2011-3073-Ordinance No. 2011-027 Recorded 11/4/2011REVIEWED
LEGAL OUNSEL
DESCHUTES
NANCY
COUNTY CLERKOS 1011'3013
COMMISSIONERS' JOURNAL
~4ilu~iinuuiui~i
11/04/2011 wit:11 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Certain Sections of the
Deschutes County Comprehensive Plan Adopted
in Deschutes County Code Title 23, and
Repealing Certain Sections of Title 23, Declaring
an Emergency and Prescribing an Effective Date
of November 9, 2011.
* ORDINANCE NO. 2011-027
WHEREAS, the Community Development Department planning staff initiated a Comprehensive Plan
amendment in order to incorporate Comprehensive Plan amendments made between the initiation of the updated
Comprehensive Plan and the November 9, 2011 effective date of the updated Comprehensive Plan; and
WHEREAS, the amendments also include housekeeping changes to ensure a smooth transition to the
updated Comprehensive Plan; and
WHEREAS, the amendments were reviewed by the Planning Commission on October 13, 2011; and
WHEREAS, a public hearing was held before the Board of County Commissioners on October 31, 2011
in Bend, and the Board concluded that the public will benefit from changes to the Comprehensive Plan; and
WHEREAS, the Board finds it in the public interest to adopt the following Comprehensive Plan
amendments; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDING. Section 2.5 of the Deschutes County Comprehensive Plan, adopted in
Deschutes County Code 23.01.010, is amended to read as described in Exhibit "A," attached and incorporated
by reference herein, with new language underlined and deleted language set forth in str-ikethr-etigh;
Section 2. AMENDING. Section 2.6 of the Deschutes County Comprehensive Plan, adopted in
Deschutes County Code 23.01.010, is amended to read as described in Exhibit "B," attached and incorporated
by reference herein, with new language underlined and deleted language set forth in strip;
Section 3. AMENDING. Section 3.4 of the Deschutes County Comprehensive Plan, adopted in
Deschutes County Code 23.01.010, is amended to read as described in Exhibit "C," attached and incorporated
by reference herein, with new language underlined and deleted language set forth in strikethfough;
Section 4. AMENDING. Section 3.10 of the Deschutes County Comprehensive Plan, adopted in
Deschutes County Code 23.01.010, is amended to read as described in Exhibit "D," attached and incorporated
by reference herein, with new language underlined and deleted language set forth in str-il;
PAGE 1 OF 3 - ORDINANCE NO. 2011-027
Section 5. AMENDING. Section 4.5 of the Deschutes County Comprehensive Plan, adopted in
Deschutes County Code 23.01.010, is amended to read as described in Exhibit "B," attached and incorporated
by reference herein, with new language underlined and deleted language set forth in strilceflhteffgh;
Section 6. AMENDING. Section 4.6 of the Deschutes County Comprehensive Plan, adopted in
Deschutes County Code 23.01.010, is amended to read as described in Exhibit "F," attached and incorporated
by reference herein, with new language underlined and deleted language set forth in stfikethr-eugh;
Section 7. AMENDING. Section 5.3 of the Deschutes County Comprehensive Plan, adopted in
Deschutes County Code 23.01.010, is amended to read as described in Exhibit "G," attached and incorporated
by reference herein, with new language underlined and deleted language set forth in striket#rettgh;
Section 8. AMENDING. Section 5.8 of the Deschutes County Comprehensive Plan, adopted in
Deschutes County Code 23.01.010, is amended to read as described in Exhibit "H," attached and incorporated
by reference herein, with new language underlined and deleted language set forth in stfik~ T;
Section 9. AMENDING. Section 5.11 of the Deschutes County Comprehensive Plan, adopted in
Deschutes County Code 23.01.010, is amended to read as described in Exhibit "I," attached and incorporated by
reference herein, with new language underlined and deleted language set forth in stfikethr-ougl3;
Section 10 AMENDING. Deschutes County Code 23.01.010, Introduction, is amended to read as
described in Exhibit "J," attached hereto and incorporated herein by this reference, with new language
underlined and deleted language set forth in str-ik gh;
Section 11. REPEALING. Deschutes County Code 23.40.30, Rural Communities - Terrebonne and
Tumalo is repealed;
Section 12. REPEALING. Deschutes County Code 23.40.065, Deschutes Junction Policies, is repealed;
Section 13. FINDINGS. The Board adopts as its findings Exhibit "K," attached and incorporated by
reference herein.
PAGE 2 OF 3 - ORDINANCE NO. 2011-027
. Section 15. 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 November
9, 2011 in order that these amendments are effective contemporaneously with the effective date or Ordinance
2011-003.
Dated this V- of vL,, 2011
ATTEST:
(bm .
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair U
ANTHONY DeBONE, Vice Chair
06.4, Ult"
ALAN UNGER, Commissioner
Date of)" Reading: day of 2011.
Date of 2nd Reading: ~~day of , 2011.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: el~- day of u ICiU(/1~2011.
PAGE 3 OF 3 - ORDINANCE NO. 2011-027
sectLow 2.5 Water R.esoRrces
Background
Water resource management is impacted by land use planning and includes numerous
components from groundwater to river systems and water availability to water quality.
Unpolluted water is essential for biodiversity and for human, animal and plant survival.
Besides consumption and irrigation, water is also needed for maintaining the river and
stream ecosystems that are a large part of Deschutes County's quality of life and
economy. Management of this shared resource is a regional priority.
The primary state regulator of water availability is the Oregon Water Resources
Department (OWRD). The Oregon Department of Environmental Quality (DEQ) has
the primary role in monitoring and enforcing water quality standards. The Oregon DEQ
is required to comply with the Federal Environmental Protection Agency.
In addition to those agencies, there are two Statewide Planning Goals relating to the
protection of water resources. Statewide Planning Goal 5, Natural Resources Scenic and
Historic Areas and Open Spaces, requires an inventory of the following defined water
resources. Once inventoried, the Goal requires protection measures. These inventories
have been completed and acknowledged by the Land Conservation and Development
Commission (See Sections 2.4 and 5.3).
■ Riparian Corridors, including water, riparian areas and fish habitat
■ Wetlands
■ Federal Wild and Scenic Rivers
■ State Scenic Waterways
■ Groundwater Resources
Statewide Planning Goal 6, Air, Land and Water Resources Quality, requires
comprehensive plans to be consistent with state and federal pollution regulations.
The policies in this section provide the framework for evaluating land use actions and
define the responsibility of the County to work in partnership with cities, agencies, non-
profits and others to achieve efficient use of water resources and effective management
of water quality in the Upper Deschutes Basin.
It is important to underscore that the primary water resource management process
occurs outside of the state land use planning system. Oregon land use and water
management are not integrated. There are no overarching administrative rules that
consider statewide water management in conjunction with land use planning.
Regional Water Coordination
Cities, irrigation districts, farmers, non-profits, fisherman and rural residents all have a
stake in ensuring adequate quantities of water. Water availability and quality are tied
together and are a regional priority. The following are the primary agencies and
organizations involved in water management.
PAGE 1 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
Oregon Water Resources Commission and Water Resources Department
The Water Resources Commission oversees the Oregon Water Resources
Department that manages the amount of water flowing through, and being diverted
from Oregon's water bodies. Surface and groundwater rights are administered through
this department.
The Water Resources Department, together with the Department of Environmental
Quality, Department of Fish and Wildlife, Department of Agriculture, and stakeholders
and partners from around Oregon, is developing the state's first Integrated Water
Resources Strategy.
Oregon Department of Environmental Quality
The Department of Environment Quality (DEQ) regulates water quality permits,
administers onsite sewage system programs, implements (jointly with Department of
Health Services) the statewide drinking water source assessment and protection
program, certifies drinking water protection plans for public water supply systems, and
administers an underground injection control and an underground storage tank
program.
The DEQ is also responsible for carrying out the State's obligation under the federal
Clean Water Act. Section 303(d) of the Federal Clean Water Act requires states to
identify and list water bodies that do not meet water quality standards. The State will
set a total maximum daily load (TMDL) for water bodies that do not meet the quality
standards, and the TMDL will calculate the maximum amount of pollutants that can be
discharged into the water body while still meeting water quality standards.
Deschutes Water Alliance
The Deschutes Water Alliance (DWA) was formed in 2004 to plan for long-term water
resource management in the Deschutes Basin. It is comprised of the following
stakeholders:
■ The Deschutes Basin Board of Control: an association of 7 irrigation districts that
includes North Unit, Central Oregon, Swalley, Tumalo, Three Sisters, Arnold and
Ochoco
■ The Confederated Tribes of Warm Springs: located in Jefferson County, they are
focused on managing water resources as sustainable assets
■ Deschutes River Conservancy (DRC): a non-profit organization with a mission to
restore streamflow and improve water quality in the Deschutes Basin
■ Central Oregon Cities Organization (COCO): includes representatives from the
cities of Bend, Culver, La Pine, Madras, Metolius,; Prineville, Redmond, and Sisters
■ Deschutes County, Jefferson County, Crook County
■ Oregon Department of Environmental Quality, Oregon Department of Fish and
Wildlife, Oregon Water Resources Department and the Bureau of Reclamation
are unofficial members.
The vision of the Deschutes Water Alliance is to balance water resources to serve and
sustain agriculture, urban and ecosystem needs. To achieve this vision, the mission is to:
■ Improve stream flows and water quality in the Deschutes Basin for the benefit of
fish, wildlife and people.
PAGE 2 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
■ Secure and maintain a reliable and affordable supply of water to sustain agriculture.
■ Secure a safe, affordable, and high quality water supply for urban communities.
Deschutes Basin Hydrogeology
The Deschutes River Basin, from its headwaters to the Columbia River, encompasses
10,400 square miles of the north central part of the State. Nearly 91 % of Deschutes
County lies within the Deschutes Basin. The upper Deschutes River Basin is
characterized by recent volcanic activity and strong and rapid groundwater flows. The
geologic conditions lead to a strong connection between surface and ground water (see
also Section 3.10).
Groundwater flows eastward from the Cascade Range through permeable volcanic
rocks out into the basin and then generally northward. Groundwater recharge comes
from precipitation in the Cascade Range, inter-basin flow and leaking irrigation canals.
No long-term water-level declines attributable to groundwater pumping were found in
the upper Deschutes Basin.
Approximately one-half of the ground water flowing from the Cascade Range discharges
to spring-fed streams along the margins of the range. The remaining groundwater flows
through the subsurface, and eventually discharges to streams near the confluence of the
Deschutes, Crooked, and Metolius Rivers.
The large amount of groundwater discharge in the confluence area is primarily caused
by geologic factors. The Deschutes River flows north through permeable rock until it
hits a region of low-permeable rock near the confluence area. There the permeable
rock strata terminates, forcing water to the surface. Virtually all of the regional
groundwater in the upper Deschutes Basin discharges to streams south of the area
where the Deschutes River enters this low-permeability terrain, at roughly the location
of Pelton Dam.
Assessment of water resources of the upper Deschutes Basin confirms that human
activities have significantly altered the flow regime in the basin, but on balance have led
to the consumption of only a relatively small amount of available water. These impacts
do appear to have had a seasonal impact in the lower Deschutes River (in the early
months of the calendar year), the reach where all the changes in storage, diversion and
surface-groundwater interactions come together in one place. Yet the most dramatic
modifications to the water resources regime are clearly seen in terms of low flows
below irrigation district diversions in Bend during the summer and below Wickiup
Reservoir in the winter.
Reservoir storage and releases for irrigation have highly altered flows in five of the
seven water quality impaired reaches in the basin. The upper Deschutes River reach
does not often meet target flows in the winter due to upstream reservoir storage at
Crescent Lake, Wickiup and Crane Prairie reservoirs. Irrigation diversions have reduced
summer flows in six of the seven water quality impaired reaches. Most reaches
experience low summer flows due to irrigation diversions. Prior to current restoration
PAGE 3 OF 25- EXHIBIT "A" TO ORDINANCE 2011-027
efforts, sections of Whychus Creek and Tumalo Creek typically went dry during the
irrigation season due to extensive diversion.
Water Rights
The appropriation and use of water in the State of Oregon are regulated under ORS by
the Oregon Water Resources Department. Permits issued by OWRD provide for the
necessary and allowed points of diversion for water to be diverted from or released to
a water body. All water is publicly owned, and with some exceptions, cities, farms,
factory owners, and other water uses must obtain a permit or water right from the
OWRD to beneficially use water from any source - whether it is underground, or from
lakes or streams. Generally speaking, landowners with water flowing past, through, or
under their property do not automatically have the right to use that water without a
permit from the OWRD.
Oregon's water laws are based on the principle of prior appropriation. This means the
first person to obtain a water right on a stream is the last to be shut off in times of
shortage. During water shortages, the water right holder with the oldest date of priority
can demand the water specified in their water right regardless of the needs of junior
users. If there is a surplus beyond the needs of the senior right holder, the water right
holder with the next oldest priority date can take as much as necessary under their
right, and so on down the line until there is no surplus or until all rights are satisfied.
The date of application for a permit to use water usually becomes the priority date of
the right.
Water Availability
Water Availability Constraints
The availability of surface water for irrigating agriculture in Central Oregon began in the
1860s and accelerated at the turn of the century. Surface water rights in the Deschutes
Basin have been limited since the early 1900s. Except for very high flow periods during
winter and spring run-off, there is no surface water available for any out-of-stream use
in the Deschutes River basin. The lack of surface water availability led new development
in the 1990s to turn to groundwater for new water needs. The growing demand for
groundwater raised concern that the groundwater permitting process ignored the
connection between groundwater and surface water.
In 1995 a moratorium on further groundwater permit approvals was instituted by the
Water Resources Commission pending the outcome of a collaborative examination of
groundwater in the Upper Deschutes Basin. The study, carried out by the U.S.
Geological Survey and the OWRD confirmed that snowmelt infiltrates into the ground
and recharges the underlying aquifers. The study also confirmed that aquifer discharge
provides much of the surface water to streams in the Deschutes Basin. The results
verified the potential for groundwater withdraws to impact surface water flows and
cause injury to surface water holders.
Exempt Groundwater Users
Groundwater wells for domestic needs in rural areas are generally classified as an
exempt use by the OWRD. Exempt use means water right permits are not required if
PAGE 4 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
domestic use is less than 15,000 gallons per day and irrigation is less than one-half acre,
or commercial use is less than 5,000 gallons per day. A 2006 study for the Deschutes
Water Alliance (Future Ground Water Demand in the Deschutes Basin) estimated a 2006
total of 20,000 exempt wells in Crook, Deschutes and Jefferson counties, growing to
32,000 by 2025.
Exempt wells do not currently have to mitigate for their groundwater withdraws.
Presentations by the Water Resources Department staff indicate that the subsurface
water supply in Deschutes County recharges at the rate of approximately 3,500 cubic
feet per second (cfs) and existing exempt wells use in the aggregate only 3-4 cfs. This
suggests that additional regulation is not needed at this time. However, future policy
discussions may need to consider how exempt wells fit into the overall water picture.
Water Banks
Besides exempt wells, new water is needed for other uses, from satisfying increased
demand in cities to destination resorts. To address the limited availability of new water
rights, two systems have been set up, both managed by the Deschutes River
Conservancy. First the Deschutes Water Alliance set up a voluntary Water Bank as a
cooperative, coordinated, transparent and voluntary system to identify and meet the
water needs of qualified buyers. It operates in conformance to ORS and through a
water marketplace. The Bank facilitates transfers of water rights between different
users, including the Deschutes River and its tributaries.
The second system is the Groundwater Mitigation Bank. The Water Resources
Commission approved rules for the Deschutes Groundwater Mitigation Program in
2002 under OAR 690-505. Under the Mitigation Program, applicants for new
groundwater permits are informed of their mitigation obligation by the OWRD during
the first phase of the groundwater permit application process, and that they must
provide mitigation before their permit can be issued. Applicants can provide either
permanent or temporary mitigation credits. Mitigation credits can be established
through instream transfers, aquifer recharge, storage release or conserved water
projects.
Water Conservation
Water conservation plays a major role in ensuring adequate water availability.
Promoting water conservation leads to an efficient and cost-effective use of resources.
Generally, conservation is seen as a win for the community, the economy and the
environment.
Oregon State Policy on Conservation and Efficient Water Use
The Oregon Water Resources Commission adopted state policy addressing
conservation and efficient water use. Rules to carry out the policy are presented in the
OAR 690-086.
The conservation policy stems from a number of factors including:
PAGE 5 OF 25- EXHIBIT "A" TO ORDINANCE 2011-027
■ Increasingly frequent summer water shortages in many Oregon regions
■ Expanding water needs for municipalities due to population growth
■ In-stream flow demand in response to state or federal listings of sensitive,
threatened or endangered species that depend on streamflow and water quality
■ The link between healthy ecosystem functions, water quality, recreation and the
Oregon economy
The policy rules were developed to provide a process to facilitate efficient water use
and water supply planning consistent with capabilities of the water supplier and the
OWRD. Major water suppliers and water users are encouraged by the policy to
prepare water management and conservation plans. Implementation of conservation
projects can help restore streamflows, stabilize water supplies that provide for
economic development and growth.
Irrigation Districts Conservation
Agriculture is estimated to use approximately 90% of the surface water in the Upper
Deschutes Basin. Therefore irrigation district conservation efforts can have a significant
impact on water availability. Water savings from water conservation projects
undertaken by irrigation districts or their patrons can be transferred to instream use
for the Allocation of Conserved Water (ORS 537.455 to 537.500, OAR 690-018).
A major conservation initiative by irrigation districts is the piping and lining of irrigation
canals. Water seeps out of canals into the permeable rock layer below and is lost to
irrigation uses. Piping and lining projects provide benefits such as improving water
delivery efficiency, reliability and freeing water for other uses. Concerns have been
expressed that the water that leaks from the canals recharges the aquifer, and piping
and lining have the potential to lower the water table. Additionally, some residents with
open irrigation canals on their properties appreciate the aesthetic and wildlife benefits
of the canals.
A number of irrigation district efficiency improvements have been completed since
1997. These improvements, through reducing seepage losses in conveyance systems and
improving on-farm efficiency, have reduced water losses by 45,360 acre-feet on an
annual basis in the Upper Deschutes Basin. It is estimated that 110,268 acre-feet could
be saved annually, based on a Deschutes Water Alliance report (Irrigation District Water
Efficiency Cost Analysis and Prioritization). Certain districts have been able to reduce piping
project costs by incorporating hydroelectric facilities in suitable reaches.
In 2009 Swalley Irrigation District, Three Sisters Irrigation District and Central Oregon
Irrigation District were awarded $3.1 million, $1.3 million and $4.2 million respectively
to improve water conservation. Tumalo Irrigation District was awarded $1.8 million in
2010. For Swalley, the funds are the final piece to complete a $14.5 million project
involving the piping of 5.1 miles of a 12-mile canal and the construction of a 0.75-
megawatt hydroelectric plant. Swalley Irrigation District returned 28 cubic feet per
second to the Deschutes River as a result of its piping project, the single largest
permanent contribution of water back to the Deschutes River.
