to tribal governments as some ceded lands intersect with federal and state forest lands. Policy 4.1.8 Support community partners in acquisition and/or the maintenance of the Skyline Forest as a Community Forest. Removed. Same policy as 3.8.10 and is more applicable in that section. Relocated policy to 3.8.10 Policy 4.1.9 Support economic development opportunities that promote forest health, create opportunities for local production of related forest products, and reduce the prevalence of invasive plant species that adversely affect forest health and soil quality. Added more policy objectives per team member comments. Removed specific language per PC discussion (prior language copied below) Policy 4.1.9 Support economic development opportunities that promote forest health, create opportunities for local production of related forest products, and reduce the prevalence of juniper and other invasive plant species that adversely affect forest health and soil quality. Policy 4.1.10 Provide input on public forest plans that impact Deschutes County. No changes recommended. DRAFT Policy Review – June 2023 Page 7 Policy Language Notes and Discussion Policy 4.1.11 Apply for grants to review forest lands based on ORS 215.788- 215.794 (2009 HB 2229). Outdated policy, remove. Policy 4.1.12 Coordinate with community stakeholders to support forest management plans and projects that are consistent with the policies of this chapter and with local community forest management and wildfire protection plans. a. Promote forest health and resilience to wildfire. b. Contribute to public safety by treating wildland hazardous fuels particularly in the designated Wildlland Urban Interface as identified in the Community Wildfire Protection Plans described in Section 3.5 of this Plan; c. Retain fish and wildlife habitat. Removed duplicative language and focused policy on coordination with local stakeholder and consistency with local forest and wildfire protection plans. Policy 4.1.13 Continue to review and revise the County Code and revise as needed to ensure development in forest zones minimizes and/or mitigates impacts, particularly impacts on fish and wildlife habitat, forest health, and wildfire resiliency public fire safety. Revised for clarity and to refer to forest health and wildfire resiliency, consistent with other policy revisions. Also reflective of community input regarding wildfire risk and development. DRAFT Policy Review – June 2023 Page 8 Table 5. Goal 5 Program Policies Policy Language Notes and Discussion Goal 5.1: Protect Goal 5 Resources Maintain a current inventory of protected resources. This goal and its policies are generally about creating and maintaining inventories so the Goal language has been modified accordingly. This goal is a requirement of Goal 5 compliance. Specific comments will be addressed in other policies. Policy 2.4.1 Initiate a review of all Goal 5 inventories and protection programs. Addressed in Goal language. Policy 5.1.1 Until the County initiates amendments to the Goal 5 inventories and programs, all existing Goal 5 inventories, ESEEs and programs are retained and not repealed, except as noted in the findings for Ordinance 2011-003. Implement adopted Goal 5 inventories and their supporting findings as required by law to identify and regulate activities in areas with natural, scenic, cultural, and historic resources. Replaced with more directive policy language. Removed “the most recently” to simplify language. Policy 2.4.3 Review Goal 5 resources when a new Goal 5 resource is verified through the applicable state and county process, but at least every 10 years. Addressed by overall goal; suggest not including specific timeframe for updating these inventories. Policy 5.1.2 Provide and implement a process for new information to be considered for incorporation Incorporate new information into the County's Goal 5 resource inventory as requested by an applicant as available and as County staff resources allow. Edited to make language broader and focus on process for changes to inventory. Added Goal 5 specifically. DRAFT Policy Review – June 2023 Page 9 Policy Language Notes and Discussion Policy 5.1.3 Ensure consistency with the County’s Goal 5 program as As federal lands are sold to private owners., review the impacts to Goal 5 resources. Minor edits for consistency. Table 6. Water Resources Policies Policy Language Notes and Discussion Goal 6.1 Develop regional, comprehensive water management policies that balance the diverse needs of water users and recognize Oregon water law. No changes recommended. Lots of the items listed under this section are addressed by County Soil and Water Conservation District; SWCD can participate in these efforts; include them in policies in this section. People do want to do right by their property. Getting to a website to know what they can do would be really helpful and finding useful digestible info. Public comment: Appropriate to put a lot of emphasis on this topic in the Comp Plan. Water rights are a complex issue but there are strategies to address these issues. Sense that may be federal money available in future to address this issue. Discussion of storage as a potential strategy. Take advantage of federal money if/when it comes. DRAFT Policy Review – June 2023 Page 10 Policy Language Notes and Discussion Policy 6.1.1 Participate in Statewide and regional water planning including, but not limited to: a. Work cooperatively with stakeholders, such as the tribal governments, irrigation districts, Oregon Water Resources Department (OWRD), the Deschutes Water Alliance Basin Water Collaborative, the County Soil and Water Conservation District, and other non-profit water organizations and stakeholders; b. Supporting the creation and continual updating of development and implementation of Upper Deschutes Basin Study, Habitat Conservation Plan, and Biological Opinion from National Marine Fisheries Service for the middle and lower Deschutes Rivers. Minor changes to broaden recommended participation and reflect current program and organization names. Added SWCD per PC