2021-302-Minutes for Meeting June 28,2021 Recorded 7/13/2021� E S COG
A BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
1:00 PM
Recorded in Deschutes County CJ2021-302
Nancy Blankenship, County Clerk
Commissioners' Journal 07/13/2021 2:09:09 PM
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a
2021-302
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
MONDAY June 28, 2021
Barnes Sawyer (dooms
Live Streamed Video
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom
Anderson, County Administrator; David Doyle, County Counsel; and Sharon Keith, QOCC Executive
Assistant (via Zoom conference call). Attendance was limited in response to Governor's Virus orders.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal vvebsite http://deschutescountyor.igm2.com/Citizens/Defaulth.aspx
CALL TO ORDER: Chair DeBone called the meeting to order at 1:00 p.m.
PLEDGE OF ALLEGIANCE
ACTION ITEMS:
1. 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
County Forester Ed Keith (via Zoom conference call) presented the Board
Resolution for consideration to align with the Oregon Department of Forestry
regulations regarding protected private lands within Deschutes County that
BOCC MEETING JUNE 28, 2021 PAGE 1 OF 6
went into effect on June 24, 2021. The Resolution does allow the granting of
waivers for necessary work to proceed by a private land owner.
Commissioner Chang inquired on the notification process and ensuring
compliance. Press releases are posted throughout the media outlets. Mr.
Keith reported that the Resolution was first written and enacted in 2014, and
has been seasonally renewed each year since. The primary goal is to educate
and obtain voluntary compliance however the Resolution does provide for
civil enforcement if necessary. Commissioner DeBone noted the importance
of the fire restrictions in the unprotected lands. Commissioner Adair noted
the importance of keeping a shovel, water, and fire extinguisher in your
vehicle and inquired as to the largest causing factor for fire starts. Mr. Keith
reported the majority of fires in the County are human caused.
ADAIR: Move adoption of Resolution No. 2021-051
CHANG: Second
Discussion: Commissioner Chang commented on smoking restriction and
wonders whether the language should also state not to flick cigarette ashes
out the car window ever and not just during the fire season. The language of
the Resolution comes from the Oregon Department of Forestry regulations.
Commissioner DeBone would also support the language revision in the
Resolution Exhibit.
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
OTHER ITEM: County Administration Anderson presented a draft Order
declaring a local emergency as a result of extreme weather conditions and
high fire danger and placing a legal and illegal fireworks ban. Mr. Anderson
explained the local concern is to allow time for fire responders to focus their
time on heat related medical and fire emergencies not fire emergencies
caused by fireworks. Commissioner DeBone noted the Mayor of Bend has
notified him that the City of Bend just today adopted an Order prohibiting
private fireworks. Commissioner Adair noted the City of Sisters also has a
permanent ban of fireworks and our cities have recognized the seriousness
of fire and observed that not everyone employs common sense and in those
instances, the government has to intervene. Commissioners DeBone is
BOCC MEETING JUNE 28, 2021 PAGE 2 OF 6
hesitant to support as the people that are going to use illegal fireworks will
likely continue to use them despite local bans. Commissioner Chang
commented that his son likes fireworks and they have fun as a family.
Commissioner Chang spoke about personal responsibility and at this time is
not supportive of a ban. Sheriff Shane Nelson commented (via Zoom
conference call) that historically the issues have always been due to illegal
fireworks. Commissioner Adair stressed the importance of having a large
amount of water on hand to be as safe as possible. Commissioner DeBone
stated that Resolution No. 2021-051 regarding fire hazards on unprotected
lands (passed earlier during the meeting) includes fireworks restrictions on
unprotected lands and County owned lands. Commissioner DeBone does
acknowledge the extreme weather and reminders of safety to enjoy the 4t" of
July weekend. Commissioner Chang would be comfortable not proceeding
with the Order if there are extra communications announcing education on
safety around the use of fireworks. Sheriff Nelson offered extra public
education through the public information officer. Commissioner DeBone
supports extra education on safety protocols.
2. Intent to Award Contract in Response to the RFP for the DOC Clinic and
Pharmacy Services
Deputy County Administrator Erik Kropp and HR Analyst Trygve Bolken
presented the Intent to Award contract covering clinic, wellness, and
pharmacy services for Deschutes County employees. Mr. Kropp noted an
error on the letter of Intent to Award needing correction. Mr. Bolken noted
there were seven bids received for various services. A selection committee
was formed to review the bids. Staff recommend the selection of Premise
Health as the vendor for both clinic and pharmacy services. Premise Health
is the current vendor for our pharmacy services.
CHANG: Move approval of Chair's signature
ADAIR: Second
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried
BQCC MEETING JUNIE 28, 2021 PAGE 3 OF 6
3. Consideration of Board Signature of Resolution No. 2021-049, Amending
Resolution No. 2001-038 to Establish Sold Waste Disposal Fee Waiver
Amounts for the 2021-2022 Fiscal Year
Interim Solid Waste Director Chad Centola presented the Resolution via
Zoom conference call. The proposal amends the list of fee waivers. Exhibit A
of the Resolution includes a list of organizations to receive solid waste
disposal fee waivers for the fiscal year 2021-2022.
ADAIR: Move approval of Resolution No. 2021-049
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
4. Annual Work Plan Discussion - Natural Resource Stewardship Position
Associate Planner Kyle Collins reported on community member request to
include in the Community Development Annual Work Plan consideration of a
position to address issues related to natural resources and conservation
easements relative to land use. Reviewing potential job responsibilities, Mr.
Collins commented if a position was to be implemented the position may be
housed in either Natural Resources Department, Property Management, or
Community Development Department.
Commissioner Chang expressed support of public outreach and the ability to
invest funds in local agencies. Senior Planner Will Groves reported on the
process of conservation easements. Mr. Groves noted examples of land use
items that come to the department requesting professional services.
Commissioner Adair expressed concern that the document provided to the
Commissioners has an estimated number of County properties that range
from 700 to 800 but we do not have a specific number available. Mr. Groves
BOCC MEETING JUNE 28, 2021 PAGE 4 OF 6
commented on the importance of education and public outreach.
Commissioner Adair agrees that education is critical.
Commissioner Chang doesn't support the presented Option 3 of Property
Management but is interested in Option 2 of Community Development
Department and land development. Commissioner DeBone feels fire is well
dialed in and well managed and wonders as to the needs of environmental
stewardship and land use opportunities. He is generally not interested in
creating an in-house position.
This discussion topic will be presented to the Planning Commission. The
Board requested a report on the Planning Commission feedback.
Commissioner Chang requested a map of conservation easements within
Deschutes County. County Forester Ed Keith was available via Zoom
conference call for any questions the Commissioners had related to natural
resources. Commissioner Chang suggested Mr. Keith could facilitate
conversations with agencies if his department had capacity.
5. Research Paper on State Laws and Rules on Rural Economic
Development Opportunities
Senior Transportation Planner Peter Russell presented the item for
discussion and explained the economic development process in rural
Deschutes County. Senior Planner Will Groves commented on neighbor
impacts of rural economic development. Community Development
Department Director Nick Lelack reported on the staff involvement in the
land use and development processes.
OTHER ITEMS:
• Commissioner Chang reported on the recent emergency homeless task force
and shared a printout for a practical guide for homeless encampments.
Commissioner Chang spoke on a heat related death at the homeless camp
on Hunnell Road and the need to address managed camps.
BOCC MEETING DUNE 28, 2021 PAGE 5 OF 6
EXECUTIVE SESSION:
At the time of 3:54 p.m., the Board went into Executive Session under ORS 192.660
(2) (d) Labor Negotiations. The Board came out of Executive Session at 4:30 p.m.
At the time of 4:30 p.m., the Board went into Executive Session under ORS 192.660
(2) (e) Real Property Negotiations. The Board came out of Executive Session at 4:41
p.m.
At the time of 4:41 p.m., the Board went into Executive Session under ORS 192.660
(2) (a) Consideration of Employment. The Board came out of Executive Session at
5:04 p.m.
ADJOURN
RI
Being no further items to come before the Board, the meeting vvas adjourned at 5:04 p.m.
DA 1 LD this Day of _ 2021 for the Deschutes County Board of
Commissioners.
ANTHONY Y Ei OI E, CHAIN
ATTEST.
4 V / \
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RECORDING SECRETARY
fIL. CLANG, VICE GLAIR.
P
ATTI AMR, COMMISSMNER
BOCC MEETING JUNE 28, 2021 PAGE 6 OF 6
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:00 PM, M O N DAY, J U N E 28, 2021
Live Streamed Video - 1300 NW Wall Street - - Bend
This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit
www.deschutes.or /g meetings.
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Item start times are estimated and subject to change without notice.
CALL TO ORDER
MEETING FORMAT
In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order
20-16 (later enacted as part of HB 4212) directing government entities to utilize virtual meetings whenever
possible and to take necessary measures to facilitate public participation in these virtual meetings.
Since May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners have been
conducted primarily in a virtual format. Attendance/Participation options include:
Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the
Public Meeting Portal at www.deschutes.org/meetings.
In Person Attendance: Limited due to Virus restrictions. Please contact Sharon Keith at
sharon.keith(@deschutes.org prior to the meeting to request in person attendance.
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any
meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to:
citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before
the start of the meeting will be included in the meeting record.
Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for
consideration or who are planning to testify in a scheduled public hearing may participate via Zoom
meeting. The Zoom meeting id and password will be included in either the public hearing materials or
Board of Commissioners BOCC Meeting Agenda Monday, June 28, 2021 Pagel of 3
through a meeting invite once your agenda item has been included on the agenda. Upon entering the
Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to
present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are
providing testimony during a hearing, you will be placed in the waiting room until the time of testimony,
staff will announce your name and unmute your connection to be invited for testimony. Detailed
instructions will be included in the public hearing materials and will be announced at the outset of the
public hearing.
PLEDGE OF ALLEGIANCE
ACTION ITEMS
1:00 PM 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 - Ed Keith, Forester
2. 1:15 PM Intent to Award Contract in Response to the RFP for DOC Clinic and
Pharmacy Services - Trygve Bolken, Human Resources Analyst
3. 1:45 PM Consideration of Board Signature of Resolution No. 2021-049,
Amending Resolution No. 2001-038 to Establish Solid Waste Disposal
Fee Waiver Amounts for the 2021-2022 Fiscal Year - Chad Centola,
4. 2:00 PM Annual Work Plan Discussion- Natural Resource Stewardship Position -
Kyle Collins, Associate Planner
5. 2:30 PM Research Paper on State Laws and Rules on Rural Economic
Development Opportunities - Peter Russell, Senior Planner
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories.
Board of Commissioners BOCC Meeting Agenda Monday, June 28, 2021 Page 2 of 3
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
Executive Session under ORS 192.660 (2) (d) Labor Negotiations
Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
ADJOURN
Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
Meeting dates and times are subject to change. If you have questions, please call (541) 388-6572.
Board of Commissioners BOCC Meeting Agenda Monday, June 28, 2021 Page 3 of 3
`C E S COG
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 June 28, 2021
DATE: June 16, 2021
FROM: Kyle Collins, Community Development, 541-383-4427
TITLE OF AGENDA ITEM:
Annual Work Plan Discussion- Natural Resource Stewardship Position
Staff is updating the Board of County Commissioners (Board) regarding an item included in the
2020-2021 Annual Work Plan to discuss the potential adoption of a new natural resource
stewardship position to County staff or provide additional services that facilitate natural resource
stewardship.
ATTENDANCE: CDD Planner Kyle Collins
County Forester Ed Keith and Property Manager Kristie Bollinger invited for participation
in discussion.
STAFF REPORT
TO: Board of County Commissioners, County Administration
FROM: Nick Lelack, AICP, Director
Peter Gutowsky, AICP, Planning Manager
Kyle Collins, Associate Planner
DATE: June 23, 2021
RE: Discussion - Natural Resource Stewardship Position
Staff is updating the Board of County Commissioners (Board) regarding an item included in the
2020-2021 Annual Work Plan to discuss the potential adoption of a new natural resource
stewardship position to County staff or provide additional services that facilitate natural resource
stewardship. The topic of natural resource stewardship is increasingly important to community
members within our region, particularly in light of population projections from the Portland State
University - Oregon Population Forecast Program that estimates Deschutes County will house over
235,000 people by 2030 and over 330,000 people by 2050.
Deschutes County Population Forecast
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The projected increase in population and accompanying increases in residential, commercial, and
recreational development is likely to create significant impacts on the natural resources in the
region. Natural resources in Deschutes County represent a significant asset to the local economy
and quality of life for residents and visitors alike. As a general concept, natural resources cover a
significant range of possible topics including agriculture, forestry, wildlife, natural hazards,
recreation, open space/scenic views, and water supplies.
As just one example of a pressing natural resource issue, Deschutes County, along with nearly every
jurisdiction in the Western United States, faces increasing risk from wildfire'. Proper stewardship of
our forests and natural environments can serve as a critical component to preventing or mitigating
catastrophic wildfire damage or allow for effective restoration of wildfire -affected lands.
This Annual Work Plan item was included at the request of several Deschutes County citizens, who
specifically outlined that this position should undertake a variety of tasks, including:
Inventory assets, land uses, trails, wildlife, and rare Oregon plants on County -owned lands
• Oversee conservation easements which include Deschutes County as a signatory
• Oversee conditions of approval from various land use decisions that require natural
resource stewardship (e.g. - fill/removal projects in designated wetland areas, Visible
Landscape Management Reviews, etc.)
However, as noted above the topic of natural resource stewardship covers a wide variety of possible
issues and work areas within Deschutes County. Nearly every County department interacts with
natural resource issues either directly or indirectly. The County's current natural resource
stewardship efforts include wildfire mitigation projects on private and public lands, land use review
for projects that may affect sensitive wildlife or landscapes, and technical assistance for citizens
looking to improve or restore natural resources on private properties.
This report is intended to give the broadest possible interpretation of what "natural resource
stewardship" could entail to provide an initial assessment of what options are available when
considering the adoption of a new position or the assignment of new duties to existing staff.
To provide a framework for discussion, staff has undertaken a series of interviews to gather
information on what a natural resource stewardship position could potentially involve. These
interviews focused on current County staff that directly address natural resource issues, as well as
other agency professionals and volunteers that work in natural resource management within the
larger region. Those interviews consisted of the following:
• Ed Keith, Deschutes County Forester
• Kristie Bollinger, Deschutes County Property Manager
1 https://www.fs.usda.gov/treesearch/pubs/46580
Page 2 of 16
Deschutes Soil and Water Conservation District staff and Board of Directors
Tim Deboodt, Crook County Natural Resources Manager
Sean Curtis, Modoc County Director of Natural Resources
In addition to interviews, staff undertook research on a number of recent positions and committees
for local governments throughout the country that specifically outline natural resource stewardship
in one capacity or another. Those positions and committees are as follows:
• Natural Resource Advisory Committee, Wallowa County2
• Sustainability Coordinator, Benton County3
• Natural Resources Specialist - Climate & Energy, Broward County'
• Sustainability & Natural Resources Manager, Naples, FL5
• Natural Resources and Agriculture Specialist, Arapahoe County6
• Natural Resources Technician, Aurora, CO'
• Natural Resource Development Manager, Fairbanks North Star Borough'
• Property and Environmental Services Director, Oregon Metro'
• Planner - Natural Resources, Reno -Sparks Indian Colony10
Staff has summarized general conclusions and possible options collected from this research in the
following sections.
The following section outlines some of the major themes and decisions the County should consider
when determining the goals and needs of a new natural resource stewardship staff member or the
assignment of additional duties.
Departmental Structure
Should the County wish to move forward with incorporating a new position, it will need to determine
where that position is located in the County's organizational structure. Ultimately, which
department houses a new position is likely to determine the types of duties undertaken by staff.
Based.on discussions with the Deschutes County Forester, Ed Keith, Property Manager, Kristie
Bollinger, and Community Development Department staff members, there are three main options
for existing departments that might host a natural resource stewardship position moving forward:
1) Natural Resources Department
2) Community Development Department
2 https://co.waIIowa.or.us/community-development/natural-resource-advisory-committee/
3 https://www.co.benton.or.us/sustainability/page/sustainability-program
4 https://www.broward.org/NaturalResources/Pages/Default.aspx
5 https•//www naplesgov com/naturalresources/page/environmental-management
6 https://www.arapahoegov.com/openspaces
https://*obs.au roragov.org/natural-resources-tech nician/iob/16605527
8 https://www.fnsb.gov/214/Land-Management
9 https://www.oregonmetro.gov/
io https://www.rsic.org/rsic-services/planning/
Page 3 of 16
3) Property Management Department
Each of these locations has advantages and disadvantages depending on the specific goals and
objectives for the position. The table below provides a general description of each department's
current duties and a summary of the benefits and drawbacks by housing a new position in each
department. This list is not intended to be comprehensive, but simply to allow for an initial look at
establishing an organizational structure for a natural resource stewardship position. The County
may ultimately decide to establish a position in another department not listed here, or simply
embed natural resource stewardship practices across all departments more broadly.
Page 4 of 16
Options I Department Description Pros I Cons
Option 1:
Natural
Resources
Department
The Natural Resources
Department primarily
offers educational and
technical assistance
support to private
property owners in the
community to help
mitigate risk associated
with wildfires. There are
currently two staff
members in the
department: Ed Keith,
County Forester and
Boone Zimmerlee, Fire
Adapted Communities
Coordinator.
The County Forester also
assists the Property
Management Department
with fuel treatments and
other management
projects on County -owned
property.
Beyond wildfire mitigation
and noxious weed control
efforts, the Natural
Resources Department
does not currently
undertake significant
additional efforts that
constitute natural
resource stewardship.
Staff also notes that in the
near future, the noxious
weed control program will
be shifted to the Code
Enforcement Division
within the Community
Development Department.
Currently, the Natural
Resources Department
relies on a citizen
education and technical
assistance model. The
department assists
landowners attempting
to reduce their
underlying risk from
wildfires in the rural
County through fuel
treatment support,
community hazard
certification, and
development site
evaluations.
Given the variety of
possible programs that
might be undertaken by
a natural resource
stewardship position, it
may be appropriate to
expand this department
and provide additional
education and technical
guidance for private
property owners on any
projects that have a
direct effect on natural
resources (e.g. -
wetlands, flood plains,
agricultural lands, etc.)
Additionally, a position
in this department is
well suited for
coordination between
other County
departments when
natural resources are
directly influenced by a
particular work project.
The primary regulatory
authority currently
undertaken by the
Natural Resources
Department is the
maintenance of
nuisance properties
identified by
Deschutes County
Code section 8.21. The
Deschutes County
Forester may advise an
owner or occupant to
take proper steps to
correct property
conditions that
endanger life, forest
resources, or property.
If a property owner
refuses compliance,
the County Forester
may issue citations
and fines until such a
time that the nuisance
is abated.
Should the natural
resource stewardship
position serve in a
more regulatory role
by guiding existing or
new policies related to
natural resource
management, it may
be better suited to
another department
which handles
regulatory issues and
compliance on a more
standard basis.
Page 5 of 16
Option 2:
Community
Development
Department
The Community
Development Department
undertakes a variety of
regulatory and non -
regulatory activities to
facilitate orderly growth
and development in the
County through
coordinated programs of
Land Use Planning,
Environmental Soils,
Building Safety, Code
Enforcement, Education,
and Administrative
Service.
The department currently
manages numerous
activities that constitute
natural resource
stewardship, including
development review for
projects that may impact
wetlands, flood plains,
scenic waterways, wildfire
hazard zones, and
sensitive wildlife. The
department oversees land
use and building
regulations from both the
state and local levels,
many of which are
expressly designated to
offset development
pressures on natural
resources such as farm
and forestlands.
The department has
ongoing experience in
dealing with regulatory
standards by outlining
land uses, building
codes, and wastewater
disposal requirements
across the region.
Additionally, staff
members regularly
coordinate with state
and federal agencies
(such as the Oregon
Department of State
Lands) when existing
laws require multi -
agency review. The
department also
contains a dedicated
compliance division
when property owners
fail to adhere to any
code requirements.
The department is well
suited to continue
review of code
requirements related to
natural resource
management,
particularly in instances
where development
and natural resources
overlap. A position in
this department can
also help property
owners navigate
complex regulations
that directly affect
natural resources,
including coordination
with various local, state,
and federal agencies.
As the department
deals primarily in code
administration and
development review, it
may be less well suited
to education and
outreach efforts. While
the department does
facilitate certain
education and public
outreach initiatives,
many of these are tied
directly to existing or
proposed regulatory
requirements rather
than general
information for private
property owners.
Additionally, the
department rarely
helps oversee
maintenance or
stewardship of County -
owned properties and
thus a position in this
area would likely be
focused on private
citizens wishing to
undertake physical
development.
Page 6 of 16
Option 3:
Property
Management
Department
The Property Management
Department is responsible
for management and
disposal of real property
owned or leased by the
County. The department
also provides assistance in
right-of-way acquisition
and other specialized
services to various County
departments.
The department currently
has two staff members,
including Property
Manager Kristie Bollinger,
to coordinate all relevant
property management
activities. The department
has certain duties that
currently fall in the realm
of natural resource
stewardship. Specifically,
the department
coordinates with the
County Forester for
ongoing maintenance of
County -owned properties
which may present
wildfire risk and other
public nuisance impacts.
Additionally, the
department occasionally
coordinates with state
agencies such as the
Oregon Department of
State Lands to inventory
and maintain properties
with sensitive natural
resources such as
jurisdictional wetlands or
other aquatic habitats.
There is a significant
need to establish a
comprehensive
inventory of County -
owned properties,
particularly those with
natural resources that
warrant additional
maintenance
obligations. The County
currently has between
700 and 800 properties
in its management
portfolio, many of
which have not been
evaluated for sensitive
natural resource
characteristics. Placing
a dedicated natural
resource stewardship
position in this
department would
allow for an efficient
inventory process of
County -owned parcels,
while also more
thoroughly evaluating
natural resources on
properties that are
appropriate for auction,
and properties that may
be more appropriate
for long-term County
ownership and
management.
As the department is
entirely dedicated to
the management of
County -owned
properties, there is
likely very little
opportunity to
evaluate natural
resource issues
outside of those
specific properties. A
position in this
department may still
allow for a public
education and
technical assistance
presence for private
property owners to
engage about issues
regarding natural
resources, but this is
likely to be more
limited compared to a
position in either the
Natural Resources or
Community
Development
Departments.
Page 7 of 16
Duties and Responsibilities
Along with the departmental structures outlined above, the County will need to identify specific
natural resource stewardship duties undertaken by staff. As discussed above, the specific duties of
a new position are likely to be guided by that staff member's location within existing County
departments. Consequently, each of these topics should be considered in tandem.
Given the extremely diverse nature of natural resources in Deschutes County and the wide range
of possible management objectives, it is unlikely that a single position could effectively cover all
possible stewardship issues confronting the region. In order to manage expectations, staff has
narrowed potential duties into three general categories:
1) Development Review and Compliance
2) Property Maintenance and Restoration
3) Public Agency Natural Resource Liaison
These categories are based on primary themes outlined by interview participants, as well as a
summary of the listed duties from the researched jobs and committees referenced previously.
These categories may have overlapping components and no specific set of duties is likely to be
perfectly contained in any one department. However, given the limited time and capacity that a
single natural resource stewardship position is likely to entail, these groups provide a pragmatic
breakdown of where efforts may be directed. Furthermore, some of the categories largely align with
the original Work Plan citizen proposal, but other categories will introduce differing duties that the
County may wish to explore as potential options.
Finally, if the stewardship position will have any significant contact with private citizens and property
owners, staff duties are likely to fall into two main approaches:
1) Regulatory and Oversight
2) Non -Regulatory Outreach, Education, and Technical Assistance
The position may hold an overlap of these two approaches, but energy directed to one approach is
likely to decrease capacity of the other, and vice -versa. As an example, the Community Development
Department utilizes public outreach and citizen education to outline best practices for new
development where appropriate and feasible, but a majority of staff time and resources is devoted
to review of specific development proposals and their alignment with existing regulatory obligations
such as land use codes, building safety codes, and environmental soils guidelines.
The tables below provide a general description of the staff duties described above, an appropriate
department location, and a description of whether the specific duties are likely to fall more broadly
into a regulatory framework or an education and outreach framework.
Page 8 of 16
Option
Potential Duties
Potential
Departments
Regulatory or
Educational
Support review of development proposals that
are likely to have a specific impact on natural
resources, including and outside the standard
land use and building safety requirements.
Those proposals may include:
• Development in mapped wetlands,
flood plains, or high groundwater areas
• Development in designated wildlife
habitat areas (e.g. - Wildlife Area
Combining Zones, Sage Grouse Habitat
Areas, etc.)