Three Sisters Irrigation District will be using its funds to launch the first of a three-
phase, $12 million pipeline project that will boost stream flows in Whychus Creek by
PAGE 6 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
reducing water loss. The first phase will include converting more than three miles of
exposed canal to buried pipe, and replacing aging head gates and monitoring equipment
with automated, remotely operating units. The completed project should boost summer
stream flows in Whychus Creek by 25 to 30 percent. The final phase of the project will
be the construction of 1.5-mega-watt hydroelectric plant similar to the one being built
by the Swalley Irrigation District.
Central Oregon Irrigation District utilized the funds to assist in piping a 2.5 mile section
of its Pilot Butte Canal permanently conserving 19.6 cubic feet per second to the
Deschutes River and for the construction of a 5.0 megawatt hydroelectric facility.
On-Form Efficiency
Irrigation districts in cooperation with consultants, Soil and Water Conservation
Districts and the National Resources Conservation Service have compiled and
implemented water conservation plans furthering the goal of improving and identifying
on-farm efficiency opportunities. Analysis of on-farm conservation opportunities based
on a 1997 Reclamation study show that an additional 112,4 10 to 146,698 acre-feet of
water could be saved if on-farm efficiency were improved to 70-80% across all districts.
Other Conservation Efforts
Since water resources in Deschutes County are shared, there is a responsibility for all
residents and visitors to use water wisely. Irrigation districts and cities are the primary
water users in Deschutes County and have their own plans for water conservation.
Although not actively involved in those efforts, the County can be open to partnerships
as requested. Partnerships can also be an option for small water districts outside city
limits that are interested in water conservation efforts. Individual water users are often
rural residents who get their water from exempt wells. A coordinated regional effort to
promote conservation could go far in increasing public awareness.
One action the County can take to promote individual water conservation is to ensure
County facilities employ water efficient tools and techniques. Tracking and advertising
the savings can show the public the benefits of water conservation. Examples of water
conservation tools that the County could initiate include xeroscaping (using plant
selection and watering techniques to promote water efficient landscapes), wastewater
reuse (reusing wastewater for landscaping) or efficient irrigation (such as using drip
irrigation or smart controllers).
Deschutes Basin Ecosystem
Deschutes County constitutes 26% of the Deschutes River Basin, a major watershed in
Central Oregon. The Deschutes River is the major waterway draining the Basin and
flows north to the Columbia River that culminates in the Pacific Ocean. Five sub-basins
feed the main stem. Most of Deschutes County is contained by parts of three: the
Upper Deschutes River Sub-basin, the Middle Deschutes River Sub-basin, and the
Lower Crooked River Sub-basin. The remainder of the County is located in the Upper
Crooked River Sub-basin and in the Goose and Summer Lakes Basin.
The Deschutes River is a vital, multi-purpose waterway that touches the lives of
thousands of people along its banks and throughout Central Oregon. An important
PAGE 7 OF 25- EXHIBIT "A" TO ORDINANCE 2011-027
historical, economic, and cultural resource, the Deschutes provides natural beauty,
abundant wildlife, and varied recreational opportunities. Most of the upper flow of the
Deschutes River is through public land, although portions flow past private holdings.
Wild and Scenic Waterways
The federal Wild and Scenic Rivers Act created a program designed to protect the
character of free-flowing rivers. Enacted in 1968, the Wild and Scenic Rivers Act
created several categories of rivers with different levels of protection for each category.
Section 7 of the Wild and Scenic Rivers Act provides minimal protection for instream
flows and prohibits Federal assistance or licensing of water resource development
projects within listed sections of river. Additionally, Section 7 prohibits Federal agencies
from recommending any activities that will negatively affect the unique characteristics of
a listed reach without adequately notifying Congress, the Secretary of Agriculture, and
the Secretary of the Interior.
Individual states administer management programs for each listed reach within their
boundaries, and the federal government has authorization to acquire land along each
reach to maintain the character of the river (16 U.S.C. 1271-1287). However, the Wild
and Scenic Rivers Act does not authorize Federal regulation of water diversions, nor
does it authorize Federal acquisition of instream water rights.
Three stretches of rivers in the Upper Deschutes Basin are in the Wild and Scenic
River
System.
Table 2.5.1 - Wild and Scenic Rivers in Deschutes County
Waterway
Description
Upper Deschutes River
Deschutes River From Wickiup Dam to the Bend Urban Growth
Boundary
Middle Deschutes River
From Odin Falls to the upper end of Lake Billy Chinook
Whychus Creek
Source to USGS Gage 14075000
Source: National Park Service
Oregon Scenic Waterways
In 1970, Oregon voters passed an initiative that created the Scenic Waterways Act,
which initiated the Scenic Waterways program. The State lists waterways in order to
protect their unique scenic beauty, recreation, fish, wildlife, or scientific features (OAR
736-040). The program lists waterways under six categories, each of which defines
different management goals and activities to occur along and adjacent to the river.
The Oregon Parks and Recreation Department administers the Scenic Waterways
program. Landowners wishing to pursue a new activity within a quarter mile of a Scenic
Waterway may need to notify the Parks and Recreation Commission, and the
Commission may deny this activity if it impairs the unique qualities of the waterway.
Many of the listed waterways' unique qualities depend on adequate instream flows (ORS
390.835). The Scenic Waterways program prohibits new activities in a Scenic Waterway
PAGE 8 OF 25- EXHIBIT "A" TO ORDINANCE 2011-027
area if those activities would impair flow and if that impaired flow would harm the
unique qualities of the waterway. Oregon Senate Bill 1033, passed in 1995, added
groundwater pumping to these regulated activities.
Table 2.5.2 - Oregon Scenic Waterways in Deschutes
County
Waterway Description
From Little Lava Lake to Crane Prairie Reservoir
Upper From the gauging station below Wickiup Dam to General Patch Bridge
Deschutes From Harper Bridge to the COID diversion structure near river mile 171
River Robert Sawyer Park to Tumalo State Park
From Deschutes Market Road Bridge to Lake Billy Chinook (excluding the Cline
Falls hydroelectric facility near RM 145
Source: Oregon Revised Statutes 390.826
Rivers and Streams
Inventoried rivers and streams in Deschutes County are summarized below:
Table 2.5.3 - River Miles in Deschutes County
Major Rivers and Streams Miles
Deschutes River 97
Little Deschutes River 42
Whychus Creek (lower 6-miles are in Jefferson County 39
Tumalo Creek 16
Paulina Creek 10
Fall River 8
Crooked River 7
Source: Deschutes County / City of Bend River Study (1986)
Besides rivers and creeks listed in Table 2.5.3, there are numerous perennial streams as
shown in Table 2.5.4. All of these streams, except portions of Indian Ford Creek, Cache
Creek and Dry Creek, are located on federal land and are subject to either the
Deschutes National Forest or the Bureau of Land Management Resource Management
Plans.
Table 2.5.4 - Perennial Streams in Deschutes County
•
Bottle Creek
Full Creek
Spring Creek
•
Bridge Creek
Goose Creek
Three Creek
•
Brush Draw
Indian Ford Creek
SF Tumalo Creek
•
Bull Creek
•
Jack Creek
NF Whychus Creek
•
Cache Creek
Kaleetan Creek
• Soda Crater Creek
•
Charlton Creek
Metolius Creek
NF Trout Creek
•
Cultus Creek
Park Creek EF
NF Tumalo Creek
•
Cultus River
Park Creek WF
MF Tumalo Creek
•
Deer Creek
Pole Creek
First Creek
•
Dry Creek
Rock Creek
Soap Creek
•
Fall Creek
Snow Creek
Todd Lake Creek
source: vescnutes t.ounty/uty of tsena ttrver Jtuay ivu6
Riparian Areas
PAGE 9 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
Riparian areas are areas adjacent to rivers, streams, lakes or ponds where there is
vegetation that requires free or unbound water or conditions that are more moist than
normal. Riparian areas form an interconnected system within a watershed. At the
water's edge they define the transition zone between aquatic and terrestrial systems.
Riparian areas often contain a diversity of vegetation not found in upland areas. Riparian
areas are limited in Deschutes County and are important habitats for both fish and
wildlife.
The Deschutes County Comprehensive Plan, adopted in 1979 and revised, mapped
riparian areas along the following rivers and streams.
Table 2.5.5 - Riparian Acreage in Deschutes County
Streams
Riparian Acres
Deschutes River
1,440
Little Deschutes River
2,920
Paulina Creek
846
Indian Ford Creek
573
Tumalo Creek
50
Whychus Creek
47
Fall River
43
Crooked River
38
TOTAL
5,966
Source: Deschutes County/City of Bend River Study 1986
Significant riparian habitat is located in one or more of the following three areas:
■ The area within 100 feet of the ordinary high water mark of an inventoried river
or stream. The 100 foot wide area may contain both riparian vegetation and upland
vegetation.
■ Wetlands and flood plain are also frequently within 100 feet of a stream or river. In
some cases the riparian vegetation may extend beyond 100 feet from the ordinary
high water mark if it is a designated wetland or flood plain.
■ The area adjacent to an inventoried river or stream and located within a flood
plain mapped by the Federal Emergency Management Agency and zoned Flood
Plain by the County. The flood plain may extend beyond 100 feet from the
ordinary high water mark of the stream and may contain wetland.
The County has not conducted an inventory of riparian areas adjacent to lakes and
ponds on private land. However, many of these areas are included in National Wetland
Inventory Maps and are subject to County, State and/or Federal wetland fill and removal
regulations. Riparian areas adjacent to the many lakes on federal lands are managed and
protected under federal land and resource management plans and are not included in
the County inventory.
Wetlands
Wetlands are those areas that are inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, under normal conditions, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Deschutes County
Ordinance 92-045 adopted all wetlands identified on the U. S. Fish and Wildlife Service
National Wetland Inventory (NWI) Maps as the Deschutes County wetland inventory.
PAGE 10 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
Additionally, Deschutes County Ordinance 201 1-008 adopted a Local Wetland
Inventory (LWI) covering 18,937 acres in South Deschutes County. These mapped
wetlands are subject to County, state and federal fill and removal regulations.
The NWI Map shows an inventory of wetlands based on high-altitude aerial photos and
limited field work. While the NWI can be useful for many resource management and
planning purposes, its small scale, accuracy limitations, errors of omission that range up
to 55 percent (existing wetlands not shown on NWI), age (I 980s), and absence of
property boundaries make it unsuitable for parcel-based decision making. An Leal
Wetland y4LWI) for areas in addition to South Deschutes County would
greatly improve Deschutes County's ability to conserve wetland resources, which are
vital to maintaining water quality and healthy fish and wildlife populations in the Upper
Deschutes basin. Fish species dependent on riparian and wetland areas in the County
include: Bull Trout, Redband Trout, and Summer Steelhead.
With the exception of narrowly defined riparian buffers (100 ft from top of bank for all
Class I and Class 2 streams), Deschutes County does not protect wetlands; instead
development activities proposed in a NWI are required to initiate a land-use procedure
and notify the Oregon Department of State Lands (DSL). According to the County's
zoning requirements, no person shall fill or remove any material or remove any
vegetation, within the bed and banks of any stream or river or in any wetland, unless
approved as a conditional use or exception. All necessary state and federal permits must
be obtained as condition of approval.
If jurisdictional wetlands are located in the near-stream environment, Oregon's
Removal-Fill Law directs DSL to regulate removal or placement of fill in "Waters of the
State." The DSL, in concert with the US Army Corps of Engineers, requires that any
impacts to wetlands be mitigated so there's no 'net loss' of the resource. The Oregon
Department of Fish and Wildlife (ODFW) and Department of Environmental Quality
(DEQ) do not have direct permitting authority on wetland fills, but instead review and
provide technical advice on wetland applications. The DSL gives notice of the permit
applications to ODFW and DEQ, among other agencies, for suggestions on reducing
impacts to fish, wildlife, and water quality. However, various agencies responsible for
processing permits for individual projects have limited ability to consider larger scale
community needs or values. Only through an adopted Goal 5 or Goal 6 wetlands plan
can a community impose its local control and direct agencies not to issue a fill permit
that is contrary to its plan.
The foundation of wetland planning is the LWI, which includes a comprehensive survey
and map of all wetlands in the study area, and a document compiling key information
about each site. The inventory must provide sufficient information to support local
wetland planning decisions, and present the information in a manner accessible to
citizens. For these reasons, a set of specifications for LWI products was established as
an OAR (141-086-0110 through 141-086-0240). In addition to the wetland locations and
descriptions, local planners need information on what functions and values each wetland
provides. This assessment of wetland qualities is conducted concurrently with, and is
part of, the inventory. As of 2010 Deschutes County has initiated a LVVI-#er Set+th
County.
PAGE 1 1 OF 25-EXHIBIT "A" TO ORDINANCE 2011-027
Replacing the NWI with an LWI (reviewed and approved by the DSL) will determine
jurisdictional wetland characteristics in portions of the upper Deschutes basin. It will
examine spatial information, including FEMA floodplains, aquatic soils, areas with depths
to groundwater less than two feet, and riparian areas for wetland type and function.
Floodplains
Federal Emergency Management Agency Maps
The Federal Emergency Management Agency (FEMA) maps flood-plains adjacent to the
following rivers and streams in Deschutes County. The floodplain along these rivers and
streams is recognized in a Flood Plain zone by the County.
Table 2.5.6 - Floodplains Adjacent to Rivers and Streams
• Deschutes River Long Prairie
• Little Deschutes River Drv River
• Whychus Creek Spring River
• Crooked River Indian Ford Creek
• Paulina Creek
Source: Deschutes County GIS
Floodplains are defined as the lowland and relatively flat areas adjoining inland waters
including at a minimum, that area subject to a one percent (I 00-year recurrence) or
greater chance of flooding in any one year. Generally, river flooding along the Deschutes
River has not historically been a serious problem in Deschutes County. This is due to
the porous nature of the local geology, irrigation diversion canals and reservoir
retention. Studies completed by the U.S. Army Corp of Engineers have resulted in
designating a 100 year flood-plain for the Little Deschutes River and Whychus Creek.
Regular flooding events have occurred near the headwaters of Tumalo Creek and in the
Tumalo community. Along Whychus Creek, the city of Sisters frequently experiences
flooding, with the most significant event occurring in 1964 (see also Section 3.5).
Instream Water Rights
Oregon was one of the first states to acknowledge that instream uses were beneficial
and create a framework for instream flow protection. Instream flows are those
required to maintain ecosytem or other public needs. In 1987 the Oregon Legislature
passed the Instream Water Rights Act and created the statutory framework necessary
to establish instream water rights. OWRD holds these rights in trust for the public, but
they can be purchased, leased, or gifted to the state by anyone (OAR 690-077). The
rights are intended to provide public benefits such as fisheries enhancement, pollution
abatement or recreation. OWRD regulates instream rights in the same manner that
they regulate traditional water rights. Instream flow rights may not injure other water
rights holders, cause the enlargement of a water right, and exceed the flows necessary
to increase public benefits (OAR 690-077).
Establishing New Instream Water Rights
The majority of instream water rights held by the state of Oregon are junior water
rights. These junior rights are not often met during the summer irrigation season.
PAGE 12 OF 25- EXHIBIT "A" TO ORDINANCE 2011-027
Three state agencies can apply for new instream water rights. The Department of
Environmental Quality (DEQ), Department of Fish and Wildlife (ODFW) or Parks and
Recreation Department (OPRD) can determine that instream flow rights are not
adequate to provide specified public benefits and can apply to OWRD for additional
instream flow rights (ORS 537.336). In general, instream water rights cannot exceed the
estimated average natural flow of a stream.
Establishing Senior Instream Water Rights
Three techniques in OAR 690 allow individuals or agencies to create senior instream
water rights. First, individuals or organizations can lease an existing water right for
instream use. Individuals may lease all or part of their water right for instream use
during all or part of the year (OAR 690-077). In the Deschutes Basin, the majority of
leased water comes from irrigation districts and their customers. Water rights created
through instream leases have the same priority date as the original water right. Leasing
water instream provides a flexible, low-cost technique for improving instream flows, but
it does not permanently protect water instream.
Second, water right holders may permanently transfer existing water rights instream
(OAR 690-077). Permanent water transfers allow individuals to transfer water off of
their land while improving instream flows in the basin. They are often associated with a
change in the character of the land from agriculture to other uses. As with temporary
transfers, instream water rights created through permanent transfers have the same
priority date as the originating water right that was transferred instream.
Oregon's Conserved Water program provides a third technique for creating senior
instream water rights (OAR 690-018). This program is relatively unique within western
water law. Oregon adopted its Conserved Water rules in 1987 to encourage water
conservation and to promote local cooperation in instream flow improvement. To be
eligible for the Conserved Water program, a water rights holder needs to satisfy the
use listed on their permit with less water than they have the right and ability to divert.
Water rights holders who implement water conservation projects can lease, sell, or
transfer a portion of their conserved water. At least 25% of the conserved water goes
to the state, which transfers the water instream.
The water rights holder receives a proportion of the remaining conserved water that
depends on project funding. The proportion depends upon on what percentage of the
Conserved Water project is funded through public sources and on any special
agreements that financing partners have made with the water rights holder. Unless
otherwise agreed upon, the water rights holder usually receives between 25% and 75%
of the total conserved water. Instream water rights created through the conserved
water program usually have the same priority date as the originating water right. The
three techniques, leasing, transfers and conserved water can be used to place existing
junior or senior water rights instream.
Instream Flows
Increasing the water flow on rivers and streams is important because low flows raise
water temperatures which provides inhospitable habitat for fish and aquatic life.
Irrigation
PAGE 13 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
Stream flows in most of the upper Deschutes River Basin are controlled by the influence
of reservoir regulation and irrigation diversions near Bend. Storage reservoirs were
constructed by the irrigators for the purpose of storing water from the river during the
non-irrigation season to serve as a supplement to the natural flow of the river during
the irrigation season. Three reservoirs, Crane Prairie, Crescent Lake, and Wickiup were
constructed by the Bureau of Reclamation in the 1920s and 1940s, financed by loans
secured and repaid by the irrigation districts. The three reservoirs have a combined
storage capacity of 347,550 acre-feet. Seven irrigation districts distribute water to
productive parts of the County, however not all of these districts irrigate land
completely within it. Summer release from the reservoirs provide instream benefits for
wildlife, navigation, and water quality. Recreational use at many of the projects is also
significant.
Nearly 90% of the streamflow from the Deschutes River in Bend is diverted through
irrigation canals during the irrigation season which typically runs from April through
October. During the summer months, the diversions cause a dramatic reduction of
streamflow in the middle Deschutes sub-basin. The porous, volcanic soil characteristic
of this region causes as much as 50% of the water that is diverted from the river in
irrigation canals to seep into the ground before it reaches the farm. As a result,
irrigation districts need to divert twice the amount of water they need to serve their
patrons. These seasonal flow disruptions have contributed to a decline in the overall
health of rivers and streams including degraded fish habitat and poor water quality.
Fisheries and water quality drive instream flow restoration in the Upper Basin. The
reaches historically supported salmon and trout populations. Anadromous (fish that
migrate between fresh and salt water) salmon re-introduction efforts have drawn
attention to water quantity issues in the basin. Prior to current restoration efforts,
sections of Whychus Creek and Tumalo Creek typically dried up during the irrigation
season due to extensive diversion.
