2002-206-Resolution No. 2002-023 Recorded 4/3/2002COUNTY OFFICIAL
MARYHSUE SPENHOLLOW, COUNTYRCLERKS
REVIEWED COMMISSIONERS' JOURNAL
04/03/1002 03:53:52 PM
LEGAL COUNSEL
i
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Forbidding Wildlife Habitat
Conservation and Management Plans in Any Area * RESOLUTION NO. 2002-023
Not Zoned Exclusive Farm Use
WHEREAS, in 1998, the County passed Ordinance 98-030 providing for the establishment of Wildlife
Conservation Plan Dwellings in areas zoned Exclusive Farm Use ("EFU") as authorized by ORS 215.800-.808;
and
WHEREAS, in 2001 Oregon State Legislature amended the above listed statutes to expand the
authorization for Wildlife Habitat Conservation and Management Plans ("WHCMP") for real property tax
deferrals to any area that is forestland and changed the program from one in which a county may choose to
participate to one in which a county shall participate unless it actively forbids the establishment of such plans;
arid,
WHEREAS, the amended statutory provisions became effective January 2, 2002; and,
WHEREAS, the State Fish and Wildlife Commission, the state agency charged with approving the
'A'HCMPs, has not promulgated rules clarifying the application of the statutory changes; and,
WHEREAS, neither Oregon Department of Revenue ("DOR") nor the Oregon Department of Fish and
Wildlife ("ODF&W") staff know the full extent of the application of the new statutory provisions; and,
WHEREAS, although the County supports wildlife habitat conservation and management, it also does
not know the full extent of the application of the new statutory provisions; and
WHEREAS, the Deschutes County Board of County Commissioner ("Board") desires to maintain the
County's provisions established prior to January 2, 2002 regarding WHCMPs but also chooses to forbid the
establishment of WHCMPs in any area not zoned EFU; and
WHEREAS, ORS 215.802(2) allows a county governing body to forbid the establishment of WHCMPs
through the adoption of a resolution prior to January 1, 2003; and
WHEREAS, ORS 215.802(3) allows a county governing body to later rescind its decision to forbid the
establishment of WHCMPs and the Board will review its decision after the adoption of new clarifying rules by
the appropriate state agencies; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
PAGE 1 OF 2 — RESOLUTION NO. 2002-023 (04/01/02)
SALEGAL\BOCC RESOLUTIONS\2002\RES. NO. 2002-023 WHCMP MORATORIUM.DOC
Section 1. Pursuant to ORS 215.802(2), the Board forbids the establishment of Wildlife Habitat
Conservation and Management Plans in any area not zone EFU.
Section 2. This resolution is effective upon passage.
DATED this day of OaVLA— 12002.
ATTEST:
Recording Secretary
PAGE 2 of 2 — RESOLUTION NO. 2002-023 (04/01/02)
SALEGALTOCC RESOLUTIONS\2002\RES. NO. 2002-023 WHCMP MORATORIUMDOC
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNW, OREGON
TOM DEWW, Chair
!'Z
DENNIS R. LUKE, Commissioner
MICHAEL M. DALY, Commissioner