• Development in designated wildfire
hazard areas
• Development adjacent to designated
Landscape Management features and
Option 1:
Oregon Scenic Waterways
Community,
Regulatory,
y
• Development in state -designated
Development
Occasional
Development
resource zones (e.g. - farm and forest
Department,
Education
Review and
zones)
Natural
Compliance
in addition to preliminary development review
Resources
alongside Planning or Building Safety staff,
Department
duties may include site visits and reporting to
ensure that existing County requirements
related to natural resources are maintained
overtime. Some examples include:
• Review of conservation easements
which include the County as a signatory
• Review of conditions of approval from
various land use decisions to ensure
ongoing compliance (e.g. - vegetation
screening for visible Landscape
Management approvals, defensible
space requirements for Forest Zone
developments, etc.)
• Review of compliance operations like
landscape/habitat restoration
instituted by Code Enforcement staff to
ensure appropriate actions have been
undertaken
Page 9 of 16
Option 1 outlined above has the greatest alignment with the original citizen proposal included in
the Annual Work Plan. The duties described would assist existing divisions in the Community
Development Department, such as Code Enforcement and Planning, to ensure that private property
owners appropriately follow relevant codes governing natural resources. At present, Deschutes
County's development codes contain numerous regulations to counter negative natural resource
impacts arising from development. However, in certain instances County staff are reliant on third
party experts to validate compliance with underlying code requirements. As one example, some
developments that occur in the Wildlife Area Combining Zone require the production of a Wildlife
Management Plan or similar documentation" to demonstrate how the development will minimize
impacts to various wildlife species onsite. Community Development Department staff are
occasionally unable to evaluate or interpret the findings in a given management plan due to a lack
of formal training and expertise on topics related to wildlife biology or environmental science. An
"in-house" staff member with professional and educational experience in these areas would allow
for a more robust review of development proposals and management obligations.
As a secondary issue, the County minimizes impacts to natural resources from certain development
projects by establishing ongoing conditions of approval that are adhered to in perpetuity. As an
example, developments which occur adjacent to designated Landscape Management waterways
(such as the Deschutes River) are required to sign and record conservation easements which
prohibit all development and most vegetation removal within a strip of land directly neighboring
the waterway. However, barring a specific code enforcement proceeding, County staff generally
does not have the time or resources to ensure that all conditions listed within these conservation
easements are upheld over time. Additionally, while Deschutes County is a primary signatory on
these easements, the County does not have an adequate accounting system to track these recorded
documents in a systematic way. A natural resource stewardship position could help alleviate some
of these compliance challenges, gaps in monitoring data, and help educate property owners about
ongoing regulatory obligations.
Staff notes this option may require a more proactive approach to code compliance issues and may
significantly increase the number of active compliance cases the County is required to resolve on
an annual basis. Additionally, given the substantial amount of development review undertaken by
the County that requires ongoing natural resource management, it may take significant financial
and staffing resources to undertake this particular option.
11 Reference Deschutes County Code sections 18.88.060(B)(1) and 18.128.200(B)(3)
Page 10 of 16
Option
Potential Duties
Potential
Departments
Regulatory or
Educational
Assisting Property Management staff to
inventory County -owned properties for
sensitive or significant natural resources,
such as:
• Mapped wetlands, flood plains, or
high groundwater areas
• Sensitive plant species, wildlife
habitat, or migration corridors
• Significant topographic features
• Archeological sites
• High productivity agricultural or forest
lands
In addition to general inventories on County
properties, duties can include assisting in the
Option 2:
creation of a prioritization list for restoration
Property
Education,
or maintenance duties on properties with
Management
Semi -
Property
significant natural resources, including:
Department,
Regulatory
Maintenance
. Maintenance of properties with
Natural
and
significant noxious weeds or wildfire
Resources
Restoration
vegetation management concerns
Department
• Restoration of properties affected by
illegal dumping, trespassing, etc.
• Restoration of properties affected by
wildfires, flooding, or other natural
hazards
• Restoration of properties with
significant riparian or wetland
resources, including erosion control,
habitat enhancement, and invasive
species removal
The position can also assist in cataloguing
County properties that may be prioritized for
long-term ownership and public use, such as
County parks. The positon could further help
develop management plans for County
owned parks/natural areas to balance the
needs of natural resource conservation,
public access, and recreational opportunities.
Page 11 of 16
Option 2 outlined above has some alignment with the original citizen proposal included in the
Annual Work Plan. The duties described are primarily focused on inventory efforts, maintenance,
restoration, and development planning for County -owned properties. At present, Deschutes
County's Property Management Department has two staff members, with the majority of staff
duties focused on inventorying properties to prepare for public auctions. Staffs conversation with
the Deschutes County Property Manager, Kristie Bollinger, outlined numerous projects that are
currently deferred due to a lack of institutional capacity that could be alleviated through a new
natural resource stewardship position. Those projects include:
• An inventory tool for County properties which includes descriptions of significant natural
resources found onsite
• Creating development plans and policies for properties that may be converted into public -
access parks or open spaces
• A comprehensive restoration and maintenance project tracking tool to help identify County
lands which require active management
• A County liaison to work with state or federal partners on properties with sensitive resources
such as jurisdictional wetlands that require coordination with other agencies
A position with these duties would likely have little regulatory emphasis, such as development
review, unless the County directly undertook development projects. As such, the position would
likely interact with the public on a limited basis, primarily in those instances where management of
County property has a direct impact on surrounding private property. One exception to this relates
to the creation of management documents for certain County -owned properties. As the County
could begin managing certain parcels as public open spaces or parks, a stewardship position here
would need to coordinate with community members to develop any guiding documents and
infrastructure plans.
At present, the County manages between 700 and 800 properties in its portfolio. A majority of these
properties are discharged through a public auction process to reduce liabilities from County
ownership. A new stewardship position in this department could allow for a more thorough
assessment of the resources available on County properties and more refined discussions on the
goals for County land ownership. For example, County -owned properties encumbered by significant
jurisdictional wetlands are rarely discharged through auction given the limited private development
potential on these lands and possible impacts to aquatic habitats and resources. However,
inventories that are more thorough could identify other properties that might be desirable for long-
term public ownership due to conflicting natural resource characteristics (e.g. - significant wildfire
risk, sensitive wildlife habitat, etc.). This position could also begin to develop management plans to
transition certain County properties into parks or dedicated natural areas given the rising demand
for recreation opportunities in the region.
Finally, the County currently maintains an incomplete list of properties that require restoration or
management work, primarily to reduce wildfire risk. This inventory and associated fuel reduction
work is completed in conjunction with the County Forester. Given the limited capacity of both
Property Management staff and the County Forester, a new stewardship position could provide
additional support on these fuel reduction efforts and begin to outline other desirable restoration
projects on County lands that would benefit the community.
Page 12 of 16
Option
Potential Duties
Potential
Departments
Regulatory or
Educational
Represent County interests in land use and
develop decisions that occur on federal or
state lands. Projects worthy of consideration
may include:
Extractive projects on federal lands
Option 3:
(e.g. - timber sales, mining proposals,
etc.)
Natural
Semi -
Public
. Public recreation infrastructure
Resources
Educational
Agency
projects on federal lands such as trails,
Department
Natural
campgrounds, and access roads
Resource
. Large scale energy projects on federal
Liaison
land such as solar or wind installations
Property transfers from state or
federal land holdings to other parties
in the region, and vice -versa
• Land conservation or restoration
proposals on federal lands such as
wilderness designations, habitat
enhancement projects, and fuel
reduction projects
Option 3 outlined above does not necessarily align with the original citizen proposal included in the
Annual Work Plan. This option was evaluated after interviews with the Crook County Natural
Resource Specialist, Tim Deboodt and the Modoc County Director of Natural Resources, Sean Curtis.
Unlike Options 1 and 2, which focus primarily on the management of natural resources on private
or County -owned land, Option 3 includes a specific position to represent County interests in
management decisions undertaken on federal and state lands in the area.
Crook County hired a Natural Resource Specialist to provide comments and recommendations that
reflect the County's position on projects ranging from timber sales, wilderness designations,
campground developments, and myriad other proposals on federal land. This position and the
associated duties was ultimately informed by a similar position established in Modoc County, CA.
An adopted Natural Resource Policy document that describes the County's goals for federal lands
on a range of management objectives guides the Crook County position. The Crook County Natural
Resource Specialist ultimately serves at the discretion of the County Court. Additionally, the Crook
County Natural Resource Specialist interacts with a nine -member Natural Resource Advisory
Committee representing a variety of natural resource interests in the region including ranchers,
loggers, environmental stewardship organizations, and irrigation districts. This Advisory Committee
and ultimately the Natural Resource Specialist primarily interact with federal agencies by submitting
comments to documents created pursuant to the National Environmental Policy Act (NEPA). NEPA
requires federal agencies to evaluate the environmental, social, and economic effects of any
Page 13 of 16
proposed actions on federal lands prior to making final management decisions. Those evaluations
are included in publicly available reports and allow for comments from private citizens, local
governments, interest groups, and any interested parties.
The Crook County Natural Resource Specialist also provides a minor educational role by lending
technical expertise on natural resources to private landowners, hosting public meetings to discuss
federal land projects, and occasional school visits to discuss natural resource issues with students.
While a position with these features and duties does not capture the original citizen Work Plan
proposal, staff has included this discussion as a possible option for the County to consider when
determining the need for a natural resource stewardship position. Given that approximately 80%
of the land in Deschutes County is held in federal or state ownership, the County may wish to discuss
positions that more directly interact with larger public land management agencies. Finally, staff
points out that existing County employees already undertake certain portions of these duties. For
example, the Deschutes County Forester occasionally coordinates with the US Forest Service when
planning fuel reduction projects and wildfire mitigation efforts on surrounding federal properties.
General Concerns, Themes, and Coordination
While the options outlined by staff attempt to provide some direction for determining roles and
duties of a natural resource stewardship position, these categories are not inclusive of every
possible opportunity which may fall within the larger purview of natural resource stewardship.
Indeed, the County may wish to pursue some combination of the identified options or elect to
research other possibilities for how natural resource stewardship should be integrated into existing
County operations.
Staff notes that regardless of any result regarding a natural resource stewardship position,
interview subjects identified several overarching concerns that should guide all County goals and
decisions related to natural resources. The general themes were broken down as follows:
• The importance of water conservation, water uses, and water policy within our region. This
issue is likely to remain critically important as our population continues growing and
pressure on limited water supplies increases.
• The importance of climate change impacts and mitigation actions, particularly as they relate
to population growth, water resources, and wildfire.
• The importance of explicitly defining "natural resource stewardship" and using that definition
to guide policies and duties for all Deschutes County employees.
Additionally, staff notes that interview subjects identified several groups and agencies as critical
partners that any new natural resource position should be equipped to engage. As natural
resources often extend across jurisdictional boundaries and regions, the County should recognize
that stewardship of those resources would involve significant coordination with a long list of
external partners including:
Page 14 of 16
• Oregon Department of Land Conservation and Development
• Oregon Department of Agriculture
• Oregon Department of Forestry
• Oregon Department of Fish and Wildlife
• Oregon Department of State Lands
• Oregon State Parks
• Deschutes Soil and Water Conservation District
• Regional Irrigation Districts
• US Army Corps of Engineers
• US Fish and Wildlife
• National Forest Service
• Bureau of Land Management
• Federal Emergency Management Agency
This list is not intended to be comprehensive, but it does provide an overview of the numerous local,
state, and federal organizations that will necessitate coordination efforts. As just one example,
members of the Deschutes Soil and Water Conservation District (DSWCD) suggested that DSWCD
may be willing to coordinate with the County on obtaining grants and other funding opportunities
for site -specific natural resource management and restoration projects on private lands in the
region.
Finally, certain duties are likely to arise regardless of where a new position might be located in the
County organization. These particular responsibilities are crucial for navigating complex issues
related to natural resources and assuring that the County is able to seize opportunities for project
support when available:
Determining operating and capital budgets and directing the activities of any subordinate
staff.
• Actively pursuing grants, partnerships, and other funding opportunities to support
environmental projects, conservation, and stewardship priorities.
• Maintaining current knowledge of trends and changes in federal, state, and local regulatory
standards regarding natural resource management.
• Providing public relations and educational information to individual citizens/civic groups,
and responding to inquiries from a wide variety of entities concerning real, perceived, or
potential environmental issues and concerns.
t
In addition to organizational location and formal duties, the County will need to identify background
qualifications and professional experience necessary to complete any assigned tasks undertaken
by a new position. Based on similarjob listings and direction from interview subjects, staff finds that
qualified candidates will likely have educational or professional experience in one or more of the
following fields:
Page 15 of 16
• Environmental Science or Ecology
• Wildlife Biology
• Forestry, Botany, or Horticulture
• Geology or other related physical science
• Environmental Planning or Landscape Architecture
• Environmental Engineering
• Agricultural Science, Soil Science, or Agronomy
• Hydrology or Hydrogeology
The necessary compensation for a natural resource stewardship position is likely to vary
significantly depending on the assigned duties, staff capacity, and the qualifications desired. In a
review of similar positions from other jurisdictions, compensation rates range from-$45,000
annually to-$130,000 annually, depending on experience and the level of work. The County will
most likely make any compensation decisions at a later date, but staff references these estimates
to give perspective on similar jobs in natural resource fields.
Finally, given the immense range of projects and objectives that are potentially related to natural
resource stewardship in the County, it is unclear if a single position could adequately accomplish all
the duties outlined above. The County may wish to explore options for multiple positions across
several departments if they intend on achieving a comprehensive look at natural resource
stewardship.
With a summary overview of initial topics, the Board and County Administration can proceed in one
or more of the following ways:
1) Direct staff to refine the organizational and duty options outlined in this report.
2) Direct staff to complete additional research on similar positions at other jurisdictions.
3) Direct staff to compile a list of priority natural resource projects and objectives to more
thoroughly gauge the need for a dedicated natural resource stewardship position.
4) Begin a formal process to establish a natural resource stewardship position at the County
based on one or more of the options outlined in this report.
5) Distribute some or all natural resource stewardship tasks identified in this report among
existing County departments and personnel.
6) Do not pursue a new natural resource stewardship position at the County.
7) Revisit the topic at a later date.
Page 16 of 16
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o Deschutes County Board of Commissioners
%Va. Q- 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 23, 2021
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
Research Paper on State Laws and Rules on Rural Economic Development Opportunities
RECOMMENDATION & ACTION REQUESTED:
None as no Board action is required.
BACKGROUND AND POLICY IMPLICATIONS:
During development of the Planning Division's work program, the Board, Planning
Commission, and members of the public had asked about rural economic development
opportunities in Deschutes County. The inquiry related to supporting local farmers and related
rural uses..
FISCAL IMPLICATIONS: None.
ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD
MEMORANDUM
DATE: June 23, 2021
TO: Board of County Commissioners
FROM:. Peter Russell, Senior Transportation Planner
RE: June 28, 2021, work session on rural economic development opportunities and
various factors.
The Board of County Commissioners (Board) has asked staff to prepare a white paper on rural
economic development opportunities in Deschutes County. The Planning Commission (PC) also
expressed support for this project. Both the Board and PC expressed particular interest in economic
opportunities to support local farmers and related rural uses.
Staff presents an analysis of the State's land use program, County Comprehensive Plan and zoning
codes, and other factors that can influence rural economic development. Examples of the latter can
include septic issues, traffic volumes, and low population densities which can make it challenging to
establish an economically viable business. Some rural ventures close to major highways can rely
on through traffic to offset the disadvantages of low population densities, distance from major
markets, and/or lack of shipping opportunities.
1. BACKGROUND
Oregon's land use system strives to direct urban uses to locations inside the urban growth
boundaries (UGBs) of cities while protecting rural lands for agriculture and resource uses. At the
same time, the state's program recognizes there are locations that predate the modern (circa 1972)
land use program. Additionally, State law and administrative rules, along with County code, allow
selected economic activities to take place on rural lands or to support rural residents or travelers
moving through rural lands. Thus, broad rural economic opportunities are achieved through
Comprehensive Plan policies, goals, and objectives while specific ventures are reviewed under the
Deschutes County development code, particularly Title 18.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
a (541) 388-6575 @ cddgdeschutes.org @ www.deschutes.org/cd
Ill. RELEVANT STATEWIDE PLANNING GOALS, OREGON REVISED STATUTES (ORS), AND
ADMINISTRATIVE RULES (OAR)
Statewide Planning Goals set an overarching theme for the purpose and intent of each broad land
use category. These are implemented through state laws (ORSes) and administrative rules (OARS).
Under the Oregon land use system, local governments can be more restrictive than state laws and
rules, but not less. In other words, the State sets the ceiling for what is allowed to occur on rural
lands. The applicable ORS, relevant goals from the 19 Statewide Planning Goals, and OAR, are
summarized below. The laws, rules, and planning goals intertwine to set development patterns in
rural Oregon as a local development code must be consistent with ORSs and OARS. Tables 1-4 list
the outright permitted and conditionally permitted uses by ORSs, OARS, and the relevant Exclusive
Farm Use (EFU) and Forest (F-1, F-2) zones. County zoning is discussed in further detail in Section
III.
FARMING
Statewide Planning Goal 3 (Agricultural Lands)
Goal 3 explicitly states:
"To preserve and maintain agricultural lands.
Agricultural lands shall be preserved and maintained for farm use, consistent
with existing and future needs for agricultural products, forest, and open space and
with the state's agricultural land policy expressed in ORS 215.243 and 215.700."
"USES
Counties may authorize farm uses and those nonfarm uses defined by
commission rule that will not have significant adverse effects on accepted farm for
forest practices."
Goal 3 clearly intends to protect farmland from being developed for non-agricultural uses. While
there is an exceptions process, obtaining an exception from Goal 3 in practice is the highest bar in
the State's land use program. If non-agricultural uses are allowed, they must not interfere with
agricultural practices.
ORS 215.283 (Exclusive Farm Use)
Arguably, the most restrictive and complex land use category in the state in terms of rural economic
development is EFU, which by legislative intent is designed to protect agricultural lands and support
farming. The full list of ORS 215.283 uses are attached at this paper's end.
ORS 215.2830) identifies what are analogous to outright permitted uses subject to an
administrative determination; there are approximately 26 uses listed.' The activities range from
classic rural uses (propagation and harvesting; winery; farm stand; processing of farm products,
1 The Oregon Supreme Court determined in Brentmar v. Jackson County (1995), under ORS 215.213(1) and 215.283(1), a
county may not enact or apply legislative criteria of its own that supplement those found in ORS 215.213() and 215.283(1).
Page 2 of 15
Table 1
Exclusive Farm Use Zone Outright Permitted Uses2
Type of Use
ORS3
OAR
DCC5
Notes
Winery
Y
Y
Y
Farm stand
Y
Y
Y
Processing
Y
N
N
Conditional Use
Dog training
Y
Y
Y
Cider business
Y
?
N
Conditional Use
Farm brewery
Y
?
N
Conditional Use?
On -site filming
(<45 days)
Y
Y
N
Conditional Use s
Outdoor Mass
Gathering
Y
Y
Y
DCC has additional
requirements
Table 2
Exclusive Farm Use Zone Conditionally
Permitted Uses9
Type of Use
ORS70
OAR"
DCC'Z
Notes
Commercial
activity in
Y
Y
Y
DCC has additional
conjunction with a
requirements
farm use
Private park,
playground,
DCC has additional
hunting and
h
Y
Y
Y
requirements
fishing preserves,
campgrounds
Golf course
Y
Y
Y
DCC has additional
requirements
Home occupations
Y
Y
Y
DCC has additional
requirements
Commercial dog
Y
Y
DCC has additional
boarding kennels
Y
requirements
Dog training and
Y
DCC has additional
trials
Y
Y
requirements
Destination resort
Y
Y
Y
DCC has additional
requirements
z These do not include additional outright permitted uses such as operations, utilities, roads, public use, etc. Many of the
uses listed in Table 1 require a land use permit and are processed as an administrative determination.
3 Applicable ORSs in addition to 215.283 are 215.242; 215.243; 215.255; 215.451; and 215.499
4 OAR 660-033-120 and its Table
5 DCC 18.16.020 and 18.16.025
6 DCC 18.16.025 if processing or 18.16.030 if there are on -site sales
' DCC 18.16.025 if processing or 18.16.030 if there are on -site sales
e DCC 18.116.270 allows filming in all zones, but requires the Board to act as the initial hearings body
9 These do not include additional conditionally permitted uses such as operations, utilities, roads, public use, etc.
10 Applicable ORSs in addition to ORS 215.283 are 215.255; 215.296; 215.306; 215.448; 671.520; and 671.318
" OAR 660-033-120 and its Table
iz DCC 18.16.030, 18.16.031, 18.16.033, DCC 18.16.040, and 18.16.042
Page 3 of 15
Exclusive Farm Use Zone Conditionally
Permitted Uses (con't)
Type of Use
ORS
OAR
DCC
Notes
Room and board
DCC has additional
for 5 unrelated
Y
Y
Y
people
requirements
Extract and bottle
DCC has additional
water
Y
?
Y
requirements
Living history
DCC has additional
Y
Y
Y
museum
requirements
Aerial fireworks
DCC has additional
business
Y
Y
N
requirements
Landscape
DCC has additional
contracting
c
Y
Y
Y
requirements
business
Public or private
Y
Y
Y
DCC has additional
school, K-12
requirements
Equine and
equine -affiliated
Y
?
Y
DCC has additional
therapy and
requirements
counseling
Guest ranches
DCC has additional
Y
Y
Y
requirements
Agri -tourism
DCC has additional
Y
Y
Y
requirements
On -site filming
Y
Y
Y
DCC has additional
(>45 days)
requirements
Outdoor
Y
Y
Y
DCC has additional
gatherings
I
requirements
ORS 215.283(1) identifies what are analogous to outright permitted uses subject to an
administrative determination; there are approximately 26 uses listed.13 The activities range from
classic rural uses (propagation and harvesting; winery; farm stand; processing of farm products,
farm brewery, etc.) to non-agricultural uses that either require large amounts of land or are less
compatible with urban settings (sites to fly model aircraft, county law enforcement training centers,
facilities for rural fire districts, dog training classes and trials, etc.)
ORS 215.283(2) identifies what are analogous to conditionally permitted uses of which there are
approximately 28. The uses range from agricultural -related (commercial activities in conjunction
with a farm use, equine -related therapy or counseling businesses) to recreational activities (private
parks, private campgrounds, golf courses to personal -use airports) to public uses (fairground
expansions, public parks and playgrounds, certain public buildings, living history museums) to
commercial uses that benefit from rural locations (aerial fireworks business, fish hatcheries, dog
boarding kennels) to home occupations.
13 The Oregon Supreme Court determined in Brentmar v. Jackson County (1995), under ORS 215.213(1) and 215.283(1), a
county may not enact or apply legislative criteria of its own that supplement those found in ORS 215.213() and 215.283(1).
Page 4 of 15
ORS 215.283(4) identifies agri-tourism and other commercial events supportive of agriculture. Agri -
tourism must be incidental and subordinate to the agricultural use and a single event must be of
limited duration (72 consecutive hours or less), size (attendance does not exceed 500 people), and
meets various structural and parking requirements. ORS 215.283(4)(b) authorizes up to six (6)
smaller agri-tourism events (100 attendees and 50 vehicles) with no amplification of music or voices
and be located on a tract of 10 acres or less unless adjoining property owners consent to use of a
larger size parcel). Agri -tourism allows for commercial events of limited duration to provide for
additional income for EFU lands, but not at the risk of having EFU lands permanently converted to
non-agricultural uses.
Taken together, the uses in ORS 215.283 are primarily related directly to agriculture or are
supportive of agriculture. The non -agriculture uses typically require large sites or have a use that is
better suited to being outside population centers.
OAR 660-033 (Agricultural Land)
This administrative rule implements the ORS for EFU lands. This memo concentrates on land uses,
but OAR 660-033 has many other elements not covered here. The list of land uses is found at OAR
660-030-120 and its accompanying table. The table identifies which uses are allowed, which may
be allowed after further review, and which uses are not allowed. The OAR addresses all the uses
listed in ORS 215.283 and adds a few (armed forces reserve center, on -site filming, and outdoor
mass gatherings) which are allowed under other ORSs. Certain outright allowed uses in OAR 660-
030-120 may still require public notice and a potential hearing. Conditional uses do require notice
and may require a hearing. The OAR 660-030-120 table is attached at the end of this memo.14
There is not an ORS for forest uses that is analogous to ORS 213.283. While ORS 527.722 regulates
forest operations, practices, and auxiliary uses, it does not list land uses. Instead, OAR 660-006-
0025, which implements Goal 4, lists the land uses allowed in the Forest zone. Numerous other
ORSs define the outright and conditionally permitted uses and practices.
Statewide Planning Goal 4 (Forest Lands)
Goal 4 explicitly states:
"To conserve forest lands by maintaining the forest land base and to protect the
state's forest economy by making possible economically efficient forest
practices that assure the continuous growing and harvesting of forest tree
species as the leading use on forest land consistent with sound management of
soil, air, water, and fish and wildlife resources and to provide for recreational
opportunities and agriculture.
14 Please see OAR 660-033-120(1) and (2) for specific language.
Page 5 of 15
K11.1 *1
Forest operations, practices and auxiliary uses shall be allowed on forest lands
subject only to such regulation of uses as are found in ORS 527.722.