Voluntary, market-based approaches, enabled by statutory law, provide the greatest
opportunity for restoring instream flows in the Deschutes Basin. Tools available include
instream transfers, leases, storage leases and allocation of conserved water. The
Deschutes River Conservancy, local irrigation districts and state and federal partners are
working together to restore water to reaches by using these tools.
Federal and state regulatory approaches also have the potential to affect instream flow
allocation. Federal approaches include the Wild and Scenic Rivers Act, the Clean Water
Act, and the Endangered Species Act. State approaches include the State Scenic
Waterways Act and instream flow rights to support aquatic life.
Fish and Aquatic Habitat
A discussion in the Wildlife section highlights the economic benefits that fishing
generates for Deschutes County. Protecting and enhancing local fish habitat can ensure
those benefits continue.
Naturally spawning populations of native rainbow trout and whitefish along with
introduced populations of rainbow, brown and brook trout and kokanee salmon are
present in streams and reservoirs. Most natural lakes were historically barren of fish
PAGE 14 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
populations but today nearly all suitable lakes are stocked annually with fingerling or
legal sized rainbow, brook, brown and cutthroat trout and kokanee, coho and Atlantic
salmon. Lake trout have been introduced into Big Cultus Lake and have established a
natural producing population. Most lakes do not provide suitable spawning habitat and
populations can only be maintained by continued stocking. It is important to sustain the
naturally reproducing populations and to balance stocking programs with the proper
habitats.
Federal Endangered Species Act
As discussed in the Wildlife section of this Plan, species identified as threatened or
endangered by the National Oceanic Atmospheric Administration (NOAA) Fisheries or
the U.S. Fish and Wildlife Service (USFWS) are offered some protections under the
Endangered Species Act (ESA). The act prohibits federal actions that jeopardize listed
species and private actions that result in a "taking" of listed species. The ESA protects
threatened or endangered populations or habitat of listed salmon and trout in the
Deschutes Basin.
The Deschutes River and its tributaries provide spawning habitat for several populations
of ESA listed fish. Both wild summer steelhead and bull trout are currently listed as
threatened under the ESA. Historically, these two species thrived throughout the Basin.
However, flow modification and habitat degradation have reduced available spawning.
habitat and limited population sizes. Steelhead trout were historically present in
waterways within Deschutes County, including portions of the Deschutes River,
Crooked River, and Whychus Creek. Historically, bull trout were found throughout the
Deschutes River, the Little Deschutes River, and the Lower Crooked. In Deschutes
County, documented bull trout have been found in the Middle Deschutes, but no
documented spawning has occurred.
Bull Trout
Bull trout are currently listed as threatened under the Federal ESA in the Deschutes
River Basin. Bull trout are a cold-water fish of relatively pristine stream and lake habitat
in the Pacific Northwest. They have specific habitat requirements, including the "Four
C's": Cold, Clean, Complex, and Connected habitat. Bull trout require the coldest water
temperatures of any northwest salmonid; they require the cleanest stream substrates
for spawning and rearing; they require complex habitats, including streams with riffles
and deep pools, undercut banks and lots of large logs; and they need migratory routes
from main river, lake, and even ocean habitats to headwater streams for annual
spawning and feeding migrations. Critical habitat for Bull Trout is located north of
Lower Bridge Road below Big Falls on Bureau of Land Management land.
Steelhead Trout
The construction of the Pelton Round Butte dam complex west of Madras in 1964
blocked the migration of salmon and steelhead to the ocean. In 2005 a re-licensing
agreement for the Pelton Round Butte hydroelectric project included the establishment
of the Pelton Round Butte Fund. The fund is intended to support resource protection
measures to mitigate project-related impacts, including those that enhance and improve
PAGE 15 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
wetlands, riparian and riverine habitats, and riparian, aquatic and terrestrial species
connectivity.
The multi-organization agreement for relicensing Pelton Round Butte lays out a
comprehensive fish passage program that includes a solution to assist in juvenile fish
collection and passage efforts over the project's three dams. The plan facilitates the
return of spring Chinook and sockeye salmon to the Metolius River and steelhead to
the Crooked River (to Bowman Dam) and the Deschutes River (Big Falls north of
Lower Bridge Road). As part of the plan, 200,000 steelhead fry were released into
Whychus Creek in 2007. It is difficult to estimate when the fish will return to Whychus
Creek as adults ready to spawn and restore the natural cycle to the stream, but it is
estimated to be three to five years.
ESA and Deschutes County
The ESA requires the appropriate federal agency, NOAA or USFWS, to issue
regulations as deemed necessary and advisable to provide for the conservation of the
species. Deschutes County is evaluating whether its local government policies and
practices are sufficiently protective of steelhead trout and their habitat. Specifically,
Deschutes County desires to avoid a "take" of reintroduced steelhead trout, and
reduce the potential of ESA-related enforcement actions and third-party lawsuits. The
County does not authorize or participate in high-risk activities, such as water diversions,
so there is minimal risk that the County's activities could directly cause steelhead trout
mortality. The County's practices, however, can indirectly affect steelhead trout
through changes in riparian habitat, floodplain function, erosion control, or other
practices that could negatively impact steelhead populations or habitat.
It is important to note that reintroduced steelhead trout are blocked from upstream
movement to the Upper Deschutes River at Big Falls, approximately 30 miles
downstream from Bend. As a consequence, there is minimal risk that the County's
activities in areas along the Deschutes River or its tributaries above Big Falls could have
a direct impact on steelhead trout populations or aquatic habitat. The County's
practices, however, can indirectly affect steelhead trout in the Deschutes River
downstream of Big Falls through changes in water quality. Loss of riparian shade through
the application of County policies, for example, could increase water temperatures in
downstream portions of the Deschutes River.
The irrigation districts in the region, along with other local governments at a greater
risk of steelhead take, are preparing a Habitat Conservation Plan (HCP) to address the
risks posed to steelhead. An HCP is a five to six year process undertaken by entities
whose otherwise lawful activities are at risk of resulting in an accidental take. The plan
outlines potential impacts these activities pose to the ESA-listed species and identifies
specific steps taken to minimize and mitigate accidental take. If the plan is approved by
the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, the entity is
permitted to proceed with their activities, provided the terms and conditions identified
in the HCP are followed. The local HCP process relating to steelhead was initiated in
2008 and expected to be completed by 2014.
PAGE 16 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
Through a risk assessment conducted in 2008-2009, it was determined that the
potential risk posed by Deschutes County governmental activities was minimal and did
not require County participation in the HCP. The risk assessment also provided
recommendations for the County to minimize exposure to a "take". Many of these
recommendations to land use and stormwater have been incorporated throughout this
Comprehensive Plan.
Deschutes River Mitigation and Enhancement Program
The Deschutes River Mitigation and Enhancement Program was created in 1991 as a
result of a Central Oregon Irrigation District (COID) Hydroelectric Project (FERC
License Application No. 3571) and Conditional Use Permit 87-2. The program helps
achieve ODFW habitat and management goals and objectives within the Upper
Deschutes River sub-basin, consistent with the COID/ODFW agreement. A condition
of both the FERC license and conditional use permit is that COID will provide ODFW
with funds to develop and implement a fish and wildlife habitat mitigation and
enhancement program for the Upper Deschutes River Basin. On October 7, 2008 the
Deschutes River Mitigation and Enhancement Committee adopted an Upper Deschutes
River Restoration Strategy developed jointly by ODFW, Upper Deschutes Watershed
Council and the Deschutes River Conservancy.
Upper Deschutes River Restoration Strategy
The Upper Deschutes River Restoration Strategy (the Strategy) outlines necessary steps
to restore the structure and function of the Deschutes River between Wickiup
Reservoir and North Canal Dam. Activities have been identified to help achieve a
restoration vision for the upper Deschutes River and a clear set of actions and
recognizable outcomes that will be necessary for success.
Flows in the upper Deschutes River were remarkably stable under natural conditions.
Irrigation storage in Wickiup and Crane Prairie Reservoirs now largely dewater this
reach between October and April and artificially increase flow in the reach during the
late spring, summer, and early fall. The shift from a naturally stable flow pattern to a
highly variable one has limited fish populations in the Deschutes River. The 2004
Deschutes Sub-basin Plan identified that "stream flow extremes, especially low or
intermittent flows, are probably the most significant factors limiting fish production in
much of the Deschutes River sub-basin (sic) today." The ODFW identifies improving
redband trout and whitefish populations and determining the feasibility of re-introducing
bull trout as goals for the upper Deschutes River.
Restoration Strategy Elements and Recommended Actions
As stated earlier, streamflow is the greatest limiting factor in the upper Deschutes
River. Streamflow restoration and related actions have the greatest potential for
improving ecological conditions in the long-term. However, improving intra- and inter-
annual flow patterns alone will not be sufficient to achieve the restoration vision. There
is a need for strategically determined, short-term, local scale habitat enhancement and
long-term, reach scale channel reconstruction to complement streamflow restoration in
the upper Deschutes River. Comprehensive restoration monitoring will help to
document current status and trends while improving actions in the future. There is also
PAGE 17 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
a need for a research program to document emerging issues in the upper Deschutes
River, including water quality issues related to plant growth and nutrient inputs. The
high priority recommendations are summarized below.
High Priority Actions
■ Identify the desired dimension, pattern, and profile of the upper Deschutes River.
■ Identify target hydrograph and benchmarks.
■ Restore individual components of the hydrograph through temporary and
permanent water transactions.
■ Identify high-value, at-risk riparian areas.
■ Establish a comprehensive monitoring plan.
■ Support community organizing and information sharing.
■ Establish a research program to study emerging water quality issues.
Groundwater Quality
Generally, groundwater quality in Deschutes County is generally classified as being
`good,' providing high quality drinking water to most of its residents. However, several
productive aquifers lie in shallow alluvial sediments that are vulnerable to contamination
from human activities and development.
The Department of Environmental Quality (DEQ) Laboratory and Water Quality
Divisions' Groundwater Quality Report for the Deschutes Basin (March 2006) identifies areas
of concern for groundwater contamination based on various sources of data and
groundwater quality studies. Based on collected data, development patterns and the
geology of the underlying aquifer, the report makes recommendations for a couple of
areas in the County. The report notes the groundwater aquifer in the Redmond area is
vulnerable to contamination from human activities and recommends further study by
the DEQ. The La Pine aquifer in the southern portion of the county from the Sunriver
area to the Klamath County line between Newberry Caldera and the Cascades is an
area of particular concern because of data collected through several studies and the high
level of development in the area. The report also identifies underground injection
systems that could contaminate the aquifer with pollutants from stormwater drywells or
sewage drillholes.
In South Deschutes County, the concern for groundwater quality arises from nitrate
contamination associated with on-site wastewater treatment (septic) systems
discharging to the shallow unconfined aquifer. The issue is small lots with highly
permeable rapidly draining soils and a high groundwater table with relatively cold water
temperatures. Combined with the fact that the majority of lots are served by on-site
wastewater treatment systems and individual wells, concern arose that nitrates from the
septic systems could contaminate local wells and the river system.
Considerable work has gone into studying the groundwater in South County. In 1999
Deschutes County and the Department of Environmental Quality (DEQ) identified the
need for a better understanding of the processes that affect the movement and
chemistry of nitrogen in the aquifer underlying the La Pine area. In response, the U.S.
Geological Service (USGS), in cooperation with Deschutes County and DEQ, began a
study to examine the hydrologic and chemical processes that affect the movement and
PAGE 18 OF 2$- EXHIBIT "A" TO ORDINANCE 2011-027
chemical transformation of nitrogen within the aquifer. A primary objective was to
provide tools for evaluating the effects of existing and future residential development on
water quality and to develop strategies for managing groundwater quality.
Field research from the USGS study shows that in a 250-square-mile study area near La
Pine the groundwater underlying the La Pine sub-basin is highly vulnerable and being
polluted by continued reliance on traditional onsite systems. Environmental impacts
from residential development include higher nitrate concentrations in groundwater that
is tapped for domestic water supply and discharges to rivers. Nitrates are regulated by
the federal Environmental Protection Agency and DEQ as a human health concern.
Vulnerability of the shallow aquifer to contamination led to concern that wastewater
from septic systems poses a threat to the primary drinking water supply and local river
systems. The Upper Deschutes and Little Deschutes Sub-basins have abundant, natural
sources of phosphorus from volcanic soils and rocks so the rivers are naturally nitrogen
limited. Nitrogen-limited rivers are sensitive to low concentrations of available nitrogen
until some other component becomes limiting, and that may lead to ecological impacts.
In 2008 the County used the research on nitrates to adopt a `local rule' that required
South County residents to convert their septic systems over a period of 14 years to
alternative sewage system technology designed to reduce nitrates. New septic systems
were also required to use alternative technologies. The County created a process to
assist residents in funding the conversions.
Many South County residents expressed concern over the costs involved with
converting their septic systems and disputed the science behind the rule. Placed on the
ballet by petition, the local rule was rescinded by voters in March 2009.
As of 2010 the DEQ is leading the effort to address nitrates in South County, with the
full cooperation of the County. One solution being considered is creating a sewer
system or extending Sunriver's to serve some of the nearby areas. Sewer systems are
tightly restricted on rural lands by Statewide Planning Goal I I and OAR 660-11, so the
Department of Land Conservation and Development is also involved in these efforts.
Surface Water Quality
The federal Clean Water Act requires identifying rivers that do not meet water quality
standards for several parameters. The DEQ periodically evaluates water bodies in
Oregon based on federally-approved water quality standards. A list of water quality
impaired water bodies is produced from this analysis and referred to by the section of
the CWA, as 303(d) listings. The list is the basis for developing state standards for each
pollutant entering a water body. These Total Maximum Daily Loads (TMDL) are used
with Water Quality Management Plans to outline how agencies and individuals will meet
water quality standards for those listed water bodies.
The TMDL Water Quality Management Plans identify Designated Management Agencies
(DMA) that are required to develop and implement them. A DMA can be a federal,
state or local governmental agency that has legal authority to address the contributing
pollutants. A TMDL implementation plan must indicate how the DMA will reduce
pollution in order to address load allocations.
PAGE 19 OF 25- EXHIBIT "A" TO ORDINANCE 2011-027
Compliance with Land Use Requirements
It is helpful to coordinate TMDL implementation with local land use plans, such as this
Comprehensive Plan. That will ensure maximum coordination in addressing water
quality issues. To provide evidence that a TMDL implementation plan is in compliance
with local land use requirements, in most cases the plan should:
Identify applicable acknowledged local comprehensive plan provisions and land use
regulations, and
Explain how the implementation plan is consistent with local planning
requirements or what steps will be taken to make the local planning requirements
consistent with it.
The following are identified on the federal Clean Water Act 303(d) List for 2006 for
not meeting water quality standards. This list is regularly amended by DEQ so specific
segments are not listed.
Rivers
■ Upper Deschutes River
■ Middle Deschutes River
■ Little Deschutes River
Tributaries
■ Indian Ford Creek
■ Tumalo Creek
■ Whychus Creek
Lakes
■ Lava Lake
Water and Land Use
There are some water issues that can be managed through County Codes, such as
wellhead protection or stormwater ordinances.
Water Management Plans
Water Management Plans can be useful tools for understanding water use for large
projects. Setting goals for water use, determining how much water will be needed,
assessing options such as the reuse of graywater for landscaping and ensuring
implementation of the plan can go a long way towards efficient use of water in new
development. Water Management Plans would not be needed for single family homes
or other small projects.
Well Head Protection
Wellhead protection (WHP) is a plan designed to protect groundwater resources of
Public Water Systems (PWS) from contamination. A community's source of drinking
water is an extremely important resource, contributing to both the human and
economic health of the area. WHP involves determining the area around the well most
susceptible to contamination, inventorying potential contaminant sources and
implementing management strategies to reduce the risk associated with those sources.
WHP is an investment in the future.
PAGE 20 OF 25- EXHIBIT "A" TO ORDINANCE 2011-027
In Oregon it is recommended that an area large enough to encompass 10 years of
groundwater travel time be delineated so that if the aquifer becomes contaminated
upgradient, there will be sufficient time to devise a plan to deal with the contamination.
Delineations as described may extend in excess of several thousand feet away from a
wellhead. Currently Deschutes County does not have a wellhead protection plan.
Stormwater
In 2005 the cities and counties of Central Oregon joined forces to protect local water
resources from polluted urban runoff, manage urban flooding, and meet new state and
federal regulatory requirements by developing comprehensive stormwater management
guidance for the region. This new partnership provides opportunities to work more
efficiently and effectively and provide consistency and clout for the region.
The first major project the partnership undertook was the development of a regional
stormwater management manual. The Central Oregon Stormwater Manual provides
stormwater guidance for each participating jurisdiction. It was funded primarily through.
jurisdictional contributions, and was coordinated by a committee of participating cities,
counties and the Central Oregon Intergovernmental Council.
Central Oregon Stormwater Management Project
The Central Oregon Stormwater Manual adopts best available stormwater management
guidance from Oregon and Eastern Washington to create a reference for engineers,
builders, and local government staff on the design and construction of runoff treatment
and flow control facilities. The Best Management Practices (BMPs) that make up the
core of the Manual are intended to comply with all federal and state regulations. They
are suitable to the unique climatic and hydro-geologic conditions of the region, and will
protect both water quality and natural runoff patterns. In contrast to historic practices,
non-underground injection methods of managing stormwater are encouraged and pre-
treatment required for water injected underground.
PAGE 21 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
~ect~ow 2.~ Water R,esou.rce ~ol,%c~es
Goals and Policies
Water Coordination, Availability and Conservation
Goal I Develop regional, comprehensive water management policies
that balance the diverse needs of water users and recognize
Oregon water law.
Policy 2.5.1 Participate in Statewide and regional water planning including:
a. Work cooperatively with stakeholders, such as the Oregon Water
Resources Department, the Deschutes Water Alliance and other non-
profit water organizations;
b. Support the creation and continual updating of a regional water
management plan.
Policy 2.5.2 Support grants for water system infrastructure improvements, upgrades
or expansions.
Policy 2.5.3 Goal 5 inventories, ESEEs and programs are retained and not repealed.
Goal 2 Increase water conservation efforts.
Policy 2.5.4 Promote efficient water use through targeted conservation, educational
and, as needed, regulatory or incentive programs.
a. Review County Code and revise as needed to ensure new
development incorporates recognized efficient water use practices for
all water uses.
b. Encourage the reuse of grey water for landscaping.
Policy 2.5.5 Promote a coordinated regional water conservation effort that includes
increasing public awareness of water conservation tools and practices.
Policy 2.5.6 Support conservation efforts by irrigation districts, including programs to
provide incentives for water conservation.
River and Riparian Ecosystems and Wetlands
Goal 3 Maintain and enhance a healthy ecosystem in the Deschutes
River Basin.
Policy 2.5.7 The County shall notify the Orezon Division of State Lands and the
Oregon Department of Fish and Wildlife of an development applications
for land within a wetland identified on the National Wetland Inventory or
South Deschutes Count Local Wetland Invento ma s.
