1990-27607-Resolution No. 90-081 Recorded 8/31/19909o- -z' €o7 10 4 ' 1491
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES-COUNTY, OREGON'
":E\'iE\N'D
L)
A Resolution Establishing
Standards and Procedures for
the Issuance of Gate Permits
Pursuant to ORS 368.056.
RESOLUTION NO. 90 -081
10,,00".5)
WHEREAS, ORS 368.056 permits the county governing body to
issue permits allowing a person to construct a gate on a public
road under the jurisdiction of the county governing body; and
WHEREAS, due to a recent increase in gate permit applica-
tions, the Board of County Commissioners finds it necessary to
establish standards and procedures for issuing gate permits; now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. The Board directs that persons or public
agencies requesting gate permits across public roads under the
jurisdiction of the Board of County Commissioners make applica-
tion for such permits to the Director of Public Works of
Deschutes County. The Department of Public Works is authorized
to develop whatever application forms may be necessary to ade-
quately evaluate gate permits under the standards set forth
below. Final decisions shall be made by the Board of County
Commissioners upon the recommendation of the Public Works Direc-
tor.
Section 2. Gate permits shall be issued upon payment of a
$100.00 fee to the Department of Public Works to offset the costs
of processing the application, inspecting any activities within
the right -of -way and developing standards of installation to be
met by the applicant, and upon a showing that the approval
standards set forth below are met. Public agencies shall not be
charged a fee for any gate permit.
Section 3. Gate permits shall be issued to private party
applicants only upon a showing that:
1. The road is a dead -end road;
2. The road is not generally used by the public;
3. The gate will not restrict access to any parcels owned by
others unless the owners have joined in the request;
4. The gate will not restrict access to public land; and
1 - RESOLUTION NO. 90 -081
104 1 92
5. It otherwise appears to be in the public interest to allow
the gating of the road.
Section 4. Gate permits issued to public agencies, such as
the Oregon Department of Fish and Wildlife and the Oregon Depart-
ment of Forestry for such reasons as protection of fish and
wildlife, prevention of forest fires and protection of water-
sheds, shall be issued only upon a showing that the public
interest in restricting access outweighs the burdens imposed upon
the public and private landowners, if any, affected by erection
of a gate. Gate permits granted under this provision may be
issued upon a seasonal basis to reflect seasonal needs of public
agencies, such as protection of fish and wildlife, forest or
watershed resources, and shall be issued for the minimum time
period necessary to achieve the sought after benefits.
Section 5. For the purposes of this Resolution, the term
"public agency" shall refer to agencies of federal, state and
local government. Special districts, such as road districts, are
specifically excluded from that definition.
DATED this 44?-6'6 day of
, 1990.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES CO,; TY, OREGON
1116TC. .TT
TOW PRANTE, Commissioner
ATT T: / TOM IT 00P
Recording Secretary
2 - RESOLUTION NO. 90 -081
Chair
D MAUDLIN, Commissioner