Uses which may be allowed subject to standards set forth in this goal and
administrative rule are: (1) uses related to and in support of forest operations,
(2) uses to conserve soil, water and air quality, and to provide for fish and
wildlife resources, agriculture and recreational opportunities appropriate in a
forest environment; (3) locationally dependent uses; (4) dwellings as
authorized by law."_
Goal 4 clearly intends to protect forest land from being developed for non -forest uses or uses which
conflict with forest uses. (In Deschutes County, the bulk of the land zoned Forest land is federal
land and thus beyond the County's jurisdiction.) While there is an exceptions process, obtaining an
exception from Goal 4 in practice is a high bar in the State's land use program. If non -forest uses
are allowed, they must not interfere with forest practices.
OAR 660-006 (Goal 4 Forest Lands)
This administrative rule implements the ORS for Forest lands. This memo concentrates on land
uses, but OAR 660-033 has many other elements not covered here. The list of land uses is found at
OAR 660-006-025. As this memo focuses more on small-scale rural economic development
opportunities, the tables below omit such larger uses as resource extraction, mineral exploration,
temporary forest labor camps, etc. The remaining uses are closely tied to recreation; there are no
commercial uses established, only goods and services are allowed. Any commercial goods and
services are ancillary to forest uses and/or benefit from a forest -zoned location for recreation. The
full list of uses allowed under OAR 660-006-025 is attached at the end of this memo.
Table 3
Forest Zone Outright Permitted Uses's
Type of Use
ORS16
OAR"
DCC
Notes
Farm use as defined
Y
Y
Y
in ORS 215.203
Private Hunting and
Conditional use
Fishing Operations
Y
Y
N
under DCC
w/o Lodging
Destination resort
Y
Y
N
Conditional in F2
Outdoor Mass
DCC has
Gathering (3K<)
Y
Y
Y
additional
requirements
is These do not include additional outright permitted uses such as operations, utilities, roads, public use, etc.
16 Applicable ORSs in addition to 215.203 are 197.435-467; 433.735-770; and 527.722
17 OAR 660-006-0025
Page 6 of 15
Tahle 4
Forest Zone Conditionally Permitted Uses"
Type of Use
ORS19
OAR20
DCC
Notes
Private hunting and
DCC has
fishing operations
Y
Y
Y
additional
w/o lodging
requirements
Private parks and
DCC has
campgrounds
Y
Y
Y
additional
requirements
Destination resort
Y
Y
Y
Conditional in F2
Commercial utility
facility to generate
Y
Y
?
power
Private seasonal
accommodations for
Y
Y
?
fee hunting
Home Occupations
DCC has
Y
Y
?
additional
requirements
Private
DCC has
accommodations for
Y
Y
?
additional
fishing
requirements
Outdoor Mass
DCC has
Gathering (3K>)
Y
Y
Y
additional
requirements
Ill. CONSISTENCY WITH COMPREHENSIVE PLAN; ALLOWED USES PER COUNTY ZONING
Deschutes County Comprehensive Plan
The Comprehensive Plan does not contain approval criteria, but rather is a guiding document which
comes into play for plan amendments and text amendments of the Comprehensive Plan itself or
the County's zoning map or development code. The Comprehensive Plan is analogous to the State's
Planning Goals as it provides a broad framework for the general types of uses, their location, and
goals and policies to support those patterns. Chapter 2, Resource Management and Chapter 3,
Rural Growth Management, contain the most applicable sections for rural economic opportunities.
Chapter Z Section 2.2 (Agricultural Lands)
This portion of the Comprehensive Plan primarily focuses on protecting farm lands and the
economic benefits of agriculture. However, based on public input during the Plan's development,
18 These do not include additional outright permitted uses such as operations, utilities, roads, public use, etc.
19 Applicable ORSs in addition to 215.203 are 197.435-467; 433.735-770; and 527.722
20 OAR 660-006-0025
Page 7 of 15
there is language about niche markets and value-added products, (i.e., processing, and local
markets.)
Goal 2 of this section states:
"Promote a diverse, sustainable, revenue -generating agricultural sector."
The most relevant policies to rural economic opportunities for Agricultural Lands are these:
Policy 2.2.10 Support stakeholders in studying and promoting economically viable
agricultural opportunities and practices.
Policy 2.2.11 Encourage small farming enterprises, including but not limited to,
niche markets, organic farming, farm stands, or value added
products.
Policy 2.2.12 Review County Code and revise as needed to permit alternative and
supplemental farm activities that are compatible with farming, such
as agri-tourism or commercial renewable energy projects. When a
preferred alternative or supplemental use identified through a
public process is not permitted by State regulations, work with the
State to review and revise their (sic) regulations.
This goal and policy language ensures that Deschutes County recognizes emerging rural economic
opportunities, provided they are allowed by State laws and rules and are compatible with existing
agricultural practices. The County continues to work with stakeholders and the Department of Land
Conservation and Development (DLCD) to ensure County code allows for all possible permitted uses
and potential future uses, particularly agri-tourism.
Chapter 2, Section 2.3 (Forest Lands)
This portion of the Comprehensive Plan primarily focuses on protecting forest lands and the
economic benefits of forestry and subordinate recreational uses. As timber harvesting has
decreased in Deschutes County since 2010, secondary forest products have gained importance
(chipped wood or wood slash) for animal bedding, pressed logs, and biomass fuel. Federal lands
comprise the majority of lands designated Forest and zoned either F-2 or F-2. The primary role of
the County is to limit impacts of development on private property in forest zones. The largest
private holding is what is known as Skyline Forest, a 33,000-acre parcel west of Bend roughly
between Columbia Southern Canal and Three Creeks Road. The land was formerly owned by Crown
Pacific, a private timber company, and is now owned by Shanda Asset Management LLC.
Goal 1 of this section states:
"Protect and maintain forest lands for multiple uses, including forest products,
watershed protection, conservation, recreation and wildlife habitat and protection."
The most relevant policies to rural economic opportunities for Forest Lands are these:
Page 8 of 15
Policy 2.3.8 Support the maintenance of Skyline Forest as a Community Forest
Policy 2.3.9 Support economic development opportunities that promote forest
health
This goal and policy language indicates there was not as much public support for enhancing rural
economic development opportunities on forest land when compared to agricultural lands. One
reason may be the recognition that most forest land is federal property and thus outside the
County's regulatory control. By contrast, significantly more farm lands are private property and
available to commercial development opportunities. Additionally, the F-1 and F-2 zones already
allow uses related to secondary forest products, recreation and limited lodging. At this time, there
does not seem to be additional uses that would be allowed under the State system.
Chapter 3, Rural Growth Management, Section 3.4 (Rural Economy Policies)
This portion of the Comprehensive Plan concerns economic development on lands outside of urban
growth boundaries (UGBs) while not adversely affecting farm and forest lands protected under
Goals 3 and 4 and their statutes and administrative rules. Based on public input during the Plan's
development, there is language about the economic importance of recreation, tourism, home -
based businesses, and the Bend Airport.
The County also has numerous unincorporated communities (UCs) as defined by OAR 660-022,
which are places that pre -date the state land use system and have commercial and industrial uses
or residential densities not otherwise allowed. Examples include Alfalfa, Brothers, Spring River,
Terrebonne, Tumalo, Sunriver, Black Butte Resort, and the Inn of the7th Mountain/Widgi Creek. As
these UCs are not rural in the sense of farm or forest, they will not be analyzed here. The County
does have zoning for these UCs.
Goal 1 of this section states:
"Maintain a stable and sustainable rural economy, compatible with rural lifestyles and
a healthy environment."
The most relevant policies to rural economic opportunities for rural development are these:
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 3.4.6 Support and participate in master planning for airports in
Deschutes County.
Page 9 of 15
Policy 3.4.7 Within the parameters of State land use regulations, permit limited
local -serving commercial uses in higher -density rural communities.
This goal and policy language ensures that Deschutes County recognize emerging rural economic
opportunities, provided they are allowed by State laws and rules and are compatible with the rural
character of the land. The goal and policy language recognizes the potential of small-scale
commercial ventures oriented toward the traveling public. Similarly, the goal and policy language
recognizes the benefit of home -based businesses that offer another opportunity to develop a small-
scale business. The County continues to work with stakeholders and the Department of Land
Conservation and Development (DLCD) to ensure County code allows for all possible permitted uses
and potential future uses, particularly agri-tourism. The higher density rural communities are
Sunriver, Terrebonne and Tumalo. The County has participated in master planning for the Bend
airport, including text amendments to streamline the review and approval of uses customarily
appurtenant to an airport. (Since the Comprehensive Plan was written, the Sisters UGB now
encompasses the Sisters airport; the Bend airport and several private airstrips are now the only
airfields under County land use zoning at DCC 18.76.) Finally, the Plan language again recognizes
State statutes, rules, and regulations that limit what the County may allow as a permitted use.
Deschutes County Zoning, Title 18
County zoning divides land uses into two broad categories: outright permitted or conditional. The
former has lesser requirements, most of which relate to dimensional standards such as setbacks,
height limits, minimum parcel size, and road standards, etc. Conditional uses have a higher burden
of proof and more qualitative approval criteria such as being harmonious, not causing significant
changes, being generally compatible with adjacent uses, etc.
County zoning divides agricultural activities along a continuum, transitioning from farming to
residential. EFU is almost strictly farming uses; Multiple Use Agricultural, 10-acre minimum (MUA-
10) is farming and quasi -farming; Rural Residential, 10-acre minimum (RR-10) is predominately
residential with some farming. Both MUA-10 and RR-10 are Rural Residential Exception Areas
(RREA), meaning for a variety of reasons they were given exceptions to Goal 3 (Agriculture) or Goal
4 (Forest Lands).
DCC 18.16, EFU
The purpose of the EFU zone is to preserve and maintain agricultural lands and to serve as a
sanctuary for farm uses. DCC 18.16.020 lists the outright permitted uses. Of these uses, the only
one that is not a conventional use on farmland is Outdoor Mass Gathering (OMG).21 There is a
permitting process for OMGs, which varies according to the event's size, duration, and hours of
operation.
DCC 18.16.025 permits additional uses, which are subject to further review against additional
County code. The germane uses include wineries and farm stands.22 The winery can be considered
agri-tourism and include tours, tastings, open houses, luncheons and dinners, etc. The farm stand
21 The Outdoor Mass Gathering must meet ORS 197.015(10)(d) and DCC 8.16.
22 DCC 18.16.038(B) for wineries and 18.16.038(C) for farm stands.
Page 10 of 15
can include sales of products produced or processed on the farm or the local agricultural area.23
The farm stand can also sell incidental retail items and fee -based activity to promote the sale of
crops or livestock from the farm. Both wineries and farm stands have additional requirements
regarding the percentage of income that is not farm related, limits on number of agri-tourism
events, setback requirements, etc.
The conditional uses are found in DCC 18.16.030. These include commercial activities in conjunction
with a farm use, but not including the processing of farm crops in DCC 18.16.025. Other commercial
activities are expansions of existing private parks, playgrounds, or hunting and fishing preserves
and campgrounds on the same tract; home occupations; landscape contracting businesses, outdoor
mass gatherings, and equine and equine -affiliated therapeutic and counseling activities.
DCC 18.16.042 specifically addresses agri-tourism and other commercial events or activities with
limited use permits on EFU ground. The applicant must demonstrate how the requested use or
activities are related to or supportive of agriculture.24 Most importantly, the requested use or
activity must be incidental and subordinate to the existing farm use of the site. The number of the
events and their duration varies depending upon the size of the site. EFU is the only zone which
has the Limited Use Permit (LUP) option. The County since August 2012 has processed 14 LUPs and
a 15th is an active application.
As the general public is allowed onto the premises for farm stands and/or agri-tourism, the
requirements of DCC 18.124, Site Plan Review, are triggered as well. Besides the items cited in DCC
18.16.038, site plan review includes the location of buildings, parking, internal circulation, landscape
buffering or screening, etc.
The EFU zone is predominantly agricultural, but also allows uses incidental and subordinate to farm
uses. The agri-tourism and commercial events of DCC 18.16.042 offer the best accommodations
for rural economic development opportunities while protecting agricultural land. The allowed uses
can be small scale and of limited scope and/or duration. These limits comply with state law and
rules.
DCC 18.32, MUA-10
The purposes of the MUA-10 zone is to preserve the rural character of various County areas while
permitting development consistent with that character and with the capacity of the natural area.
The zone also intends to preserve and maintain agricultural lands not suited to full-time commercial
23 DCC 18.16.038(C)(5) defines "local agricultural area" as Oregon or an adjacent county in Washington, Idaho, Nevada, or
California that borders the Oregon county in which the farm stand is located.
24 For agri-tourism and other commercial events or activities subject to a limited use permit, one must first demonstrate the
primary use of the property is a farm use (defined in DCC 18.04.030). Then a gross farm income test is applied. The income
from the agri-tourism activity, based on past Board decisions, must be less than 40% of the farm income. The applicant
must demonstrate that the commercial activity is economically related to the farm use.
For commercial activities in conjunction with a farm use, the farm use and gross farm income test apply. The applicant
must also demonstrate that the commercial activity relates to the farm use, enhances the quality of the agricultural
enterprise, promotes preservation of farm land for farm use, and is incidental and subordinate to the farm use (example:
number of days of a horse show.)
Page 11 of 15
farming, but able to support part-time farming. The MUA-10 zone provides for an orderly transition
from rural to urban land uses.
DCC 18.32.020 lists the outright permitted uses, which includes agricultural uses as defined in Title
18, propagation or harvesting of a forest product, noncommercial horse stables, horse events with
limits on riders and duration, and Type 1 home occupations. Of the three types of home
occupations, Type 1 has the least impact. Thus of the 10 outright permitted uses, five are classic
rural uses.
DCC 18.32.030 lists the conditional uses, including the following rural uses: commercial activities in
conjunction with a farm use, dude ranches, kennels or veterinary clinics, primary processing of
forest products, commercial horse stables. Other quasi -rural uses are private parks, hunting and
fishing preserves, and campgrounds. Type 2 and 3 home occupations are allowed. Other
commercial uses which may benefit from a rural location are bed and breakfast inns, destination
resorts, and guest lodges.
MUA-10 is the transition zone between the primarily agriculture focus of EFU and the predominantly
residential intent of RR-10. The zone does offer several rural economic development opportunities
at varying scales in compliance with state laws and rules.
DCC 18.60, RR-10
The purpose of the RR-10 zone is rural residential development, meaning lower density, within the
capability of the rural environment while providing for public review of non-residential uses. The
RR-10 zone is the closest to urban of the three zones.
DCC 18.60.020 lists the outright permitted uses of which the most agricultural are agricultural uses
as defined in Title 18, noncommercial horse stables, horse events, and Type I home occupations.
DCC 18.60.030 lists the conditional uses that are quasi -rural such as dude ranches, Type 2 or 3 home
occupations, bed and breakfast inns, and commercial horse stables. Planned development and
cluster developments are also permitted residential uses.
DCC 18.36, F-1
The purpose of the Forest 1 zone is to conserve forest lands. DCC 18.36.020 lists outright permitted
uses. Similar to EFU zoning the only non -forest activity permitted outright is an Outdoor Mass
Gathering.25 The County has a permitting process in place for OMGs.
DCC 18.36.030 lists conditional uses. Those commercial in nature include private hunting and
fishing operations without lodging, private parks and campgrounds,26 home occupations,27 private
accommodations for fishing occupied on a temporary basis, private seasonal accommodations for
21 Per ORS 433.735, an Outdoor Mass Gathering of less than 3,000 people that does not continue beyond 120 hours in any
three-month period is not a land use decision in ORS 197.015(10)
26 Consistent with OAR 660-006-0025 and ORS 197.732
27 Subject to DCC 18.116.280
Page 12 of 15
fee hunting, and extended outdoor mass gathering. The non -forest uses are almost exclusively
recreational.
DCC, 18.40, F-2
The purpose of the Forest 2 zone is to conserve forest lands. The use allowed in the F-1 and F-2
zones are identical, with the exception that destination resorts are allowed as a conditional use in
F-2 and are not allowed at all in F-1.
IV. OTHER LIMITING FACTORS NOT RELATED TO ZONING
Obviously, the state law and rules along with County zoning are the primary screening factors on
rural economic development opportunities. Besides land use, there are several other economic
geography aspects which influence whether a proposed use can be viable. The population size and
distribution of an area is one element. Rural areas simply have fewer people and at lower
population densities than urban areas. Even if land use controls were not present, the
demographics of rural areas make it challenging to operate certain types of businesses successfully.
A related issue to population density is traffic. The highest volumes of average daily traffic (ADT) in
Deschutes County occur on state highways. Lands adjacent to state highways generally have higher
visibility and more potential customers than lands along County roads. Some businesses rely upon
traffic already traveling on the highway or road known as pass -by traffic whereas other businesses
are a destination in their own right called site -generated traffic. Examples of pass -by traffic are a
gas station or a coffee but while examples of site -generated traffic are a movie theater or a doctor's
office.
Two other factors come into play when assessing commercial ventures on rural property, both of
which concern public safety. As the general public is coming onto a commercially used property,
the State's building code must be met. The requirements for commercial structures differ from
those buildings which are solely for agriculture or residential.
• The Building Division reviews the applicant's plans to determine compliance with commercial
building standards, including the Americans with Disabilities Act, fire standards, and more.
Septic evaluation is also included as the composition, regularity, and volume of the waste
stream can change. The Environmental Soils Division reviews the applicant's plan for certain
uses while the State Department of Environmental Quality (DEQ) determines compliance
with commercial wastewater disposal requirements.
Commercial kitchen requirements must comply with State Department of Agriculture (DOA)
requirements. The County's Environmental Health Division is rarely involved with
commercial kitchens in the rural area but can be in limited circumstances such as a kitchen
in a bed and breakfast preparing ready to eat foods.
Page 13 of 15
Compliance with State commercial standards (design, engineering, construction, wastewater
disposal, food service, etc.) is a significant factor in the cost of compliance.
V. DESCHUTES COUNTY REVIEW PROCESS AND FEE STRUCTURE
Deschutes County processes land use applications for rural economic enterprises in compliance
with state law and in a similar manner to other Oregon counties, including the type of use (permitted
or conditional), required land use applications, and notification requirements. The County's only
flexibility is in determining whether a public hearing is necessary or not.
Deschutes County attempts to set its fees in accordance with the complexity of the land use review,
estimated time to review the application, public notice requirements, and whether a public hearing
could be involved. Fees for outright permitted uses are lower than conditional uses as the first is
clear and objective standards while the second often requires interpretation of the applicable code.
The County tracks its land use applications annually to ensure that cost of services is equitable and
that one land use type is not subsidizing others.
Examples of land use fees for rural economic opportunities include:
• Agri -tourism and Commercial Events (DCC 18.16.042) for an annual 6-event permit:
• Commercial Activity in Conjunction for a Farm Use (Conditional Use Permit and Site Plan
Review): O
• Farm Stand (Administrative Determination):
• Winery (Administrative Determination):
• Processing Facility (Administrative Determination and Site Plan Review):
• Solar Farm (Conditional Use Permit and Site Plan Review):
It is notable that land use applications are contentious in rural Deschutes County for all types of
uses, including rural economic development proposals. In addition, the rapidly evolving economy
and economic opportunities are increasingly presenting new types of applications that present
matters of first impression (the first time the County has reviewed such an application). Contentious
land use applications and matters of first impression applications often require public hearings
before a County Hearings Officer. The deposit for such hearings is $5,500.
VI. CONCLUSION
State ORSs and OARS control what land uses are allowed on farm and forest lands. Deschutes
County's code is consistent with ORSs and OARs and is not currently more restrictive, although
under the state system local code can be more restrictive (except for certain uses per court
decisions).
The EFU zone in particular offers several options for rural economic development opportunities.
The EFU, F-1, and F-2 zones already allow for numerous rural economic development opportunities.
Page 14 of 15
In other words, the County allows for as many non -farm and non -forest uses as the ORSs and OARs
permit and continuously updates County code when state law changes. Further, the County, with
rare exception, mimics the State system in that what the State allows outright and processes the
applications consistent with other Oregon counties. The difference is that rural economic
development is often more contentious in Deschutes County and applicants are increasingly
presenting new types of uses (matters of first impression) which require a higher level of review and
corresponding fees and deposits.
Staff and the Board can work with DLCD staff to identify potential rural economic opportunities
currently not permitted by the State. Adding new language to the ORS will require legislative action.
Attachments: ORS 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands
counties, rules)
OAR 660-033-120, Table (Uses Authorized on Agricultural Lands)
OAR 660-006-025 (Uses Authorized in Forest Zones)
DCC 18.16, EFU Zone
DCC 18.32, MUA-10 Zone
DCC 18.60, RR-10 Zone
DCC 18.36, F-1 Zone
DCC 18.40, F-2 Zone
Page 15 of 15
Page 1 of 7
215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules. (1) The
following uses may be established in any area zoned for exclusive farm use:
(a) Churches and cemeteries in conjunction with churches.
(b) The propagation or harvesting of a forest product.
(c) Utility facilities necessary for public service, including wetland waste treatment systems but
not including commercial facilities for the purpose of generating electrical power for public use by
sale or transmission towers over 200 feet in height. A utility facility necessary for public service may
be established as provided in:
(A) ORS 215.275; or
(B) If the utility facility is an associated transmission line, as defined in ORS 215.274 and
469.300.
(d) A dwelling on real property used for farin use if the dwelling is occupied by a relative of the
fann operator or the farm operator's spouse, which means a child, parent, stepparent, grandchild,
grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either, if the farm
operator does or will require the assistance of the relative in the management of the faun use and the
dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithstanding
ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, if the
owner of a dwelling described in this paragraph obtains construction financing or other financing
secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also
foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a
partition of the homesite to create a new parcel.
(e) Subject to ORS 215.279, primary or accessory dwellings and other buildings customarily
provided in conjunction with farm use.
(f) Operations for the exploration for and production of geothermal resources as defined by ORS
522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment for an individual well adjacent to
the wellhead. Any activities or construction relating to such operations shall not be a basis for an
exception under ORS 197.732 (2)(a) or (b).
(g) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or
construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)
(a) or (b).
(h) Climbing and passing lanes within the right of way existing as of July 1, 1987.
(i) Reconstruction or modification of public roads and highways, including the placement of
utility facilities overhead and in the subsurface of public roads and highways along the public right of
way, but not including the addition of travel lanes, where no removal or displacement of buildings
would occur, or no new land parcels result.
0) Temporary public road and highway detours that will be abandoned and restored to original
condition or use at such time as no longer needed.
(k) Minor betterment of existing public road and highway related facilities such as maintenance
yards, weigh stations and rest areas, within right of way existing as of July 1, 1987, and contiguous
public -owned property utilized to support the operation and maintenance of public roads and
highways.
(L) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has
been listed in a county inventory as historic property as defined in ORS 358.480.
(m) Creation, restoration or enhancement of wetlands.
(n) A winery, as described in ORS 215.452 or 215.453.
(o) Farm stands if:
(A) The structures are designed and used for the sale of farm crops or livestock grown on the farm
operation, or grown on the farm operation and other farm operations in the local agricultural area,
file:///C:/Users/peterr/AppData/Local/Temp/Low/FL5KCDSS.htm 6/23/2021
Page 2 of 7
including the sale of retail incidental items and fee -based activity to promote the sale of farm crops or
livestock sold at the farm stand if the annual sale of incidental items and fees from promotional
activity do not make up more than 25 percent of the total annual sales of the farm stand; and
(B) The farm stand does not include structures designed for occupancy as a residence or for
activity other than the sale of farm crops or livestock and does not include structures for banquets,
public gatherings or public entertainment.
(p) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS
215.291.
(q) A site for the takeoff and landing of model aircraft, including such buildings or facilities as
may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor
area or placed on a permanent foundation unless the building or facility preexisted the use approved
under this paragraph. The site shall not include an aggregate surface or hard surface area unless the
surface preexisted the use approved under this paragraph. An owner of property used for the purpose
authorized in this paragraph may charge a person operating the use on the property rent for the
property. An operator may charge users of the property a fee that does not exceed the operator's cost
to maintain the property, buildings and facilities. As used in this paragraph, "model aircraft" means a
small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a person on the ground.
(r) A facility for the processing of farm products as described in ORS 215.255.
(s) Fire service facilities providing rural fire protection services.
(t) Irrigation reservoirs, canals, delivery lines and those structures and accessory operational
facilities, not including parks or other recreational structures and facilities, associated with a district as
defined in ORS 540.505.
(u) Utility facility service lines. Utility facility service lines are utility lines and accessory
facilities or structures that end at the point where the utility service is received by the customer and
that are located on one or more of the following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way, provided the written consent of all
adjacent property owners has been obtained; or
(C) The property to be served by the utility.
(v) Subject to the issuance of a license, permit or other approval by the Department of
Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and as provided in ORS 215.246 to 215.251, the
land application of reclaimed water, agricultural or industrial process water or biosolids, or the onsite
treatment of septage prior to the land application of biosolids, for agricultural, horticultural or
silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use
zone under this chapter. For the purposes of this paragraph, onsite treatment of septage prior to the
land application of biosolids is limited to treatment using treatment facilities that are portable,
temporary and transportable by truck trailer, as defined in ORS 801.580, during a period of time
within which land application of biosolids is authorized under the license, permit or other approval.