Policy 2.5.7$ 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;
PAGE 22 OF 25- EXHIBIT "A" TO ORDINANCE 2011-027
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 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 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 vegetation removal criteria.
Policy 2.5.89 Support studies on the Deschutes River ecosystem and incorporate
watershed studies that provide new scientific information on the
Deschutes River ecosystem, such as the 2010 Local Wetland Inventory
adopted in Ordinance 2011-008.
Policy 2.5.9 10 Support educational efforts and identify areas where the County could
provide information on the Deschutes River ecosystem, including rivers,
riparian areas, floodplains and wetlands.
a. Explore methods of ensuring property owners know and understand
regulations for rivers, riparian areas, floodplains and wetlands.
Policy 2.5.4-011 Support the high priority actions from the Deschutes River
Mitigation and Enhancement Committee's 2008 Upper Deschutes River
Restoration Strategy.
Goal 4 Maintain and enhance fish populations and riparian habitat.
Policy 2.5.4412 Coordinate with stakeholders to protect and enhance fish and
wildlife habitat in river and riparian habitats and wetlands.
Policy 2.5.4-213 Promote healthy fish populations through incentives and
education.
Policy 2.5.4-314 Support healthy native fish populations through coordination with
stakeholders who provide fish habitat management and restoration.
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 2.5.4-415 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.
PAGE 23 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
Policy 2.5.-1316 Use a combination of incentives and/or regulations to mitigate
development impacts on river and riparian ecosystems and wetlands.
Groundwater and Surface Water Quality
Goal 5 Protect and improve water quality in the Deschutes River
Basin.
Policy 2.5.4-6-17 Support plans, cooperative agreements, education, water quality
monitoring and other tools that protect watersheds, reduce erosion and
runoff, protect the natural water systems/processes that filter and/or
clean water and preserve water quality.
Policy 2.5.4-718 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 and non-
point pollution or developing and implementing Total Maximum Daily
Load and Water Quality Management Plans.
Policy 2.5.4-819 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.
Policy 2.5.41920 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.
Policy 2.5.2021 Explore adopting new ordinances, such as a wellhead protection
ordinance for public water systems, in accordance with applicable Federal
and/or State requirements.
Land Use and Water Policy
Goal 6 Coordinate land use and water policies.
Policy 2.5.2422 Coordinate with other affected agencies when a land use or
development application may impact river or riparian ecosystems or
wetlands.
Policy 2.5.2223 Encourage land use patterns and practices that preserve the
integrity of the natural hydrologic system and recognize the relationship
between ground and surface water.
Policy 2.5.2324 Ensure water impacts are reviewed and, if necessary, addressed
for significant land uses or developments.
PAGE 24 OF 25- EXHIBIT "A" TO ORDINANCE 2011-027
Policy 2.51425 Evaluate methods of modeling the cumulative impacts of new land
uses or developments on water quality and quantity.
Policy 2.5.2-526 Explore an intergovernmental agreement with the irrigation
districts for ensuring irrigated land partitions and lot line adjustments are
not approved without notice to and comment by the affected district.
Policy 2.5.2627 Explore incorporating appropriate stormwater management
practices into Deschutes County Code.
Policy 2.5.272$ Support wastewater facilities and improvements where
warranted.
Policy 2.5.2829 Support regulations, education programs and cleaning procedures
at public and private boat landings.
Policy 2.5.2430 Consider adopting regulations for dock construction based on
recommendations of the Oregon Department of Fish and Wildlife and
the Deschutes River Mitigation and Enhancement Program.
PAGE 25 OF 25- EXHIBIT "A" TO ORDINANCE 201 1-027
seot%ow 2.0
Background
Wildlife diversity is a major attraction of Deschutes County. It was mentioned in many
Comprehensive Plan meetings in 2008 and 2009 as important to the community. Healthy
wildlife populations are often a sign of a healthy environment for humans as well as other
species. The key to protecting wildlife is protecting the habitats each species needs for food,
water, shelter and reproduction. Also important is retaining or enhancing connectivity between
habitats, in order to protect migration routes and avoid isolated populations.
Wildlife is tied to land use planning because human development impacts habitats in complex
ways. Wildlife protections are provided by federal, state and local governments. Oregon land
use planning protects wildlife with Statewide Planning Goal 5, Open Spaces, Scenic and
Historical Areas and Natural Resources and the associated Oregon Administrative Rule (OAR)
660-023 (this Rule replaced 660-016 in 1996). Statewide Goal 5 includes a list of resources
which each local government must inventory, including wildlife habitat.
The process requires local governments to inventory wildlife habitat and determine which items
on the inventory are significant. For sites identified as significant, an Economic, Social,
Environmental and Energy (ESEE) analysis is required. The analysis leads to one of three
choices: preserve the resource, allow proposed uses that conflict with the resource or strike a
balance between the resource and the conflicting uses. A program must be provided to protect
the resources as determined by the ESEE analysis.
In considering wildlife habitat, counties rely on the expertise of the Oregon Department of Fish
and Wildlife (ODFW) and U.S. Fish and Wildlife Service (USFWS). Those agencies provide
information for the required wildlife inventory and recommendations on how to protect
wildlife habitat on private lands. Note that this section focuses on wildlife, while fish are
covered in the Water Resources section of this Plan.
Wildlife Designations
Comprehensive Planning for Wildlife
Plan 2000, the Comprehensive Plan adopted in 1979, included a Fish and Wildlife Chapter with
policies aimed at protecting wildlife. That Plan also noted the controversial nature of wildlife
protections. To implement the Plan policies, the Wildlife Area Combining Zone was adopted.
This overlay zone was intended to protect identified big game habitat through zoning tools such
as appropriate lot sizes and setbacks. In 1986 a River Study was completed and adopted into
the Resource Element. Goals and policies from that study, including wildlife goals, were added
to Plan 2000.
As part of State mandated Periodic Review, the County took another look at wildlife
protections to further comply with the requirements of Goal 5 and the then prevailing OAR
660-16. The County worked with the ODFW to obtain the most recent inventory information
on fish and wildlife resources in the county and to identify uses conflicting with those
resources. This information was used to update the inventories and amend the ESEE analyses.
PAGE I OF 10 - EXHIBIT "B" TO ORDINANCE 2011-027
In addition, ODFW provided information to support zoning ordinance provisions to resolve
conflicts between fish and wildlife resource protection and development. The County adopted a
Sensitive Bird and Mammal Combining Zone which identified and protected specific bird nests
or leks and bat hibernating or nursery sites.
Ordinances for Compliance with Goal 5
During periodic review in 1992, Deschutes County met the requirements of Goal 5 by:
The adoption of Goals and Policies in Ordinance 92-040 reflecting Goal 5 requirements,
including a Sensitive Bird and Mammal Combining Zone to identify and protect specific
bird nests or leks and bat hibernating or nursery sites;
The adoption of Ordinance 92-041 amended the comprehensive plan to inventory each
Goal 5 resource, analyze conflicting uses, and analyze the ESEE consequences of protecting
or not protecting inventoried fish and wildlife resources;
The adoption of zoning ordinance provisions in Ordinance 92-042, as applied to
inventoried sites by the map adopted by Ordinance 92-046.
Wildlife Snapshot 2008-2009
Source: County GIS data
There are 816,649 acres in Deschutes County's Wildlife Area Combining Zone.
There are 40 sites protected by the Sensitive Bird and Mammal Habitat Combining Zone.
76% of County land is owned and managed by the Federal government through the U.S.
Forest Service and Bureau of Land Management.
Source: Fishing, Hunting, Wildlife Viewing, and Shell fishing in Oregon, 2008 May 2009 Prepared for
Oregon Department of Fish and Wildlife by Dean Runyan Associates
■ Nearly $70 million was spent in Deschutes County on travel generated expenditures on
wildlife viewing, fishing and hunting by people from over 50 miles away.
■ Over 60% of the $70 million noted above was spent for wildlife viewing, with fishing
second with nearly 30% and nearly 10% on hunting.
■ Over $8 million in revenue from fishing, hunting and wildlife viewing came from people
who live in the County or within 50 miles of the County.
■ Over 60% of the $8 million noted above was spent on fishing, over 20% was spent on
hunting and under 20% was spent on wildlife viewing.
■ All total, over $78 million was spent in Deschutes County on fishing, hunting and wildlife
viewing.
Deer Migration Corridor
The Bend/La Pine migration corridor is approximately 56 miles long and 3 to 4 miles wide and
parallels the Deschutes and Little Deschutes Rivers. The corridor is used by deer migrating
from summer range in the forest along the east slope of the Cascades to the North Paulina
deer winter range. Deschutes County adopted a "Deer Migration Priority Area" based on a
1999 ODFW map submitted to the South County Regional Problem Solving Group. This
specific sub-area is precluded from destination resorts.
PAGE 2 OF 10 - EXHIBIT "B" TO ORDINANCE 2011-027
Deer Winter Range
The ODFW identified the Metolius, Tumalo and North Paulina deer winter ranges during
Deschutes County's initial comprehensive plan. The boundaries of these winter ranges are
shown on the Big Game Sensitive Area map in the 1978 Comprehensive Plan and have been
zoned with the Wildlife Combining Zone since 1979. The winter ranges support a population of
approximately 15,000 deer.
In 1992, ODFW recommended deer winter range in the northeast corner of the county, in the
Smith Rock State Park area, be included in the Deschutes County inventory and protected with
the same measures applied to other deer winter range. This area was officially included and
mapped on the Wildlife Combining Map when Ordinance 92-040 was adopted by the Board of
County Commissioners.
Elk Habitat
The Land and Resource Management Plan for the Deschutes National Forest identifies 6 key
elk habitat areas in Deschutes County. The ODFW also recognizes these areas as critical elk
habitat for calving, winter or summer range. The following areas are mapped on the Big Game
Habitat Area map and in the Deschutes National Forest Land and Resource Management Plan:
■ Tumalo Mountain
■ Kiwa
■ Ryan
■ Crane Prairie
■ Fall River
■ Clover Meadow
Antelope Habitat
The Bend and Ochoco District offices of the ODFW provided maps of the antelope range and
winter range. The available information is adequate to indicate that the resource is significant.
The antelope habitat is mapped on Deschutes County's Big Game Habitat-Wildlife Area
Combining Zone Map.
Sensitive Birds
Nest sites for the northern bald eagle, osprey, golden eagle, prairie falcon, great grey owl, and
great blue heron rookeries are inventoried in Ordinance No. 92-041. The area required for
each nest site varies between species. The minimum area required for protection of nest sites
has been identified by the ODFW in their management guidelines for protecting colony nesting
birds, osprey, eagles and raptor nests.
Federal and State Wildlife Protections
Federal Protections
The primary federal protection for wildlife is the Endangered Species Act (ESA), which sets the
preservation of biodiversity as its highest priority. Under ESA, National Oceanic Atmospheric
Administration (NOAA) Fisheries or the U.S. Fish and Wildlife Service (USFWS) list species as
threatened or endangered. ESA prohibits both federal actions that jeopardize listed species and
private actions that result in the "taking" of listed species. Court rulings have explicitly
PAGE 3 OF 10- EXHIBIT "B" TO ORDINANCE 2011-027
determined that habitat modification can lead to a "taking," even if the modification does not
affect a specific individual member of the species. ESA authorizes civil and criminal suits be
brought against entities that violate its substantive or procedural provisions.
There are two fish species and one bird species listed as federally threatened or endangered in
Deschutes County. Fish are discussed under the Water Resources section of this chapter and
the bird, the Northern Spotted Owl, has not been found on private lands.
State Protections
It is Oregon's policy "to prevent the serious depletion of any indigenous species" (ORS
496.012). The Oregon Department of Fish and Wildlife maintains a list of fish and wildlife
species determined to be either threatened or endangered according to OAR 635. When a
species population is seriously depleted, recovery can be difficult and expensive as well as
socially and economically divisive. To provide a positive approach to species conservation, a
"sensitive" species classification was created under Oregon's Sensitive Specie Rule (OAR 635-
100-040). Table 2.7.1 lists species in Deschutes County that are listed by either federal or state
wildlife agencies under the above mentioned laws.
Besides the listings of endangered or threatened, species can be federally listed as candidate
species or species of concern. State listings include threatened, critical and vulnerable. Each
status has a definition specifying different actions.
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PAGE 4 OF 10 - EXHIBIT "B" TO ORDINANCE 2011-027
Table2.6. I - Special Status of Select Mammals, Birds, Amphibians, and Reptiles in
Deschutes County 2009
Species State Status Federal Status
Mammals
California Wolverine
Threatened
Species of Concern
Fisher
Critical
Fringed Myotis
Vulnerable
Long-eared Myotis
Species of Concern
Long-legged Myotis
Vulnerable
Species of Concern
Pallid Bat
Vulnerable
Preble's Shrew
Species of Concern
Pygmy Rabbit
Vulnerable
Species of Concern
Silver-haried bat
Vulnerable
Species of Concern
Small-footed Myotis
Species of Concern
Spotted bat
Vulnerable
Townsends western big-eared bat
Critical
Species of Concern
Yuma Myotis
Species of Concern
Birds
American Peregrine Falcon
Vulnerable
Delisted
Bald Eagle
Threatened
Delisted
Black Tern
Species of Concern
Black-backed Woodpecker
Vulnerable
Ferruginous Hawk
Vulnerable
Species of Concern
Flammulated Owl
Vulnerable
Great Gray Owl
Vulnerable
Greater Sage Grouse
Vulnerable
Species of Concern
Lewis' Woodpecker
Critical
Species of Concern
Loggerhead Shrike
Vulnerable
Long-billed Curlew
Vulnerable
Mountain Quail
Vulnerable
Species of Concern
Northern Goshawk
Vulnerable
Species of Concern
Northern Spotted Owl
Threatened
Threatened
Olive-sided Flycatcher
Vulnerable
Species of Concern
Pileated Woodpecker
Vulnerable
Swainson's Hawk
Vulnerable
Western Burrowing Owl
Vulnerable*
Species of Concern
White-head Woodpecker
Critical
Species of Concern
Willow Flycatcher
Vulnerable
Species of Concern
Yellow-breasted chat
Species of Concern
Yellow-billed cuckoo
Vulnerable
Candidate
Hmpnid►ans ana Keptaes
Cascades Frog
Vulnerable
Species of Concern
Coastal tailed frog
Vulnerable
Species of Concern
Northern Sagebrush Lizard
Species of Concern
Oregon slender salamander
Vulnerable
Species of Concern
Oregon Spotted Frog
Critical
Candidate
Western Pond Turtle
Critical
_
Western Toad
Vulnerable
* listed only for the Basin and Range Ecoregion
Source: 2009 Interagency Report and ODFW
PAGE 5 OF 10 - EXHIBIT "B" TO ORDINANCE 2011-027
Oregon Department of Fish and Wildlife
Oregon Conservation Strategy
In 2006 the Oregon Conservation Strategy (OCS) was adopted by Oregon's Fish and Wildlife
Commission for the state of Oregon. Wildlife and habitat issues are often crisis-driven and
focused on individual species. The OSC is intended to provide a long-term, big-picture look,
using the best available science, on how best to maintain and improve Oregon's species,
habitats and ecosystems.
This document is not intended to be a set of regulations, but rather it presents issues,
opportunities and recommended actions that can serve as the basis for regional collaborative
actions. The recommendations within the OCS can be used to address species and habitat
conservation needs, to expand existing partnerships and develop new ones, and to provide a
context for balancing Oregon's conservation and development priorities. The future of many
species will depend on landowners' and land managers' willingness to voluntarily take action on
their own to improve fish and wildlife habitat.
The OCS works by defining ecoregions and offering an overview of each region that covers a
variety of ecological, land use and economic issues. Parts of Deschutes County fall into three of
the ecoregions; East Cascade, Blue Mountains and Northern Basin and Range. For Deschutes
County this document offers a wealth of knowledge that can be used to inform fish and wildlife
habitat policies and protect and enhance ecosystems.
Fish and Wildlife Habitat Mitigation Policy
The ODFW's Fish and Wildlife Habitat Mitigation Policy provides direction for their staff to
review and comment on projects that may impact fish and wildlife habitat. This policy
recognizes six distinct categories of wildlife habitat ranging from Category I - essential, limited,
and irreplaceable habitat, to Category 6 - low value habitat. The policy goal for Category I
habitat is no loss of habitat quantity or quality through avoidance of impacts by using
development action if impacts cannot be avoided. The ODFW recommends avoidance of
Category I habitats as they are irreplaceable, and thus mitigation is not a viable option.
Categories 2-4 are for essential or important, but not irreplaceable habitats. Category 5 habitat
is not essential or important, but has high restoration potential.
Interagency Report
In 2009 the USFW, ODFW, U.S. Forest Service and the Bureau of Land Management
collaborated to provide a report on Wildlife in Deschutes County, Updated Wildlife Information
and Recommendations for the Deschutes County Comprehensive Plan Update (Interagency Report).
This report provided updated information to be used in revising the County Goal 5 inventory.
This update will be done as part of the Goal 5 review as described in Section 2.4 of this Plan.
The report also outlined numerous issues that the agencies believe are important for the
County to address. The Interagency Report generated debate over how best to protect wildlife
while also protecting the rights of property owners. Key issues from the report are touched on
below.
Economic benefits of fish and wildlife: The report notes the ODFW report by Dean Runyan
regarding the economic benefits of fishing, hunting and wildlife viewing, including that Deschutes
County generated more freshwater fishing revenue than any other county in Oregon.
PAGE 6 OF 10 - EXHIBIT "B" TO ORDINANCE 2011-027
Oregon Conservation Strategy: The report discusses the Oregon Conservation Strategy described
above and recommends that the County use it as a guide and reference for the maintenance
and enhancement of wildlife resources.
Threatened and Endangered Species and Species of Concern: The report recommends developing
and adopting measures to protect federal and state listed threatened and endangered species to
limit conflicting use.
Riparian and wetland areas for wildlife and fish: The report recommends completing and adopting
a Local Wetland Inventory. The current National Wetland Inventory was done at a scale so
that wetlands under 5 acres are not identified. Yet, those wetlands provide significant habitat.
Nete that as ef 20 10, Deschutes County has-initia-tedadopted a Local Wetland Inventory for
South County in 2011.
Oregon Spotted Frog: The report recommends adding an Oregon Spotted Frog habitat area to
the wildlife area combining zone and provides some specific ideas for protecting those areas.
The Oregon Spotted Frog can be found in the floodplains and wetlands along the Deschutes
River and Little Deschutes River, south of Bend. Riverine oxbows are particularly key habitat.
This frog is listed as a Federal Candidate and State Critical Species.
Shrub-Steppe Habitat: The report recommends the County consider impacts to wildlife and
habitat when development will degrade shrub-steppe habitat. Shrub-steppe habitat provides
needed resources for numerous birds and mammals, including 12 Oregon listed sensitive
species, and one threatened species. Large blocks of un-fragmented habitat with low human
disturbance are needed to support shrub-steppe wildlife. If avoidance of these areas is not
possible, providing for "no net loss' and a "net benefit" (restoration) of shrub-steppe habitat
should be a vital component of any conservation plan.