comments. Called out tribal government and irrigation districts as requested during stakeholder meetings. Updated studies. Policy 6.1.2 Support grants for water system infrastructure improvements, upgrades, or expansions. No changes recommended. Policy 6.1.3 Consider potential impacts on water quality and availability in surrounding areas as part of the Destination Resort siting, planning, and approval processes. New policy based on Phase 2 outreach results. Policy 2.5.3 Goal 5 inventories, ESEEs and programs are retained and not repealed. These ESEE policies are unnecessary and removed in several locations. Goal 6.2 Increase water conservation efforts. DRAFT Policy Review – June 2023 Page 11 Policy Language Notes and Discussion Policy 6.2.1 Promote Support efficient water use through targeted conservation, educational and, as needed, regulatory or incentive programs. a. Review County Code and revise as needed to e Ensure new development incorporates recognized efficient water use practices for all water uses. b. Encourage the reuse of grey water for landscaping. c. Encourage and educate the community about thinning or reduction of plant species (e.g., juniper) that adversely impact forest health, water availability, and soil quality. d. Encourage and educate the community about on-farm efficiency measures, including upgrades to equipment. e. Encourage and educate the community about use of voluntary metering of water use to monitor seasonal impacts on water use. f. Provide access to educational materials and tools related to water conservation including publications, information about grant opportunities, and/or partner with organizations on educational events. Added language related to juniper thinning in response to expert guidance and community input, educational content, and minor edits. Added more emphasis on education, per PC comments. Policy 6.2.3 Promote a coordinated regional water conservation efforts and implementation by regional and local organizations and agencies, that including increasing public awareness of and implementing water conservation tools, incentives, and best practices. Expanded language related to partnering with other agencies. Policy 6.2.4 Revised to add specific language related to piping of canals and other onsite efficiency measures. DRAFT Policy Review – June 2023 Page 12 Policy Language Notes and Discussion Support conservation efforts by irrigation districts and property owners, including programs to provide incentives for water conservation, including piping of canals and laterals, water banking, exchanges of water rights, voluntary transfers of in-stream flows, onsite efficiency measures, and other means. Added other conservation means per PC comments. Added reference to property owners for private piping projects per irrigation districts request. Goal 6.3 Maintain and enhance a healthy ecosystem in the Deschutes River Basin. Policy 6.3.1 The County shall Notify the Oregon Division Department of State Lands and other state and federal agencies as appropriate and the Oregon Department of Fish and Wildlife of any development applications for land within a wetland identified on the statewide wetland inventory maps. National Wetland Inventory or South Deschutes County Local Wetland Inventory maps. Minor changes for consistency; removed references to ODFW since they are not typically involved in wetland regulation and broadened language to reference appropriate state and federal agencies. Policy 6.3.2 Work with stakeholders to restore, maintain and/or enhance healthy river and riparian ecosystems and wetlands, including the following: a. Encourage efforts to address fluctuating water levels in the Deschutes River system; b. Cooperate to improve surface waters, especially those designated water quality impaired under the federal Clean Water Act; c. Support research on methods to restore, maintain and enhance Minor revisions to address staff and team member recommendations. DRAFT Policy Review – June 2023 Page 13 Policy Language Notes and Discussion river and riparian ecosystems and wetlands; d. Support restoration efforts for river and riparian ecosystems and wetlands; e. Inventory and consider protections for cold water springs; f. Evaluate waterways in coordination with OPRD for possible designation under the Scenic Waterways program; g. In collaboration with stakeholders, map channel migration zones and identify effective protections; h. Develop comprehensive riparian management or mitigation practices that enhance ecosystems, such as criteria for removal of vegetation that adversely impacts water availability and soil health. Policy 6.3.3 Support studies of the Deschutes River ecosystem and incorporate strategies from current watershed studies that provide new scientific information on about the Deschutes River ecosystem, such as the 2010 Local Wetland Inventory adopted in Ordinance 2011- 008. Updated to make more general and remove references to older studies. Policy 6.3.4 Support educational efforts and identify areas where the County could provide information on the Deschutes River ecosystem, including rivers, riparian areas, floodplains and wetlands. Minor revisions for clarity. DRAFT Policy Review – June 2023 Page 14 Policy Language Notes and Discussion a. Explore methods of ensuring Support efforts to educate property owners know and to understand regulations for pertaining to rivers, riparian areas, floodplains and wetlands. Policy 6.3.5 In coordination with OWRD, sSupport the current high priority actions and strategies within the Upper Deschutes Basin Study developed by the OWRD and Deschutes Basin Water Collaborative for from the Deschutes River and its tributaries Mitigation and Enhancement program Committee’s 2008 Upper Deschutes River Restoration Strategy. Remove policy. This policy was intended to target M&E committee, but no longer a necessary policy. Goal 6.4 Maintain and enhance fish and riparian-dependent wildlife populations and riparian habitat. Revised language to include riparian-dependent wildlife populations. Policy 6.4.1 Coordinate with stakeholders to protect