(w) A county law enforcement facility that lawfully existed on August 20, 2002, and is used to
provide rural law enforcement services primarily in rural areas, including parole and post -prison
supervision, but not including a correctional facility as defined under ORS 162.135.
(x) Dog training classes or testing trials, which may be conducted outdoors or in preexisting farm
buildings, when:
(A) The number of dogs participating in training does not exceed 10 dogs per training class and
the number of training classes to be held on -site does not exceed six per day; and
(B) The number of dogs participating in a testing trial does not exceed 60 and the number of
testing trials to be conducted on -site is limited to four or fewer trials per calendar year.
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(y) A cider business, as described in ORS 215.451.
(z) A farm brewery, as described in ORS 215.449.
(2) The following nonfarm uses may be established, subject to the approval of the governing body
or its designee in any area zoned for exclusive farm use subject to ORS 215.296:
(a) Commercial activities that are in conjunction with farm use, including the processing of farm
crops into biofuel not permitted under ORS 215.203 (2)(b)(K) or 215.255.
(b) Operations conducted for:
(A) Mining and processing of geothennal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005 not otherwise permitted under subsection (1)(f) of this section;
(B) Mining, crushing or stockpiling of aggregate and other mineral and other subsurface resources
subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface resources.
(c) Private parks, playgrounds, hunting and fishing preserves and campgrounds. Subject to the
approval of the county governing body or its designee, a private campground may provide yurts for
overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller,
may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent
foundation. Upon request of a county governing body, the Land Conservation and Development
Commission may provide by rule for an increase in the number of yurts allowed on all or a portion of
the campgrounds in a county if the commission determines that the increase will comply with the
standards described in ORS 215.296 (1). As used in this paragraph, "yurt" means a round, domed
shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hookup or
internal cooking appliance.
(d) Parks and playgrounds. A public park may be established consistent with the provisions of
ORS 195.120.
(e) Community centers owned by a govermnental agency or a nonprofit community organization
and operated primarily by and for residents of the local rural community. A community center
authorized under this paragraph may provide services to veterans, including but not limited to
emergency and transitional shelter, preparation and service of meals, vocational and educational
counseling and referral to local, state or federal agencies providing medical, mental health, disability
income replacement and substance abuse services, only in a facility that is in existence on January 1,
2006. The services may not include direct delivery of medical, mental health, disability income
replacement or substance abuse services.
(f) Golf courses on land:
(A) Detennined not to be high -value farmland, as defined in ORS 195.300 (10); or
(B) Determined to be high -value farmland described in ORS 195.300 (10)(c) if the land:
(i) Is not otherwise described in ORS 195.300 (10);
(ii) Is surrounded on all sides by an approved golf course; and
(iii) Is west of U.S. Highway 101.
(g) Commercial utility facilities for the purpose of generating power for public use by sale. If the
area zoned for exclusive farm use is high -value farmland, a photovoltaic solar power generation
facility may be established as a commercial utility facility as provided in ORS 215.447. A renewable
energy facility as defined in ORS 215.446 may be established as a commercial utility facility.
(h) Personal -use airports for airplanes and helicopter pads, including associated hangar,
maintenance and service facilities. A personal -use airport, as used in this section, means an airstrip
restricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional
basis, by invited guests, and by commercial aviation activities in cormection with agricultural
operations. No aircraft may be based on a personal -use airport other than those owned or controlled
by the owner of the airstrip. Exceptions to the activities permitted under this definition may be
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granted through waiver action by the Oregon Department of Aviation in specific instances. A
personal -use airport lawfully existing as of September 13, 1975, shall continue to be permitted subject
to any applicable rules of the Oregon Department of Aviation.
(i) Home occupations as provided in ORS 215.448.
0) A facility for the primary, processing of forest products, provided that such facility is found to
not seriously interfere with accepted farming practices and is compatible with farm uses described in
ORS 215.203 (2). Such a facility may be approved for a one-year period which is renewable. These
facilities are intended to be only portable or temporary in nature. The primary processing of a forest
product, as used in this section, means the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to enable its shipment to market. Forest
products, as used in this section, means timber grown upon a parcel of land or contiguous land where
the primary processing facility is located.
(k) A site for the disposal of solid waste approved by the governing body of a city or county or
both and for which a pennit has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or buildings necessary for its operation.
(L) One manufactured dwelling or recreational vehicle, or the temporary residential use of an
existing building, in conjunction with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of the resident. Within three months of the end
of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or,
in the case of an existing building, the building shall be removed, demolished or returned to an
allowed nonresidential use. The governing body or its designee shall provide for periodic review of
the hardship claimed under this paragraph. A temporary residence approved under this paragraph is
not eligible for replacement under subsection (1)(p) of this section.
(m) Transmission towers over 200 feet in height.
(n)(A) Commercial dog boarding kennels; or
(B) Dog training classes or testing trials that cannot be established under subsection (1)(x) of this
section.
(o) Residential homes as defined in ORS 197.660, in existing dwellings.
(p) The propagation, cultivation, maintenance and harvesting of aquatic species that are not under
the jurisdiction of the State Fish and Wildlife Commission or insect species. Insect species shall not
include any species under quarantine by the State Department of Agriculture or the United States
Department of Agriculture. The county shall provide notice of all applications under this paragraph to
the State Department of Agriculture. Notice shall be provided in accordance with the county's land
use regulations but shall be mailed at least 20 calendar days prior to any administrative decision or
initial public hearing on the application.
(q) Construction of additional passing and travel lanes requiring the acquisition of right of way but
not resulting in the creation of new land parcels.
(r) Reconstruction or modification of public roads and highways involving the removal or
displacement of buildings but not resulting in the creation of new land parcels.
(s) Improvement of public road and highway related facilities, such as maintenance yards, weigh
stations and rest areas, where additional property or right of way is required but not resulting in the
creation of new land parcels.
(t) A destination resort that is approved consistent with the requirements of any statewide planning
goal relating to the siting of a destination resort.
(u) Room and board arrangements for a maximum of five unrelated persons in existing residences.
(v) Operations for the extraction and bottling of water.
(w) Expansion of existing county fairgrounds and activities directly relating to county fairgrounds
governed by county fair boards established pursuant to ORS 565.210.
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(x) A living history museum related to resource based activities owned and operated by a
govermnental agency or a local historical society, together with limited commercial activities and
facilities that are directly related to the use and enjoyment of the museum and located within authentic
buildings of the depicted historic period or the museum administration building, if areas other than an
exclusive farm use zone cannot accommodate the museum and related activities or if the museum
administration buildings and parking lot are located within one quarter mile of an urban growth
boundary. As used in this paragraph:
(A) "Living history museum'' means a facility designed to depict and interpret everyday life and
culture of some specific historic period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(B) "Local historical society" means the local historical society recognized by the county
governing body and organized under ORS chapter 65.
(y) An aerial fireworks display business that has been in continuous operation at its current
location within an exclusive farm use zone since December 31, 1986, and possesses a wholesaler's
permit to sell or provide fireworks.
(z) A landscape contracting business, as defined in ORS 671.520, or a business providing
landscape architecture services, as described in ORS 671.318, if the business is pursued in
conjunction with the growing and marketing of nursery stock on the land that constitutes farm use.
(aa) Public or private schools for kindergarten through grade 12, including all buildings essential
to the operation of a school, primarily for residents of the rural area in which the school is located.
(bb) Equine and equine -affiliated therapeutic and counseling activities, provided:
(A) The activities are conducted in existing buildings that were lawfully constructed on the
property before January 1, 2019, or in new buildings that are accessory, incidental and subordinate to
the farm use on the tract; and
(B) All individuals conducting therapeutic or counseling activities are acting within the proper
scope of any licenses required by the state.
(cc) Guest ranches in eastern Oregon, as described in ORS 215.461.
(3) Roads, highways and other transportation facilities and improvements not allowed under
subsections (1) and (2) of this section may be established, subject to the approval of the governing
body or its designee, in areas zoned for exclusive farm use subject to:
(a) Adoption of an exception to the goal related to agricultural lands and to any other applicable
goal with which the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land Conservation and Development
Commission as provided in section 3, chapter 529, Oregon Laws 1993.
(4) The following agri-tourism and other commercial events or activities that are related to and
supportive of agriculture may be established in any area zoned for exclusive farm use:
(a) A county may authorize a single agri-tourism or other commercial event or activity on a tract
in a calendar year by an authorization that is personal to the applicant and is not transferred by, or
transferable with, a conveyance of the tract, if the agri-tourism or other commercial event or activity
meets any local standards that apply and:
(A) The agri-tourism or other commercial event or activity is incidental and subordinate to
existing farm use on the tract;
(B) The duration of the agri-tourism or other commercial event or activity does not exceed 72
consecutive hours;
(C) The maximum attendance at the agri-tourism or other commercial event or activity does not
exceed 500 people;
(D) The maximum number of motor vehicles parked at the site of the agri-tourism or other
commercial event or activity does not exceed 250 vehicles;
(E) The agri-tourism or other commercial event or activity complies with ORS 215.296;
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(F) The agri-tourism or other commercial event or activity occurs outdoors, in temporary
structures, or in existing permitted structures, subject to health and fire and life safety requirements;
and
(G) The agri-tourism or other commercial event or activity complies with conditions established
for:
(i) Planned hours of operation;
(ii) Access, egress and parking;
(iii) A traffic management plan that identifies the projected number of vehicles and any
anticipated use of public roads; and
(iv) Sanitation and solid waste.
(b) In the alternative to paragraphs (a) and (c) of this subsection, a county may authorize, through
an expedited, single -event license, a single agri-tourism or other commercial event or activity on a
tract in a calendar year by an expedited, single -event license that is personal to the applicant and is not
transferred by, or transferable with, a conveyance of the tract. A decision concerning an expedited,
single -event license is not a land use decision, as defined in ORS 197.015. To approve an expedited,
single -event license, the governing body of a county or its designee must determine that the proposed
agri-tourism or other commercial event or activity meets any local standards that apply, and the agri-
tourism or other commercial event or activity:
(A) Must be incidental and subordinate to existing farm use on the tract;
(B) May not begin before 6 a.m. or end after 10 p.m.;
(C) May not involve more than 100 attendees or 50 vehicles;
(D) May not include the artificial amplification of music or voices before 8 a.m. or after 8 p.m.;
(E) May not require or involve the construction or use of a new permanent structure in connection
with the agri-tourism or other commercial event or activity;
(F) Must be located on a tract of at least 10 acres unless the owners or residents of adjoining
properties consent, in writing, to the location; and
(G) Must comply with applicable health and fire and life safety requirements.
(c) In the alternative to paragraphs (a) and (b) of this subsection, a county may authorize up to six
agri-tourism or other commercial events or activities on a tract in a calendar year by a limited use
permit that is personal to the applicant and is not transferred by, or transferable with, a conveyance of
the tract. The agri-tourism or other commercial events or activities must meet any local standards that
apply, and the agri-tourism or other commercial events or activities:
(A) Must be incidental and subordinate to existing farm use on the tract;
(B) May not, individually, exceed a duration of 72 consecutive hours;
(C) May not require that a new pennanent structure be built, used or occupied in connection with
the agri-tourism or other commercial events or activities;
(D) Must comply with ORS 215.296;
(E) May not, in combination with other agri-tourism or other commercial events or activities
authorized in the area, materially alter the stability of the land use pattern in the area; and
(F) Must comply with conditions established for:
(i) The types of agri-tourism or other commercial events or activities that are authorized during
each calendar year, including the number and duration of the agri-tourism or other commercial events
and activities, the anticipated daily attendance and the hours of operation;
(ii) The location of existing structures and the location of proposed temporary structures to be
used in connection with the agri-tourism or other commercial events or activities;
(iii) The location of access and egress and parking facilities to be used in connection with the agri-
tourism or other commercial events or activities;
(iv) Traffic management, including the projected number of vehicles and any anticipated use of
public roads; and
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(v) Sanitation and solid waste.
(d) In addition to paragraphs (a) to (c) of this subsection, a county may authorize agri-tourism or
other commercial events or activities that occur more frequently or for a longer period or that do not
otherwise comply with paragraphs (a) to (c) of this subsection if the agri-tourism or other commercial
events or activities comply with any local standards that apply and the agri-tourism or other
commercial events or activities:
(A) Are incidental and subordinate to existing commercial farm use of the tract and are necessary
to support the commercial farm uses or the commercial agricultural enterprises in the area;
(B) Comply with the requirements of paragraph (c)(C), (D), (E) and (F) of this subsection;
(C) Occur on a lot or parcel that complies with the acknowledged minimum lot or parcel size; and
(D) Do not exceed 18 events or activities in a calendar year.
(5) A holder of a permit authorized by a county under subsection (4)(d) of this section must
request review of the permit at four-year intervals. Upon receipt of a request for review, the county
shall:
(a) Provide public notice and an opportunity for public comment as part of the review process; and
(b) Limit its review to events and activities authorized by the pennit, conformance with conditions
of approval required by the pennit and the standards established by subsection (4)(d) of this section.
(6) For the purposes of subsection (4) of this section:
(a) A county may authorize the use of temporary structures established in connection with the
agri-tourism or other commercial events or activities authorized under subsection (4) of this section.
However, the temporary structures must be removed at the end of the agri-tourism or other event or
activity. The county may not approve an alteration to the land in connection with an agri-tourism or
other commercial event or activity authorized under subsection (4) of this section, including, but not
limited to, grading, filling or paving.
(b) The county may issue the limited use pen -nits authorized by subsection (4)(c) of this section
for two calendar years. When considering an application for renewal, the county shall ensure
compliance with the provisions of subsection (4)(c) of this section, any local standards that apply and
conditions that apply to the permit or to the agri-tourism or other commercial events or activities
authorized by the permit.
(c) The authorizations provided by subsection (4) of this section are in addition to other
authorizations that may be provided by law, except that "outdoor mass gathering" and "other
gathering," as those teens are used in ORS 197.015 (10)(d), do not include agri-tourism or other
commercial events and activities. [1983 c.826 §17; 1985 c.544 §3; 1985 c.583 §2; 1985 e,604 §4;
1985 c.717 §7; 1985 c.811 §7; 1987 c.227 §2; 1987 c.729 §5a; 1987 c.886 §10; 1989 c.224 §27; 1989
c.525 §2; 1989 c.564 §9; 1989 c.648 §61; 1989 c.739 §2; 1989 c.837 §27; 1989 c.861 §2; 1989 c.964
§11; 1991 c.459 §348; 1991 c.950 §1; 1993 c.466 §2; 1993 c.704 §3; 1993 c.792 §14; subsections (3)
to (8) renumbered 215.284 in 1993; 1995 c.528 §2; 1997 c.250 §2; 1997 c.276 §2; 1997 c.312 §2;
1997 c.318 §3; 1997 c.363 §2; 1997 c.862 §3; 1999 c.320 §1; 1999 c.608 §2; 1999 c.640 §2; 1999
c.756 §§14a,14b; 1999 c.758 §2; 1999 c.816 §2: 1999 c.935 §22; 2001 c.149 §§2,3; 2001 c.488
§§2,3; 2001 c.544 §§1,2; 2001 c.613 §§8,9; 2001 c.676 §§2,3; 2001 c.757 §§2,3; 2001 c.941 §§2,3;
2003 c.247 §3; 2005 c.22 § 163; 2005 c.354 §4; 2005 c.609 §26; 2005 c.625 §76; 2005 c.693 §3; 2005
c.737 §1; 2007 c.71 §72; 2007 c.541 §2; 2007 c.739 §36; 2009 c.850 §2; 2011 c.459 §3; 2011 c.462
§2; 2011 c.567 §2; 2011 c.679 §8; 2012 c.74 §3; 2013 c.197 §2; 2013 c.242 §4; 2013 c.462 §§5,8;
2017 c.148 §§3,4; 2017 c.253 §§5,6; 2017 c.393 §§1,2; 2017 c.504 §§5,6; 2018 c.119 §§3,4; 2019
c.244 §§5,6; 2019 c.270 §§3,4; 2019 c.410 §§8,9; 2019 c.440 §7; 2019 c.650 §§7,81
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�vT ES}C,0
COMMUNITY" DEVELOPMENT
STATEMENT OF INTENDED USE
job site: Project/Building Permit:
Address: 64225 Schibel Road, Bend Oregon 97703
Property description:
Township 17 Range 12 Section 05B Tax Lot 1400
I/we, as owner/s of the above -described property, do hereby certify that the proposed building will
be used for: (Give specific details on the intended use of the building):
The proposed use is identified as a Type 1 Home Occupation in the Multiple Use Agriculture
Zone and will comply with the requirements of Deschutes County Code (DCC), Section
18.116.280(C).
Attachment: Deschutes County Code Chapter 18.116,280(C)
I understand that any alternate use and non-compliance with this statement may result in the
issuance of a citation,
Property Owner's Signature*:
Please be advised that any statement will be used to determine consistency with all applicable land
use regulations. Permits from the Building Division will be required for any electrical, mechanical
or plumbing installations.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P O Box 6005, Bend, OR 97708 6005
'01 (541) 388-6575 @cdd@deschutes.org @ www.deschutes org/cd
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.280. Home Occupations.
A. Home Occupations Permitted Outright In All "Zones.
1. Home occupations that operate from within a dwelling, have characteristics that are
indistinguishable from the residential use of a dwelling, and meet the criteria in paragraph
(A)(2) shall be considered uses accessory to the residential use of a dwelling.
2. Horne occupations under this subsection that meet the following criteria are uses permitted
outright under Title 18 of the Deschutes County Code, the Deschutes County Zoning
Ordinance, in all zones:
a. is conducted within a dwelling only by residents of the dwelling;
b. Does not serve clients or customers on -site;
c. Does not occupy more than 25 percent of the floor area of the dwelling;
d. Does not produce odor, dust, glare, flashing lights, noise smoke or vibrations in excess
of that created by normal residential use.
e. Does not include the on -site advertisement, display or sale of stock in trade.
B. Types. In addition to the home occupations allowed in Section A above, three Types of home
occupations maybe allowed with limitations on location and intensity of allowed uses. Type I
allows low intensity uses and Types 2 and 3 allow progressively greater intensity of uses.
C. Type 1. Where permitted outright, a Type I home occupation does not require a land use
permit but shall be subject to the following criteria. A Type 1 home occupation:
1. Does not require a minimum parcel size.
2. Is conducted within a dwelling or a residential accessory structure only by residents of the
dwelling
3. Does not occupy more than 25 percent of the combined floor area of the dwelling including
attached garage and one accessory structure.
4. Creates no more than five (5) trips to the site per day for customers or clients, including
parcel delivery services;
5. May include employees or contractors that work off - site;
6. Does not produce prolonged odor, dust, glare, flashing lights or noise smoke, and vibrations
in excess of that created by normal residential use
7. Does not involve the on -site advertisement display or sale of stock in trade, other than
vehicle or trailer signage.
8. Does not include building or ground mounted signs.
9. Does not include outsides storage of equipment or materials used in the operation of the
home occupation.
10. Has adequate access and on -site parking f'or not more than one (1) customer, or delivery
vehicle at any given time.
11. Allows on -site one (1) business -related vehicle or truck not exceeding 15,000 pounds gross
vehicle weight and one (1) other non -motorized wheeled equipment (trailer) which shall
not exceed 3,000 pounds gross vehicle weight.
12. Complies with all requirements of the Deschutes County Building Safety Division and the
Environmental Health Division and any other applicable state or federal laws. Compliance
with the requirements of the Deschutes County Building Safety Division shall include
meeting all building occupancy classification requirements of the state -adopted building
code.
13. Is conducted in such a way that it is compatible with the residential character, or in resource
zones, resource -oriented character of its location.
Chapter 18.116 1 (8/2018)
14. Does not involve any external changes to the dwelling in which the home occupation will
be established that would give the dwelling an outward appearance of a business.
15. Allows for servicing, inspecting, loading, and or dispatching of vehicles and equipment
incidental to the home occupation and stored within the dwelling, attached garage or
accessory structure.
D. Type 2. A Type 2 home occupation may be allowed as a conditional use with an approved
conditional use permit subject to the approval criteria below. A Type 2 home occupation is not
subject to the approval criteria for a conditional use permit in DCC Chapter 18,128.015 or a site
plan review under DCC Chapter 18.124. Type 2 home occupations are subject to the standards
of the zone in which the home occupation will be established A Type 2 home occupation:
1. Is conducted from a property that is at least one-half (1/2) acre in size.
2. Is conducted within a dwelling and/or an accessory structure by residents of the dwelling
and no more than two (2) employees who report to the property for work.
3. May include employees or contractors that work off site.
4. Does not occupy more than 25 percent, up to a maximum of 1,500 square feet, of the
combined floor area of the dwelling, including attached garage and one (1) accessory
structure.
5. May include on -site sales of products associated with the home occupation that are
incidental and subordinate to the home occupation.
6. Creates no more than ten (10) business -related vehicle trips to the site per day by
employees, customers or clients, and parcel delivery services.
7. Has adequate access and on -site parking for not more than four (4) customer and employee,
or delivery vehicles at any given time.
8. Is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, for operation.
9. Does not involve any external changes to the dwelling or the accessory structure in which
the home occupation will be established that would give any building an outward
appearance of a business.
10. Does not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations
in excess of that created by normal residential use.
11. Complies with all requirements of the Deschutes County Building Safety Division and the
Environmental Health Division and any other applicable state or federal laws. Compliance
with the requirements of the Deschutes County Building Safety Division shall include
meeting all building occupancy classification requirements of the state -adopted building
code.
12. May have one (1) sign, ground -mounted or wall -mounted, as defined in DCC Chapter
15.08 that is no more than three (3) square feet in area, non -illuminated. The ground -
mounted sign and support shall not exceed 6 feet in height and is located on the property
from which the home occupation will operate. Such signs do not require a sign permit
under DCC Chapter 15.08, Signs.
13. May be subject to an annual inspection, as a condition of an approval, to ensure compliance
with the requirements of this section and the conditions of an approved conditional use
permit.
14. Allows on -site one (1) business -related vehicle or truck not exceeding 15,000 pounds gross
vehicle weight and one (1) other non -motorized wheeled trailer which shall not exceed
10,000 pounds gross vehicle weight.
15. Does not include outside storage of equipment or materials used in operation of the home
occupation.
16. Is conducted in such a way that it is compatible with the residential character, or in resource
zones, resource -oriented character of its location.
17. All employee, customer and delivery vehicle parking spaces shall be on -site and shall be
located outside of the required zone setbacks.
Chapter 18.116 2 (8/2018)
Land Conservation and Development Department
Oregon Administrative Rules
Chapter 660, Division 033, Rule 0120, Table
Uses Authorized on Agricultural Lands
OAR 660-033-0120 The specific development and uses listed in the following table are allowed
in the areas that qualify for the designation pursuant to this division. All uses are subject to the
general provisions, special conditions, additional restrictions and exceptions set forth in this
division. The abbreviations used within the table shall have the following meanings:
A Use is allowed. Authorization of some uses may require notice and the opportunity for a
hearing because the authorization qualifies as a land use decision pursuant to ORS chapter 197.
Minimum standards for uses in the table that include a numerical reference are specified in
OAR 660-033-0130. Counties may prescribe additional limitations and requirements to meet
local concerns only to the extent authorized by law.
R Use may be allowed, after required review. The use requires notice and the opportunity for a
hearing. Minimum standards for uses in the table that include a numerical reference are
specified in OAR 660-033-0130. Counties may prescribe additional limitations and requirements
to meet local concerns.
* Use not allowed.
# Numerical references for specific uses shown on the table refer to the corresponding section
of OAR 660-033-0130. Where no numerical reference is noted for a use on the table, this rule
does not establish criteria for the use.
HV All
Farmland Other USES
Farm/Forest Resource
A A Farm use as defined in ORS 215.203.
A A Other buildings customarily provided in conjunction with farm use.
A A Propagation or harvesting of a forest product.
'7111 11, _,n.F
R6 R6 A facility for the primary processing of forest products.
R28 R28 A facility for the processing of farm crops or the production of biofuel
as defined in ORS 315.141 or an establishment for the slaughter or
processing of poultry pursuant to ORS 603.038.
Natural Resource
A A Creation of, restoration of, or enhancement of wetlands.
R5,27 R5,27 The propagation, cultivation, maintenance and harvesting of aquatic
species that are not under the jurisdiction of the State Fish and
Wildlife Commission or insect species.
Residential
A1,30 A1,30 Dwelling customarily provided in conjunction with farm use.
R9,30 R9,30 A dwelling on property used for farm use located on the same lot or
parcel as the dwelling of the farm operator, and occupied by a
relative of the farm operator or farm operator's spouse, which means
grandparent, step -grandparent, grandchild, parent, step-parent, child,
brother, sister, sibling, step -sibling, niece, nephew, or first cousin of
either, if the farm operator does, or will, require the assistance of the
relative in the management of the farm use.