Greater Sage Grouse: The report provides recommendations for limiting conflicting uses near
sage grouse leks and habitat. The population management objective for sage-grouse in this
region (Prineville District), which includes portions of Deschutes and Crook counties, is to
restore sage grouse numbers and distribution near the 1980 spring breeding population level,
approximately 3,000 birds. Many aspects of human development have impacted sage grouse
populations and can be considered conflicting uses. Conservation efforts focused on maintaining
large expanses of sagebrush habitat, enhancing the quality of existing habitat, and increasing
connections between suitable habitat patches would be most beneficial to maintaining healthy
sage-grouse populations. Breeding and nesting habitat is particularly important because it is
essential, limited and irreplaceable.
Critical Bird and Mammal Sites: The report does not recommend additional or modification of
existing protections for site specific sensitive bird and mammal sites, except for additional
protections for sage grouse. The report does provide a new inventory and site specific
recommendations that will be used to update the list of Goal 5 wildlife resources.
Game Species: The report does not recommend changes to the existing big game winter range
or migration corridor maps. It does recommend that the County revise the uses allowed in
those areas to prohibit the following uses that generate activity, noise and habitat alteration:
■ Guest ranch
■ Outdoor commercial events (i.e. Wedding Venues, Farmers Market)
■ OHV course
PAGE 7 OF 10 - EXHIBIT "B" TO ORDINANCE 2011-027
■ Paintball course
■ Shooting range
■ Model airplane park
■ BMX course
Sensitive Species: Table 2.7.2 shows species considered sensitive to human disturbance. Mule
deer are the only species in decline.
Table 2.7.2 - Big Game Population Estimates, Deschutes County (2009)
Species
Population
Mule Deer
9,337*
Elk
1,500
Pronghorn
1,000
Cougar
-150
Black Bear
-150
Silver Grey Squirrel
-800
* The management objective for the Paulina and Upper Deschutes Wildlife Management Units, primarily
in Deschutes County, is an April adult population of 18,7000 mule deer.
Source: Interagency Report
Fish and Wildlife Habitat Mitigation Policy: The Interagency Report includes one recommendation
that is only from the ODFW. They recommend that the County require impact avoidance for
development that will impact Category I habitat and require a wildlife mitigation plan for
development that will impact habitat Categories 2-5, to limit conflicting uses.
The Interagency Report recommendations will be considered more closely when the Goal 5
review is undertaken.
Future of Wildlife and Habitat in Deschutes County
Coordination
Much of the wildlife habitat in Deschutes County is located on public lands. Federal lands make
up 76% of County lands with another 3% State or County owned. Federal lands are not subject
to County regulation but as noted in the Forest section of this Plan, they are important
economic generators that also contribute to the community's quality of life, providing ample
opportunities for wildlife viewing, fishing and hunting. It should be noted that not all federal
lands are managed for wildlife habitat.
Regarding public lands the County's role is to coordinate with the land management agencies to
ensure development approved by the County does not impact wildlife.
Another area for coordination is with the Trust for Public Lands (TPL). In 2009 this non-profit
group initiated a Greenprint effort that will identify specific areas needing protection, including
wildlife habitat. A survey done by this organization identified protecting wildlife habitat as
important to County residents.
Rural Development
The loss of wildlife species and habitat may lead to declining recreational opportunities, tourist
dollars and quality of life. Yet, many species are sensitive to human development, with some
species benefiting and some harmed by land disturbance. New structures or infrastructure can
fragment habitats. Barriers such as roads, dams or housing can interfere with migration routes
PAGE 8 OF 10 - EXHIBIT "B" TO ORDINANCE 2011-027
and connectivity leading to isolated and unhealthy populations. Development can also increase
non-native and invasive species. Most Deschutes County residents consider the local wildlife as
one of the benefits of living in this region. With careful planning, many of the impacts to wildlife
habitat can be mitigated.
PAGE 9 OF 10 - EXHIBIT "B" TO ORDINANCE 2011-027
sectiow 2.0 w'Udl,ife PC)L%cies
Goals and Policies
Goal I Maintain and enhance a diversity of wildlife and habitats.
Policy 2.6.1 Goal 5 wildlife inventories, ESEEs and programs are retained and not
repealed.
Policy 2.6.2 Promote stewardship of wildlife habitats and corridors, particularly those
with significant biological, ecological, aesthetic and recreational value.
Policy 2.6.3 Ensure Goal 5 wildlife inventories and habitat protection programs are
up-to-date through public processes and expert sources, such as the
2009 Interagency Report.
Policy 2.6.4 Support incentives for restoring and/or preserving significant wildlife
habitat by traditional means such as zoning or innovative means, including
land swaps, conservation easements, 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.
Policy 2.6.6 Review the Oregon Conservation Strategy when amending the Wildlife
section of this Plan.
Policy 2.6.7 Use a combination of incentives, regulations and education to promote
stewardship of wildlife habitat and address the impacts of development.
Policy 2.6.8 Balance protection of wildlife with wildland fire mitigation on private
lands in the designated Wildland Urban Interface.
Goal 2 Promote the economic and recreational benefits of wildlife and
habitat.
Policy 2.6.9 Encourage wildlife related tourism.
Policy 2.6. 10 Coordinate with stakeholders to ensure access to significant wildlife and
riparian habitat through public or non-profit ownership.
Goal 3 Support retaining populations of Federal and State protected
endangered species.
Policy 2.6.1 1 Develop local approaches, in coordination with Federal and State
agencies, for protecting Federal or State Threatened or Endangered
Species or Species of Concern.
PAGE 10 OF 10 - EXHIBIT "B" TO ORDINANCE 2011-027
s ect% o v%. 3.4 P,_kra L Eco vi,o vt& H
Background
Economic development is critically important to maintaining quality of life. When the Statewide
Planning system was initiated, farming and forestry were strongly protected because they were
the State's primary economic drivers. Statewide Planning Goal 9, Economic Development and
Oregon Administrative Rule (OAR) 660-009 apply to areas inside urban growth boundaries and
are intended to ensure an adequate land supply for business and employment growth. The Rule
defines the preparation of Economic Opportunity Analyses (EOA) to identify and promote a
diverse economy.
Rural Economy 2008-2009
Source: Economic Development for Central Oregon website
■ The top three economic sectors in 2009 were: retail trade, leisure and hospitality,
educational and health services
■ Median income for a family of four in 2008 was $63,500
■ A 2009 list of top private employers shows Sunriver at #3 and Eagle Crest at # 12 and
Black Butte Ranch at # 15
■ 2009 unemployment ranged from approximately 13%-I6% - up from 5.3% in 2000
Source: Fishing, Hunting, Wildlife Viewing and Shellfishing in Oregon, 2008, May 2009, Prepared for
the Oregon Department of Fish and Wildlife by Dean Runyan Associates
■ A total of $78 million was spent in Deschutes County in 2008 on fishing, hunting and
wildlife viewing
Source: Oregon State University Extension Oregon Agricultural Information Network, Deschutes County
Agricultural Commodity Sales for 2008 and 2009
■ Over $26 million in crop and livestock sales in 2008 (revised estimate)
■ Over $19 million in crop and livestock sales in 2009 (preliminary estimate)
Source: County GIS
■ There are 5 developed Rural Commercial lots
■ There are 43 developed Rural Industrial lots
Economic Trends
Deschutes County's economy was initially built around farming and logging. As those sectors
declined, recreation and tourism increased as people were drawn to the beauty and
opportunities to recreate on public lands. The high quality of life became a draw for employers
and employees alike. Until recently, the building sector boomed as new housing was built to
meet both increased housing demand and the real estate speculation that followed. Housing
prices rose so high that workforce housing became a limiting factor in economic growth. The
period of strong growth ended with the national recession that began in late 2007, leading to
falling housing prices and rising unemployment.
A partner for the County in promoting a healthy economy is Economic Development for
Central Oregon (EDCO). This private non-profit organization is dedicated to diversifying the
tri-county regional economy by attracting new investment and jobs. This organization also
PAGE 1 OF 8 EXHIBIT "C" TO ORDINANCE 201 1-027
tracks the local economy. As noted above, statewide land use goals and rules direct growth
primarily in urban areas. Still, there are economic opportunities that can be supported by the
County.
Farming and forestry and related businesses
■ Economic opportunities in these sectors are discussed in the Agriculture and Forest
sections of this Plan.
Recreation and tourism
These sectors include revenue from hunting, fishing and wildlife viewing that are discussed
in the Wildlife section of this Plan. Also included here are Mt Bachelor ski resort and
other area resorts. This sector is anticipated to continue growing.
Unincorporated Communities
■ New commercial and industrial uses are permitted in unincorporated communities. These
uses are limited in size. See Chapter 4 for more information.
Home-based businesses
Although not a major economic player, for many rural residents the opportunity to run a
small business out of their home provides extra income. Home businesses are regulated
tightly on agricultural land by the state, and by the county through the home occupation
code.
Green Employment
■ New initiatives for green energy take advantage of the local abundance of resources. See
the Energy section of this Plan.
Bend Airport
■ The Bend Airport is owned and managed by the City of Bend as a municipal airport with
supporting aviation associated businesses. Aviation industries are also a major focus of
EDCO. As of 2010 the City of Bend and Deschutes County are working to create a new
master plan for the area that will promote future aviation related business while
protecting the nearby rural residences from aviation-related impacts.
Coordination
■ The County can support and coordinate with agencies, organizations and juridictions in
promoting economic development such as coordinating on the Regional Economic
Opportunity Analysis for Un-Met Large-Lot Industrial Sites due to be completed in 2011.
The County can support farming as a contributor of the economy by promoting a diverse,
sustainable, revenue-generating agricultural sector, including emerging agricultural
conditions and markets.
Environment
Deschutes County's quality of life is increasingly recognized as an important factor in
economic development and can be viewed as a strategic resource to be managed for its
long-term contributions as a tourist destination, to employee retention, and locational
decisions for industrial recruitment.
Rural Commercial and Rural Industrial
In Deschutes County there are a handful of properties zoned Rural Commercial and Rural
Industrial. These designations recognize uses that predated State land use laws. New
PAGE 2 OF 8 EXHIBIT "C" TO ORDINANCE 201 1-027
commercial or industrial sites are controlled by State regulation and additional development is
anticipated to be minimal and only for specific sites, such as around the Bend Airport.
Rural Commercial
The Rural Commercial plan designation applies to specific exception areas located outside
unincorporated communities and urban growth boundaries. The rural commercial uses and
services in these areas are limited in size and scope to those that are less intensive than uses
allowed in Unincorporated Communities. The uses and densities are limited by the zoning,
thereby maintaining rural integrity.
The Rural Commercial designation applies to the following acknowledged exception areas:
• Deschutes Junction
• Deschutes River Woods Store
• Pine Forest
• Rosland
• Spring River
As a part of State required Periodic Review, a Rural Commercial designation was applied to
Deschutes junction, Deschutes River Woods Store and Spring River. These areas had
previously been designated Rural Service Centers, but a new Unincorporated Communities
Rule (OAR 660-022) defined "rural service centers" in such a way that these areas no longer
matched the criteria.
The Rural Commercial plan designation and zoning brings each of these three areas into
compliance with state rules by adopting zoning to ensure that they remain rural and that the
uses allowed are less intensive than those allowed in unincorporated communities as defined in
OAR 660-022.
The County recently applied a new Rural Commercial plan designation to Rosland (2002) and
Pine Forest (2007) commercial centers which historically were committed to commercial uses
prior to the adoption of zoning regulations.
Rural Commercial Designated Areas
The Deschutes junction Rural Commercial boundary includes 1.77 acres, bounded by Tumalo
Road on the South, Highway 97 on the East, with the remainder surrounded by Agricultural
(EFU) and Rural Residential (MUA-10) lands.
The Deschutes River Woods Store Rural Commercial boundary includes 4.99 acres bounded
by Baker Road on the North, Highway 97 on the East, railroad tracks and Cheyenne Road on
the West and Morningstar Christian School on the South. The surrounding land is zoned Rural
Residential (RR-10). The Deschutes River Woods residential subdivision is adjacent to this
property.
PAGE 3 OF 8 EXHIBIT "C" TO ORDINANCE 201 1-027
The Pine Forest Rural Commercial boundary includes approximately 2.0 acres bounded by Pine
Forest Drive and Burgess Road. The remainder is surrounded by exceptions land zoned RR-10.
The Rosland Rural Commercial boundary includes approximately 4.5 acres near the
intersection of Burgess and River Pine Roads. The remainder is surrounded by exceptions land
zoned RR-10.
The Spring River Rural Commercial boundary includes 9.16 acres bounded by Spring River
Road on the North, Lunar Drive on the East and additional commercial and residential uses on
the South and West. The surrounding land is zoned Rural Residential (RR-10).
Rural Industrial
The Rural Industrial plan designation applies to specific exception areas located outside
unincorporated communities and urban growth boundaries. The Rural Industrial plan
designation and zoning brings these areas into compliance with state rules by adopting zoning
to ensure that they remain rural and that the uses allowed are less intensive than those allowed
in unincorporated communities as defined in OAR 660-022.
The Rural Industrial designation applies to the following acknowledged exception areas.
■ Redmond Military
■ Deschutes Junction
■ Bend Auto Recyclers
a. VViciduR Jam.
Rural Industrial Designated Areas
The Redmond Military site consists of tax lot 15130000001 16 and is 35.42 acres, bounded by
the Redmond Urban Growth Boundary to the west and agricultural lands (EFU) surrounding
the remainder of the property.
The Deschutes junction site consists of the following tax lots: 1 6 1 2260000 1 07 (9.05 acres),
1 6 1 260000 1 06 (4.33 acres), 1 6 1 2260000 1 02 (1.41 acres), 16122600001 14 (2.50 acres),
portions 1612260000300 (12.9 acres). 1612260000301 (8.93 acres), 161226A000203 (1.5
acres) and those portions of 161226A0001 I I located west of the Burlington Northern-Santa Fe
railroad tracks (16.45 acres). Generally, the Deschutes junction site is bordered on the west by
Highway 97, on the east by the Burlington Northern Railroad, on the north by Nichols Market
Road (except for a portion of 1612226A000 I 11), and on the south by EFU-zoned property
owned by the City of Bend.
Bend Auto Recyclers consists of tax lot 1712030000111 and is 13.41 acres, bounded by
Highway 97 to the west, and Rural Residential (MUA-10) lands to east, north and south.
Wicldup junction censists of tax lot 2110360000104 and is 12.67 acres, beunded by Resland
Read on the southwest with fOFest lands SUFrounding the remainder of the pFepertly:
Future of Deschutes County Economy
A key to economic growth in Deschutes County is to recognize and protect the natural
resources that contribute to the quality of life that draws both employers and employees as
well as tourists to the area. A 2010 report on Deschutes County's economy by Headwaters
Economics and Economic Development for Central Oregon outlined a number of
recommendations to increase economic diversity and resiliency. Areas where the County can
PAGE 4 OF 8 EXHIBIT "C" TO ORDINANCE 201 1-027
consider focusing its attention are: promoting housing diversity, local amenities, better
transportation access and higher education. According to the report, public incentives are also
helpful.
Given the State emphasis on economic development inside cities, the County's primary role is
to cooperate with them and EDCO. Coordinating with cities, agencies and organizations that
are actively promoting economic development can be an effective use of resources. As an
example of local partnering, in 2010 the County initiated a Regional Economic Opportunity
Analysis to identify the need for large-lot industrial sites.
From a rural perspective, working with the agriculture and forest sectors to encourage new
uses as discussed in those sections of this Plan is another option. Others are supporting
sustainable recreation, tourism and commercial alternative energy projects. Finally, home based
businesses that minimize impacts on rural neighbors can also be encouraged.
PAGE 5 OF 8 EXHIBIT "C" TO ORDINANCE 201 1-027
Secttow 3.4 R-u.ral, Ecowow.,j PoU'ues
Goal and Policies
Goal I Maintain a stable and sustainable rural economy, compatible
with rural lifestyles and a healthy environment.
Policy 3.4.1 Promote rural economic initiatives, including home-based businesses, that
maintain the integrity of the rural character and natural environment,
a. Review land use regulations to identify legal and appropriate rural
economic development opportunities.
Policy 3.4.2 Work with stakeholders to promote new recreational and tourist
initiatives that maintain the integrity of the natural environment.
Policy 3.4.3 Support a regional approach to economic development in concert with
Economic Development for Central Oregon or similar organizations.
Policy 3.4.4 Support regional educational facilities and workforce training programs.
Policy 3.4.5 Support renewable energy generation as an important economic
development initiative.
Policy 3.4.6 Support and participate in master planning for airports in Deschutes
County.
Policy 3.4.7 Within the parameters of State land use regulations, permit limited local-
serving commercial uses in higher-density rural communities.
Lands Designated and Zoned Rural Commercial
Policy 3.4.8 Update the policies for lands designated Rural Commercial as needed.
Policy 3.4.9 Rural Commercial designated lands located outside of urban growth
boundaries shall allow uses less intense than those allowed in
unincorporated communities as defined by Oregon Administrative Rule
660-22 or its successor.
Policy 3.4. 10 Rural Commercial zoning shall be applied to Deschutes Junction,
Deschutes River Woods Store, Pine Forest, Rosland and Spring River.
Policy 3.4.1 1 In Spring River there shall be a Limited Use Combining Zone.
Policy 3.4.12 County Comprehensive Plan policies and land use regulations shall ensure
that new uses authorized on Rural Commercial designated lands do not
adversely affect agricultural and forest uses in the surrounding areas.
Policy 3.4.13 Zoning in the area shall ensure that the uses allowed are rural as
required by Goal 14, Urbanization, and less intensive than those allowed
for unincorporated communities as defined in OAR 660-22. New
commercial uses shall be limited to those that are intended to serve the
surrounding rural area or the travel needs of people passing through the
area.
PAGE 6 OF 8 EXHIBIT "C" TO ORDINANCE 201 1-027
Policy 3.4.14 New commercial uses shall be limited in size to 2,500 square feet or if for
an agricultural or forest-related use, 3,500 square feet.
Policy 3.4.15 A lawful use existing on or before November 5, 2002 that is not
otherwise allowed in a Rural Commercial zone, may continue to exist
subject to the county's nonconforming use regulations.
Policy 3.4.16 An existing lawful use may expand up to 25 percent of the total floor
area existing on November 5, 2002.
Policy 3.4.17 The Rural Commercial zoning regulations shall allow a mixed use of
residential or rural commercial uses.
Policy 3.4.18 Residential and commercial uses shall be served by DEQ approved on-
site sewage disposal systems.
Policy 3.4.19 Residential and commercial uses shall be served by on-site wells or public
water systems.
Policy 3.4.20 Community sewer systems, motels, hotels and industrial uses shall not be
allowed.
Policy 3.4.21 Recreational vehicle or trailer parks and other uses catering to travelers
shall be permitted.
Lands Designated and Zoned Rural Industrial
Policy 3.4.22 Update the policies for lands designated Rural Industrial as needed.
Policy 3.4.23 To assure that urban uses are not permitted on rural industrial lands,
land use regulations in the Rural Industrial zones shall ensure that the
uses allowed are less intensive than those allowed for unincorporated
communities in OAR 660-22 or any successor.