and enhance fish and wildlife habitat in river and riparian habitats and wetlands. No changes recommended. Policy 6.4.2 Promote healthy fish populations through incentives and education. No changes recommended. Policy 6.4.3 Support healthy native fish populations through coordination with stakeholders who provide fish habitat management and restoration. No changes recommended. DRAFT Policy Review – June 2023 Page 15 Policy Language Notes and Discussion a. Review, and apply where appropriate, strategies for protecting fish and fish habitat. b. Promote salmon recovery through voluntary incentives and encouraging appropriate species management and habitat restoration. Policy 6.4.4 Review Habitat Conservation Plans for species listed under the Endangered Species Act, to identify appropriate new policies or codes. a. Spawning areas for trout should be considered significant habitat and should be protected in rivers and streams. b. Cooperate with irrigation districts in preserving spawning areas for trout, where feasible. No changes recommended. Policy 6.4.5 Use a combination of incentives and/or regulations to mitigate development impacts on river and riparian ecosystems and wetlands. No changes recommended. Policy 6.4.6 Support plans, cooperative agreements, education, water quality monitoring and other tools that protect watersheds, reduce erosion and runoff, enhance riparian vegetation, and protect other natural water systems/processes that filter and/or clean water and preserve water quality. Added language from recent water quality enhancement documents (from Oregon Department of Agriculture). DRAFT Policy Review – June 2023 Page 16 Policy Language Notes and Discussion Policy 6.4.7 Coordinate with the Oregon Department of Environmental Quality and other stakeholders on regional water quality maintenance and improvement efforts such as identifying and abating point (single- source) and non-point (unidentified or multiple-source) pollution or developing and implementing Total Maximum Daily Load and Water Quality Management Plans. Added definitions of point and non-point pollution. Policy 6.4.8 Coordinate with stakeholders to address water-related public health issues. a. Support amendments to State regulations to permit centralized sewer systems in areas with high levels of existing or potential development or identified water quality concerns. b. If a public health hazard is declared in rural Deschutes County, expedite actions such as legislative amendments allowing sewers or similar infrastructure. No changes recommended. Policy 2.5.20 Work with the community to expand the range of tools available to protect groundwater quality by reviewing new technologies, including tools to improve the quality and reduce the quantity of rural and agricultural stormwater runoff. Deleted and replaced with new policy 6.4.10 below. Policy 6.4.9 Minor text change for clarity DRAFT Policy Review – June 2023 Page 17 Policy Language Notes and Discussion Explore Continue to evaluate and/or implement adoption of new ordinances regulations, such as a wellhead protection ordinance for public water systems, in accordance with applicable Federal and/or State requirements. Policy 6.4.10 Coordinate and work with the Oregon Department of Agriculture and agricultural uses to support and implement proven new technologies and best practices to maintain and enhance water quality, such as minimizing nitrate contamination, maintaining streamside vegetation, reducing streambank soil erosion and runoff, limiting livestock access to riparian areas, and minimizing weeds and bare patches in grazing areas. New policy based on ODA water quality management recommendations. Incorporated relevant language from policy 2.5.20. Policy 6.4.11 Support regulations, education programs and cleaning procedures at public and private boat landings. Moved here from following section. Goal 6.5 Coordinate land use and water policies to address management and allocation of water in Deschutes County. Minor changes to clarify intent of goal and subsequent policies. Policy 6.5.1 No changes. DRAFT Policy Review – June 2023 Page 18 Policy Language Notes and Discussion Coordinate with other affected agencies when a land use or development application may impact river or riparian ecosystems or wetlands. Policy 6.5.2 Encourage Regulate land use patterns and promote best practices to preserve the integrity of the natural hydrologic system, and recognize the relationship between ground and surface water, and address water impacts of new land uses and developments, including water-intensive uses. Updated for clarity and combined with policy below. Policy 2.5.24 Ensure water impacts are reviewed and, if necessary, addressed for significant land uses or developments. Combined with policy above. Policy 6.5.3 Evaluate methods of modeling the cumulative impacts of new land uses or developments on water quality and quantity. Support OWRD’s efforts to update and modernize Oregon’s groundwater allocation rules and policies to protect existing surface water and groundwater users and to maintain sustainable groundwater resources. Recommend updating based on review of OWRD Deschutes Groundwater Mitigation program documents. Policy 6.5.4 Support efforts by the OWRD in collaboration with Central Oregon Cities Organization and non-governmental organizations to revisit the Deschutes Basin Groundwater Mitigation Program. New policy incorporating overall goals from Deschutes Groundwater Mitigation program, focused on collaborative efforts. DRAFT Policy Review – June 2023 Page 19 Policy Language Notes and Discussion Policy 6.5.5 Explore an intergovernmental agreement Coordinate with the irrigation districts for to ensureing irrigated land partitions and lot line adjustments are not approved without notice to and comment by the affected district. Minor revisions for clarification and to reflect current efforts. Policy 6.5.6 Explore Utilize Central Oregon Stormwater Manual to incorporate apply appropriate stormwater management practices into land use Deschutes County Code. decisions. Minor revisions for