A24,30 A24,30 Accessory Farm Dwellings for year-round and seasonal farm workers.
A3,30 A3,30 One single-family dwelling on a lawfully created lot or parcel.
R5,10,30 R5,10,30 One manufactured dwelling, or recreational vehicle, or the temporary
residential use of an existing building in conjunction with an existing
dwelling as a temporary use for the term of a hardship suffered by
the existing resident or a relative of the resident.
R4,30 R4,30 Single-family residential dwelling, not provided in conjunction with
farm use.
R5,30 R5,30 Residential home or facility as defined in ORS 197.660, in existing
dwellings.
R5,30 R5,30 Room and board arrangements for a maximum of five unrelated
persons in existing residences.
R12,30 R12,30 Replacement dwelling to be used in conjunction with farm use if the
�,
existing dwelling has been listed in a county inventory as historic
property as defined in ORS 358.480.
A8,30 A8,30 Alteration, restoration, or replacement of a lawfully established
dwelling.
Commercial Uses
R5 R5 Commercial activities in conjunction with farm use, including the
processing of farm crops into biofuel not permitted under ORS
215.203(2)(b)(L) or ORS 215.213(1)(u) and 215.283(1)(r).
R5,14 R5,14 Home occupations as provided in ORS 215.448.
A39 A39 Dog training classes or testing trials.
R5 R5 Commercial dog boarding kennels or dog training classes or testing
trials that cannot be established under ORS 215.213(1)(z) or
215.283(1)(x).
R5,35 R5,35 An aerial fireworks display business that has been in continuous
operation at its current location within an exclusive farm use zone
since December 31, 1986, and possess a wholesaler's permit to sell or
provide fireworks.
*18(a) R5 Destination resort which is approved consistent with the
requirements of Goal 8.
A A A winery as described in ORS 215.452 or 215.453, and 215.237.
R5 R5 A restaurant in conjunction with a winery as described in ORS 215.453
that is open to the public for more than 25 days in a calendar year or
the provision of private events in conjunction with a winery as
described in ORS 215.453 that occur on more than 25 days in a
calendar year.
R or R5 R or R5 Agri -tourism and other commercial events or activities that are
related to and supportive of agriculture, as described in ORS
215.213(11) or 215.283(4).
A23 A23 Farm stands.
R5 R5 A landscape contracting business, as defined in ORS 671.520, or a
business providing landscape architecture services, as described in
ORS 671.318, if the business is pursued in conjunction with the
growing and marketing of nursery stock on the land that constitutes
) ,r.t. ,, t ,,. ...,.,, �l t:. .a
farm use.
R or R5 R or R5 Agri -tourism and other commercial events or activities that are
related to and supportive of agriculture, as described in ORS
215.213(11) or 215.283(4).
A23 A23 Farm Stands.
R5 R5 A landscape contracting business, as defined in ORS 671.520, or a
business providing landscape architecture services, as described in
ORS 671.318, if the business is pursued in conjunction with the
growing and marketing of nursery stock on the land that constitutes
farm use.
R R Guest ranch in eastern Oregon as provided in Chapter 84 Oregon
Laws 2010.
A A Log truck parking as provided in ORS 215.311.
Mineral, Aggregate, Oil, and Gas Uses
A A Operations for the exploration for and production of geothermal
resources as defined by ORS 522.005 and oil and gas as defined by
ORS 520.005, including the placement and operation of compressors,
separators and other customary production equipment for an
individual well adjacent to the wellhead.
A A Operations for the exploration for minerals as defined by ORS
517.750.
R5 R5 Operations conducted for mining and processing of geothermal
resources as defined by ORS 522.005 and oil and gas as defined by
ORS 520.005 not otherwise permitted under this rule.
R5 R5 Operations conducted for mining, crushing or stockpiling of aggregate
and other mineral and other subsurface resources subject to ORS
215.298.
R5,15 R5,15 Processing as defined by ORS 517.750 of aggregate into asphalt or
portland cement.
R5 R5 Processing of other mineral resources and other subsurface
resources.
Transportation
I ,.a..Y,<��
R5,7 R5,7 Personal -use airports for airplanes and helicopter pads, including
associated hangar, maintenance and service facilities.
A A Climbing and passing lanes within the right of way existing as of July
1, 1987.
R5 R5 Construction of additional passing and travel lanes requiring the
acquisition of right of way but not resulting in the creation of new
land parcels.
A A Reconstruction or modification of public roads and highways,
including the placement of utility facilities overhead and in the
subsurface of public roads and highways along the public right of way
but not resulting in the creation of new land parcels.
R5 R5 Reconstruction or modification of public roads and highways involving
the removal or displacement of buildings but not resulting in the
creation of new land parcels.
A A Temporary public road and highway detours that will be abandoned
and restored to original condition or use at such time as no longer
needed.
A A Minor betterment of existing public road and highway related
facilities such as maintenance yards, weigh stations and rest areas,
within right of way existing as of July 1, 1987, and contiguous public -
owned property utilized to support the operation and maintenance of
public roads and highways.
R5 R5 Improvement of public road and highway related facilities, such as
maintenance yards, weigh stations and rest areas, where additional
property or right of way is required but not resulting in the creation of
new land parcels.
R13 R13 Roads, highways and other transportation facilities, and
improvements not otherwise allowed under this rule.
R Transportation improvements on rural lands allowed by OAR 660-
012-0065
Utility/Solid Waste Disposal Facilities
11,16(a) or 11,16(a) or Utility facilities necessary for public service, including associated
(b) (b) transmission lines as defined in ORS 469.300 and wetland waste
treatment systems but not including commercial facilities for the
purpose of generating electrical power for public use by sale or
transmission towers over 200 feet high.
R5 R5 Transmission towers over 200 feet in height.
A A Irrigation reservoirs, canals, delivery lines and those structures and
accessory operational facilities, not including parks or other
recreational structures and facilities, associated with a district as
defined in ORS 540.505.
A32 A32 Utility facility service lines.
R5,17 R5,22 Commercial utility facilities for the purpose of generating power for
public use by sale, not including wind power generation facilities or
photovoltaic solar power generation facilities.
R5,37 R5,37 Wind power generation facilities as commercial utility facilities for the
purpose of generating power for public use by sale.
R5,38 R5,38 Photovoltaic solar power generation facilities as commercial utility
facilities for the purpose of generating power for public use by sale.
*18(a) R5 A site for the disposal of solid waste approved by the governing body
of a city or county or both and for which a permit has been granted
under ORS 459.245 by the Department of Environmental Quality
together with equipment, facilities or buildings necessary for its
operation.
18(a),29(a) A or Composting facilities on farms or for which a permit has been granted
R5,29(b) by the Department of Environmental Quality under ORS 459.245 and
OAR 340-093-0050 and 340-096-0060.
Parks/Public/quasi-Public
18 R5,40 Youth camps in Eastern Oregon on land that is composed
predominantly of class VI, VII or VIII soils.
2,*18(a) R2,5,18(b- Public or private schools for kindergarten through grade 12, including
or c) all buildings essential to the operation of a school, primarily for
R2,18(b-c) residents of the rural area in which the school is located.
2,*18(a) R2 Churches and cemeteries in conjunction with churches consistent
with ORS 215.441.
2,*18(a) R2,5,19 Private parks, playgrounds, hunting and fishing preserves, and
campgrounds.
6.'
R2,5,31 R2,5,31
Public parks and playgrounds. A public park may be established
consistent with the provisions of ORS 195.120.
A A
Fire service facilities providing rural fire protection services.
R2,5,36 R2,5,36
Community centers owned by a governmental agency or a nonprofit
organization and operated primarily by and for residents of the local
rural community.
R2,*18(a) R2,5,20
Golf courses on land determined not to be high -value farmland as
defined in ORS 195.300.
R2,5,21 R2,5,21
Living history museum
R2 R2
Firearms training facility as provided in ORS 197.770.
R2,25 R2,25
Armed forces reserve center as provided for in ORS 215.213(1)(s).
A A
Onsite filming and activities accessory to onsite filming for 45 days or
less as provided for in ORS 215.306.
R5 R5
Onsite filing and activities accessory to onsite filming for more than
45 days as provided for in ORS 215.306.
A26 A26
A site for the takeoff and landing of model aircraft, including such
buildings or facilities as may reasonably be necessary
R5 R5
Expansion of existing county fairgrounds and activities directly
relating to county fairgrounds governed by county fair boards
established pursuant to ORS 565.210.
R5 R5
Operations for the extraction of bottling water.
All All
Land application of reclaimed water, agricultural or industrial process
water or biosolids.
R5 R5
A county law enforcement facility that lawfully existed on August 20,
2002, and is used to provide rural law enforcement services primarily
in rural areas, including parole and post -prison supervision, but not
including a correctional facility as defined under ORS 162.135 as
provided for in ORS 215.283(1).
Outdoor Gatherings
A33 A33
An outdoor mass gathering or other gathering described in ORS
197.015(10)(d).
R34 R34 Any outdoor gathering subject to review of a county planning
commission under ORS 433.763.
(The numbers in the table above refer to the section numbers in OAR 660-033-0130)
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Oregon Secretary of State Administrative Rules Page I of 4
Division 6
GOAL 4 FOREST LANDS
660-006-0025
Uses Authorized in Forest Zones
(1.) Goal 4 requires that forest land be conserved. Forest lands are conserved by adopting and applying comprehensive
plan provisions and zoning regulations consistentwith the goals and this rule. In addition to forest practices and
operations and uses auxiliary to forest: practices, asset forth in ORS 527.722, the Commission has determined that five
general types of uses, as set forth in the goat, may be allowed in the forest environment, subject tothe standards in the
goal and in this rule. These general types of uses are:
(a) Uses related to and in support Offorest operations;
(b) Uses to conserve soil, air and water quality and to provide for fish and wildlife resources, agriculture and recreational
opportunities appropriate in a forest environment;
(c) LocaUenally-dependent uses, such as communication towers, mineral and aggregate resources, etc;
(cO Dwellings authorized by ORS 215.705 to 215.757 (ORS 215.757); and
(e) Other dwellings under prescribed conditions.
(2) The following uses pursuant to the Forest Practices Act (ORS chapter 527) and Goal 4 shall he allowed in for
zones:
(a) Forest operations or forestpi actices including, but not limited to, reforestation of forest land, road construction and
maintenance, harvesting of a for tree species, application of chemicals, and disposal of slash;
(b) Temporary on -site structures that are auxiliary to and used during the terin of a particular forest operation;
(c) Physical alterations to the land auxiliary to forest practices including, but not limited t.o,those made for purposes of
exploration, mining, commercial gravel oxh'action and processing, landfills, dams, reservoirs, road construction or
recreational facilities; and
(d) For the purposes of section (2) of this rule "auxuiary" means a use or alteration of a Sit ucture or land that provides
help or is directly associated with the conduct w a particular forest practice. An auxiliary structure is located on site,
temporary in nature, and is not designed to remain for the forest:'s entire growth cycle from planting to harvesting. An
auxiliary use is removed when a particular forest practice has concluded.
(3) The following uses may be allowed outright or forest lands:
(a) Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources;
(b) Farm use a,- defined in ORS 215,203;
(c) Local distribution lines (eg., electric, teleDhone, natural gas) and accessory equipment (e.g., electr9ec11stribution
transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that provides service hookups, including
water service hookups;
(d) Temporary portable facility for the primary processing of fo;-est products:
(e) Exploration for mineral acid aggregate resources as defined in ORS chapter 51.7;
(f) Private hunting and fishing operations without any lodging accommodations;
(g) Towers and fire stations for forest fit protection;
(h) Widening Offoads within existingrights-of-way in conformance with the transportation element of acknowledged
comprehensive plans and pubiic road and highway projects as described in ORS 215,21.30) and 21.5.283(1);
0) Water intake facilities, canals and distribution lines for farm irrigation and ponds;
(j) Caretaker residences for public: parks and public fish hatcheries;
(k) Uninhabitable structures accessory to fish and wildlife enhancement;
(1) Temporary forest labor camps;
(m) Exploration for and production of geothermal, gas, oil, and other associated hydrocarbons, including the placement
and operation of compressors, separators and other r_ustomary production equipment for art individual well adjacent to
the well head;
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Oregon Secretary of State Administrative Rules Page 2 of 4
In) Destination resorts reviewed and approved pursuant to ORS 197.435 to 197.467 and Goal $
(o)Alteration, restoration or replacement of a lawfully established dwelling that:
(A) Has intact exterior walls and roof structures;
(G) Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to asanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement, is removed, demolished or converted to an allowable nonresidential use within three
months of the completion of the replacement dwelling;
(p) An outdoor mass gathering as defined in ORS 433.735, subject to the provisions of ORS 433,735 to 433 770;
(q) Dump truck parking, as provided ir; ORS 215.311; and
(r) An agricultural building, as defined in ORS455,315, customarily provided in conjunction with farm use or forest use.
A person may not convert an agricultural building authorized by this section to another use.
(4) The following uses may he at lowed on forest lands subject to the review standards in section (5) of this rule:
(a) Permanent facility for the primary processing of for products that is:
(A) Located in a building or buildings that do not exceed 10.000 square feet in total floor area, or an outdoor area that
does not exceed one acre excluding laydown and storage yards, or a proportlonata combination of indoor and outdoor
areas; and
(5) Adequately separated from surrounding properties to reasonably mitigate noise, odor and other impacts generated
by the facility that adversely affect forest management and other existing, uses, as determined by the governing body;
(b) Permanent logging equipment repair and storage;
(c) Log scaling and weigh stations;
(d) Disposal site for solid waste approved by the governing body of a city or county or both and for which the Oregon
Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or
buildings necessary for its operation;
MIA) Private parks and earnpgrounds. Campgrounds in private parks shall only be those allowed by this subsection.
Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within three miles of an
urban growth boundary unless an exception is approved pursuant to ORS 197,732 and OAR chapter 660, division 4. A
campground is an area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not
for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor natural
amenity that: is accessible for recreational use by the occupants of the campground. A campground shall be designed and
integrated into the rural agricultural and forest environment in a manner that protects the natural amenities ofthe,-site
and provides buffers of existing native trees and vegetation or other natural features between campsites. Carpsites
may be occupied by a tent, travel trailer or recreational vehicle. Separate sewer, water or electric: service hook-ups shall
not be provided to individual camp sites. Campgrounds authorized by this rule shall not include intensively developed
recreational uses such as swimming pools, tennis courts, retail stores or gas st ations. Overnight temporary use in the
same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive six-month
period.
(B) Campsites may he occupied by a tent, travel trailer, yurt or recreational vehicle. Separate sewer, water, or electric
service hook-ups shall not be provided to individual camp sites except that electrical service may be provided to yurts
allowed for by paragraph (4)(e)(C) of this rule.
(C) Subject to the approval of the county governing body or its designee, a private campground may provide yurts for
overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include ayurt. The
yurt shall be located on the ground or on a wood floor with no permanent foundation. Upon request: of a county
governing body, the Commission may provide by rule for an increase in the number of yurts allowed on all or a portion of
the earnpgrounds in a county lfthe Commission determines that the increase will comply with the standards described
in ORS 215.296(1). As used in this rule, 'yurt" means a round, domed shelter of cloth or canvas on a collapsible frame
with no plumbing, sewage disposal hook-up or internal cooking appliance.
If) Public parks including only those uses specified under OAR 660-034.0035 or 660-034-0040, whichever is applicable;
(g) Mining and processing of oil, gas, or other subsurface resources. as defined in ORS chapter 520, and not otherwise
permitted under subsection (3)(m) of this rule (e.g., compressors, separators and storage serving multiple wells), and
mining and processing of aggregate and mineral resources as defined in ORS chapter 517:
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Oregon Secretary of State Administrative Rules Page 3 of 4
(h) Television.. microwave and radio communication facilities and transmission towers;
(i) Fire stations for For fire protection;
(D Commercial utility facilities for the purpose of generating power. A power generation facility shall not preclude more
than 10 acres from use as a commercial forest operation unless an exception is taken pursuant to OAR chapter 660,
division 4;
(k) Aids to navigation and aviation;
(1) Water intake facilities, related treatment facilities, pumping stations, and distribution lines;
(m) Reservoirs and water impoundments;
(n) Firearms training facility as provided in ORS 197.770(2);
(a) Cemeteries;
(p) Private seasonal accommodations for fee hunting operations may be allowed subject to section (5) of this ride, OAR
660-006-0029, and 660-006-0035 and the following requi! ements:
(A) Accommodations are limited to no more than 1.5 guest rooms as that term is defined in the Oregon St?(Actural
Specialty Code;
(B) Only minor Incidental and accessory retail sales are permitted;
(C) Acc0[YI(m0daUUrl5 are occupied temporarily for the purpose of hunting during either or both game bird or big game
hunting seasons authorized by the Or Fish and Wildlife Commission; and
(D) A governing body may impose other- appropriate conditions.
(q) New electric transmission lines with right of way widths of up to 100 Peet as specified in ORS 772.21.0. Neva
distribution lines (e.g., gas, oil, geothermal, telephone. fiber optic cable) with rights-ol 50 feet or less in width;
(r) Temporary asphalt and concrete batch plants as accessory uses to specific highway projects;
(s) Home occupations as defined in ORS 215,448;
(t) A manufactured dwelling or recreational vehicle, or the temporary residential use of an existing building, in
conjunction with an existing dwellurg as a tempos ry use for the term of a hardship suf lered by the existing resident or a
relative as defined in ORS 21.5.213 and 215,283, The manufactured dwelling shall use the same subsurface sewage
disposal system used by the existing dwelling, if that disposal system is adequate to accommodate the acid itionaI
dwelling. If the manufactured dwelling will use a public sanitary sewer system, such condition will not be required.
Within three months of the end oftl ie hardship, the manufactured dwelling or recreational vehicle shall be removed or
demolished or, in ill ccase of an existing building, the building shall be removed, demolished or returned to an allowed
nonresidential use. A temporary residence approved under this subsection is not eligible for replacement under
subsection (3)(o) of this rule. Governing bodies every two years shall review the permit authoilzzing such mobile homes,
When the hardships end, governing bodies or their designate shall require the removal of such mobile homes. Or
Department of Environmental Quality review and removal requirerr:ents also apply to such mobile homes. As used in
this section, "hardship" means a medical hardship or hardship for thc care of an aged or infirm person or per
(u) Expansion of existing airports;
M Public road and highway projects as described in ORS 215.213(2)(p) through (r) and (10) and 215.283(2)(q) through
(s) and (3);
(w) Private accommodations for fishing occupied on a temporary basis may be allowed subject: to section (5) of this rule,
CAR 600-060-0029 and 660-006-003.5 and the following requirements:
(A) Accommodations lirnited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty
Code;
(B) Only minor incidental and accessory retail sales are permitted;
(C) Accommodations occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon
Fish and Wildlife Commission;
(D) Accommodations roust be located within 114 mile of fish -bearing Cass I waters; and
(E) A governing body may impose other appropriate conditions.
(x) For e=_t management research and experimentation facilities as defined by ORS 526,215 or where accessory to forest
operations; and
(y) An outdoor mass gathering:
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Oregon Secretary of State Administrative Rules
Page 4 of 4
(A) Of more than 3,000 persons, any part of which is held outdoors and which continues or can reasonably be expected
to continue for a period exceeding that allowable for an outdoor n-,ass gathering as defined in ORS 433.735. In addition
to the review standards in section (5) of this rule, the county must rnake findings required by ORS 433.763(I)(c).
(M As defined by ORS 433,735, for which a county decides that a land use permit is required. In addition to findings
required by ORS 433.763(1), at county may, when determining review standards, include all, some, or none of the review
standards in section (5) of this rule.
(z) Storage structures for erergency supplies to serve communities and households that are located in tsunami
inundation zones, if:
(A) Areas within an urban growth boundary cannot reasonably accommodate the structures;
(6) The structures are located outside tsunami inundation zones and consistent with evacuation maps prepared by
Department of Geology and Mineral Industries (DOGAMI) or the local jurisdiction;
(C) Sites where the structures could be co -located with an existing use approved under this section are given preference
for consideration;
(D) The structures are of a number and size no greater than necessary to accommodate the anticipated emergency
needs of the population to be served;
(E) The structures are managed by a local government entity for the singjc purpose of providing for the temporary
emergency support needs of the public; and
(F) Written notification has been provided to the County Office of Emergency Management of the application for the
storage structures.
(5) A use authorized by section (4) of this rule may be allowed provided the following requirements or their equivalent
are met. These requirements are designed to rnake the use compatible with forest operations and agriculture and to
conserve values found on forest: lands:
(a) The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or
forest practices on agriculture or forest lands;
(b) The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs or
significantly increase risks to fire suppression personnel; and
(c) A written statement recorded with the deed or written contract with the county or its equivalent is obtained from
the land owner that recognizes the rights of adjacent and nearby land owners to conduct fares, operations consistent
with the For Practices Act and Rules for uses authorized in subsections (4)(e), (m), (s), (t) and (w) of this rule.
(6) Nothing in this rule relieves governing bodies from complying with other requirement contained in the
comprehensive plan or implementing ordinances such as the requirements addressing other resource. values (e.g., Goal
5) that exist on forest lands.
(Publications: publications referenced are available from the agency.]
Statutory/Other Authority: ORS 197.040, ORS 197.230 & ORS 197.245
Statutes/Other Implemented: ORS 197.040, ORS 197.230, ORS 197,245, ORS 215.700, ORS 215.705, ORS 215.720,
ORS 215.740, ORS 215.750, ORS 215,780 & 1993 OL Ch. 792
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Chapter 18.16. EXCLUSIVE FARM USE ZONES
18.16.010. Purpose.
18.16.020. Uses Permitted Outright.
18.16.023. Lawfully Established Dwelling Replacement
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC
Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable.
18.16.030. Conditional Uses Permitted - High Value and Non -high Value Farmland.
18.16.031. Nonresidential Conditional Uses on Non -high Value Farmland Only.
18.16.033. Nonresidential Conditional Uses on High Value Farmland Only.
18.16.035. Destination Resorts.
18.16.037. Guest Ranch.
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
18.16.040. Limitations on Conditional Uses.
18.16.042 Agri -Tourism and Other Commercial Events or Activities Limited Use Permit
18.16.043 Single Permit
18.16.050. Standards for Dwellings in the EFU Zones.
18.16.055. Land Divisions.
18.16.060. Dimensional Standards.
18.16.065. Subzones.
18.16.067. Farm Management Plans.
18.16.070. Yards.
18.16.080. Stream Setbacks.
18.16.090. Rimrock Setback.
18.16.010. Purpose.
A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve
as a sanctuary for farm uses.
B. The purposes of this zone are served by the land use restrictions set forth in the Comprehensive Plan and
in DCC 18.16 and by the restrictions on private civil actions and enforcement actions set forth in ORS
30.930 through 30.947.
(Ord. 95-007 §9, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991)
18.16.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright:
A. Farm use as defined in DCC Title 18.
B. Propagation or harvesting of a forest product.
C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction
relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b).
D. Accessory buildings customarily provided in conjunction with farm use.
E. Climbing and passing lanes within the right of way existing as of July 1, 1987.
F. Reconstruction or modification of public roads and highways, including the placement of utility facilities
overhead and in the subsurface of public roads and highways along the public right of way, but not
including the addition of travel lanes, where no removal or displacement of buildings would occur, or no
new land parcels result.
G. Temporary public road and highway detours that will be abandoned and restored to original condition or
use when no longer needed.
Chapter 18.16 1 (4/2021)
H. Minor betterment of existing public road and highway -related facilities such as maintenance yards, weigh
stations and rest areas, within a right of way existing as of July 1, 1987, and contiguous public owned
property utilized to support the operation and maintenance of public roads and highways.
1. Creation, restoration or enhancement of wetlands.
J. A lawfully established dwelling may be altered, restored or replaced, subject to DCC 18.16.023.
1. The replacement dwelling is subject to OAR 660-033-0130(30) and the County shall require as a
condition of approval of a single-family replacement dwelling that the landowner for the dwelling
sign and record in the deed records for the county a document binding the landowner, and the
landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action
alleging injury from farming or forest practices for which no action or claim is allowed under ORS
30.936 to 30.937.
K. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed on the
National Register of Historic Places and on the County inventory as a historic property as defined in ORS
358.480, and subject to 18.16.020(J)(1)above.
L. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except
as provided in DCC 18.120.050,
M. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or
structures that end at the point where the utility service is received by the customer and that are located
on one or more of the following:
1. A public right of way;
2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent
property owners has been obtained; or
3. The property to be served by the utility.
N. The land application of reclaimed water, agricultural process or industrial process water or biosolids, or
the onsite treatment of septage prior to the land application of biosolids, for agricultural, horticultural or
silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use zone,
subject to the issuance of a license, permit or other approval by the Department of Environmental Quality
under ORS 454.695, 459.205, 46813.053 or 46813.055, or in compliance with rules adopted under ORS
46813.095, and with the requirements of ORS 215.246 to 215.251. For the purposes of this section, onsite
treatment of septage prior to the land application of biosolids is limited to treatment using treatment
facilities that are portable, temporary and transportable by truck trailer, as defined in ORS 801.580, during
a period of time within which land application of biosolids is authorized under the license, permit or other
approval.