Policy 3.4.24 Limited Use Combining zones shall be applied to the Redmond Military
(Tax lot 1513000000116), Deschutes Junction (Tax lot 1612260000301,
Tax lot 1612260000300, Tax lot 1 6 1 2260000 1 I I and Tax lot
161226A000203) and Wiekiup junctien (Tax let 21 to
ensure permitted uses are compatible with surrounding farm and forest
lands.
Policy 3.4.25 To ensure that the uses in Rural Industrial zone on tax lot 16-12-26C-
301, as described in Exhibit "C" and depicted on Exhibit "D" attached to
Ordinance 2009-007 and incorporated by reference herein, are limited in
nature and scope, the Rural Industrial zoning on that site shall be subject
to a Limited Use Combining Zone which will limit the uses to storage,
crushing, processing, sale and distribution of minerals.
Policy 3.4.26 To ensure that the uses in the Rural Industrial Zone on Tax Lot 300 on
Assessor's Map 16-12-26C-300 and Tax Lot 203 on Assessor's Map 16-
12-26A-300 and portions of Tax Lot I I I on Assessor's Map 16-12-26C-
I I I as described in Exhibit `D' and depicted in Exhibit `E' attached to
Ordinance 2010-030 and incorporated by reference herein, are limited in
PAGE 7 OF 8 EXHIBIT "C" TO ORDINANCE 201 1-027
nature and scope, the Rural Industrial zoning on the subject parcel shall
be subject to a Limited Use Combining Zone, which will limit the uses to
storage, crushing, processing, sale and distribution of minerals, subject to
conditional use and site plan approval.
Policy 3.4.27 Land use regulations shall ensure that new uses authorized within the
Rural Industrial sites do not adversely affect agricultural and forest uses in
the surrounding area.
Policy 3.4.28 New industrial uses shall be limited in size to a maximum floor area of
7,500 square feet per use within a building, except for the primary
processing of raw materials produced in rural areas, for which there is no
floor area per use limitation.
Policy 3.4.29 A lawfully established use that existed on or before February 2, 2003 not
otherwise allowed in a Rural Industrial zone may continue to exist
subject to the county's non-conforming use regulations.
Policy 3.4.30 A lawfully established use that existed on or before February 2, 2003 may
be expanded to occupy a maximum of 10,000 square feet of floor area or
an additional 25 percent of the floor area currently occupied by the
existing use, whichever is greater.
Policy 3.4.31 Residential and industrial uses shall be served by DEQ approved on-site
sewage disposal systems.
Policy 3.4.32 Residential and industrial uses shall be served by on-site wells or public
water systems.
Policy 3.4.33 Community sewer systems shall not be allowed in Rural Industrial zones.
Policy 3.4.34 A 2009 exception (Ordinance 2009-007) included an irrevocably
committed exception to Goal 3 and a reasons exception to Goal 14 to
allow rural industrial use with a Limited Use Combining Zone for storage,
crushing, processing, sale and distribution of minerals.
Policy 3.4.35 A 2010 exception (Ordinance 2010-030) took a reasons exception to
Goal 14 with a Limited Use Combing Zone for storage, crushing,
processing, sale and distribution of minerals.
PAGE 8 OF 8 EXHIBIT "C" TO ORDINANCE 2011-027
sectL'ow s.2o Area sped f ~o PLaws awd PoUues
Background
There are rural areas around the County experiencing specific challenges that could benefit
from a more detailed review. Using public outreach and in-depth analysis, the County can
respond to the unique values and issues in defined areas. This can be done through community
plans or simply adding specific policies.
Three areas have been identified as of 2010 for area specific plans or policies; South County,
Deschutes Junction and the Oregon Military site. Other areas where community plans or
policies might be initiated are Deschutes River Woods and east County. Deschutes County is
committed to cooperating with residents on creating specific community plans or policies as
requested and as resources permit.
South Deschutes County
South Deschutes County residents have expressed interest in a community plan. The 1979
Comprehensive Plan contained a section on La Pine, which was an Urban Unincorporated
Community. That section has been removed because La Pine incorporated in 2006. The
County remains interested in working with residents on South County issues.
South County is also addressed in the Regional Problem Solving for south County section of
this Plan. In 1998 an extensive public process led to the adoption of this section. It was created
following State regulations for regional coordination. Over 20 agencies/organizations were
involved and the process resulted in memorandums of understanding with 15 of those
agencies/organizations. The primary issue addressed through this process was groundwater
quality, although wildfire, wildlife, transportation and other issues were discussed. Some of the
policies adopted were intended to use market forces to guide rural development into La Pine
neighborhoods through a transfer of development rights program.
Follow-up actions introduced to protect groundwater were controversial in the south County
community. An attempt to require specialized nitrogen-reducing septic systems was defeated in
2009 through a ballot initiative. During the Plan update process, requests were made to
remove the Regional Problem Solving section from this Plan, claiming it was inaccurate and
outdated. Other residents recommended waiting until local groundwater issues are dealt with
at the State level before initiating a community planning process.
The regional problem solving section has been retained for the following reasons:
■ An extensive public and agency process was used to write this section
■ The section was created through a State-defined process and acknowledged as in
compliance with State land use regulations
■ The section is broader than just septic systems that have generated the most controversy
■ A new review of south County has not yet been initiated
That said, there is general consensus that there needs to be a new effort to engage the south
County community and create an updated community plan for the area to replace this section.
PAGE I OF I I - EXHIBIT "D" TO ORDINANCE 201 1-027
As of 20 10 the Department of Environmental Quality (DEQ) is leading an effort to find
solutions for the groundwater quality issues and the County is committed to actively
cooperating in that effort.
Regional Problem Solving for south Deschutes County
In the 1960s and early 1970s, before statewide planning occurred in Oregon, over 15,000 lots
were created in subdivisions platted south of Sunriver. Most of these parcels are less than two
acres in size and use on-site septic systems to dispose of sewage. Many of them are located in
areas where development is now restricted, such as floodplains, wetlands and areas with a high
groundwater table where septic approval is unlikely. Since 1989, Deschutes County has been
the fastest growing county in the state on a percentage basis. The rural character, attractive
location on or near the Deschutes and Little
Deschutes Rivers, and relatively inexpensive land
prices in South Deschutes County have led to a
burgeoning population. The current estimated
population of up to 16,000 residents (over 10,000
permanent) would make this area the second largest
city in Oregon east of the Cascades were it
incorporated, exceeded only by the city of Bend.
Impacts to groundwater, the source of drinking
water in this area, air quality, wetlands and mule deer
migration and the risks to human life and property
from wildfires have increased significantly over time.
In 1996, Deschutes County and the Department of
Land Conservation and Development recognized that
significant consequences could occur from the
pattern of development and began a collaborative
project known as Regional Problem Solving Project
for South Deschutes County. The Regional Problem
Solving (RPS) project area encompasses
approximately 42 square miles between Sunriver to the north and La Pine to the south, and
includes thousands of small-subdivided lots, and some larger parcels, throughout southern
Deschutes County.
The RPS project area is a landscape with a geologic history that produced sediments of volcanic
origin that were deposited in a basin over past eons. These conditions are the result of lava
flows from the west (Cascades) and east (Newberry) that periodically dammed and shifted the
course of the Deschutes River, creating the La Pine Basin, where the deposition of sediments
has occurred, sometimes burying older forests. Volcanic eruptions such as the one at Mt.
Mazama (Crater Lake) approximately 6,800 years ago have contributed significantly to the
volume of sediment deposited in the basin. The Mt. Mazama eruption is the source of volcanic
material that has formed the predominant soil in the area.
At an elevation of 4200 feet, the climate in the region is one of cool nighttime temperatures
with a short frost-free summer that averages less than 100 days annually and a winter period of
five or six months where snow can reside on the ground at any time. The rivers receive
PAGE 2 OF I I - EXHIBIT "D" TO ORDINANCE 2011-027
significant input from cool spring fed waters. The groundwater is mostly derived from
snowmelt in the high Cascades to the west, and is also relatively cool.
The development of thousands of small lots in the RPS project area is therefore superimposed
upon highly permeable, rapidly draining soils and a high groundwater table with relatively cold-
water temperatures. The overwhelming majority of the lots are served by on-site sewage
disposal systems (septic systems), including standard drain fields, cap and fill systems, and more
recently sand-filter systems. Nitrates, a by-product of septic systems and an indicator of human
pathogens, are poorly retained in the fast draining soils and do not easily break down due to
the cool groundwater temperature. As a result, loading of nitrates occurs in the shallow
groundwater aquifer that underlies this region. The presence of a high level of nitrates is of
great concern because this same aquifer is the source of drinking water for the residents in the
area.
A recent US Geological Survey study of groundwater in Central Oregon concludes that
groundwater in the area is connected to nearby surface waters, including the Deschutes and
Little Deschutes Rivers. Through the sampling of numerous wells in the RPS project area the
Oregon Department of Environmental Quality (DEQ) is predicting that nitrate in the
groundwater will approach unsafe levels, principally as a result of the cumulative effect of
sewage disposal with on-site septic systems, in the near future. Levels of nitrate are elevated in
several localized areas within the RPS project area. However the majority of wells show very
low nitrate levels at this time and surface water contamination has not been documented.
Due to the existing pattern and density of development DEQ is predicting that nitrate levels
will continue to increase over time, even if measures were taken now to alter the development
pattern in the RPS project area. If measures are delayed much longer, the consequences could
become more serious, possibly resulting in unsafe levels of nitrates in groundwater and drinking
water. More definitive information is expected to be available in the next few years, regarding
the timing of nitrate movement in groundwater and the overall impact of nitrate from septic
systems to groundwater and possible surface water pollution. The DEQ and Deschutes County
will complete additional groundwater investigations and testing of innovative sewage treatment
and disposal systems to reduce the impact on groundwater from nitrogen in household sewage,
with grants from the US Environmental Protection Agency. The results from these studies will
not be known for several years. Studying different approaches to on-site sewage treatment and
disposal may lead to affordable technological advances that can be applied to new and possibly
existing systems. In the meantime, the region will continue to grow and nitrate loading from
on-site systems will continue to increase.
Some measures may need to be implemented in the future to address groundwater pollution
and other impacts that could result from the development of the thousands of small size
subdivided lots in South Deschutes County. The creation of a new neighborhood between La
Pine and Wickiup junction as an alternative to building fewer houses on the remaining vacant
small lots appears to hold much promise. A market-driven transferable development credits
program could assist in the redirection of growth from the existing subdivisions into this new
neighborhood.
A development standard or sewage disposal rule that requires an effective lot area of 1.5 acres
for new dwellings served by an on-site septic system may need to be considered. The acreage
requirement would need. to be based on the long-term balance between nitrate loading from
PAGE 3 OF 11 - EXHIBIT "D" TO ORDINANCE 2011-027
septic systems and dilution from precipitation that infiltrates the land. An effective lot area
should include contiguous or non-contiguous vacant land within a specified distance from the
proposed building site.
For these reasons, Deschutes County has determined that it is appropriate to adopt
comprehensive plan goals and policies to recognize the importance in protecting groundwater
and other resources and the need to continue to work on the RPS project for South
Deschutes County.
Nitrates - Health and groundwater impacts; septic system impacts and studies
High levels of nitrates in drinking water are a cause of methemoglobinemia (blue baby
syndrome) in infants and have been linked to cancer and weakening of immune system in the
elderly. Recent epidemiologic studies indicate that chronic long-term exposure to low levels
(2.5 mg/L) of nitrates can increase the risks for certain types of cancers. Nitrate levels are often
used as an indicator for the transmission capabilities of other pathogenic agents. Surface waters
are very sensitive to eutrophication by the addition of nutrients; nitrate is an indicator of
nutrient loading.
A natural background level of nitrates would be less than I mg/L. The Environmental Protection
Agency (EPA) has set the safe water drinking standard (Maximum Contaminant Level or MCL)
for nitrate at 10 mg/L. The DEQ is required to declare a region a Groundwater Management
Area if nitrate concentration reaches 7 mg/L. This would require a plan to protect and restore
groundwater quality. Deschutes County Planning and Environmental Health are only slightly
ahead by starting and developing their plans proactively.
On-site septic systems are the only significant source of nitrates in the La Pine sub-basin. The
La Pine sub-basin has many conditions that allow for little denitrification of wastewater to
occur: rapidly draining soil, shallow, well oxygenated groundwater, very short growing season,
cold temperature, not much hydraulic gradient. Most of the development has taken place in the
very bottom of the sub-basin over shallow groundwater and on small lots served by wells from
an unconfined aquifer.
In 1980-81 contamination of the aquifer from septic systems had already occurred in the La
Pine core area. (La Pine Aquifer Management Plan, Century West, 1982). A community sewer
system was required to remedy the situation. A 1995 well monitoring study by DEQ showed
that after I I years of sewer, the nitrate levels in the La Pine core area had receded but were
still at "unsafe levels." This is an indication that the recovery time for the aquifer is lengthy.
The 1995 monitoring study also revealed the existence of five areas in the RPS project area,
not including the core area of La Pine, where nitrate levels are greater than usual background
levels. Nitrate levels are as high as 4.8 to 5.9 mg/L in three of these areas and as high as 3 mg/L
in the other two.
The 1995 monitoring study was part of a modeling effort by the DEQ to estimate the impact of
septic systems on the groundwater. The initial results of the model indicate that at existing
(1994) development the aquifer would reach nitrate levels of 7 mg/I by 2005. Since the
collection of samples in 1994 there are approximately 700 additional residences in the RPS
project area using on-site septic systems. The model is limited because it is two-dimensional
and does not account for flow in or out of its boundaries.
PAGE 4 OF 11 - EXHIBIT "D" TO ORDINANCE 2011-027
A grant from the US Environmental Protection Agency will allow significant work to begin in
1999 to help with a solution to the problem of high nitrate levels. The primary purpose of the
grant is to study new technologies in on-site septic systems. Part of the grant will be used to
continue increasing the groundwater monitoring network and complete additional analysis of
nitrate movement in the groundwater using a three dimensional model.
The innovative septic system program was started in 1998 through the RPS project and DEQ
grant funding and is expected to increase significantly with the new federal grant. The purpose
is to try new technologies that appear to be capable of reducing nitrate levels. Besides nitrate
reduction there are many other aspects of new technology that need to be examined before
widespread applications for the general public can occur.
Over the past five years the USGS has developed a groundwater flow model of the entire
Upper Deschutes Basin. The model will be used as the basis for an analysis of the impacts of
nitrates from on-site systems to help answer the following three questions:
■ Where should additional monitoring wells be set up for continuous monitoring of nitrate
plumes from residential development?
■ What density does development need to be set at to minimize impact on groundwater
quality?
■ What variations of impact due to location are there in the La Pine sub-basin?
The DEQ rules require a minimum of an acre for standard system and a half-acre for pressure
or sand filters in rapidly draining soils. This is a statewide rule and the authors were probably
looking at rainfall amount from a typical Willamette Valley year to provide dilution. Mixing
wastewater from a typical single-family residence with the recharge provided by yearly
precipitation in Southern Deschutes County, it requires 2.5 acres for a standard system and 1.5
acres for a sand filter to maintain a recharge concentration at or below 7 mg/l. This estimate is
on the conservative side because it does not account for inflow, outflow, or upflow from other
areas.
Areas such as Fall River Estates, Wild River and Ponderosa Pines do not require as much
acreage to achieve an adequate amount of mixing and dilution of nitrates because they are
located in areas of higher precipitation at the western edge of the aquifer. Also, the aquifer
gradient is steeper resulting in more dilution due to higher groundwater flow rates. La Pine and
portions of Oregon Water Wonderland and Stage Stop Meadows subdivisions served by sewer
systems are also not contributing to the overall nitrate-loading problem in the region.
Legislation
In October 1998, Congress passed legislation to assist Deschutes County in purchasing a 540-
acre tract of land from the Bureau of Land Management. This tract is located between La Pine
and Wickiup junction, west of Highway 97 and east of Huntington Road. A sewer line between
the communities of La Pine and Wickiup junction runs through the property. This property is
intended to be the site of a new neighborhood that will be serviced by sewer and water
systems, and paved roads. Residential use will predominate, although community needs such as
a senior center, library, assisted living facility and limited neighborhood commercial uses may be
developed. A design process known as a "charrette" occurred in November 1998. This design
workshop occurred over a three-day period with the participation of over 80 people from the
community.
PAGE 5 OF 11 - EXHIBIT "D" TO ORDINANCE 2011-027
The initial design encompasses a neighborhood primarily residential in character with sewer,
water and a road network of paved streets and access roads without curbs. A setback of 300
feet from Highway 97 has been incorporated into the eastern boundary of the design. A senior
center and assisted living facilities are included in the southern part of the property adjacent to
the community of La Pine. This preliminary design will be evaluated to determine lot sizes and
density, development costs, phasing of development and the ability to use transferable
development credits as a tool for the overall development of the new neighborhood.
Transferable Development Credits
A TDC (Transferable Development Credit) Program has been developed to redirect some of
the future development of residential dwellings from lots served by on-site sewage disposal
(septic) systems to the residentially zoned districts in the Neighborhood Planning Area in the
La Pine UUC that will be connected to water and sewer systems. A TDC is a severable interest
in real property that represents the right to construct a single-family dwelling and an on-site
sewage disposal system. The TDC program code has been adopted in compliance with the
provisions of ORS 94.53 I.
The essential elements of the TDC program are to be codified in DCC Title 11, County
Owned Land and Property, of the County Code. The TDC program is intended to redirect
some of the future residential growth from existing subdivisions in South Deschutes County,
also identified as the "sending area" where TDC's are allocated to eligible lots, into the
Neighborhood Planning Area, also referred to as the "receiving area" where TDC's are
required to be redeemed based on a net developable acreage formula. If successful the TDC
program will reduce the overall impact from development in flood plains, wetlands, deer
migration corridors and areas susceptible to groundwater pollution from nitrates. It will also
help to maintain open space and preserve the rural character of the area by reducing the
overall density of development that would otherwise exist in the future if a dwelling were built
on every legal lot.
In the sending area the TDC program will operate in a voluntary,
market-driven manner. Those property owners who choose to sell their
TDC's will retain ownership of the underlying land on which certain
uses, such as camping, wood cutting, vegetation management,
agricultural use and construction of a small storage structure will be
allowed. A Conservation Easement will be placed on the property that
will prohibit the construction of a single-family dwelling and on-site
sewage disposal system on the property. Property owners who sell their
TDC's and enter into a Conservation Easement restricting future uses
on their property may elect to sell the deed for the underlying property
to a willing buyer.
Public Participation
kGOTONAL PRO3LEM SOLVSNO
FOR SOUTH CESCHUTES COUNTY
FINAL REPORT
VOR
THE OREGON LANG CONSERVATION &
DEVELOPMENT COMMISSION
WV 13"9
DESCH'[", (xHit"Y
C(.NAMUHTIY DEVELOPMENT DEPARTMENT
G,;1
The RPS project has involved all aspects of the community, including property owners, interest
groups, public agencies and government at the local, state and federal levels. Over 20
stakeholder meetings and 5 public forums were held. Eight newsletters and other mailings have
been sent out to an extensive mailing list of property owners and other interested individuals,
community organizations and local governments. The local press has covered this topic with a
PAGE 6 OF 11 - EXHIBIT "D" TO ORDINANCE 2011-027
number of articles and news reports on several occasions. According to written surveys the
top three priorities for the residents of South Deschutes County are: 1) to retain open space
to maintain the rural character of the area; 2) to not allow septic systems in areas of high
groundwater; and, 3) to allow for experimentation with alternative methods of sewage disposal.