clarity. Policy 6.5.7 Support Allow for development of wastewater facilities and improvements where warranted needed or required to address water quality issues and maintain water quality, consistent with state and local wastewater system requirements. Revised to clarify intent and to reference reasons and limitations associated with allowing facility improvements. Policy 2.5.29 Support regulations, education programs and cleaning procedures at public and private boat landings. Moved to water quality section. DRAFT Policy Review – June 2023 Page 20 Table 7. Wildlife Policies Policy Language Notes and Discussion Goal 7.1 Maintain and enhance a diversity of wildlife and habitats. No proposed changes. Policy 2.6.1 Goal 5 wildlife inventories, ESEEs and programs are retained and not repealed. This and other duplicative ESEE policies removed. Policy 7.1.2 Promote stewardship of wildlife habitats and corridors, particularly those with significant biological, ecological, aesthetic and recreational value through incentives, public education, and development regulations. Simplified language and added specific types of strategies. Phase 2 outreach shows support for a combination of regulation and incentives to help protect wildlife Policy 7.1.3 Ensure Goal 5 wildlife inventories and habitat protection programs are up-to-date through public processes, expert sources, and current or recently adopted plans and studies, such as the 2009 Interagency Report. Removed reference to potentially outdated report. Policy 7.1.4 Support Provide incentives for new development to be compatible with and to enhance wildlife habitat for restoring and/or preserving significant wildlife habitat by traditional means such as zoning or innovative means, including land swaps, conservation easements, Made more general; citied specific strategies in other policies. DRAFT Policy Review – June 2023 Page 21 Policy Language Notes and Discussion transfer of development rights, tax incentives or purchase by public or non-profit agencies. Policy 2.6.5 Assist in providing information and education on wildlife and habitat protection. Incorporated in Policy 7.1.2. Policy 2.6.6 Review the Oregon Conservation Strategy when amending the Wildlife section of this Plan. Removed specific reference in case of renaming or future updates. Policy 2.6.7 Promote stewardship of wildlife habitat through incentives, public education, and development regulations. Removed; duplicative of Policy 7.1.2. Policy 7.1.5 Require, incentivize, or encourage clustering of development (structures, infrastructure, and other activities with a negative habitat impact) in inventoried wildlife areas to reduce impacts to wildlife populations. New policy from community input. Added language in response to PC discussion. Goal 7.2 Balance protection of wildlife and habitat with the economic and recreational benefits of wildlife and habitat. Added language about balancing these goals. Policy 7.2.1 Added "responsible," “sustainable,” and "and recreation." DRAFT Policy Review – June 2023 Page 22 Policy Language Notes and Discussion Encourage responsible and sustainable wildlife related tourism and recreation. Policy 7.2.2 Coordinate with stakeholders to ensure access to appropriate recreational opportunities within significant wildlife and riparian habitat through public or non-profit ownership. Added specificity. Goal 7.3. Support retaining populations of Federal and State protected and endangered species. Comply with federal and state regulations related to threatened, endangered, and protected species. Edits to reflect PC discussion. Policy 7.3.1 Coordinate with Federal and State agencies to develop local approaches in coordination with Federal and State agencies strategies to protect Federal or State Threatened or Endangered Species, or Species of Concern. Minor edit for clarity. Policy 7.3.2 Address Mitigate potential conflicts between large-scale development and sage grouse habitat. using Ordinances Nos. 2015- 010 and 2015-011, which are consistent with OAR 660-023-0115. Eliminated references to specific ordinances and OARs. Policy 7.3.4 Minor changes for clarity. Moved here from water resources section. DRAFT Policy Review – June 2023 Page 23 Policy Language Notes and Discussion Consider adopting regulations forSupport recommendations from dock construction based on recommendations of the Oregon Department of Fish and Wildlife and the Deschutes River Mitigation and Enhancement Program in dock construction. Reverted some language to original policy language to reflect concerns over safety of ODFW dock design specifications. The County would not be able to “support” the guidelines without updating county code. Table 8. Open Space, Scenic Views Policies Policy Language Notes and Discussion Goal 8.1 Coordinate with property owners to protect open spaces, scenic views, and scenic sites areas and corridors. Minor edits. Options for minor language change per Commissioner Cyrus’ comments: Option A: Coordinate with property owners to protect open spaces, scenic views, and scenic areas and corridors. Option B: Coordinate with property owners to protect open spaces, scenic views, and scenic areas and corridors through incentive programs. Policy 2.7.1 Goal 5 open spaces, scenic views and sites inventories, ESEEs and programs are retained and not repealed. These ESEE policies are duplicative. Policy 8.1.1 Cooperate with stakeholders to establish a comprehensive system of connected open spaces. Reworded for clarity, intent. Options for minor language change per Commissioner Cyrus’ comments: DRAFT Policy Review – June 2023 Page 24 Policy Language Notes and Discussion Work with stakeholders to create and maintain a system of connected open spaces. Option A: Work with stakeholders to create and maintain a system of connected open spaces. Option B: Work with stakeholders to create and maintain a system of connected open spaces while recognizing private property rights. Policy 8.1.2 Support efforts to identify and protect significant open spaces and visually important areas including those that provide a visual separation between communities such as Work to maintain the visual character and rural appearance of open spaces such as the area along Highway 97 that separates the communities of Bend and Redmond or lands that are visually prominent. Converted to an explicit policy about the area between Bend and Redmond. Additional wording changes for clarity. Added language to leave policy open to additional areas. Policy 8.1.3 Encourage a variety of approaches that Protect significant open spaces, scenic views, and scenic sites by encouraging new development to be sensitive to these resources. Revised wording and consolidated with policy 2.7.5 below. This policy and 8.1.4 are similar but also get at different things to some degree. Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites. Included in previous policy. Policy 8.1.4 Review County Code and revise as needed to protect open space and scenic views and sites, including: Eliminated as completed; replaced with more general policy language. DRAFT Policy Review – June 2023 Page 25 Policy Language Notes and Discussion a. Provide incentives to locate structures in forests or view corridors so as to maintain the visual character of the area; b. Work with private property owners to provide incentives and mitigations for protecting visually important areas from development impacts; c. Maintain and revise if needed, the Landscape Management Combining Zone code to effectively protect scenic views while minimizing impacts on property owners; d. Review County Code, including sign and cell tower code and proposed wind turbine code, to effectively protect scenic views while minimizing impacts on property and business owners; e. Review County Code for ways to mitigate for developments that significantly impact scenic views. Incentivize the placement of structures in a way that is sensitive of view corridors to maintain the visual character of the area. Table 9 Energy Policies Policy Language Notes and Discussion Goal 9.1 Promote Energy Conservation and Alternative Energy Production Current Policies in this goal intermingle conservation and alternative energy production. Policy 9.1.1 Changed verbiage to reflect ongoing efforts. DRAFT Policy Review – June 2023 Page 26 Policy Language Notes and Discussion Continue to incorporate energy conservation into the building and management of all County operations and capital projects using regular energy audits to refine the results. Policy 9.1.2 Reduce energy demand by supporting energy efficiency in all sectors of the economy. No changes recommended. Policy 9.1.3 Encourage energy suppliers to explore innovative alternative energy conservation technologies and provide energy audits and incentives to patrons. Minor changes recommended. Policy 9.1.4 Support stakeholders that promote energy conservation. Remove to reduce redundancy. Policy 9.1.4 Review County Code and revise as needed to ensure effective energy conservation regulations, such as revising County Code on solar energy to create flexibility and permit exceptions for small properties and sites with specific anomalies. Provide flexibility and exemptions for small properties and anomalous sites in the development code to promote energy conservation. Revised to be more directive Goal 9.2 Added oxford comma. Combined with Goal 3. DRAFT Policy Review – June 2023 Page 27 Policy Language Notes and Discussion Promote affordable, efficient, reliable, and environmentally sound commercial energy systems for individual homes, and business consumers. Policy 9.2.1 Review the development code to permit p Promote development of solar, hydropower, wind, geothermal, biomass and other alternative energy systems for homes and businesses while mitigating impacts on neighboring properties and the natural environment. Minor rewording for clarity and to cite examples of alternative energy sources and systems. Edits for clarity. Added hydropower. Policy 9.2.2 Support Provide incentives for homes and businesses to install small-scale on-site alternative energy systems consistent with adopted County financing programs. Changed to "Provide incentives" and reference adopted County programs. Policy 9.2.3 Support development of electric vehicle charging stations and facilities to help promote use of electric vehicles. Added as placeholder; may move or remove later if duplicated in TSP. Goal 9.3 Promote affordable, efficient, reliable, and environmentally sound commercial energy facilities Deleted and combined with Goal 2. Policy 9.2.4 Review Use the development code to promote commercial renewable energy projects that address all project components Changed from a one-time action to a continuing course of action and made other minor revisions. DRAFT Policy Review – June 2023 Page 28 Policy Language Notes and Discussion while addressing and mitigating social impacts on the community and natural environment. Policy 9.2.5 Support commercial renewable energy projects, including the following a. Review the concept of Rural Renewable Energy Development Zones ; b. Support studies that identify and inventory potential significant commercial energy resource sites; c. Examine alternatives to protect identified significant commercial energy resource sites; d. Support the use and marketing of methane gas from County Landfills. Use Oregon's Rural Renewable Energy Development Zones to support the creation of renewable energy projects. Split into multiple policies Policy 9.2.6 Identify, protect, and support the development of significant renewable energy sites and resources. New policy based on (b) above with minor edits. Policy 2.8.10 Encourage commercial renewable energy providers to supply local power. Removed as unnecessary. DRAFT Policy Review – June 2023 Page 29 Policy Language Notes and Discussion Policy 2.8.11 Goal 5 energy inventories, ESEEs and programs are retained and not repealed. These ESEE policies are redundant; replaced with blanket policy elsewhere. Replaced with blanket policy elsewhere. Table 10. Environmental Quality Policies Policy Language Notes and Discussion Goal 10.1 Maintain and improve upon the quality of air