O. Fire service facilities providing rural fire protection services.
P. Operations for the exploration for and production of geothermal resources as defined by ORS 522.005
and oil and gas as defined by ORS 520.005, including the placement and operation of compressors,
separators and other customary production equipment for an individual well adjacent to the wellhead.
Any activities or construction relating to such operations shall not be a basis for an exception under ORS
197.732(2)(a) or (b).
Q. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC Chapter 8.16.
R. Composting operations thatt are accepted farming practices in conjunction with and auxiliary to farm use
on the subject tract as allowed under OAR 660-033-0130(29).
(Ord. 2021-004 §1, 2021; Ord. 2018-006 §5, 2018; Ord. 2016-015 §2, 2016; Ord. 2014-010 §1, 2014; Ord.
2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-
001 §2, 2004; Ord. 2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-007 §10,
1995; Ord. 92-065 §3, 1992; Ord. 91-038 § § 1 and 2, 1991; Ord. 91-024 §1, 1991; Ord. 91-020 §1, 1991; Ord.
91-005 §4, 1991; Ord. 91-002 §3, 1991; Ord. 86-007 §1, 1986; Ord. 81-025 §1, 1981; Ord. 81-001 §1, 1981)
18.16.023. Lawfully Established Dwelling Replacement.
Chapter 18.16 2 (4/2021)
A lawfully established dwelling may be altered, restored or replaced under DCC 18.16.020(J) above if, when
an application for a permit is submitted, the County finds to its satisfaction, based on substantial evidence
that:
A. The dwelling to be altered, restored or replaced met the following when an application for a permit is
submitted:
1. The dwelling has, or formerly had:
a. Intact exterior walls and roof structure;
b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary
waste disposal system;
c. Interior wiring for interior lights;
d. A heating system;
2. The dwelling was assessed as a dwelling for purposes of ad valorem taxation for the previous five
property tax years, or, if the dwelling has existed for less than five years, from that time; and
3. Notwithstanding (2) above, if the value of the dwelling was eliminated as a result of either of the
following circumstances, the dwelling was assessed as a dwelling unit until such time as the value of
the dwelling was eliminated:
a. The destruction (i.e. by fire or natural hazard), or demolition in the case of restoration of the
dwelling; or
b. The applicant establishes to the satisfaction of the County that the dwelling was improperly
removed from the tax roll by a person other than the current owner. "Improperly removed" means
that the dwelling has taxable value in its present state, or had taxable value when the dwelling
was first removed from the tax roll or was destroyed by fire or natural hazard, and the county
stopped assessing the dwelling even though the current or former owner did not request removal
of the dwelling from the tax roll.
B. For replacement of a lawfully established dwelling under DCC 18.16.020(J):
1. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential
use:
a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to
ORS 455.055 and DCC Chapter 15.04; or
b. If the dwelling to be replaced is, in the discretion of the County, in such a state of disrepair that
the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set
by the County that is not less than 90 days after the replacement permit is issued; and
c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant
must first obtain approval from the County for the new location.
2. The applicant must cause to be recorded in the deed records of the County a statement that the
dwelling to be replaced has been removed, demolished or converted.
3. Deed Restrictions.
a. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or
parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be
recorded in the deed records of the County a deed restriction prohibiting the siting of another
dwelling on that portion of the lot or parcel.
b. The restriction imposed is irrevocable unless the County Planning Director, or the Director's
designee, places a statement of release in the deed records of the County to the effect that the
provisions of 2013 Oregon Laws, chapter 462, section 2 and ORS 215.283 regarding replacement
dwellings have changed to allow the lawful siting of another dwelling.
4. The replacement dwelling:
a. May be sited on any part of the same lot or parcel; and
Chapter 18.16 3 (4/2021)
b. Must comply with applicable siting standards such as minimum setbacks. However, the
standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
c. Must comply with applicable building codes, plumbing codes, sanitation codes and other
requirements related to health and safety or to siting at the time of construction. However, the
standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
C. The siting standards of DCC 18.16.023(D) apply when a dwelling under DCC 18.16.020(J) qualifies for
replacement because the dwelling:
1. Formerly had the features described in DCC 18.16.023(A)(1)(a) through (d);
2. Was removed from the tax roll as described in DCC 18.16.023(A)(3); or
3. Had a permit that expired as described under DCC 18.16.023(E)(2)
D. The replacement dwelling per DCC 18.16.023(C) must be sited on the same lot or parcel:
1. Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line,
forest boundary or another natural boundary of the lot or parcel; and
2. If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area,
within a concentration or cluster of structures or within 500 yards of another structure.
3. Replacement dwellings that currently have the features described in DCC 18.16.023(A)(1)(a) through
(d) and that have been on the tax roll as described in 18.16.023(A)(2) may be sited on any part of the
same lot or parcel.
E. A replacement dwelling permit that is issued under DCC 18.16.020(J):
1. Is a land use decision as defined in ORS 197.015 where the dwelling to be replaced:
a. Formerly had the features described in DCC 18.16.023(A)(1)(a) through(d); or
b. Was removed from the tax roll as described in DCC 18.16.023(A)(3).
2. Is not subject to the time to act limits of ORS 215.417; and
3. If expired before January 1, 2014, shall be deemed to be valid and effective, if, before January 1,
2015, the holder of the permit:
a. Removes, demolishes or converts to an allowable nonresidential use the dwelling to be replaced;
and
b. Causes to be recorded in the deed records of the County a statement that the dwelling to be
replaced has been removed, demolished or converted.
F. A temporary residence approved under DCC 18.116,080 or 18.116.090 is not eligible for replacement
under this section.
(Ord. 2014-010 §1, 2014)
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC
Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable.
A. Dwellings customarily provided in conjunction with farm use (farm -related dwellings), subject to DCC
18.16.050.
B. A relative farm assistance dwelling, subject to DCC 18.16.050,
C. Religious institutions or assemblies and cemeteries in conjunction with religious institutions or
assemblies consistent with ORS 215.441 and OAR 660-033-0130(2) on non -high value farmland.
D. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the
existing use, subject to Oregon Administrative Rules 660-033-0130.
E. Utility facilities necessary for public service, including wetland waste treatment systems, but not
including commercial facilities for the purpose of generating electrical power for public use by sale and
transmission towers over 200 feet in height. A utility facility necessary for public service may be
established as provided in:
1. DCC 18.16.038(A); or
2. DCC 18.16.038(E) if the utility facility is an associated transmission line, as defined in ORS
Chapter 18.16 4 (4/2021)
469.300.
F. Winery, as described in ORS 215.452.
G. Farm stands, subject to DCC 18.16.038.
H. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be
reasonably necessary.
I. A facility for the processing of farm crops, or for the production of biofuel as defined in ORS 315.141,
if the facility is located on a farm operation that provides at least one -quarter of the farm crops processed
at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry products
pursuant to ORS 603.038.
1. if a building is established or used for the processing facility or establishment, the farm operator may
not devote more than 10,000 square feet of floor area to the processing facility or establishment,
exclusive of the floor area designated for preparation, storage or other farm use .
2. A processing facility or establishment must comply with all applicable siting standards but the
standards shall not be applied in a manner that prohibits the siting of the processing facility.
3. The County shall not approve any division of a lot or parcel that separates a processing facility or
establishment from the farm operation on which it is located.
J. Agri -tourism and other commercial events and activities subject to DCC 18.16.042.
K. Dog training classes or testing trials conducted outdoors or in farm buildings that existed on January 1,
2013, when:
1. The number of dogs participating in training does not exceed 10 per training class and the number
of training classes to be held on -site does not exceed six per day; and
2. The number of dogs participating in a testing trial does not exceed 60 and the number of testing
trials to be conducted on -site does not exceed four per calendar year.
(Ord. 2021-004 § 1, 2021; Ord. 2020-001 §3, 2020; Ord. 2016-015 §2, 2016; Ord. 2014-010 § 1, 2014; Ord.
2012-007 §2, 2012; Ord. 2012-004 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 § 1, 2009; Ord. 2008-
001 §2, 2008; Ord. 2004-001 §2, 2004)
18.16.030. Conditional Uses Permitted -High Value and Non -high Value Farmland.
The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or non -
high value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and
18.16.050, and other applicable sections of DCC Title 18.
A. Nonfarm dwelling.
B. Lot of record dwelling.
C. Residential home or facility, as defined in DCC 18.04.030, in existing dwellings.
D. A hardship dwelling, which can include one manufactured dwelling or recreational vehicle, in conjunction
with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident
or a relative of the resident.
E. Commercial activities that are in conjunction with farm use, but not including the processing of farm
crops as described in DCC 18.16.025.
F. Operations conducted for:
Mining and processing of geothermal resources as defined by ORS 522.005, and
Mining and processing of natural gas or oil as defined by ORS 520.005, not otherwise permitted under
DCC 18.16.020.
G. Expansion of an existing private park, playground, hunting and fishing preserve and campground on the
same tract as the existing use.
H. Public park and playground consistent with the provisions of ORS 195.120, and including only the uses
specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable.
Chapter 18.16 5 (4/2021)
1. Community centers owned by a governmental agency or a nonprofit organization and operated primarily
by and for residents of the local rural community.
l . A community center authorized under this section may provide services to veterans, including but not
limited to emergency and transitional shelter, preparation and service of meals, vocational and
educational counseling and referral to local, state or federal agencies providing medical, mental
health, disability income replacement and substance abuse services, only in a facility that is in
existence on January 1, 2006.
2. The services may not include direct delivery of medical, mental health, disability income replacement
or substance abuse services.
J. Transmission towers over 200 feet in height.
K. Commercial utility facility, including a hydroelectric facility (in accordance with DCC 18.116.130 and
18.128.260, and OAR 660-033-0130), for the purpose of generating power for public use by sale, not
including wind power generation facilities.
L. Personal use airport for airplanes and helicopter pads, including associated hangar, maintenance and
service facilities. A personal use airport as used in DCC 18.16.030 means an airstrip restricted, except
for aircraft emergencies, to use by the owner, and, on an infrequent and occasional basis, by invited guests,
and by commercial aviation activities in connection with agricultural operations.
M. Home Occupation, subject to DCC 18.116.280.
1. The home occupation shall:
a. be operated substantially in the dwelling or other buildings normally associated with uses
permitted in the EFU zone;
b. be operated by a resident or employee of a resident of the property on which the business is
located; and
c. employ on the site no more than five full-time or part-time persons.
2. The home occupation shall not unreasonably interfere with other uses permitted in the EFU zone.
N. A facility for the primary processing of forest products, provided that such facility is found to not seriously
interfere with accepted farming practices and is compatible with farm uses described in ORS 213.203(2).
1. The primary processing of a forest product, as used in DCC 18.16.030, means the use of a portable
chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable
its shipment to market.
2. Forest products, as used in DCC 18.16.030, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
O. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not
resulting in the creation of new land parcels.
P. Reconstruction or modification of public roads and highways involving the removal or displacement of
buildings, but not resulting in the creation of new land parcels.
Q. Improvement of public road and highway -related facilities such as maintenance yards, weigh stations and
rest areas, where additional property or right of way is required, but not resulting in the creation of new
land parcels.
R. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the
jurisdiction of the State Fish and Wildlife Commission or insect species.
1. Insect species shall not include any species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture.
2. The county shall provide notice of all applications under this section to the State Department of
Apiculture.
3. Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20 calendar
days prior to any administrative decision or initial public hearing on the application.
S. Room and board arrangements for a maximum of five unrelated persons in an existing residence. If
approved, this use is subject to the recording of the statement listed in DCC 18.16.020(J)(1).
Chapter 18,16 6 (4/2021)
T. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland.
U. Roads, highways and other transportation facilities, and improvements not otherwise allowed under DCC
18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is first granted under
state law. Transportation uses and improvements may be authorized under conditions and standards as
set forth in OAR 660-012-0035 and 660-012-0065.
V. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of
irrigation systems operated by an Irrigation District, including the excavation and mining for facilities,
ponds, reservoirs, and the off -site use, storage, and sale of excavated material.
W. A living history museum.
X. Operations for the extraction and bottling of water.
Y. Transportation improvements on rural lands allowed by OAR 660-012-0065.
Z. Expansion of existing county fairgrounds and activities relating to county fairgrounds governed by county
fair boards established pursuant to ORS 565.210.
AA. Extended outdoor mass gatherings, subject to DCC 8.16.
BB. A landscape contracting business, as defined in ORS 671.520, or a business providing landscape
architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the
growing and marketing of nursery stock on the land that constitutes farm use.
CC. Wind power generation facilities as commercial utility facilities for the purpose of generating power for
public use by sale, subject to OAR 660-033-0130.
DD. Photovoltaic solar power generation facilities as commercial utility facilities for the purpose of generating
power for public use by sale, subject to OAR 660-033-0130. On high -value farmland only, photovoltaic
solar power generation facilities are subject to the provisions in ORS 215.447.
EE. Commercial dog boarding kennel, or dog training classes or testing trials that exceed the standards under
DCC 18.16.025(K), subject to DCC 18.16.040(A)(1 and 2).
FF. Equine and equine -affiliated therapeutic and counseling activities, provided:
1. The activities are conducted in existing buildings that were lawfully constructed on the property
before the effective date of January 1, 2019 or in new buildings that are accessory, incidental and
subordinate to the farm use on the tract; and
2. All individuals conducting therapeutic or counseling activities are acting within the proper scope
of any licenses required by the state.
(Ord. 2018-006 §5, 2018; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord.
2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord. 2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030
§1, 1998; Ord. 95-025 §1, 1995; Ord. 95-007 §11, 1995; Ord. 94-008 §9, 1994; Ord. 92-065 §3, 1992; Ord.
91-03 8 §2, 1991; Ord. 91-020 §1, 1991; Ord. 91-014 §1, 1991; Ord. 91-005 §5, 1991; Ord. 90-018 §1, 1990;
Ord. 90-014 §§23 and 31, 1991; Ord. 87-013 §1, 1987; Ord. 86-018 §3, 1986; Ord. 83-028 §1, 1983)
18.16.031. Conditional Uses on Non -high Value Farmland Only.
The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that constitute non -high
value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18,16.040 and other
applicable sections of DCC Title 18.
A. A disposal site which includes a land disposal site approved by the governing body of a city or County or
both and for which a permit has been granted under ORS 459.245 by the Department of Environmental
Quality together with equipment, facilities or buildings necessary for its operation.
B. Golf course and accessory golf course uses as defined in DCC Title 18 on land determined not to be high
value farmland, as defined in ORS 195.300.
C. Except for those composting facilities that are a farm use as allowed under DCC 18.16.020, composting
operations and facilities for which a permit has been granted by the Oregon Department of Environmental
Quality under OAR 340-093-0050 and 340-096-0060.
Chapter 18.16 7 (4/2021)
I . Buildings and facilities used in conjunction with the composting operation shall only be those
required for the operation of the subject facility.
2. On -site sales shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size that are
transported in one vehicle.
3. A composting facility use shall be subject to DCC 18.16.040(I).
D. Private parks, playgrounds, hunting and fishing preserves and campgrounds.
E. Public or private schools for kindergarten through grade 12, including all buildings essential to the
operation of a school, primarily for residents of the rural area in which the school is located, subject to the
applicable Oregon Administrative Rules.
(Ord. 2020-007 §9, 2020; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord.
2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord. 95-007 §12, 1995)
18.16.033. Conditional Uses on High Value Farmland Only.
In addition to those uses listed in DCC 18.16.030 above, the following uses may be allowed on tracts in the
Exclusive Farm Use Zones that constitute high value farmland subject to applicable provisions of the
Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18.
A. Maintenance, enhancement or expansion of a site for the disposal of solid waste approved by the County
for which a permit has been granted under ORS 459.245 by the Oregon Department of Environmental
Quality together with equipment, facilities or buildings necessary for its operation, subject to other
requirements of law. New such sites are prohibited.
B. Maintenance, enhancement or expansion of golf course and accessory golf course uses as defined in DCC
Title 18 existing as of March 1, 1994, subject to other requirements of law. New such uses are prohibited.
Expanded courses may not exceed 36 holes total.
C. Additions or expansions to existing public or private schools on high value farmland, for kindergarten
through grade 12, including all buildings essential to the operation of a school, subject to the applicable
Oregon Administrative Rules.
(Ord. 2014-010 §1, 2014; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord.
95-007 § 13, 1995)
18.16.035. Destination Resorts.
Destination resorts may be allowed, where mapped, as a conditional use, subject to all applicable standards of
the Destination Resort Zone.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 § 3, 1992; Ord. 92-004 § 3, 1992)
18.16.037. Guest Ranch.
A. A guest ranch may be established in conjunction with an existing and continuing livestock operation,
using accepted livestock practices that qualifies as a farni use under DCC 18.04.030, subject to the
applicable provisions set forth in DCC 18.16.040(A)(1), (2) and (3), the applicable provisions of DCC
18.128, and the provisions of the applicable Oregon Revised Statutes. A guest ranch shall not be located
within the boundaries of or surrounded by:
(1) A federally designated wilderness area or a wilderness study area:
(2) A federally designated wildlife refuge;
(3) A federally designated area of critical environmental concern; or
(4) An area established by an Act of Congress for the protection of scenic or ecological resources.
B. "Guest ranch" means a facility for overnight guest lodging units, including passive recreational activities
and food services, as set forth in ORS 215 that are incidental and accessory to an existing livestock
operation that qualifies as a farm use under DCC 18.04.030.
Chapter 18.16 8 (4/2021)
C. A guest lodging unit means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient
overnight lodging and not for permanent residence accommodations.
D. For the purposes of DCC 18.16.037, "livestock" means cattle, sheep, horses, and bison.
E. A proposed division of land in an exclusive farm use zone for a guest ranch or a division of a lot or parcel
that separates a guest ranch from the dwelling of the person conducting the livestock operation shall not
be allowed.
F. Notwithstanding DCC 18.16.055, a proposed division of land in an exclusive farm use zone for a guest
ranch shall not be allowed.
(Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 § 1, 2009; Ord. 2001-043 § 1, 2001; Ord.
98-056 §1, 1998)
Note: DCC 18.16.037 will be repealed April 15, 2020 (Ord. 2018-006 §5, 2018; Ord. 2012-007 §2, 2012;
Ord. 2010-017 §1, 2010).
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
A. A utility facility necessary for public use allowed under DCC 18.16.025 shall be one that must be sited -in
an agricultural zone in order for service to be provided. To demonstrate that a utility facility is necessary,
an applicant must show that reasonable alternatives have been considered and that the facility must be
sited in an exclusive farm use zone due to one or more of the following factors:
1. Technical and engineering feasibility;
2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must
cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct
route or to meet unique geographical needs that cannot be satisfied on other lands;
3. Lack of available urban and nonresource lands;
4. Availability of existing rights of way;
5. Public health and safety; and
6. Other requirements of state and federal agencies.
7. Costs associated with any of the factors listed in 1-6 above may be considered, but cost alone may
not be the only consideration in determining that a utility facility is necessary for public service. Land
costs shall not be included when considering alternative locations for substantially similar utility
facilities that are not substantially similar.
8. The owner of a utility facility approved under this section shall be responsible for restoring, as nearly
as possible, to its former condition any agricultural land and associated improvements that are
damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility.
Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other
security from a contractor or otherwise imposing on a contractor the responsibility for restoration.
9. In addition to the provisions of 1-6 above, the establishment or extension of a sewer system as defined
by OAR 660-011-0060(1)(0 in an exclusive farm use zone shall be subject to the provisions of OAR
660-011-0060.
10. The provisions above do not apply to interstate gas pipelines and associated facilities authorized by
and subject to regulation by the Federal Energy Regulatory Commission.
11. The County shall impose clear and objective conditions on an application for utility facility siting to
mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to
farm use, in order to prevent a significant change in accepted farm practices or a significant increase
in the cost of farm practices on surrounding farmlands.
12. Utility facilities necessary for public service may include on -site and off -site facilities for temporary
workforce housing for workers constructing a utility facility. Such facilities must be removed or
converted to an allowed use under OAR 660-033-0130(19) or other statute or rule when project
construction is complete. Off -site facilities allowed under this provision are subject to OAR 660-
033-0130(5). Temporary workforce housing facilities not included in the initial approval may be
Chapter 18.16 9 (4/2021)
considered through a minor amendment request. A minor amendment request shall have no effect on
the original approval.
B. Wineries are subject to the following:
1. A winery, authorized under DCC 18.16.025 is a facility that produces wine with a maximum annual
production of
a. Less than 50,000 gallons and:
i. Owns an on -site vineyard of at least 15 acres;
ii. Owns a contiguous vineyard of at least 15 acres;
iii. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a
vineyard contiguous to the winery; or
iv. Obtains grapes from any combination of i, ii, or iii of this subsection; or
b. At least 50,000 gallons and the winery:
i. Owns an on -site vineyard of at least 40 acres;
ii. Owns a contiguous vineyard of at least 40 acres;
iii. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a
vineyard contiguous to the winery;
iv. Owns an on -site vineyard of at least 15 acres on a tract of at least 40 acres and owns at least
40 additional acres of vineyards in Oregon that are located within 15 miles of the winery site;
or
v. Obtains grapes from any combination of i, ii, iii, or iv of this subsection.
2. In addition to producing and distributing wine, a winery established under this section may:
a. Market and sell wine produced in conjunction with the winery.
b. Conduct operations that are directly related to the sale or marketing of wine produced in
conjunction with the winery, including:
i. Wine tastings in a tasting room or other location on the premises occupied by the winery;
ii. Wine club activities;
iii. Winemaker luncheons and dinners;
iv. Winery and vineyard tours;
v. Meetings or business activities with winery suppliers, distributors, wholesale customers and
wine -industry members;
vi. Winery staff activities;
vii. Open house promotions of wine produced in conjunction with the winery; and
viii. Similar activities conducted for the primary purpose of promoting wine produced in
conjunction with the winery.
c. Market and sell items directly related to the sale or promotion of wine produced in conjunction
with the winery, the marketing and sale of which is incidental to on -site retail sale of wine,
including food and beverages:
i. Required to be made available in conjunction with the consumption of wine on the premises
by the Liquor Control Act or rules adopted under the Liquor Control Act; or
ii. Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this
subsection.
d. Carry out agri-tourism or other commercial events on the tract occupied by the winery subject to
subsections of this section.
e. Host charitable activities for which the winery does not charge a facility rental fee.
3. On -site kitchen.
a. A winery may include on -site kitchen facilities licensed by the Oregon Health Authority under
ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (2)(c)
of this section.
Chapter 18.16 10 (4/2021)
b. Food and beverage services authorized under subsection (2)(c) of this section may not utilize
menu options or meal services that cause the kitchen facilities to function as a cafe or other dining
establishment open to the public.
4. The gross income of the winery from the sale of incidental items or services provided pursuant to
subsection (2)(c) to (e) of this section may not exceed 25 percent of the gross income. from the on -
site retail sale of wine produced in conjunction with the winery.
a. The gross income of the winery does not include income received by third parties unaffiliated
with the winery.
b. At the request of the County, who has land use jurisdiction over the site of a winery, the winery
shall submit to the County a written statement that is prepared by a certified public accountant
and certifies the compliance of the winery with this subsection for the previous tax year.
5. A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the
tract occupied by the winery.
6. If a winery approved under DCC 18.16.038(B)(5) conducts agri-tourism or other commercial events,
the winery may not conduct agri-tourism or other commercial events or activities authorized under
Deschutes County Code 18.16.042.
7. Gross Income.
a. The gross income of the winery from any activity other than the production or sale of wine may
not exceed 25 percent of the gross income from the on -site retail of wine produced in conjunction
with the winery.
b. The gross income of the winery does not include income received by third parties unaffiliated
with the winery.
c. The winery shall submit to the Deschutes County Community Development Department a written
statement, prepared by a certified public accountant that certifies compliance with this section for
the previous tax year by April 15 of each year in which private events are held.
8. A winery operating under this section shall provide parking for all activities or uses on the lot, parcel
or tract on which the winery is established.
9. Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that
vineyards described in subsections (13)(1) of this section have been planted or that the contract for the
purchase of grapes has been executed, as applicable.
10. The siting of a winery shall be subject to the following standards:
a. Establishment of a setback of at least 100 feet from all property lines for the winery and all public
gathering places, unless the County grants an adjustment or variance allowing a setback of less
than 100 feet.
b. Shall comply with DCC Chapter 18.80, Airport Safety Combining Zone, and DCC 18.116.180,
Building Setbacks for the Protection of Solar Access.
11. As used in this section, "private events" includes, but is not limited to, facility rentals and celebratory
gatherings.
12. The winery shall have direct road access and internal circulation.
13. A winery is subject to the following public health and safety standards:
a. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand
washing stations.
b. No event, gathering or activity may begin before 7:00 a.m. or end after 10:00 p.m., including set-
up and take -down of temporary structures.
c. Noise control.
i. All noise, including the use of a sound producing device such as, but not limited to, loud
speakers and public address systems, musical instruments that are amplified or unamplified,
shall be in compliance with applicable state regulations.