Among the least favored options was extending sewer throughout the region due to the high
cost associated with this expansion. However, several small sewer systems exist in the region
and people commented and testified at public meetings and hearings that the option of using
sewer systems to dispose of sewage should continue to be explored.
To ensure that public involvement was as great as possible regarding proposed amendments in
1998 to the comprehensive plan and zoning ordinance, an additional newsletter was mailed that
contained a notice of public hearings before the Deschutes County Planning Commission and
the Board of County Commissioners. The newsletter also described various aspects of the RPS
program, characterized design elements of the new neighborhood as a result of the design
charette and encouraged people to attend a community workshop held in early December to
learn more about the amendments. This newsletter was mailed to over 5,000 property owners,
including the owners of all lots in the RPS project area which are zoned RR-10 and less than 2
acres in size, and the stakeholders, interest groups, agencies, etc., who had previously
participated or expressed an interest in the RPS project. More detailed information about the
RPS project including information on nitrates, experimental on-site technology, alternative
solutions, transferable development credits and a bibliography of the studies and other sources
of information used to analyze the region's problems and to formulate solutions was made
available at the hearings.
LCDC Acknowledgement
In September 2000 the Oregon Land Conservation and Development Commission (LCDC)
conducted a hearing and approved the County's request to expand the La Pine UUC to include
the area formerly recognized as the Wickiup Junction Rural Service Center and the New
Neighborhood area. The Neighborhood area includes a tract of land the County purchased
from the Bureau of Land Management and a privately owned parcel. LCDC also approved the
County's comprehensive plan designation and rezoning of the area added to the La Pine UUC
from resource lands zoned exclusive farm use to various planning districts that allow for the
creation of a residential subdivision served by municipal water and sewer systems and paved
roads.
Other Area Specific Policies
Oregon Military Site
The Oregon Military Department has real property interests in lands outside Redmond that is
used for military training. Concerns were raised by that department that the noise of their
operations could disturb neighboring properties and the use of the land could be questioned.
Developing an overlay zone that requires the military be notified of new development and new
development be notified of the military's right to continue operations, would protect the
interests of both parties.
Deschutes Junction
A community plan was initiated for the Deschutes junction area, which includes lands
designated Rural Industrial and Rural Commercial. There has been some discussion about
PAGE 7 OF 11 - EXHIBIT "D" TO ORDINANCE 2011-027
whether this area should have been designated as a Rural Service Center during the
unincorporated community evaluations. After considerable debate, policies for Deschutes
Junction were adopted in Ordinance 201 1-005 and incorporated into this Plan in Ordinance
2011-027.
Crooked River Ranch
Crooked River Ranch, a rural subdivision located between the Deschutes and Crooked Rivers,
straddles Deschutes and Jefferson counties. It has the largest homeowner association in Oregon
and contains approximately 4,000 people. Access to this development occurs in Deschutes
County, underscoring the importance of coordinating regularly with its residents and Jefferson
County to assure safe, convenient travel routes.
S. Deschutes/N. Klamath Groundwater Protection Project
The Oregon Department of Environmental Quality (DEQ), the US Geological Survey and
Deschutes County have determined that the safety of the groundwater in southern Deschutes
and northern Klamath counties is threatened by nitrate contamination from traditional onsite
septic wastewater treatment systems. The groundwater aquifer provides the drinking water
source for most residents in this area. As of 2010, the DEQ and a steering committee of local
area residents are now working with the community to find the best way to protect the
groundwater.
PAGE 8 OF I 1 - EXHIBIT "D" TO ORDINANCE 2011-027
,Seot%m, 3.:L0 Area Speo~fro PoLLc*L'es
Goals and Policies
Goal I Create area specific land use policies and/or regulations when
requested by a community and only after an extensive public
process.
Policy 3. 10.1 Maintain a list of communities interested in area specific policies and as
resources permit, initiate public processes to address local issues.
South Deschutes County
Policy 3.10.2 Develop a south county community plan and adopt it as a subsection of
this Plan.
Policy 3.10.3 Support the leadership of the Department of Environmental Quality in
working with the community to address groundwater protection issues.
Policy 3.10.4 To the maximum extent allowed by law, reinvest net proceeds from the
development or sale of County-owned real property in the La Pine
Neighborhood Planning Area, now in the City of La Pine, into future
improvements such as roads, parks, open space development and
maintenance, public buildings and on-site and off-site water and
wastewater facility improvements or expansion, in the City of La Pine or
Regional Problem Solving study area.
Regional Problem Solving
Goal 2 Preserve water and air quality, reduce wildfire hazards and
protect wildlife habitat.
Goal 3 Ensure that domestic water derived from groundwater meets
safe drinking water standards.
Goal 4 Develop an equitable, market-driven system, that reduces the
potential development of existing lots in floodplains, wetlands,
mule deer migration corridors and areas susceptible to
groundwater pollution.
Goal 5 Create a new neighborhood, primarily residential in character,
between La Pine and Wickiup junction, that provides services
efficiently, sustains economic development and reduces adverse
impacts to groundwater quality in South Deschutes County.
Goal 6 Explore innovative sewage treatment and disposal methods.
Policy 3.10.5 The County shall continue to work with landowners, citizens, community
organizations and governmental agencies at the local, state and federal
level to:
a. Continue collaborative work on the Regional Problem Solving project.
b. Develop, review and implement land use policies and development
standards that will ensure that agreed-upon solutions from the
PAGE 9 OF 1 I - EXHIBIT "D" TO ORDINANCE 2011-027
Regional Problem Solving project are enacted to the maximum extent
possible.
c. Acquire land from the Bureau of Land Management between La Pine
and Wickiup junction, west of Highway 97, to develop as a new
neighborhood.
d. Conduct feasibility studies regarding development of a new
neighborhood. Such studies may include, but are not limited to: a
master design plan, development costs and funding options, water and
sewer system feasibility, traffic impacts, and zoning codes and
governance issues.
e. Install and monitor innovative on-site sewage treatment and disposal
(septic) systems on privately owned parcels in the Regional Problem
Solving project area as part of the La Pine National Decentralized
Wastewater Treatment Demonstration Project funded by the U.S.
Environmental Protection Agency and in cooperation with the Oregon
Department of Environmental Quality.
f. Work cooperatively with the U.S. Geological Survey and Oregon
Water Resources Department during well water sampling and analysis
to advance three-dimensional groundwater and nutrient fate and
transport modeling in the south Deschutes County area.
Policy 3.10.6 The County shall implement and monitor in accordance with DCC
23.44.030(D), a Transferable Development Credit program as a means to
redirect potential growth away from residential lots in subdivisions
throughout the region into the La Pine Neighborhood Planning Area. The
County shall establish a Transfer of Development Credit Review
Committee to assist in analyzing and recommending any changes deemed
appropriate to the Transfer of Development Credit program.
Policy 3.10.7 The County shall continue to evaluate means to reduce nitrate loading
from on-site sewage disposal systems by exploring innovative on-site
sewage treatment and disposal technology, retrofitting of existing
substandard or inappropriately located disposal systems, expansion of
sewer systems, development of standards such as an effective lot area or
variable lot area requirements, or other measures that will accomplish
the goals.
Policy 3.10.8 New residential subdivisions and partitions in the La Pine Urban
Unincorporated Community shall be connected to a community water
system and either the La Pine Special Sewer District sewage treatment
system or a community waste water treatment facility that meets Oregon
Department of Environmental Quality standards.
Oregon Military Site
Policy 3.10.9 Support an overlay zone for property owned and/or utilized by the
Oregon Military Department to protect the military site and neighboring
properties from noise and land use conflicts.
PAGE 10 OF 11 - EXHIBIT "D" TO ORDINANCE 2011-027
Regional Coordination
Policy 3.10.10 Coordinate with Jefferson County and Crooked River Ranch residents as
needed.
Deschutes Junction
These policies ore going though a separate pFocess and %411 be incorporated %,hen adopted,
Policy 3.10.11 Maximize protection of the rural character of neighborhoods in the Deschutes
junction area while recognizing the intended development of -Properties designated for
commercial, industrial and agricultural uses.
Policy 3.10.12 Review cumulative impacts of future development and future traffic
improvements in the Deschutes unction area in a manner consistent with Deschutes County
traffic stud requirements at 17.16.115, the Oregon Hi hwa Plan access management
standards o OAR Cha ter 734, Division 51 and OAR Chapter 660, Division / 2. the
Transportation Planning Rule TER .
Policy 3. / 0.13 Support safe and efficient travel around Deschutes Junction, including a
frontage road extending north from Tumalo Road on the west side of Highway 97.
Policy 3.10.14 Review Policies 3.10. ! 1 through 3.1 and initiate a Deschutes junction
Master Plan.
PAGE 11 OF 11 - EXHIBIT "D" TO ORDINANCE 2011-027
sectiow 4.5Terrebowwe cowt.vu.uw%t~ PLavv,
Background
The Terrebonne Community Plan being _adopted as a separate prej in Ordinance
201 1-012 a will be is hereby incorporated here when adeptedinto this Plan as
Appendix A.
PAGE I OF 1 - EXHIBIT "E" TO ORDINANCE 2011-027
5ectiovi. 4.6 Tuvu.al,o Covu.vu.uwit~ PI,Av,
Background
The Tumalo Community Plan +s-beftadopted as a separate pr-ej in Ordinance 2010-
027 and will beis hereby incorporated here=. when adeptedinto this Plan as Appendix B.
PAGE I OF I - EXHIBIT "F" TO ORDINANCE 2011-027
sect~ow 5.s coaL 5 lwvewtor~
water tzesou.rces
Background
This section contains information from the 1979 Deschutes County Comprehensive
Plan as revised and the 1986 Deschutes County/City of Bend River Study. It lists the
water resources in Deschutes County. These inventories have been acknowledged by
the Department of Land Conservation and Development as complying with Goal 5. No
changes have been proposed for the 2010 Comprehensive Plan update.
Goal 5 requires the following water resources be inventoried and the inventories are
listed below.
■ Riparian corridors, including water and riparian areas and fish habitat
■ Wetlands
■ Federal Wild and Scenic Rivers
■ State Scenic Waterways
■ Groundwater Resources
Also included in these inventories are Significant Lakes and Reservoirs.
Riparian Corridors
Inventories
Table 5.3.1 Deschutes County River Miles
Waterway
Miles
Deschutes River
97
Little Deschutes River
42
Whychus Creek (lower 6 miles in Jefferson County)
39
Tumalo Creek
16
Paulina Creek
10
Fall River
8
Crooked River
7
Jource: Ueschutes County/C. ity oT bend Kiver Jtudy I W6
Table 5.3.2 Deschutes County Goal 5 Riparian Inventory
PAGE 1 of 4 - EXHIBIT "G" OF ORDINANCE 2011-027
Streams Riparian Acres
Deschutes River
Little Deschutes 2,920
River
Paulina Creek 846
Indian Ford Creek
Tumalo Creek 50
Fall Creek 47
Whychus Creek 43
Crooked River 38
Source: 1979 Deschutes County Comprehensive Plan as revised and Deschutes County/City of Bend River Study
1986
Table 5.3.3 Deschutes County Goal 5 Floodplains Adjacent to Rivers and Streams
Deschutes River
Little Deschutes River
Crooked River
Spring River
Dry River
Paulina Creek
Indian Ford Creek
Long Prairie
Whychus Creek
Source: 1979 Deschutes County Comprehensive Plan as revised and Federal Emergency Management
Agency maps
Table 5.3.4 Deschutes County Goal 5 Perennial Streams
Bottle Creek
Full Creek
Spring Creek
Bridge Creek
Goose Creek
Three Creek
Brush Draw
Indian Ford Creek
SF Tumalo Creek
Bull Creek
Jack Creek
NF Whychus Creek
Cache Creek
Kaleetan Creek
Soda Crater Creek
Charlton Creek
Metolius Creek
NF Trout Creek
Cultus Creek
Park Creek EF
NF Tumalo Creek
Cultus River
Park Creek WF
MF Tumalo Creek
Deer Creek
Pole Creek
First Creek
Dry Creek
Rock Creek
Soap Creek
Fall Creek
Snow Creek
Todd Lake Creek
Note: All of these streams, except portions of Indian Ford Creek, Cache Creek and Dry Creek, are located on federal land and
are subject to either the Deschutes National Forest or the Bureau of Land Management Resource Management Plans.
Source: 1979 Deschutes County Comprehensive Plan as revised
Table 5.3.5 Deschutes County Riparian Ownership
PAGE 2 of 4 - EXHIBIT "G" OF ORDINANCE 2011-027
River or Stream
Ownership
Deschutes River
Private/Federal
Little Deschutes River
Private/Federal
Fall River
Private/Federal
Tumalo Creek
Private/Federal
Three Creek
Private/Federal
Whychus Creek
Private/Federal
Trout Creek
Private/Federal
Dry Creek
Private/Federal
Cache Creek
Private/Federal
Indian Ford Creek
Private/Federal
Cultus River
Federal
Charlton Creek
Federal
Deer Creek
Federal
Cultus Creek
Federal
Quinn Creek
Federal
Fall Creek
Federal
Moore Creek
Federal
Source: 1979 Deschutes County Comprehensive Plan as revised
Wetlands
Inventory: In 1992 Deschutes County Ordinance 92-045 adopted all wetlands identified
on the U. S. Fish and Wildlife Service National Wetland Inventory Maps as the
Deschutes County wetland inventory. Additionally, Deschutes County Ordinance 2011 -
008 adopted a Local Wetland Inventory (LWI) coverine 18.937 acres in South
Deschutes County.
Federal Wild and Scenic Rivers
Inventory: The following segments of the Deschutes River have been designated as
Federal Recreation and Scenic rivers by the passage of the 1988 Omnibus Oregon Wild
and Scenic Rivers Act of 1988. Congress mandates the US Forest Service to prepare a
management plan for these segments of the Deschutes River.
Table 5.3.6 Deschutes County Wild and Scenic River Segments
Waterway
Description
Deschutes River
From Wickiup Dam to Fall River (22 miles)
Deschutes River
Fall River to N boundary Sun River (20 miles)
Deschutes River
N boundary Sun River to Bend UGB (13 miles)
Whychus Creek (formerly
Squaw Creek)
Includes all tributaries within the Three Sisters Wilderness, Soap Creek
and the main stem from the wilderness boundary to the stream flow gauge
station
Source: County Ordinance 92-052
Oregon Scenic Waterways
Inventory: The following segments of the Deschutes River have been designated as State
Scenic Waterways by the State Legislature or a 1988 Ballot.
Table 5.3.7 Deschutes County Oregon Scenic Waterway Segments
PAGE 3 of 4 - EXHIBIT "G" OF ORDINANCE 2011-027
Waterway
Description
Deschutes River
From Little Lava Lake to Crane Prairie Reservoir (12 miles)
Deschutes River*
From Wickiup Dam to General Patch Bridge (28 miles)
Deschutes River
From Harper Bridge to the COI diversion (21 miles)
Deschutes River*
From Sawyer Park to Tumalo State Park (5 miles)
Deschutes River
From Upper Deschutes Market Road to the County line (28 miles)
Little Deschutes
12 miles
Source: County Ordinance 92-052
Groundwater Resources
Inventory: Groundwater in the Deschutes River Basin in Deschutes County connects
with surface water according to the U.S. Geological Survey.
Landscape Management Rivers and Streams
Inventory: Please see Section 5.5 of this Plan for the list of Landscape Management Rivers
and Streams.
Significant Lakes and Reservoirs
Inventory: The following lakes are significant open space resources in the county. The
land adjacent to the lakes is also an important open space and a recreational resource.
All of the inventoried lakes and reservoirs except parts of Tumalo Reservoir are under
federal ownership and management.
Table 5.3.8 Deschutes County Significant Lakes and Reservoirs
River or Stream
Township
Range
Section
Bobby Lake
T 22S
R 06E
14
Charlton Lake
T 21 S
R 06E
14
Crane Prairie Reservoir
T 21
R 08E
16
Cultus Lake
T 20S
R 07E
24
Deer Lake
T 20S
R 07E
Devils Lake
T 18 S
R 08E
NW 1/2 SEC. 10
Davis Lake
T 22S
R 07E
East Lake
T 21S
R 13E
31
Elk Lake
T 18S/ 19S
R 07E
5
Hosmer Lake
T 19S
R 08E
4
Lava Lake
T 19S
R 08E
22
Little Cultus Lake
T 20S
R 07E
Little Lava Lak
T 19S
R 08E
22
North Twin Lake
T 21 S
R 08E
_
28
Paulina Lake
T 21 S
R 12E
84
South Twin Lake
T 21 S
R 08E
28
Sparks Lake
T 18S
R 08E
23
Three Creeks Lake
T 17S
R 09E
14
Todd Lake
T 18S
R 09E
8
Upper Tumalo Reservoir
T 16S
R I I E
33
Winopee Lake
T 19S
R I I E
33
Wickiup Reservoir
T 22S
R 09E
7
Source: Deschutes County Ordinance 92-052
PAGE 4 of 4 - EXHIBIT "G" OF ORDINANCE 2011-027
52Cti,OVi.5.8 CjDG11.51wVZwtDYu
mL'v,eraL awd Agoregate R.esou.rces
Background
This section contains information from the 1979 Deschutes County Comprehensive
Plan as revised. It lists the surface mining resources in Deschutes County. These
inventories have been acknowledged by the Department of Land Conservation and
Development as complying with Goal 5. No changes have been proposed for the 2010
Comprehensive Plan update.