and land water in Deschutes County. Deleted water since water quality is addressed under water quality goal within water resources section. Include references to air quality impacts of wildfires in the natural hazards section. Policy 10.1.1 Support environmental stewardship in County operations and capital projects, including where feasible, using resource-efficient building techniques, materials and technologies in County building projects. Use building techniques, materials, and technologies in existing and future County operations and capital facilities that help maintain and improve environmental quality. More active language; applied to current and future facilities and operations. Policy 10.1.2 Maintain County noise and outdoor lighting codes and revise as needed. Implement a dark skies educational and or incentive program and periodically update the Dark Skies ordinance to reduce the impacts Revised to target dark skies based on community input. DRAFT Policy Review – June 2023 Page 30 Policy Language Notes and Discussion of light pollution and reduce lighting impacts on adjacent properties. Policy 2.9.3 Where research identifies environmentally sensitive areas, work with agencies and stakeholders to protect those areas or minimize adverse land use or development impacts. Removed to reduce redundancy. Addressed in Goal 5 policies and elsewhere. Policy 10.1.3 Coordinate with agency partners to educate residents about controlled burning projects and air quality concerns. New policy added based on community input. Draft text for now to address concerns from residents that we've heard for air quality related to wildfire/burning. Policy 10.1.4 Be a leader in the control of noxious weeds and invasive species through education and regulations. a. Support education for the community and for County departments on how to recognize and report on noxious weeds. Use public education, education for County departments, and regulations to control noxious weeds and invasive species. Rephrased for consistency. Policy 10.1.5Monitor and mitigate the impacts of wildfire-related air quality impacts in the County, to the extent possible. Recommend removing this policy, it is covered in the natural hazards section. Goal 10.2 Promote sustainable building practices that minimize the impacts of development on the natural environment. Slight wording change. Policy 10.2.1 Changed from a one-time action to a continuing course of action and made other minor revisions. DRAFT Policy Review – June 2023 Page 31 Policy Language Notes and Discussion Review Use the County Code and educational materials to promote the use of resource-efficient building and landscaping techniques, materials, and technologies that minimize impacts to environmental quality. Policy 10.2.2 Encourage and support reuse and recycling of consumer goods, green waste, construction waste, hazardous waste, and e-waste through education and enhanced recycling opportunities through the Recycling Program. a. Provide convenient recycling at all County events and in all County facilities. b. Provide convenient opportunities to recycle materials and compost green waste in locations at transfer stations and through home pick up. c. Provide convenient opportunities for disposal of hazardous waste and e-waste. d. Aim for 80% recycling of construction waste in all County building projects. e. Promote 20% recycling of construction waste in all projects requiring a building permit. f. Support businesses and industries that utilize recyclable materials. Edited to streamline policy language. Specific program initiatives can be called out in more detail in recycling program documents. Policies are similar to 3.6 (Goal 2) – consider relocating. Policy 10.2.3 Support the process for siting new County solid waste management facilities in rural Deschutes County, consistent with facility needs Added new policy associated with siting of new solid waste facilities. DRAFT Policy Review – June 2023 Page 32 Policy Language Notes and Discussion and County standards for the location and approval of such facilities. Do we need any policies related to management of the facility (e.g., implement best practices related to solid waste management). Policy 10.2.4 Implement best practices in solid waste management throughout the County. New policy per PC discussion. Policy 10.2.4 Develop and implement a Climate Action Plan to address the potential future impacts of climate change on Deschutes County. New policy per Phase 2 outreach results. Policy 10.2.5 Promote and incentivize green infrastructure in new development to improve stormwater management. New policy. Moved from Natural Hazards section. Table 11. Surface Mining Policies Policy Language Notes and Discussion Goal 11.1 Protect and utilize mineral and aggregate resources while minimizing adverse impacts of extraction, processing and transporting the resource. No changes recommended. Policy 2.10.1 Goal 5 mining inventories, ESEEs and programs are retained and not repealed. Implement adopted Goal 5 Surface Mining inventories. These ESEE policies are redundant. Replaced with blanket policy elsewhere. DRAFT Policy Review – June 2023 Page 33 Policy Language Notes and Discussion Policy 11.1.1 Cooperate and Coordinate with the Oregon Department of Geology and Mineral Industries (DOGAMI) on mining regulations and studies. Minor rewording Policy 11.1.2 Balance protection of mineral and aggregate resources with conflicting resources and uses. No change recommended. Policy 11.1.3 Review surface mining codes and revise as needed to consider especially mitigation factors, imported material and reclamation. Use the development code to address mitigation, aggregate transportation, and aggregate site reclamation. Revised for clarity. Policy 2.10.5 Review surface mining site inventories as described in Section 2.4, including the associated Economic, Social, Environmental and Energy (ESEE) analyses. Removed as redundant. Policy 11.1.4 Support by private property owners and appropriate regulatory agencies to address the required reclamation of mining sites following approved