Chapter 1.8.16 11 (4/2021)
ii. A standard sound level meter or equivalent, in good condition, that provides a weighted
sound pressure level measured by use of a metering characteristic with an "A" frequency
weighting network and reported as dBA shall be available on -site at all times during private
events.
d. Adequate traffic control must be provided by the property owner to address the
following:
i. There shall be one traffic control person for each 250 persons expected or
reasonably expected to be in attendance at any time.
ii. All traffic control personnel shall be certified by the State of Oregon and shall
comply with the current edition of the Manual of Uniform Traffic Control Devices.
e. Structures.
i. All permanent and temporary structures and facilities are subject to fire, health and life safety
requirements, and shall comply with all requirements of the Deschutes County Building
Safety Division and the Environmental Soils Division and any other applicable federal, state
and local laws.
ii. Compliance with the requirements of the Deschutes County Building Safety Division shall
include meeting all building occupancy classification requirements of the State of Oregon
adopted building code.
f. Inspection of event premises authorization. The applicant shall provide in writing a consent to
allow law enforcement, public health, and fire control officers to come upon the premises for
which the Limited Use Permit has been granted for the purposes of inspection and enforcement
of the terms and conditions of the permit and DCC Chapter 18.16 Exclusive Farm Use Zone and
DCC Chapter 8.08 Noise Control, and any other applicable laws or ordinances.
C. Farm stands are subject to the following:
1. The structures are designed and used for the sale of farm crops or livestock grown on the farm
operation, or grown on the farm operation and other farm operations in the local agricultural area,
including the sale of retail incidental items and fee -based activity to promote the sale of farm crops
or livestock sold at the fatnz stand, if the annual sales of the incidental items and fees from promotional
activity do not inake up more than 25 percent of the total annual sales of the farm stand; and
2. The farm stand does not include structures designed for occupancy as a residence or for activities
other than the sale of farm crops or livestock, and does not include structures for banquets, public
gatherings or public entertainment.
3. As used in this section, "farm crops or livestock" includes both fresh and processed farm crops and
livestock grown on the farm operation, or grown on the farm operation and other farm operations in
the local agricultural area.
4. As used in this subsection, "processed crops and livestock" includes jams, syrups, apple cider, animal
products and other similar farm crops and livestock that have been processed and converted into
another product but not prepared food items.
5. As used in this section, "local agricultural area" includes Oregon or an adjacent county in
Washington, Idaho, Nevada or California that borders the Oregon county in which the farm stand is
located.
D. A site for the takeoff and landing of model aircraft is subject to the following:
1. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent
foundation unless the building of facility preexisted the use approved under this section.
a. The site shall not include an aggregate surface or hard surface area, unless the surface preexisted
the use approved under this section.
b. An owner of property used for the purpose authorized in this section may charge a person
operating the use on the property rent for the property.
Chapter 18.16 12 (4/2021)
c. An operator may charge users of the property a fee that does not exceed the operator's cost to
maintain the property, buildings and facilities.
d. As used in this section, "model aircraft" means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by radio,
lines or design by a person on the ground.
E. An associated transmission line is necessary for public service if an applicant for approval under DCC
18.16.025 demonstrates that the line meets either the requirements of 1 or 2 below.
1. The entire route of the associated transmission line meets at least one of the following requirements:
a. The associated transmission line is not located on high -value farmland, as defined in ORS
195.300, or on arable land;
b. The associated transmission line is co -located with an existing transmission line;
c. The associated transmission line parallels an existing transmission line corridor with the
ininimum separation necessary for safety; or
d. The associated transmission line is located within an existing right of way for a linear facility,
such as a transmission line, road or railroad, that is located above the surface of the ground.
2. After an evaluation of reasonable alternatives, the entire route of the associated transmission line
meets, subject to DCC 18.16.038(E)(3) and (4) below, two or more of the following factors:
a. Technical and engineering feasibility;
b. The associated transmission line is locationally-dependent because the associated transmission
line must cross high -value farmland, as defined in ORS 195.300, or arable land to achieve a
reasonably direct route or to meet unique geographical needs that cannot be satisfied on other
lands;
c. Lack of an available existing right of way for a linear facility, such as a transmission line, road
or railroad, that is located above the surface of the ground;
d. Public health and safety, or
e. Other requirements of state or federal agencies.
3. As pertains to DCC 18.16.038(E)(2), the applicant shall present findings to the County on how the
applicant will mitigate and minimize the impacts, if any, of the associated transmssion line on
surrounding lands devoted to farm use in order to prevent a significant change in accepted farm
practices or a significant increase in the cost of farm practices on the surrounding farmland.
4. The County may consider costs associated with any of the factors listed in DCC 18.16.038(E)(2)
above, but consideration of cost may not be the only consideration in determining whether the
associated transmission line is necessary for public service.
(Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2012-004 §2, 2012; Ord. 2010-022 §2, 2010; Ord.
2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004)
18.16.040. Limitations on Conditional Uses.
A. Conditional uses permitted by DCC 18.16.030, 18.16.031, and 18.16.033 may be established subject to
ORS 215.296, applicable provisions in DCC 18.128, and upon a finding by the Planning Director or
Hearings Body that the proposed use:
1. Will not force a significant change in accepted faun or forest practices as defined in ORS
215.203(2)(c) on surrounding lands devoted to farm or forest uses; and
2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands
devoted to farm or forest use; and
3. That the actual site on which the use is to be located is the least suitable for the production of farm
crops or livestock.
B. A commercial activity allowed under DCC 18.16.030(E) shall be associated with a farm use occurring on
the parcel where the commercial use is proposed. The commercial activity may use, process, store or
market farm products produced outside of Deschutes County.
Chapter 18.16 13 (4/2021)
C
!"
A power generation facility that is part of a commercial utility facility for the put -pose of generating power -
for public use by sale identified in DCC 18.16.030(K) and:
1. That is located on high -value farmland, the permanent features of which shall not preclude more than
12 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to
ORS 197.732 and Oregon Administrative Rules 660, Division 004.
2. That is located on non -high -value farmland, the permanent features of which shall not preclude more
than 20 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant
to ORS 197.732 and Oregon Administrative Rules 660, Division 4.
3. A power generation facility may include on -site and off -site facilities for temporary workforce
housing as allowed under OAR 660-033-0130(17) and (22)
A wind power generation facility includes, but is not limited to, the following system components: all
wind turbine towers and concrete pads, permanent meteorological towers and wind measurement devices,
electrical cable collection systems connecting wind turbine towers with the relevant power substation,
new or expanded private roads (whether temporary or permanent) constructed to serve the wind power
generation facility, office and operation and maintenance buildings, temporary lay -down areas and all
other necessary appurtenances, including but not limited to on -site and off -site facilities for temporary
workforce housing for workers constructing a wind power generation facility. Such facilities must be
removed or converted to an allowed use under OAR 660-033-0130(19) or other statute or rule when
project construction is complete. Temporary workforce housing facilities not included in the initial
approval may be considered through a minor amendment request filed after a decision to approve a power
generation facility. A minor amendment request shall be subject to OAR 660-033-0130(5) and shall have
no effect on the original approval. A proposal for a wind power generation facility shall be subject to the
following provisions:
1. For high value farmland soils described in ORS 195.300(10), that all of the following are satisfied:
a. Reasonable alternatives have been considered to show that siting the wind power generation
facility or component thereof on high -value farmland soils is necessary for the facility or
component to function properly or if a road system or turbine string must be placed on such soils
to achieve a reasonably direct route considering the following factors:
i. Technical and engineering feasibility;
ii. Availability of existing rights of way; and
iii. The long term environmental, economic, social and energy consequences of siting the
facility or component on alternative sites, as determined under OAR 660-033-
0130(37)(a)(B);
b. The long-term environmental, economic, social and energy consequences resulting from the wind
power generation facility or any component thereof at the proposed site with measures designed
to reduce adverse impacts are not significantly more adverse than would typically result from the
same proposal being located on other agricultural lands that do not include high -value farmland
soils;
c. Costs associated with any of the factors listed in OAR 660-033-0130(37)(a)(A) may be
considered, but costs alone may not be the only consideration in determining that siting any
component of a wind power generation facility on high -value farmland soils is necessary;
d. The owner of a wind power generation facility approved under OAR 660-033-0130(37)(a) shall
be responsible for restoring, as nearly as possible, to its fortner condition any agricultural land
and associated improvements that are damaged or otherwise disturbed by the siting, maintenance,
repair or reconstruction of the facility. Nothing in this section shall prevent the owner of the
facility from requiring a bond or other security from a contractor or otherwise imposing on a
contractor the responsibility for restoration; and
e. The criteria of OAR 660-033-0130(37)(b) are satisfied.
Chapter 18.16 14 (4/2021)
2. For arable lands, meaning lands that are cultivated or suitable for cultivation, including high -value
farmland soils described at ORS 195.300(10), the governing body or its designated must find that:
a. The proposed wind power facility will not create unnecessary negative impacts on agricultural
operations conducted on the subject property. Negative impacts could include, but are not limited
to, the unnecessary construction of roads, dividing a field or multiple fields in such a way that
creates small or isolated pieces of property that are more difficult to farm, and placing wind farm
components such as meteorological towers on lands in a manner that could disrupt common and
accepted farming practices;
b. The presence of a proposed wind power facility will not result in unnecessary soil erosion or loss
that could limit agricultural productivity on the subject property. This provision may be satisfied
by the submittal and county approval of a soil and erosion control plan prepared by an adequately
qualified individual, showing how unnecessary soil erosion will be avoided or remedied and how
topsoil will be stripped, stockpiled and clearly marked. The approved plan shall be attached to
the decision as a condition of approval;
c. Construction or maintenance activities will not result in unnecessary soil compaction that reduces
the productivity of soil for crop production. This provision may be satisfied by the submittal and
county approval of a plan prepared by an adequately qualified individual, show unnecessary soil
compaction will be avoided or remedied in a timely manner through deep soil decompaction or
other appropriate practices. The approved plan shall be attached to the decision as a condition of
approval;
d. Construction or maintenance activities will not result in the unabated introduction or spread of
noxious weeds and other undesirable weeds species. This provision may be satisfied by the
submittal and county approval of a weed control plan prepared by an adequately qualified
individual that includes a long-term maintenance agreement. The approved plan shall be attached
to the decision as a condition of approval.
3. For nonarable lands, meaning lands that are not suitable for cultivation, the governing body or its
designate must find that the requirements of OAR 660-033-0130(37)(b)(D) are satisfied.
4. In the event that a wind power generation facility is proposed on a combination of arable and
nonarable lands as described in OAR 660-033-0130(37)(b) and (c) the approval criteria of OAR 660-
033-0130(37)(b) shall apply to the entire project.
E. No aircraft may be based on a personal -use airport identified in DCC 18.16.030(L) other than those owned
or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may
be granted through waiver action by the Oregon Department of Aviation in specific instances. A personal
use airport lawfully existing as of September 13, 1975, shall continue to be permitted subject to any
applicable rules of the Oregon Department of Aviation.
F. The facility for the primary processing of forest products identified in DCC 18.16.030 is intended to be
portable or temporary in nature. Such a facility may be approved for a one-year period which is
renewable.
G. Batching and blending mineral and aggregate into asphaltic cement may not be authorized within two
miles of a planted vineyard. Planted vineyard means one or more vineyards totaling 40 acres or more that
are planted as of the date of the application for bat
H. Accessory uses for golf courses shall be limited in size and orientation on the site to serve the needs of
persons and their guests who patronize the golf course to golf. An accessory use that provides commercial
services (e.g., pro shop, etc.) shall be located in the clubhouse rather than in separate buildings. Accessory
uses may include one or more food and beverage service facilities in addition to food and beverage service
facilities located in a clubhouse. Food and beverage service facilities must be part of and incidental to the
operation of the golf course and must be limited in size and orientation on the site to service only the
needs of persons who patronize the golf course and their guests. Accessory food and beverage service
Chapter 18.16 15 (4/2021)
facilities shall not be designed for or include structures for banquets, public gatherings or public
entertainment.
I. An expansion of an existing golf course as allowed under DCC 18.16.033(C) shall comply with the
definition of "golf course" set forth in DCC Title 18 and the provisions of DCC 18.16.040(A).
I An applicant for a nonfarm conditional use may demonstrate that the standards for approval will be
satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective.
K. For purposes of approving a conditional use permit for a lot of record dwelling under DCC 18.16.030, the
soil class, soil rating or other soil designation of a specific lot or parcel may be changed if the property
owner:
1. Submits a statement of agreement from the Natural Resources Conservation Service of the United
States Department of Agriculture that the soil class, soil rating or other soil designation should be
adjusted based on new information; or
2. Submits a report from a soils scientist whose credentials are acceptable to the Oregon Department of
Agriculture that the soil class, soil rating or other soil designation should be changed; and
3. Submits a statement from the Oregon Department of Agriculture that the Director of Agriculture or
the director's designee has reviewed the report described in 2 above and finds the analysis in the
report to be soundly and scientifically based.
4. The soil classes, soil ratings or other soil designations used in or made pursuant to this definition are
those of the MRCS in its most recent publication for that class, rating or designation before November
4, 1993, except for changes made pursuant to subsections 1-3 above.
5. For the purposes of approving a land use application under OAR 660-033-0090, 660-033-0120, 660-
033-0130 and 660-033-0135, soil classes, soil ratings or other soil designations used in or made
pursuant to this definition are those of the NRCS in its most recent publication for that class, rating
or designation.
I.. Except on a lot or parcel contiguous to a lake or reservoir, a private campground shall not be allowed
within three mules of an urban growth boundary unless an exception is approved pursuant to ORS 197.732
and OAR chapter 660, division 004.
a. A private campground may provide yurts for overnight camping. No more than one-third or a
maximum of 10 campsites, whichever is smaller, may include a yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. As used in this paragraph, "yurt" means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
d. A campground shall be designed and integrated into the rural agricultural and forest environment in
a. manner that protects the natural amenities of the site and provides buffers of existing native trees
and vegetation or other natural features between campsites.
M. A living history museum shall be related to resource based activities and be owned and operated by a
governmental agency or a local historical society.
a. A living history museum may include limited commercial activities and facilities that are directly
related to the use and enjoyment of the museum and located within authentic buildings of the
depicted historic period or the museum administration building, if areas other than an exclusive
farm use zone cannot accommodate the museum and related activities, or if the museum
administration buildings and parking lot are located within one -quarter mile of an urban growth
boundary.
b. As used in this paragraph, a "living history museum" means a facility designed to depict and interpret
everyday life and culture of some specific historic period using authentic buildings, tools, equipment
and people to simulate past activities and events; and "local historical society" means the local historic
society recognized by the County and organized under- OR Chapter 65.
N. Pre -Application Conference
Chapter 18.16 16 (4/2021)
1. Before an applicant may submit an application under DCC Chapter 22.08 and DCC 18.16.031(C),
for land use approval to establish or modify a disposal site for composting that requires a permit
issued by the Oregon Department of Environmental Quality, the applicant shall:
a. Request and attend a pre -application conference described in DCC 18.16.040(N)(3);
b. Hold a pre -application community meeting described in DCC 18.16.040(N)(6).
2. DCC 18.16.040(N)(1)(a) and (b) apply to an application to:
a. Establish a disposal site for composting that sells, or offers for sale, resulting product; or
b. Allow an existing disposal site for composting that sells, or offers for sale, resulting product to:
i. Accept as feedstock non -vegetative materials, including dead animals, meat, dairy products
and mixed food waste; or
ii. Increase the permitted annual tonnage of feedstock used by the disposal site by an amount
that requires a new land use approval.
3. During the pre -application conference:
a. The applicant shall provide information about the proposed disposal site for composting and
proposed operations for composting and respond to questions about the site and operations;
b. The County and other representatives described in DCC 18.16.040(N)(5) shall inform the
applicant of permitting requirements to establish and operate the proposed disposal site for
composting and provide all application materials to the applicant.
4. The applicant shall submit a written request to the County to request a pre -application conference.
5. A representative of the Planning Division and a representative of the Oregon Department of
Environmental Quality shall attend the conference along with representatives, as determined
necessary by the County, of the following entities:
a. Any other state agency or local government that has authority to approve or deny a permit, license
or other certification required to establish or operate the proposed disposal site for composting;
b. A state agency, a local government or a private entity that provides or would provide one or more
of the following to the proposed disposal site for composting:
i. Water systems;
ii. Wastewater collection and treatment systems, including storm drainage systems.
iii. Transportation systems or transit services;
c. A city or county with territory within its boundaries that may be affected by the proposed disposal
site for composting;
d. The Department of Land Conservation and Development;
e. The State Department of Agriculture;
5. The County shall:
a. Provide notice of the pre -application conference to entities described in DCC 18.16.040(N)(5) by
mail and, as appropriate, in any other manner that ensures adequate notice and opportunity to
participate;
b. Hold the pre -application conference at least 20 days and not more than 40 days after receipt of
the applicant's written request; and
c. Provide pre -application notes to each attendee of the conference and other entities described
above for which a representative does not attend the pre -application conference.
6. After the pre -application conference and before submitting the application for land use approval, the
applicant shall:
a. Hold a community meeting within 60 days after the pre -application conference:
i. Ina public location in the county with land use jurisdiction; and
ii. On a business day, or Saturday, that is not a holiday, with a start time between the hours of
6:00 p.m. and 8 p.m.
b. Provide notice of the community meeting to:
Chapter 18.16 17 (4/2021)
i. The owners of record, on the most recent property tax assessment roll, of real property located
within one-half mile of the real property on which the proposed disposal site for composting
would be located;
ii. The resident or occupant that receives mail at the mailing address of the real property
described above, if the mailing address of the owner of record is not the mailing address of
the real property;
iii. Neighborhood and community organizations recognized by the governing body of the
County if a boundary of the organization is within one-half mile of the proposed disposal site
for composting;
iv. A newspaper that meets the requirements of ORS 193.020 for publication;
v. Local media in a press release; and
vi. The entities described in 18. 1 6.040(N)(5) above.
7. During the community meeting, the applicant shall provide information about the proposed disposal
site for composting and proposed operations for composting and respond to questions about the site
and operations.
8. The applicant's notice provided under DCC 18.16.040(N)(6)(b) above must include:
a. A brief description of the proposed disposal site for composting;
b. The address and the location of the community meeting; and
c. The date and time of the community meeting.
(Ord. 2020-007 §9, 2020; Ord. 2018-006 §5, 2018; Ord. 2015-016 §2, 2015; Ord. 2014-010 §1, 2014; Ord.
2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord. 2004-
001 §2, 2004; Ord. 98-030 §1, 1998; Ord. 95-075 §1, 1995; Ord. 95-007 §14, 1995; Ord. 92-065 §3, 1992;
Ord. 91-03 8 §1 and 2, 1991; Ord. 91-020 §1, 1991; Ord. 91-011 §1, 1991)
18.16.042 Agri -Tourism and other Commercial Events or Activities Limited Use Permit
A. Agri -tourism and other commercial events or activities related to and supportive of agriculture may
be approved in an area zoned for exclusive farm use only if the standards and criteria in this section
are met.
B. Application. The application shall include the following.
1. The General Provisions information required in DCC 22.08.010.
2. A written description of:
a. The proposal.
b. The types of agri-tourism and other commercial events or activities that are proposed to be
conducted, including the number and duration of the agri-tourism and other commercial events
and activities, the anticipated maximum daily attendance and the hours of operation, and how the
agri-tourism and other commercial events or activities will be related to and supportive of
agriculture and incidental and subordinate to the existing farm use of the tract.
c. The types and locations of all permanent and temporary structures, access and egress, parking
facilities, and sanitation and solid waste to be used in connection with the agri-tourism or other
commercial events or activities.
3. A traffic management plan that:
a. Identifies the projected number of vehicles and any anticipated use of public roads;
b. Provides an assurance that one traffic control person shall be provided for each 250
persons expected or reasonably expected to be in attendance at any time during the agri-
tourism and other commercial event or activity. The traffic control personnel shall be
certified by the State of Oregon and shall comply with the current edition of the Manual
of Uniform Traffic Control Devices.
c. Demonstrates that the parcel, lot or tract has direct access such that the lot, parcel or
tract on which commercial events will occur:
Chapter 18.16 18 (4/2021)
i. Fronts on a public road; or
ii. Is accessed by an access easement or private road, and all underlying property
owners and property owners taking access between the subject property and the
public road consent in writing to the use of the road for agri-tourism and other
commercial events or activities at the time of initial application.
4. Inspection of Event Premises Authorization. The applicant shall provide in writing a
consent to allow law enforcement, public health, and fire control officers and code
enforcement staff to come upon the premises for which the Limited Use Permit has been
granted for the purposes of inspection and enforcement of the terms and conditions of
the permit and DCC Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08
Noise Control, and any other applicable laws or ordinances.
C. Approval Criteria.
1. Type 1. Up to six (6) agri-tourism events in a calendar year on a tract may be approved by a limited
use permit that is personal to the applicant and is not transferred by, or transferred with, a
conveyance of the tract, if in compliance with:
a. Criteria set forth in 18.16.042(C)(2)(d j).
b. May not, individually, exceed one calendar day.
c. Commercial events or activities are not permitted.
d. Minimum lot or parcel size: 5 acres.
e. Comply with DCC Chapter 8.08 Noise Control at all times. Sound amplification and sound
producing devices are prohibited.
f. The maximum attendance is 30 at any one time for all non-residents of the tract.
g. Where there is a conflict between this section and DCC 18.16.042(C)(4-12), the more restrictive
criteria shall apply.
2. Type 2. Up to six (6) agri-tourism and other commercial events or activities in a calendar year on a
tract may be approved by a limited use permit that is personal to the applicant and is not transferred
by, or transferred with, a conveyance of the tract, if in compliance with:
a. Minimum lot or parcel size: 10 acres.
b. Agri -tourism events may not, individually, exceed a duration of 72 consecutive hours, excluding
set-up and take down of all temporary structures and facilities. The limitation on the hours of
operations is included within the duration of 72 consecutive hours.
c. Commercial events or activities may not, individually, exceed a duration of 30 consecutive hours,
excluding set-up and take down of all temporary structures and facilities. The limitation on the
hours of operations is included within the duration of 30 consecutive hours.
d. Must be incidental and subordinate to existing farm use of the tract, and shall be related to and
supportive of agriculture.
e. Set-up and take down of all temporary structures and facilities shall occur up to one business day
prior to the agri-tourism and other commercial events or activities and one business day after the
agri-tourism and other commercial events or activities between 7:00 a.m. and 10:00 p.m.
f. May not require that a new permanent structure be built, used or occupied in connection with the
agri-tourism or other commercial events or activities.
g. May not, in combination with other agri-tourism or other commercial events or activities
authorized in the area, materially alter the stability of the land use pattern in the area.
h. Must comply with ORS 215.296.
i. Limited Use Permits approved under this section expire two years from the date of approval.
j. Limited Permits may be renewed for an additional two years subject to:
i. An application for renewal; and
ii. Demonstration of compliance with conditions that apply to the limited use permit and
applicable provisions in this section, DCC Chapter 18.16.042.
Chapter 18.16 19 (4/2021)
3. Type 3. Agri -tourism or other commercial events or activities may be approved by a limited use
permit that is personal to the applicant and is not transferred by, or transferred with, a conveyance of
the tract, more frequently or for a longer period than allowed under 18.16.042(C)(1) and (2) if the
agri-tourism or other commercial events or activities is in compliance with:
a. Criteria set forth in 18.16.042(C)(2)(d)(e)(f)(g) and (h).
b. Must be incidental and subordinate to existing commercial farm use of the tract and are necessary
to support the commercial farm uses or the commercial agricultural enterprises in the area.
c. Minimum lot or parcel size: 160 acres.
d. Do not exceed 18 commercial events or activities in a calendar year.
e. Commercial events or activities may not, individually, exceed a duration of 24 consecutive hours,
excluding set-up and take down of all temporary structures and facilities. The limitation on the
hours of operations is included within the duration of 24 consecutive hours.
f. Agri -tourism events may not, individually, exceed a duration of 72 consecutive hours,
excluding set-up and take down of all temporary structures and facilities. The limitation on the
hours of operations is included within the duration of 72 consecutive hours.
g. No more than two commercial events or activities may occur in one month.
h. Limited Use Permits approved under this section expire four years from the date of approval.
i. Limited Use Permits may be renewed at four year intervals subject to:
i. An application for renewal;
ii. Public notice and public comment as part of the review process.
iii. Demonstration of compliance with conditions that apply to the limited use permit and
applicable provisions in this section, DCC Chapter 18.16.042.
4. The area in which the agri-tourism or other commercial events or activities are located shall be
setback at least 100 feet from the property line.
