2020-221-Resolution No. 2020-043 Recorded 7/8/2020REVIEWED
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LEGAL COUNSEL
Recorded in Deschutes County
Nancy Blankenship, County Clerk CJ2020-221
Commissioners, Journal 07/08/2020 4:19:30 PM
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring a State of Emergency and
Imposing Public Use Restrictions on all * RESOLUTION NO.2020-043
Unprotected Wildlands within unincorporated
Deschutes County, and all Lands owned by
Deschutes County
WHEREAS, ORS 401.309 authorizes the county governing body to declare a state of emergency within
the county; and
WHEREAS, wildland fires endanger the health and safety of the county's population, jeopardize its
economic vitality and imperil the quality of the environment; and
WHEREAS, the Deschutes County Emergency Operations Plan (EOP) provides in part that a state of
emergency exists whenever the unincorporated area of the county is in imminent danger of suffering an event
that may cause injury or death to persons, or damage to or destruction of property to the extent that
extraordinary measures must be taken to protect the public health, safety, and welfare; and
WHEREAS, current weather patterns (forecasted into October) create conditions that greatly increase
the threat and likelihood of high intensity wildland fires, including wildland-urban interface wildfires; and
WHEREAS, the definition of wildland fire is an unplanned, unwanted wildland fire including
unauthorized human -caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all
other wildland fires where the objective is to put the fire out, and
WHEREAS, the Deschutes County Emergency Operations Plan and the Deschutes County Natural
Hazards Mitigation Plan encourage mitigation and prevention measures, including ignition prevention and large,
catastrophic fire prevention; and
WHEREAS, Deschutes County seeks to implement a course of action that will reduce the risk of
wildland fires within the unincorporated area of the county, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. Pursuant to ORS 401.309 and the Deschutes County EOP, a State of Emergency is presently
declared within the unincorporated areas of Deschutes County.
Section 2. Effective upon signing of this Resolution, a Public Use Restriction on all unprotected
wildlands within unincorporated Deschutes County, and all lands owned by Deschutes County, is in effect
through October 15, 2020 or unless otherwise rescinded.
Section 3. The restrictions imposed by these Public Use Restrictions are listed on Exhibit 1, attached to
this Resolution and incorporated herein.
PAGE 1 of 2 — RESOLUTION NO.2020-043
Section 4. Violations of these Public Use Restrictions imposed by this Resolution shall be prosecuted as
a civil matters, as permitted by law, and may subject violators to civil damages and/or injunctive process.
Section 5. Any members of the public
present on county owned lands are deemed tc
permitted by law.
Dated this of , 20
OFFICIAL STAMP
r SAMANTHA NICOLE PEPPER
,I NOTARY PUBLIC-OREGON
COMMISSION NO, 982927
MY COMMISSION EXPIRES JANUARY 28, 2023
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ATTEST: `
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Recordin§,Secretary
PAGE 2 OF 2 — RESOLUTION NO.2020-043
who are in violation of these Public Use Restrictions while
be trespassing and are subject to criminal prosecution, as
BOARD OF COUNTY COMMISSIONERS
PATTI ADAIR, CHAIR
ANTHONY DEBO V;V CE-CHAIR
PHILIP G. HENDERSON, COMMISSIONER
EXHIBIT 1
DESCHUTES COUNTY
Public Use Restrictions
Enacting Authority: Deschutes County Resolution No. 2020-043
Applicability of Public Use Restrictions: All unprotected wildlands within
unincorporated Deschutes County, and all lands owned by Deschutes
County. Unprotected lands are defined as non-federal lands outside of
Rural Fire Protection Districts, and outside of lands covered by the Oregon
Department of Forestry.
It is unlawful to be in violation of the following restrictions:
• Smoking is prohibited while traveling, except in vehicles on improved roads.
• Open fires are prohibited, including campfires, charcoal fires, cooking fires and
warming fires, except in designated areas. Portable cooking stoves using
liquefied or bottled fuels are allowed.
• Chainsaw use is prohibited, between the hours of 1:00 p.m. and 8:00 p.m.
Chainsaw use is permitted at all other hours, if the following firefighting
equipment is present with each operating saw: one axe, one shovel, and one 8
ounce or larger fire extinguisher. In addition, a fire watch is required at least one
hour following the use of each saw.
• Cutting, grinding and welding of metal is prohibited between the hours of 1:00
p.m. and 8:00 p.m. At all other times the area is to be cleared of flammable
vegetation and the following fire equipment is required: one axe, one shovel, and
one 2'/z pound or larger fire extinguisher in good working order.
• Use of motor vehicles, including motorcycles and all -terrain vehicles, is
prohibited, except on improved roads and except for vehicle use by a landowner
and employees of the landowner upon their own land while conducting activities
associated with their livelihood.
• Possession of the following firefighting equipment is required while traveling in a
motorized vehicle, except on federal and state highways, county roads and
driveways: one shovel and one gallon of water or one 2Y2 pound or larger fire
extinguisher, except all -terrain vehicles and motorcycles which must be equipped
with an approved spark arrestor in good working condition.
Exhibit 1 [Res. 2020-043] Page 1
• Mowing of dried grass with power driven equipment is prohibited, between the
hours of 1:00 p.m. and 8:00 p.m., except for the commercial culture and harvest
of agricultural crops.
• Use of fireworks is prohibited.
• The release of sky lanterns is prohibited.
• The discharging of exploding targets or tracer ammunition is prohibited.
• Blasting is prohibited.
• Any electric fence controller in use shall be: 1) Listed by a nationally recognized
testing laboratory or be certified by the Department of Consumer and Business
Services; and 2) Operated in compliance with manufacturer's instructions.
The County Forester or an authorized representative may, in writing, approve a
modification or waiver of these requirements.
These restrictions shall remain in effect through October 15, 2020, unless earlier
replaced, suspended, or terminated by an additional Resolution of the Deschutes
County Board of County Commissioners.
Maps of the subject area(s) may be viewed at the County Forester's Office, 61150 SE
27th Street, Bend, Oregon 97702 or at
https:Hmaps.deschutes.org/custom/basic/PublicUseRestrictions.htmi .
Information and maps of regulated closures for the Oregon Department of Forestry can
be found at the following website:
http://www.oregon.gov/ODF/Fire/Pages/Restrictions.aspx
Information and maps of public use restrictions on Deschutes National Forest can be
found at the following website: http://www.fs.usda.gov/centraloregon
Definitions of words or phrases used in this Exhibit may be found in ORS 477.001, OAR
629-041-0005.
Exhibit 1 [Res. 2020-043] Page 2
E S CpGZ
o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of July 6, 2020
DATE: June 30, 2020
FROM: Ed Keith, Natural Resources - Forestry, 541-322-7117
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2020-043, Public Use Fire Restrictions
- County Owned and Unprotected Lands - 2020
RECOMMENDATION & ACTION REQUESTED:
Move approval of Resolution 2020-043, Declaring a State of Emergency and Imposing
Public Use Restrictions on all Unprotected Wildlands within unincorporated Deschutes
County, and all Lands owned by Deschutes County
BACKGROUND AND POLICY IMPLICATIONS:
Beginning is 2014 the Board of Commissioners has adopted a resolution enacting public use
restrictions to prevent wildland fires on unprotected lands and lands owned by Deschutes
County. These restrictions mirror restrictions enacted by the Oregon Department of Forestry
for lands within their protection district.
FISCAL IMPLICATIONS: None
ATTENDANCE: Ed Keith, County Forester