under 660-016 mineral extraction. Removed specific OAR references. DRAFT Policy Review – June 2023 Page 34 Table 12. Cultural and Historic Resources Policy Language Notes and Discussion Goal 12.1 Promote the preservation of designated historic and cultural resources through education, incentives, and voluntary programs. Added Oxford comma. Per review of these policies with the County Historic Landmarks Commission and SHPO, no changes are recommended. Policy 12.1.1 The Historic Landmarks Commission shall take the lead in promoting historic and cultural resource preservation as defined in DCC 2.28. a. Support incentives from the State Historic Preservation Office (SHPO) or other agencies for private landowners to protect and restore historic resources. b. Support the Historic Landmarks Commission to promote educational programs to inform the public of the values of historic preservation. c. Support improved training for the Historic Landmarks Commission. d. Support the goals, objectives, and actions of the Historic Preservation Strategic Plan. Added references to SHPO and the County’s Historic Preservation Strategic Plan. Policy 12.1.2 Coordinate cultural and historic preservation with the Oregon State Historic Preservation Office. a. Maintain Deschutes County as a Certified Local Government, Minor changes. DRAFT Policy Review – June 2023 Page 35 Policy Language Notes and Discussion which includes the City of Sisters. b. Encourage private property owners to coordinate with the State Historic Preservation Office. Policy 2.11.3 Goal 5 historic inventories, ESEEs and programs are retained and not repealed, except for the amendment noted in Ordinance 2011- 003. Redundant. Replaced with blanket policy elsewhere. Policy 12.1.3 Coordinate with Native American tribes tribal governments and SHPO to adopt a program to identify and protect archaeological and cultural resources, as appropriate, and prevent conflicting uses from disrupting the scientific value of known sites. Recommended new policy. Amended language for consistency with other policies. Table 13. Natural Hazards Policies Policy Language Notes and Discussion Goal 13.1 Protect people, property, infrastructure, the economy and the environment from natural hazards. Develop policies, partnerships, and programs to increase resilience and response capacity in order to protect people, property, infrastructure, the economy, natural resources, and the environment from natural hazards. Revised to be consistent with policy language in Natural Hazards Mitigation Plan. Goal focuses on partnerships and coordination. DRAFT Policy Review – June 2023 Page 36 Policy Language Notes and Discussion Policy 13.1.1 Adopt by reference the most recent Deschutes County Natural Hazards Mitigation Plan into this Plan. a. Review and evaluate this Section of the Comprehensive Plan every five years. b. Adopt by reference Community Wildfire Protection Plans and revisions into this Plan. Partner with county, state, and regional partners to regularly update and implement the Deschutes County Natural Hazards Mitigation Plan. Removed outdated policies. Replaced with references to the NHMP. Policy 13.1.2 Collaborate with federal, state, and local partners to maintain updated mapping of high wildfire risk areas, floodplains, and other high risk natural hazard areas within the county per SB 762. Reflects current state requirements and language from Natural Hazards Mitigation Plan. Policy 13.1.3 Communicate and cooperate with stakeholders federal, state, and local entities to clarify responsibilities regarding wildfire mitigation and suppression to improve fire protection services. a. Analyze and address natural hazards; b. Raise public awareness of natural hazards; c. Support research or studies on natural hazard issues and solutions. Revised to reflect policy language specifically related to wildfire mitigation and suppression. Other items from this policy are included in updated policies below. Policy 3.5.3 Coordinate with emergency service providers when new development is proposed. Moved to Goal 2, reworded for clarity. DRAFT Policy Review – June 2023 Page 37 Policy Language Notes and Discussion Policy 13.1.4 Use the development code to pProvide incentives and, if needed, regulations, to manage development in areas prone to natural hazards. Tied policy to the development code and emphasized regulatory action. Policy 13.1.5 Work with agency partners to address and respond to increased episodes of poor air quality resulting from wildfires in the region. New policy addressing air quality. Consider cross- referencing with air quality section at some point. Policy 13.1.6 Balance protection Protect of wildlife with wildland fire mitigation measures on private lands in the designated Wildland Urban Interface. Broadened policy to address all private lands and moved here from an earlier section. Shifted from wildlife section. Changed “responsibilities” to “measures.” Policy 3.5.5 Development should be designed to minimize alteration of the natural land form in areas subject to slope instability, drainage issues or erosion. Moved to Goal 2. Policy 3.5.6 Critical facilities (schools, churches, hospitals and other facilities as defined by the Federal Emergency Management Agency) should be located outside high risk natural hazard areas, where possible. Replaced by a policy in Goal 2. DRAFT Policy Review – June 2023 Page 38 Policy Language Notes and Discussion Policy 13.1.7 Address wildfire danger threats particularly in the wildland urban interface. a. Survey and map wildfire hazard at risk areas using the Wildfire Hazard Identification and Mitigation System b. Survey and map all areas not protected by structural fire protection agencies. Moved secondary policy language to a new policy. Policy 13.1.8 Identify all areas not protected by structural fire protection agencies and promote discussions to address fire protection in unprotected lands in the County. Expanded policy language to emphasize need to address currently unprotected areas. Policy 13.1.9 Support forest management practices that reduce severe wildfire