Table 5.8.1 - Deschutes County Surface Mining Mineral and Aggregate Inventory
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
151010-00-
246
00205, 207,
Tewalt
S & G
10,000
Good
Hwy 20
300, 302, 303
248
151012-00-
Cyrus
Cinders
30.2 M
Excellent
Cloverdale Road
00100
151211 -DO-
251
01400,151214-
Cherry
S & G
125,000
Good
AO-00800
252
151200-00-
Thornburgh
Rock
2.5 M
Good
04700,04701
271
1 5 1 036-00-
Deschutes
S & G
2 M
Mixed
Harrington Loop
00800
County
Road
151117-00-
Deschutes
Fryrear
273
00100
County
S & G
75,000
Excellent
Rd/Redmond-
Sisters
274
151117-00-
Deschutes
S & G
Excellent
Fryrear Road
00700
County
275
151 100-00-
Deschutes
S & G
175,000
Good
Fryrear Landfill
02400
County
277
15101 1-00-
Oregon State
S & G
100
000
ODOT
01 100
H
,
Secs
151140-AO-
State of
ODOT
278
00901,151211-
Oregon
S & G
18,000
Sppeccs
DO-01200
282
171000-00-
Crown Pacific
Cinders
100,000
Fair
00100
283
171000-00-
Crown Pacific
Cinders
50,000
Fair
00100
288
171111-00-
Tumalo
S& G
250
000
Good
00700
Irrigation
,
292
171112-010-
RL Coats
S & G
326,000
ODOT
00900
Specs
293
171 12-00-
RL Coats
S & G
3 M
00500, 600,
ODOT
PAGE 1 of 7 - EXHIBIT "H" TO ORDINANCE 2011-027
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
700,800
Specs
296
171 100-00-
Crown Pacific
Cinders
100,000
Excellent
Shevlin
02702
Park/Johnson Rd
297
171 123-00-
Crown Pacific
Cinders
60,000
Johnson
00100
Rd/Tumalo
303
171207-00-
Cascade
Pumice
750,000
Good
00300
Pumice
303
171207-00-
Cascade
S & G
10,000
Good
00300
Pumice
313
171433-00-
Deschutes
S & G
100,000
Good
00600
County
313
171433-00-
Deschutes
Storage
Dodds
00600, 120
County
Road/Alfalfa
314
171332-00-
Deschutes
Dirt
150,000
Good
01100
County
315
140900-00-
Stott
Rock
93,454 tons
ODOT
Highway 20
02100
Specs
316
140900-00-
Black Butte
S & G
7 M
Good
00202
Ranch
140900-00-
Willamette
317
01300
Ind
Cinders
1.2 M
Good
141200-00-
Lower
322
01801
Fred Gunzner
S & G
1.5 M
Mixed
Bridge/Terrebonn
e
141200-00-
Lower
322
01801
Gunzner
Diatomite
500,000
Good
Bridge/Terrebonn
e
141200-00-
Lower
324
00702
ODVA
S & G
490,000
Good
Bridge/Terrebonn
e
326
141236-00-
US Bank
S & G
1
5 M
Good
00300, 301
Trust
.
330
141328-00-
Larry Davis
Cinders
50,000
Good
00702, 703
331
141329-00-
EA Moore
Cinders
100
000
Good
00100, 103
,
332
141329-00-
RL Coats
Cinders
2 M
Good
Northwest
00102
Way/Terrebonne
333
141329-00-
Robinson
Cinders
2.7 M
Good
00104
335
141333-00-
Erwin
Cinders
100,000
Excellent
Pershall
00890
Way/Redmond
336
141333-00-
US Bank
Cinders
4.5 M
Good
Cinder
00400, 500
Trust
Butte/Redmond
339
141132-00-
Deschutes
Dirt
200,000
Fill
Goodard
01500
County
Loop/Bend
341
161000-00-
Young &
S & G
I M
00106
Morgan
Good
PAGE 2 of 7 - EXHIBIT "H" TO ORDINANCE 2011-027
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
342
220900-00-
Crown Pacific
Cinders
200,000
Good
00203
345
161000-00-
Crown Pacific
Cinders
50,000
Good
01000
346
161000-00-
Crown Pacific
Cinders
50,000
Good
01000
347
161 101-00-
Deschutes
Dirt
10,000
Good
00300
County
161112-00-
Innes Mkt/Innes
351
01401, 1700,
Gisler/Russell
Cinders
150,000
Good
Butte
2000
161136-DO-
00100,161100-
Tumalo
Johnson
357
00-10400,
Irrigation
Cinders
I M
Road/Tumalo
10300
161136-DO-
357
00100,161100-
Tumalo
S & G
500,000
Good
00-10400,
Irrigation
10300
161136-DO-
357
00100,161100-
Tumalo
pumice
500,000
Good
00-10400,
Irrigation
10300
358
161231-DO-
Gisler
S & G
100,000
ODOT
Hwy 20/Tumalo
01100
Specs
361
161222-CO-
Oregon State
Cinders
700,000
Good
02800
Hwy
366
161230-00-
Oregon State
S & G
40,000
ODOT
00000
Hwy
Specs
368
161220-00-
Bend
S & G
570
000
Excellent
Twin
00200
Aggregate
,
Bridges/Tumalo
161231-DO-
Bend
370
00400
Aggregate
Storage
Plant Site
379
181 100-00-
Oregon State
S & G
500
000
ODOT
01600
Hwy
,
Specs
181125-CO-
381
12600,181126-
Pieratt Bros
Cinders
50,000
Good
00-01600
390
181214-00-
Deschutes
Dirt
2 M
Landfill
00500, 100
County
391
181221-00-
Central OR
Cinders
500,000
Good
00200
Pumice
392
181223-00-
Rose
Rock
10 M Est
Mixed
00300
392
18
0
Rose
Dirt
7
5 M
00300
.
Good
PAGE 3 of 7 - EXHIBIT "H" TO ORDINANCE 2011-027
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
393
181225-00-
LT
Cinders
12.5 M
Good
Arnold Mkt Rd/SE
01400
Contractors
of Bend
394
181200-00-
Windlinx
Cinders
270,000
Coarse
Hwy 97/South of
04400, 0441 1
Bend
395
181200-00-
Oregon State
Cinders
100
000
Good
04300
Hwy
,
181300-00-
ODOT
400
0.4501, 04502
Eric Coats
S & G
2.5 M
Specs
404
191400-00-
Moon
S & G
1.3 M
Good
00200
404
191400-00-
Moon
Rock
800
000 - 2 M
Good
Hwy 20/East of
00200
,
Bend
405
191400-00-
Oregon State
Aggregate
50,000
ODOT
00600
Hwy
Specs
408
191600-00-
RL Coats
S & G
3 M
Good
01500
413
;201500-00-
Deschutes
S & G
30
000
Good/Ex
Hwy 20/East of
01400
County
,
cellent
Bend
414
201500-00-
Deschutes
S & G
30
000
Good/Ex
Hwy 20/East of
01500
County
,
cellent
Bend
415
201716-00-
Deschutes
S & G
30
000
Good/Ex
Hwy 20/East of
00700
County
,
cellent
Bend
416
:201716-00-
Deschutes
S & G
30
000
Good/Ex
Hwy 20/East of
00200
County
,
cellent
Bend
417
201716-00-
Deschutes
S & G
30
000
Good/Ex
Hwy 20/East of
00900
County
,
cellent
Bend
418
201716-00-
Deschutes
S & G
30
000
Good/Ex
Hwy 20/East of
01000
County
,
cellent
Bend
419
:201716-00-
Deschutes
S & G
30
000
Good/Ex
Hwy 20/East of
01300
County
,
cellent
Bend
421
212000-00-
00900
RL Coats
S & G
500,000
Excellent
Hwy 20/Tumalo
423
21 1 106-CO-
Ray Rothbard
S & G
100,000
Good
00700
426
11 100-00-
La Pine Redi-
S & G
I M
Good
00702
Mix
427
2I 1100
-
00-
Bill Bagley
S & G
40,000
Good
0070
1
431
221100
-
00-
Russell
Cinders/
12 M/ 1.2 M
Good
Finley Butte
00600
Rock
432
221100-00-
State of
Cinders
160
000
Good
00500
Oregon
,
433
2 11300
-00-
La Pine
Lump
10 M
Excellent
00101
Pumice
Pumice
441
150903-00-
Willamette
S& G
11 M
Good
00300
Ind
442
1'50909-00-
Willamette
S & G
6M
Good
PAGE 4 of 7 EXHIBIT "H" TO ORDINANCE 2011-027
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
00400
Ind
443
150917-00-
Willamette
Rock
150,000
Fair
00600
Ind
453
161209, 10-00-
Robert
S & G
704,000
ODOT
00600, 301
Fullhart
Specs
459
141 131-00-
Deschutes
Cinders
50,000
Good
05200
County
14130 141200-
GeedDo
88-8-1-588, 1501 ,
350
000
es not
46 I
1502, -1588;
Nolan
S & G
,
210.00
0
meet
4-WS
ODOT
specs
141200-00-
461
461
Franklin
Diatomite
2 M
Good
150z
-;58T
N
l
T~
o
an
1600
465
141333-00-
Oregon State
Cinders
100
000
Good
00900
Hwy
,
466
141333-00-
Fred Elliott
Cinders
5
5 M
Good
00600
.
467
141333-00-
Knorr Rock
Cinders
5 M
Good
00601
Co
469
14
0
eschutes
D
Cinders
2 M
Fair
00100
County
475
151012-00-
Deschutes
Cinders
200
000
Good
Cloverdale Road
00600
County
,
482
151300-00-
Deschutes
Dirt
2 M
Good
Negus Landfill
00103
County
161230-00-
488
00100, 600,
Bend
S & G
400,000
O
2000, 2100
Aggregate
Sppeccs
496
191400-00-
00500
Taylor
S & G
1.8 M
Mixed
Hwy 20
498
191400-00-
Oregon State
S & G
200
000
ODOT
02200
Hwy
,
Specs
499
191533-00-
Oregon State
S & G
50
000
ODOT
00200
Hwy
,
Specs
500
191500-00-
Oregon State
S & G
1
30
000
ODOT
00099
Hwy
,
Specs
501
191500-00-
Oregon State
S & G
50
000
ODOT
01600
Hwy
,
Specs
503
191600-00-
Oregon State
S & G
200
000
ODOT
01300
Hwy
,
Specs
505
201600-00-
Oregon State
S & G
275
000
ODOT
00400
Hwy
,
Specs
506
201600-00-
Oregon State
S & G
36
000
ODOT
00600, 700, 800
Hwy
,
Specs
PAGE 5 of 7 - EXHIBIT "H" TO ORDINANCE 2011-027
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
508
201700-00-
State of
S & G
100,000
ODOT
01000
Oregon
Specs
515
201801-00-
Oregon State
S & G
100
,000
ODOT
00100
Hwy
Specs
522
21 1900-00-
Oregon State
S & G
300,000
ODOT
01000
Hwy
Specs
524
212000-00-
Oregon State
S & G
300,000
ODOT
01900
Hwy
Specs
528
2221 10-00-
Oregon State
S & G
45
,000
ODOT
00600
Hwy
Specs
529
221 100-00-
Oregon State
S & G
31
,000
ODOT
00300
Hwy
Specs
533
222100-00-
Oregon State
S & G
I M
ODOT
00800
Hwy
Specs
141035-00-
02000,2100,
Inc Portions of TL
541
2200, 2300,
Cyrus
Aggregate
528,000
Good
1800/1900
2400, 2500,
2600
542
151001-00-
Swarens
Aggregate
80,000
Good
02700
543
151013-00-
Cyrus
Aggregate
1.1 M
Good
00100
600
191400-00-
Robinson
S & G
3.8 M
Good
Hwy 20/East of
00700
Bend
601
211100-00-
La Pine Redi
S & G
479
000
DEQ
Paulina Lake Road
00700
Mix
,
Specs
* Quantity in cubic yards unless otherwise noted
Source: 1979 Deschutes County Comprehensive Plan as revised
PAGE 6 of 7 - EXHIBIT "H" TO ORDINANCE 2011-027
Table 5.8.2 - Deschutes County Non-Significant Mining Mineral and
Aggregate Inventory
Site #
Taxiot
Name
Type
Quantity*
Comments
Whychus
Creek
15-10-13-700
Irrigation
Silt, sand,
200,000 cy
Reservoir Size is
100
District-
& dirt
80 acres.
Watson
Reservoir I.
Whychus
Creek
15-10-13-700
Irrigation
sand & dirt
600,000 cy
Reservoir size is
101
District-
40 acres.
Watson
Reservoir 11.
Whychus
Creek
14-11-33-500
Irrigation
Silt, sand,
100,000 cy
Reservoir size is
102
District-
& dirt
12 acres
McKenzie
Reservoir
Whychus
Creek
Irrigation
Sand &
250,000 to
Reservoir
103
14-1 1-33-500
District-
dirt
300,000 cy
expansion size is
McKenzie
20 acres
Reservoir
Expansion
* Quantity in cubic yards unless otherwise noted
Source: 1979 Deschutes County Comprehensive Plan as revised
PAGE 7 of 7 - EXHIBIT "H" TO ORDINANCE 2011-027
S e ot% o v►, 5.11 Goal S Aof opte of o rol %VIIR VUCes
As noted in Section 2.4 of this Plan, adopted and acknowledged Goal 5 inventories,
ESEEs and programs are retained in this Plan. Generally the Goal 5 inventories and
ESEEs were adopted into the previous Comprehensive Plan or Resource Element and
the Goal 5 programs were adopted into the Zoning Code. The County does not have a
complete listing of Goal 5 inventory and ESEE ordinances, but will continue to research
those ordinances. The following list is a start in listing all Goal 5 ordinances that are
retained in this Plan.
■ 80-203 Misc. Goal 5
■ 85-001 Geothermal Resources
■ 86-019 Deschutes River Corridor
■ 90-025 Mining
■ 90-028 Mining
■ 90-029 Mining
■ 92-018 Historic and Cultural
■ 92-033 Open Space, LM
■ 92-040 Fish and Wildlife
■ 92-041 Fish and Wildlife (wetlands and riparian)
■ 92-045 Wetlands RE
■ 92-051 Misc. including Goal 5
■ 92-052 Misc. Goal 5
■ 92-067 Mining
■ 93-003 Misc. Goal 5
■ 94-003 Misc. Goal 5
■ 94-006 Historic and Cultural
■ 94-007 Wetlands and Riparian areas
■ 94-050 Mining
■ 95-038 Misc. Goal 5
■ 95-041 Mining
■ 96-076 Mining
■ 99-019 Mining
■ 99-028 Mining
■ 2001-027 Mining
■ 2001-038 Mining
■ 2001-047 Mining
■ 2001-018 Fish and Wildlife
■ 2003-019 Mining
■ 2005-025 Historic and Cultural
■ 2005-031 Mining
■ 2007-013 Mining
2008-001 Mining
■ 201 1-008 South Deschutes County LWI
■ 201 1-014 Mining
PAGE 1 of 1 - EXHIBIT "I" TO ORDINANCE 2011-027
Chapter 23.01. 010 COMPREHENSIVE PLAN
23.01.010. Introduction.
A.The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003
and found on the Deschutes County Community Development Department website is
incorporated by reference herein.
B. The Deschutes County Comprehensive Plan amendments adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
(Ord. 2011-027 § 1 through 12, 2011-, Ord.2011-003 §3, 2011)
PAGE 1 OF I - EXHIBIT "J" TO ORDINANCE 2011-027
lit
TO:
FROM:
MEMO DATE:
MEETING DATE:
SUBJECT:
BACKGROUND
Deschutes County adopted an updated Comprehensive Plan (Plan) on August 10, 2011. The
effective date of the updated Plan is November 9, 2011. The following amendments are needed
to ensure a smooth transition to the updated Plan. They are proposed to be adopted by
emergency, also with an effective date of November 9, 2011.
• A Goal 5 mining inventory amendment to the non-updated Plan was adopted during the
Plan update process and now needs to be moved to the updated Plan.
• The South County Local Wetland Inventory was adopted into the non-updated Plan and
needs to be moved to the new Plan.
• Housekeeping amendments are needed to properly incorporate the Terrebonne and
Tumalo Community Plans and Deschutes Junction policies into the updated Plan.
• There is a Rural Industrial site that is located in the city of La Pine that was mistakenly
included in the updated Plan. Because La Pine has adopted its own comprehensive
plan, that section can be removed from the updated Plan.
• The Terrebonne and Tumalo Community Plans and Deschutes Junction policies need to
be repealed from Title 23.
• The Title 23 introduction needs to be amended to reflect all these changes.
These changes are not substantive because they have already been debated and adopted or
are housekeeping amendments. A hearing is scheduled before the Board because the Local
Wetland Inventory language is not identical in the two versions of the Plan, because the
background text being amended is not identical. The hearing will ensure we are not
substantively changing the language adopted.
The Findings below provide more detail on these amendments as does the attached draft
ordinance.
The Planning Commission reviewed these changes at their meeting of October 13, 2011. They
voted to recommend that the Board adopt these amendments.
FINDINGS
Referring to the Table below:
MEMORANDUM
Deschutes County Board of County Commissioners
Terri Hansen Payne, Senior Planner
October 14, 2011
October 31, 2011
Comprehensive Plan Amendments
Quality Services Performed With Pride
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Deschutes County Comprehensive Plan Update
• Exhibits A, B, G, H and I incorporate adopted Ordinances 2011-008 and 2011-014 into
the updated Comprehensive Plan.
• Exhibit C deletes language on a Rural Industrial site located in the City of La Pine.
• Exhibits D, E, and F incorporate language from the non-updated Plan into the updated
Plan (Ordinances 2010-012, 2010-027, 2011-005).
• Exhibit J adopts these changes into the updated Comprehensive Plan that is
incorporated into Deschutes County Code Title 23.
All but two of these changes have been debated, adopted and not appealed. Therefore they do
not impact compliance with the Statewide Planning Goals or County Comprehensive Plan. The
other two are housekeeping, removing language on a Rural Industrial site that is currently
located in, and governed by, the City of La Pine and language to formalize these changes into
Title 23.
Comprehensive Plan Housekeeping Amendments
Exhibit Section
Amendments
Why Needed
A- 2.5
Add text and policies regarding the
Incorporate the LWI (Ordinance 2011-
Local Wetland Inventory (LWI)
008 effective 9-26-11)
B 2.6
Add text regarding the Local
Incorporate the LWI (Ordinance 2011-
Wetland Inventory
008 effective 9-26-11)
C 3.4
Remove Wickiup Junction Rural
Wickiup Junction is in the City of La
Industrial site text and policy
Pine' and governed by their
references
Comprehensive Plan
D 3.10
Add text and policies for Deschutes
Move the Deschutes Junction policies
Junction
(Ordinance 2011-005 effective 9-12-
11) from the non-updated Plan to the
updated Plan
E 4.5
Add language to reference the
Incorporate the Terrebonne
Terrebonne Community Plan as
Community Plan (Ordinance 2010-012
Appendix A
effective 11-23-10) into the updated
Plan
F 4.6
Add language to reference the
Incorporate the Tumalo Community
Tumalo Community Plan as
Plan (Ordinance 2010-027 effective 2-
Appendix B
28-11) into the updated Plan
G 5.3
Amend the Goal ; 5 wetlands
Incorporate the LWI (Ordinance 2011-
inventory to incorporate the Local
008 effective' 9-26-11)
Wetland Inventory
H 5.8
Amend the Goal 5 surface mining
Incorporate a surface mining change
inventory to incorporate adopted
(Ordinance 2011-014 effective 9-26-
changes
11)
1 5.11
Add the Goal 5 wetlands and
Keep the Goal 5 ordinance list
mining inventory changes to the list
accurate (Ordinances 2011-008 and
of Goal 5 ordinances
2011-014 effective 9-26-11)
J 23.01.010
Adopt these changes into Title 23
Legal clarity
23.40A
Repeal the Terrebonne Community
That section has been moved to the
Plan from Title 23
updated Comprehensive Plan
23.4013
Repeal the Tumalo Community
That section has been moved to the
Plan from Title 23
updated Comprehensive Plan
23.40.065
Repeal the Deschutes Junction
That has been moved to the updated'
policies from Title 23
Comprehensive Plan
K
Staff Memo and Findings
PAGE 2 of 2 - EXHIBIT "K" TO ORDINANCE 2011-027