1986-12417-Ordinance No. 86-055 Recorded 6/30/1986REVIEWED
LEGOAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
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An Ordinance Amending Ordi-
nance No. PL -11, Bend Urban
Growth Boundary Zoning Ordi-
nance, as Amended, To Define
Conservation Easement, Require*
Conservation Easement As
Condition of Approval For
Land Use Actions on Property
Adjacent to Certain Rivers
and Streams, Adopting Findings*
and Conclusions, and Declaring*
an Emergency.
JUL 1986 VOL 72 ?Au 389
ORDINANCE NO. 86-055
fy06'
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 4, Ordinance No. PL -11, Bend Urban
Growth Boundary Ordinance, as amended, is further amended to add
the following definition:
"(47A) Conservation Easement. A non -possessory inter-
est in real property conveyed by the property
owner to the County, imposing limitations or
affirmative obligations concerning the use of
the property. The purposes of a conservation
easement include, but are not limited to, re-
taining or protecting natural, scenic or open
space values, public access, protecting natural
resources, maintaining or enhancing air and
water quality, and preserving the historical,
archaeological or cultural aspects of the prop-
erty."
Section 2. Section 27, Interpretation and Exceptions,
Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance,
as amended, is further amended to add the following:
"(12) Conservation.Easements On Property Adjacent
To Rivers And Streams; Prohibitions.
(a) As a condition of approval of all land use
actions involving property adjacent to the
Deschutes River and Tumalo Creek, the prop-
erty owner shall convey to the County a
conservation easement, as defined in Sec -
1 - ORDINANCE NO. 86-055
VOL 72 pr,�c ?Qp
tion 4(47A) of this Ordinance, affecting
all property on the subject lot which is
within 10 feet of the mean high water mark
of the Deschutes River or Tumalo Creek.
(b) The form of the conservation easement shall
be as prescribed by the County and may
contain such conditions as the County deems
necessary to carry out the purposes de-
scribed in Section 4(47A) of this Ordi-
nance.
(c) Any public access required as part of a
conservation easement shall be subject to
the following conditions and limitations:
(i) Public access shall be limited to
foot traffic for recreational pur-
poses and the putting in or taking
out of boats.
(ii) Unless otherwise permitted by the
affected property owner, public
access does not allow public passage
through other private property to
gain access to the property subject
to the conservation easement.
(iii) Unless otherwise permitted by state
law, county ordinance or the property
owner, no person on the subject prop-
erty as a result of a public access
requirement of a conservation ease-
ment shall deposit solid waste,
damage or remove any property (inclu-
ding wildlife and vegetation) main-
tain or ignite fires or fireworks,
discharge firearms, or camp."
Section 3. The Board of County Commissioners adopts as its
findings and conclusions supporting the amendments in Sections 1
and 2 of this Ordinance the Staff Report, dated May 21, 1986,
relating to the Deschutes River Corridor.
Section 4. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
2 - ORDINANCE NO. 86-055
VOL 72 PAGE 3.,91
DATED this 4;19 day of Loi , 1986.
ff/OARD,,PF COUNTY COMMIS ONERS
OF D HUT W COUNTY, AbRGON
ATTEST:
Recording Secretary
3 - ORDINANCE NO. 86-055
ISTOW PRANTE, Chair
U CE TILE, Commissioner
CK MAUD IN, Commissioner