hazards. areas, as identified by the Wildfire Hazard Identification and Mitigation System, to a low or moderate rating, particularly in areas with development. See above. Policy 13.1.10 Support local fire protection districts and departments in providing and improving fire protection services. No changes recommended. Policy 3.5.10 Regulate development in designated floodplains identified on the Deschutes County Zoning Map based on Federal Emergency Management Act regulations. Moved to Goal 2 DRAFT Policy Review – June 2023 Page 39 Policy Language Notes and Discussion a. Participate in and implement the Community Rating System as part of the National Flood Insurance Program. b. Cooperate with other stakeholders to identify alternatives for acquiring and/or relocating existing structures prone to flooding. Policy 13.1.11 Continue to review and revise County Code as needed to: a. Ensure that land use activities do not aggravate, accelerate or increase the level of risk from natural hazards. b. Address wildfire concerns to and from development, through consideration of site location, building construction and design, landscaping, defensible space, fuel management, access and water availability. b. Require development proposals to include an impact evaluation that reviews the ability of the affected fire agency to maintain an appropriate level of service to existing development and the proposed development. c. Minimize erosion from development and ensure disturbed or exposed areas are promptly restored to a stable, natural and/or vegetated condition using natural materials or native plants. d. Ensure drainage from development or alterations to historic drainage patterns do not increase erosion on-site or on adjacent properties. e. Make the Floodplain Zone a combining zone and explore ways to minimize and mitigate floodplain impacts. Reduce problems associated with administration of the Floodplain Zone. f. Require new subdivisions and destination resorts to achieve Various components moved to new policies in other sections. Specific edits to Floodplain and Fire Mitigation Standards policies. DRAFT Policy Review – June 2023 Page 40 Policy Language Notes and Discussion FireWise Standards or other currently accepted fire mitigation standards from the beginning of the projects and maintain those standards in perpetuity. Goal 13.2 Ensure the County’s built environment and infrastructure are adequately prepared for natural disasters. New goal language focusing on the built environment. Policy 13.2.1 Increase the quality, resiliency, diversity, and redundancy of utility and transportation infrastructure to increase chances of continued service following a natural disaster. New policy. Policy 13.2.2 Prohibit the development of new essential public facilities and uses that serve vulnerable populations from being located within areas at high risk of flooding and wildfire, and aim to relocate existing uses in these areas. Update of Policy 3.5.6 Removed “landslides, liquefaction” Policy 13.2.3 Support siting of Central Oregon Ready, Responsive, Resilient (CORE3) regional coordinated emergency services training facility. New policy. (reviewed at 12.8 meeting, spelled out acronym for clarity). Policy 13.2.4 Coordinate with emergency service providers when new development is proposed to ensure that response capacity can meet the needs of the new development. Formerly Policy 3.5.3. Reworded for clarity. DRAFT Policy Review – June 2023 Page 41 Policy Language Notes and Discussion Policy 13.2.5 Require new development to follow home hardening, defensible space, and other resilient design strategies in areas prone to wildfires and other natural hazards. Previously part of Policy 3.5.11. Policy 13.2.6 Encourage and incentivize development that exceeds minimum building code standards and promote retrofitting of existing development for better natural disaster resiliency. New policy. Policy 13.2.7 Promote and incentivize green infrastructure in new development to improve stormwater management. New policy. Moved to environmental quality section. Policy 13.2.8 Require development to be designed to minimize alteration of the natural landform in areas subject to slope instability, drainage issues or erosion. Formerly Policy 3.5.5. Policy 13.2.9 Regulate development in designated floodplains identified on the Deschutes County Zoning Map based on Federal Emergency Management Act regulations. a. Continue evaluation of participation in and implementation of the Community Rating System as part of the National Flood Insurance Program. Formerly Policy 3.5.10. DRAFT Policy Review – June 2023 Page 42 Policy Language Notes and Discussion b. Cooperate with other stakeholders to identify alternatives for acquiring and/or relocating existing structures prone to flooding. c. Continue to coordinate with stakeholders and agency staff to correct mapping errors. Goal 13.3 Develop programs that inform the public about the increased risks from natural hazards. New goal focusing on involving the public. Policy 13.3.1 Identify high risk, high need populations and ensure equitable access to emergency preparedness and recovery services. Increase outreach and education for hazard awareness and natural disaster preparedness, especially for low-income, elderly, non-English speaking, and other vulnerable populations. New policy. Policy 13.3.2 Increase outreach and education for hazard awareness and natural disaster preparedness, especially for low-income, elderly, non-English speaking, and other vulnerable populations. New policy split from 13.3.1. Policy 13.3.2 Expand partnerships with government agencies, utilities, and other groups that can help Deschutes County residents prepare for natural disasters. New policy. Policy 13.3.3 New policy. DRAFT Policy Review – June 2023 Page 43 Policy Language Notes and Discussion Work with regional partners to establish and maintain adequate support for a Deschutes County Community Emergency Response Team (CERT) to aid in responding to natural hazard events. Policy 13.3.4 Promote and support business resilience planning. New policy.