1994-39849-Ordinance No. 94-037 Recorded 10/6/1994E
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94-39849
BEFORE THE BOARD OF COUNTY COPMSSIONERS OF
An Ordinance Amending PL -20, the
Deschutes County Year 2000
Comprehensive Plan to Amend
Policies Regarding Forest Lands
and Declaring an Emergency
REVIEWED
W
LEGAL COUNSEL
COUNTY, OREGON
0137-0732
ORDINANCE NO. 94-037
WHEREAS, the Land Conservation and Development
Commission filed new administrative rule OAR 660-06 on March
1, 1994, relative to requirements for Forest Lands; and
WHEREAS, the newly adopted rule was made effective upon
filing; and
WHEREAS, the newly adopted rule supercedes county code
provisions where there is a conflict between the rule and the
code; and
WHEREAS, the Board finds it is in the public interest to
make the county's land use regulations be consistent with
state law in a timely manner; and
WHEREAS, public hearings have been held on the proposed
amendments consistent with state and county law; and
WHEREAS, the Deschutes County Planning Commission
recommended adoption of the amendments as proposed; now
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY
ORDAINS as follows:
Section 1. ADOPTION OF AMENDMENTS TO FOREST LANDS
SECTION OF THE DESCHUTES COUNTY YEAR 2000 COMPREHENSIVE PLAN.
The Forest Lands section of the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended by the
provisions set forth in Exhibit "A", attached hereto and by
this reference incorporated herein.
Section 2. SEVERABILITY. The provisions of this
ordinance are severable. If any sentence, clause, or phrase
of this ordinance is found to be invalid by a court of
competent jurisdiction that decision shall not affect the
validity of the remaining portions of this ordinance.
'�hFO
ORDINANCE NO. 94-037
Page 1
MICROFILMED
77---�
OCT 191994
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0137-0733
Section 3. CORRECTIONS. This ordinance may be
corrected by order of the Board of County Commissioners to
cure editorial and clerical errors and to insert appropriate
legislative history references.
Section 4. EMERGENCY. 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 passim
DATED this � day of ((-AvMnzt, 1994.
BOARD OF COUNTY COMMISSIONERS
NANCY PO1�*v S(*ELMGEN , Chair
TOM OOPV Commissioner
AT (�
Recording secretary BARRY H. SLAUGHTER, Commissioner
ORDINANCE NO. 94-037
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0137-0734
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NOTE: New language is underlined and in bold; deleted language is in brackets [ ].
EXHIBIT A
FOREST LANDS
Much of the beauty, and the employment, in Deschutes County is directly related to the large
expanse of forest land. For these reasons, this resource is of particular importance to the County's
two major industries, timber/wood products and tourism. The great majority of the timber harvested
consists of Ponderosa and Lodgepole pine.
One major problem is the increasing threat to local timber supplies created by scattered
developments occurring in forested areas. This is particularly true if the development is located
outside destination resorts or fire districts where fire protection is available.
In order to meet the State Land Conservation and Development Commission's requirement for an
adequate inventory of forest site capability the County Planning Department worked with the State
Department of Forestry. The resulting capabilities map is found in the plan's resource element. A
shown on the map most of the land with high through moderate capability lies in the Deschutes
National Forest.
Because of the local importance of forest lands the following goal has been set:
GOAL:
To conserve forest lands for forest uses.
POLICIES:
1. Deschutes County shall designate forest lands on the comprehensive plan map consistent
with Goal 4 and OAR 660, Division 6.
2. Deschutes County shall zone forest lands for uses allowed pursuant to OAR 660, Division
6. In addition to forest practices and operations and uses auxiliary to forest practices, as set
forth in ORS 527.722, Deschutes County shall allow in the forest environment the following
general types of uses:
a. Uses related to, and in support of, forest operations;
b. Uses to conserve soil, air and water quality and to provide for fish and wildlife
resources, agriculture and recreational opportunities appropriate in a forest
environment;
C. Locationally dependent uses such as communication towers, mineral and aggregate
resources use, etc.;
d. [Forest management dwellings as provided for in OAR 660-06-027; and] Dwellings
authorized by ORS 215.720 to 215.750; and
Ordinance 94-037 - Forest Lands (July 6, 1994)
e. Other dwellings under prescribed conditions.
0137-0735
3. In order to conserve and maintain the unimpacted forest land base for forest use the county
shall identify and zone as F-1 those lands which have 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 in size.
C. Consist predominantly of ownerships contiguous to other lands utilized for
commercial forest or commercial farm uses.
d. Accessed by arterial roads or roads intended primarily for forest management.
e. Primarily under forest management.
4. In order to conserve and maintain impacted forest lands for forest use the county shall
identify and zone as F-2 those lands which have the following characteristics:
a. Consist predominantly of ownerships developed for residential or other non -forest
uses;
b. Consist predominantly of ownerships less than 160 acres in size;
C. Consist of ownerships generally contiguous to tracts containing less than 160 acres
and residences, or adjacent to acknowledged exception areas;
d. Provided with a level of public facilities and services, including roads, intended
primarily for direct services to rural residences.
5. Except as identified in this plan non -forest uses shall be discouraged in existing forested
areas.
6. Forest management in Deschutes County shall be governed by the Oregon State Forest
Practices Act.
7. Better coordination and cooperation between the U.S. Forest Service and Deschutes County
shall be fostered, particularly as it relates to restrictive use of such Forest Service land as
Mr. Bachelor Ski Area and the Bend Watershed. As a basis for mutual cooperation and
coordination, the Land Management Plan for the Deschutes National forest shall be used.
Ordinance 94-037 - Forest Lands (July 6, 1994)
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