2021-280-Resolution No. 2021-051 Recorded 6/30/2021 REVIEWED Recorded in Deschutes County CJ2021-280
Nancy Blankenship, County Clerk
Commissioners'.journal 06/30/2021 3:14:41 PM
LEGAL COUNSEL ��Tss c liii III I IIII IIII IIII I III I II III
2021-280
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.2021-051
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 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
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,
2021 or unless otherwise rescinded.
PAGE 1 of 2—RESOLUTION NO.2021-051
Section 3. The restrictions imposed by these Public Use Restrictions are listed on Exhibit 1, attached to this
Resolution and incorporated herein.
Section 4. Violations of these Public Use Restrictions imposed by this Resolution shall be prosecuted as civil
matters,as permitted by law, and may subject violators to civil damages and/or injunctive process.
Section 5. Any members of the public who are in violation of these Public Use Restrictions while present on
county owned lands are deemed to be trespassing and are subject to criminal prosecution, as permitted by law.
BOARD OF COUNTY COMMISSIONERS
Dated this `2'of ,20 21 a[442019 .--
ANTHONY DEBONE, CHAIR
PHILIP C NG, VIC -CHAIR
PA I A AIR, COMMISSIONER
ATTEST:
Recording Secretary
PAGE 2 OF 2—RESOLUTION NO.2021-051
EXHIBIT 1
DESCHUTES COUNTY
Public Use Restrictions
Enacting Authority: Deschutes County Resolution No. 2021-051
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 protected 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.
Note: ORS 476.715 prohibits throwing away any lighted tobacco, cigars,
cigarettes, matches or other lighted material, on any forestland, private road,
public highway or railroad right of way within this state.
• 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 1/2 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 21/2 pound or larger fire
Exhibit 1 [Res.2021-051] Page 1
extinguisher, except all-terrain vehicles and motorcycles which must be equipped
with an approved spark arrestor in good working condition.
• 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, 2021, 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://maps.deschutes.orq/custom/basic/PublicUseRestrictions.html .
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.2021-051] Page 2
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-< Deschutes County Board of Commissioners
1. 1%/' 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 June 28, 2021
DATE: June 24, 2021
FROM: Ed Keith, Natural Resources - Forestry, 541-322-7117
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2021-051, Declaring a State of
Emergency and Imposing Public Use Restrictions on All Unprotected Wildlands Within
Unincorporated Deschutes County
BACKGROUND AND POLICY IMPLICATIONS:
Each year since 2014 the Board of Commissioners has enacted public use restrictions to prevent
human caused wildland fires for unincorporated lands within the County that are unprotected in
addition to all Deschutes County owned lands. Resolution 2021-051 enacts those regulations until
October 15, 2021 or until rescinded by the Board. The regulations are the same as those enacted for
private lands within Deschutes County protected by the Oregon Department of Forestry, which went
into effect on June 24, 2021.
ATTENDANCE: Ed Keith, County Forester