5. Notification of agri-tourism and other commercial events or activities.
a. The property owner shall submit in writing the list of calendar days scheduled for all agri-
tourism and other commercial events or activities by April 1 of the subject calendar year or
within 30 days of new or renewed limited use permits, if after April 1, to Deschutes County's
Conimunity Development Department and Sheriff's Office, and all property owners within
500 feet of the subject property.
b. The list of calendar dates for all agri-tourism, commercial events and activities may be
amended by submitting the amended list to the same entities at least 72 hours prior to any
date change.
c. If such notice is not provided, the property owner shall provide notice by Registered Mail to
the same list above at least 10 days prior to each agri-tourism and other commercial event or
activity.
d. The notification shall include a contact person or persons for each agri-tourism and other
commercial event or activity who shall be easily accessible and who shall remain on site at all
times, including the person(s) contact information.
6. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand
washing stations.
7. Hours of Operation. No agri-tourism and other commercial event or activity may begin before
7:00 a.m. or end after 10:00 p.m.
8. Overnight camping is not allowed.
9. Noise Control
a. All noise, including the use of a sound producing device such as, but not limited to, loud
speakers and public address systems, musical instruments that are amplified or
unamplified, shall be in compliance with applicable state regulations.
Chapter 18.16 20 (4/2021)
b. A standard sound level meter or equivalent, in good condition, that provides a weighted
sound pressure level measured by use of a metering characteristic with an "A" frequency
weighting network and reported as dBA shall be available on -site at all times during
agri-tourism and other commercial events or activities.
10. Transportation Management.
a. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that
prevent dust, and may include paving, gravel, cinders, or bark/wood chips.
b. Driveways extending from paved roads shall have a paved apron, requiring review and
approval by the County Road Department.
c. The parcel, lot or tract has direct access as defined in DCC Chapter 18.16.042(B)(3)(c).
d. Adequate traffic control must be provided by the property owner to address the
following:
i. There shall be one traffic control person for each 250 persons expected or
reasonably expected to be in attendance at any time.
ii. All traffic control personnel shall be certified by the State of Oregon and shall
comply with the current edition of the Manual of Uniform Traffic Control Devices.
11. Health and Safety Compliance
a. All permanent and temporary structures and facilities are subject to fire, health and life
safety requirements, and shall comply with all requirements of the Deschutes County
Building Safety Division and the Environmental Soils Division and any other applicable
federal, state and local laws.
b. Compliance with the requirements of the Deschutes County Building Safety Division
shall include meeting all building occupancy classification requirements of the State of
Oregon adopted building code.
12. The maximum number of people shall not exceed 500 per calendar day.
13. Agri -Tourism and other Commercial Events or Activities shall not be allowed:
a. Within the County adopted big game winter ranges during the months of December
through March.
b. Within the County adopted big game migration corridors during the month of April and
during the months of October and November.
c. Within the County adopted sensitive bird and mammal habitat areas as defined in DCC
18,90.020, unless a site has had no nesting attempt or the nest has failed, as detemuned
by a professional wildlife biologist in May of the calendar year in which the application
is approved unless a site has had no nesting attempt or the nest has failed which could be
determined in May by a professional wildlife biologist.
(Ord. 2012-004, §2, 2012)
18.16.043 Single Permit.
A. The maximum number of agri-tourism and other commercial events or activities on a lot, parcel
or tract may not exceed the total number of commercial events allowed by any individual land
use approval, including a winery authorized under DCC 18.16.038(B), and events, outdoor mass
gatherings or extended outdoor mass gatherings authorized under DCC Chapter 8.16. B.
The following permits may not be combined:
1. Agri -tourism and other commercial events or activities under DCC 18.16.042,
2. Winery under DCC 18.16.038(B),
3. Events, outdoor mass gatherings, extended outdoor mass gatherings, parades or funeral
processions authorized under DCC Chapter 8.16,
4. Home occupation for commercial events or activities.
(Ord. 2012-004, §2, 2012)
Chapter 18.16 21 (4/2021)
18.16.050. Standards for Dwellings in the EFU Zones.
Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for
each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the dwelling
is placed, signing and recording in the deed records for the County, a document binding the landowner, and
the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action
alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or
30.937.
A. Farm -related dwellings on non -high value farmland. A dwelling customarily provided in conjunction
with farm use, as listed in DCC 18.16.030(A), may be approved if it satisfies any of the alternative tests
set forth below:
1. Acreage test.
a. On land not identified as high -value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The parcel on which the dwelling will be located is at least:
(a) One hundred sixty acres and not in the Horse Ridge East subzone; or
(b) Three hundred twenty
acres in the Horse Ridge East subzone;
ii. The subj ect tract is currently employed for farm use, as defined in DCC 18.04.030, and which
is evidenced by a farm management plan;
iii. The dwelling will be occupied by a person or persons who will be principally engaged in the
farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a
commercial scale;
iv. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K);
2. Median acreage/gross sales test.
a. On land not identified as high -value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if,
i. The subject tract is at least as large as the median size of those commercial farm or ranch
tracts capable of generating at least $10,000 in annual gross sales that are located within a
study area that includes all tracts wholly or partially within one mile of the perimeter of the
subject tract;
ii. The subject tract is capable of producing at least the median level of annual gross sales of
County indicator crops as the same commercial farm or ranch tracts used to calculate the tract
size in DCC 18.16.050(A)(2)(a)(i);
iii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and which
is evidenced by a farm management plan, at a level capable of producing the annual gross
sales required in DCC 18.16.050(A)(2)(a)(ii). If no farm use has been established at the time
of application, land use approval shall be subject to a condition that no building permit may
be issued prior to establishment of the farm use capable of meeting the median income test.
iv. The subject lot or parcel on which the dwelling is proposed is at least 20 acres in size;
v. There is no other dwelling on the subject tract(1), except as allowed under DCC
18.16.020(K); and
vi. The dwelling will be occupied by a person or persons who will be principally engaged in the
farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a
commercial scale.
b. For the purpose of calculating appropriate tract sizes and gross incomes to satisfy DCC
18.16.050(A)(2)(a)(i) and (ii), the County will utilize the methodology contained in Oregon
Chapter 18.16 22 (4/2021)
Administrative Rules 660-33-135(3) using data on gross sales per acre tabulated by LCDC
pursuant to Oregon Administrative Rules 660-33-135(4).
3. Gross annual income test.
a. On land not identified as high -value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The subject tract is currently employed for a farm use, and that the farm operator earned
$40,000 in gross annual revenue in the last two years, three of the last five years, or based -On
the average farm revenue earned on the tract in the highest three of the last five years.
ii. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K);
iii. The dwelling will be occupied by a person or persons who produced the commodities which
grossed the income in DCC 18.16.050(A)(3)(a)(i); and
b. In determining gross revenue, the cost of purchased livestock shall be deducted from the total
gross revenue attributed to the tract.
c. Noncontiguous lots or parcels zoned for farm use in the same county or contiguous counties may
be used to meet the gross revenue requirements.
d. Only gross revenue from land owned, not leased or rented, shall be counted; and gross farm
revenue earned from a lot or parcel which has been used previously to qualify another lot or
parcel for the construction or siting of a primary farm dwelling may not be used.
e. Prior to a dwelling being approved under this section that requires one or more contiguous or
noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm revenue
requirements, the applicant shall provide evidence that the covenants, conditions and restrictions
form attached to Chapter 18.16, has been recorded with the county clerk or counties where the
property subject to the covenants, conditions and restrictions is located.
1. The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to
the application for primary farm dwelling and shall preclude:
a. All future rights to construct a dwelling except for accessory farm dwellings, relative
farm assistance dwellings, temporary hardship dwellings or replacement dwellings
allowed under ORS Chapter 215; and
b. The use of any gross farm revenue earned on the lots or parcels to qualify another lot or
parcel for a primary farm dwelling;
c. The covenants, conditions and restrictions are irrevocable, unless a statement of release
is signed by an authorized representative of the county or counties where the property
subject to the covenants, conditions and restrictions is located;
d. The failure to follow the requirements of this section shall not affect the validity of the
transfer of property or the legal remedies available to the buyers of property which is
subject to the covenants, conditions and restrictions required by this section.
B. Farm related dwellings on high value farnland. On land identified as high -value farmland, a dwelling,
including a manufactured home in accordance with DCC 18.116.070, may be considered customarily
provided in conjunction with farm use if.
1. The subject lot or parcel is currently employed for the farm use as defined in DCC 18.04.030, and
that the farm operator earned at least $80,000 in gross annual revenue from the sale of farm products
in the last two years, three of the last five years, or based on the average farm revenue -earned by the
farm operator in the best three of the last five years. In determining gross revenue, the cost of
purchased livestock shall be deducted from the total gross revenue attributed to the tract;
2. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K);
3. The dwelling will be occupied by a person or persons who produced the commodities which
grossed the revenue under DCC 18.16.050(B)(1);
Chapter 18.16 23 (4/2021)
4. Noncontiguous lots or parcels zoned for farm use in the same county or contiguous counties may be
used to meet the gross revenue requirements.
5. When a farm or ranch operation has lots or parcels in both "western" and "eastern" Oregon as defined
in OAR 660-033-0020, lots or parcels in eastern or western Oregon may not be used to qualify a
dwelling in the other part of the state.
6. Only gross revenue from land owned, not leased or rented, shall be counted; and gross farm revenue
earned from a lot or parcel which has been used previously to qualify another lot or parcel for the
construction or siting of a primary farm dwelling may not be used.
7. Prior to a dwelling being approved under this section that requires one or more contiguous or
noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm revenue
requirements, the applicant shall provide evidence that the covenants, conditions and restrictions form
attached to Chapter 18.16 has been recorded with the county clerk. The covenants, conditions and
restrictions shall be recorded for each lot or parcel subject to the application for primary farm dwelling
and shall preclude:
a. All future rights to construct a dwelling except for accessory farm dwellings, relative farm
assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS
Chapter 215; and
b. The use of any gross farm revenue earned on the lots or parcels to qualify another lot or parcel
for a primary farm dwelling.
C. Accessory dwelling. A dwelling, including a manufactured home in accordance with DCC 18.116.070,
is considered to be an accessory farm dwelling customarily provided in conjunction with farm use when:
1. The accessory dwelling meets the following criteria:
a. The accessory farm dwelling will be occupied by a person or persons who will be principally
engaged in the farm use of the land and whose seasonal or year-round assistance in the
management of the farm use, such as planting, harvesting, marketing or caring for livestock, is
or will be required by the farm operator; and
b. The accessory farm dwelling will be located:
i. On the same lot or parcel as the primary farm dwelling; or
ii. On the same tract as the primary farm dwelling when the lot or parcel on which the accessory
farm dwelling will be sited is consolidated into a single parcel with all other contiguous lots
and parcels in the tract; or
iii. On a lot or parcel on which the primary farm dwelling is not located, when the accessory
farm dwelling is limited to only a manufactured home and a deed restriction substantially in
compliance with the form set forth in Exhibit A to DCC 18.16 is filed with the County Clerk.
The deed restriction shall require the manufactured dwelling to be removed when the lot or
parcel is conveyed to another party. The manufactured home may remain if it is reapproved
under DCC 18.16.050; or
iv. On a lot or parcel on which the primary farm dwelling is not located, when the accessory
farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size
under DCC 18.16.065 and the lot or parcel complies with the gross farm income requirements
in DCC 18.16.050(A)(3) or (13)(1), whichever is applicable; and
c. There is no other dwelling on land zoned EFU owned by the farm operator that is vacant or
currently occupied by persons not working on the subject farm or ranch and that could reasonably
be used as an accessory farm dwelling; and
2. The primary farm dwelling to which the proposed dwelling would be accessory meets one of the
following:
a. On land not identified as high -value farmland, the primary farm dwelling is located on a farm or
ranch operation that is currently employed in farm use and produced $40,000 in gross annual
sales in the last two years, three of the last five years, or based on the average farm revenue -earned
Chapter 18.16 24 (4/2021)
on the tract in the highest three of the last five years. In determining gross revenue, the cost of
purchased livestock shall be deducted from the total gross revenue attributed to the tract; or
b. On land identified as high -value farmland, the primary farm dwelling is located on a farm or
ranch operation that is currently employed for farm use, and produced at least $80,000 in gross
annual revenue from the sale of farm products in the last two years, three of the last five years -or
based on the average farm revenue earned on the tract in the highest three of the last five years.
Gross revenue shall be calculated by deducting the cost of purchased livestock from the total
gross revenue attributed to the tract; and
3. A lot or parcel approved for an accessory farm dwelling under DCC 18.16.050 shall not be approved
for a division of land except as provided for in DCC 18.16.055(B).
4. An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the
requirements for a nonfarm dwelling pursuant to DCC 18.16.050(G).
D. Relative farm help dwelling.
1. A dwelling listed in DCC 18.16.025(B) is allowed when:
a. The subject tract is a commercial farming operation.
b. The dwelling is a manufactured home and is sited in accordance with DCC 18.116.070, or is a
site -built home;
c. The dwelling is located on the same lot or parcel as the dwelling of the farm operator, and is
occupied by a relative of the farm operator or farm operator's spouse, including a grandparent,
step -grandparent, grandchild, parent, step-parent, child, sibling, step -sibling, niece, nephew, or
first cousin of either, if the farm operator does, or will, require the assistance of the relative in the
management of the farm use.
1. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel size requirements under
ORS 215.780, if the owner of a dwelling described in this subsection obtains construction
financing or other financing secured by the dwelling and the secured party forecloses on the
dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250,
and the foreclosure shall operate as a partition of the homesite to create a new parcel.
2. Prior conditions of approval for the subject land and dwelling remain in effect.
3. For purposes of this subsection, "Foreclosure" means only those foreclosures that are exempt
from partition under ORS 92.010(9)(a).
d. The farm operator plays the predominant role in the management and farm use of the farm and
will continue to do so after the relative farm help dwelling is approved.
e. Any approval granted under DCC 18.16.050 shall be conditioned with a requirement that the
farm operator annually submit a report to the Planning Division identifying the resident(s) of the
dwelling, their relationship to the farm operator, the assistance the resident provides to the farm
operator, and verifying the farm operator's continued residence on the property and the
predominant role the farm operator continues to play in the management and farm use of the
farm.
2. A manufactured home permitted under DCC 18.16,050 shall be considered to be a temporary
installation, and permits for such home shall be renewable and renewed on an annual basis. The
manufactured home shall be removed from the property if it no longer meets the criteria of DCC
18.16.050 and the approval shall be so conditioned.
3. A dwelling approved under DCC 18.16.050 shall be removed or converted to an allowable use within
one year of the date the relative farm help dwelling no longer meets the criteria of DCC 18,16.050
and the approval shall be so conditioned.
4. Upon approval of a dwelling under DCC 18.16.050, a Conditions of Approval Agreement shall be
recorded with the Deschutes County Clerk prior to issuance of any building or placement pernut for
the new dwelling on the property.
Chapter 18.16 25 (4/2021)
5. For the purposes of DCC 18.16.050(D), a farm operator is a person who operates a farm, doing the
work and making the day-to-day decisions about such things as planting, harvesting, feeding and
marketing.
E. Lot of record dwelling on non -high value farmland.
1. A lot of record dwelling may be approved on a pre-existing lot or parcel on non -high value farmland
when all of the following requirements are met:
a. The lot or parcel on which the dwelling will be sited was lawfully created and was acquired and
owned continuously by the present owner:
i. Prior to January 1, 1985; or
ii. By devise or by intestate succession from a person who acquired and owned continuously
the lot or parcel prior to January 1, 1985.
b. The tract on which the dwelling will be sited does not include a dwelling.
c. For lots or parcels located within a wildlife area (WA) combining zone, siting of the proposed
dwelling would be consistent with the limitations on density as applied under the applicable
density restrictions of DCC 18.88.
d. If the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of
the tract shall be consolidated into a single .lot or parcel when the dwelling is allowed.
e. The County Assessor shall be notified of any approval of a dwelling under DCC 18.16.050.
f. If the lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993,
no dwelling exists on another lot or parcel that was part of the tract;
2. For purposes of DCC 18.16.050(E), "owner" includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law,
father-in-law, aunt, uncle, niece, nephew, step-parent, step -child, grandparent or grandchild of the
owner or a business entity owned by any one or a combination of these family members.
3. For purposes of DCC 18.16.050(E), the date of creation and existence means that, when a lot, parcel
or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to
qualify a lot, parcel or tract for the siting of a lot of record dwelling, the date of the reconfiguration is
the date of creation and existence. Reconfigured means any change in the boundary of the lot, parcel
or tract.
F. Lot of record dwelling on high -value farmland.
1. A lot. of record dwelling on a pre-existing lot or parcel will be approved on high value farmland when
all of the following requirements are met:
a. The requirements set forth in DCC 18.16.050(E)(1)(a) through (f), as determined by the County;
and
b. The requirements of Oregon Administrative Rules 660-33-130(3)(c)(C), as determined by the
County hearings officer.
2. Applicants under DCC 18.16.050(F) shall make their application to the County. The County shall
notify the State Department of Agriculture at least 20 calendar days prior to the public hearing under
DCC 18.1.6.050(F)(1)(b).
3. Applicants under DCC 18.16.050(F) shall be subject to such other procedural requirements as are
imposed by the Oregon Department of Agriculture.
4. For purposes of DCC 18.16.050(F), the date of creation and existence means that, when a lot, parcel
or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to
qualify a lot, parcel or tract for the siting of a lot of record dwelling, the date of the reconfiguration is
the date of creation and existence. Reconfigured means any change in the boundary of the lot, parcel
or tract.
G. Nonfarm dwelling.
Chapter 18.16 26 (4/2021)
1. One single-family dwelling, including a manufactured home in accordance with DCC
18.116.070, not provided in conjunction with farm use, may be permitted on an existing lot or
parcel subject to the following criteria:
a. The Planning Director or Hearings Body shall make findings that:
i. The dwelling or activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming practices, as defined in ORS
215.203(2)(c), or accepted forest practices on nearby lands devoted to farm or forest use.
ii. The proposed nonfarm dwelling will not materially alter the stability of the overall land use
pattern of the area. In determining whether a proposed nonfarm dwelling will alter the
stability of the land use pattern in the area, the County shall consider the cumulative impact
of nonfarm dwellings on other lots or parcels in the area similarly situated, by applying the
standards under OAR 660-033-0130(4)(a)(D), and whether creation of the parcel will lead to
creation of other nonfarm parcels, to the detriment of agriculture in the area.
iii. The proposed nonfarm dwelling is situated on an existing lot or parcel, or a portion of a lot
or parcel that is generally unsuitable for the production of farm crops and livestock or
merchantable tree species, considering the terrain, adverse soil or land conditions, drainage
and flooding, vegetation, location and size of the tract.
iv. The proposed nonfarm dwelling is not within one -quarter mile of a dairy farm, feed lot or
sales yard, unless adequate provisions are made and approved by the Planning Director or
Hearings Body for a buffer between such uses. The establishment of a buffer shall be
designed based upon consideration of such factors as prevailing winds, drainage, expansion
potential of affected agricultural uses, open space and any other factor that may affect the
livability of the nonfarm -dwelling or the agriculture of the area.
v. Road access, fire and police services and utility systems (i.e., electrical and telephone) are
adequate for the use.
vi. The nonfarm dwelling shall be located on a lot or parcel created prior to January 1, 1993, or
was created or is being created as a nonfarm parcel under the land division standards in DCC
18.16.055(B) or (C).
For the purposes of DCC 18.16.050(G) only, "unsuitability" shall be determined with reference to the
following:
a. A lot or parcel or a portion of a lot or parcel shall not be considered unsuitable solely because of
size or location if it can reasonably be put to farm or forest use in conjunction with other land. If
the parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable
land for the production of merchantable tree species recognized by the Forest Practices Rules,
considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation,
location and size of the parcel
b. A lot or parcel or portion of a lot or parcel is not "generally unsuitable" simply because it is too
small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel can be sold,
leased, rented or otherwise managed as part of a commercial farm or ranch, it is not "generally
unsuitable." A lot or parcel or portion of a lot or parcel is presumed to be suitable if it is composed
predominantly of Class INI soils. Just because a lot or parcel or portion of a lot or parcel is
unsuitable for one farm use does not mean it is not suitable for another farm use. If the parcel is
under forest assessment, the area is not "generally unsuitable" simply because it is too small to
be managed for forest production profitably by itself.
c. If a lot or parcel under forest assessment can be sold, leased, rented or otherwise managed as a
part of a forestry operation, it is not "generally unsuitable." If a lot or parcel is under forest
assessment, it is presumed suitable if it is composed predominantly of soil capable of producing
20 cubic feet of wood fiber per acre per year. If a lot or parcel is under forest assessment, to be
found compatible and not seriously interfere with forest uses on surrounding land it must not
Chapter 18.16 27 (4/2021)
force a significant change in forest practices or significantly increase the cost of those practices
on the surrounding land.
3. Loss of tax deferral. Pursuant to ORS 215.236, a nonfarm dwelling on a lot or parcel in an Exclusive
Farm Use zone that is or has been receiving special assessment may be approved only on the condition
that before a building permit is issued the applicant must produce evidence from the County
Assessor's office that the parcel upon which the dwelling is proposed has been disqualified under
ORS 308A.050 to 308A.128 or other special assessment under ORS 308A.315, 321.257 to 321.390,
321.700 to 321.754 or 321.805 to 321.855 and that any additional tax or penalty imposed by the
County Assessor as a result of disqualification has been paid.
11. Temporary hardship dwelling.
1. A temporary hardship dwelling listed in DCC 18.16.030 is allowed under the following conditions:
a. The dwelling is an existing building, or is a manufactured home or recreational vehicle that is
used in conjunction with an existing dwelling on the lot or parcel. For the purposes of this section,
"existing" means the building was in existence on or before March 29, 2017;
b. The manufactured home or recreational vehicle would be temporarily sited on the lot or parcel
only for the term of a hardship suffered by the existing resident or relative of the resident. The
manufactured dwelling shall be removed or demolished within three months of the date the
hardship no longer exists. The recreational vehicle shall not be occupied once the term of the
medical hardship is completed, except as allowed under DCC 18.116.095. A temporary residence
approved under this section is not eligible for replacement under DCC 18.16.020(J);
c. The existence of a medical hardship is verified by a written doctor's statement, which shall
accompany the permit application; and
d. The temporary manufactured home uses the same subsurface sewage disposal system used by the
existing dwelling, provided that the existing disposal system is adequate to accommodate the
additional dwelling. If the manufactured home will use a public sanitary sewer system, such
condition will not be required.
e. if a recreational vehicle is used as a medical hardship dwelling, it shall be required to have a
bathroom, and shall meet the minimum setbacks established under DCC 18.16.070.
2. Permits granted under DCC 18.16.050(H) shall be subject to the provisions of DCC 18.116.090 and
shall be required to meet any applicable DEQ review and removal requirements as a condition of
approval.
3. As used in DCC 18.16.050(lI), the term "hardship" means a medical hardship or hardship for the care
of an aged or infirm person or persons.
4. As used in DCC 18.16.050(H), the term "relative" means grandparent, step -grandparent, grandchild,
parent., step-parent, child, step -child, brother, sister, sibling, step -sibling, niece, nephew, uncle, aunt,
or first cousin of the existing resident.
5. The proposed hardship dwelling or recreational vehicle shall meet the criteria under DCC
18.16.040(A)(1-2)and DCC 18.16.020(J)(1)
(Ord. 2018-006 §5, 2018; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord.
2008-001 §2, 2008; Ord. 2004-0020 §1, 2004; Ord. 2004-013 §2, 2004; Ord. 2004-001 §2, 2004; Ord. 98-
033 §1, 1998; Ord. 98-030 §1, 1998; Ord. 95-007 §15, 1995; Ord. 94-026 §1, 1994; Ord. 92-065 §3, 1992;
Ord. 91-038 §§2 and 3, 1991; Ord. 91-020 §1, 1991)
18.16.055. Land Divisions.
A. General. A division of land in the exclusive farm use zone shall be identified on the land division
application as either an irrigated land division, nonirrigated land division, or a division of land for a use
permitted by Oregon Revised Statutes 215.263 other than a dwelling. An irrigated land division is subject
to subsection B below; a nonirrigated land division is subject to subsection C below; and a land division
for a use other than a dwelling is subject to subsection E below, as well as ORS 215.263.
Chapter 18.16 28 (4/2021)
B. Irrigated land division.
1. An irrigated land division shall be subject to the minimum lot or parcel size requirements of DCC
18,16.065, Subzones, and all applicable requirements of DCC Title 17.
2. Partitions establishing parcels less than the EFU minimum parcel size established under DCC
18.16.065, may be permitted to create new parcels for nonfarm dwellings as follows:
a. If the parent parcel is equal to or greater than the minimum parcel size established under
18.16.065, and is less than 80 acres in size, one new nonfarm parcel may be created subject to
the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Remainder parcel shall meet the minimum lot size established under 18.16.065;
iii. All standards established under 18.16.050(G) for the dwelling shall be met;
iv. No minimum lot size shall be required for the nonfarm parcel.
v. The parcel for the nonfarm dwelling is generally unsuitable for the production of farm crops
and livestock or merchantable tree species considering the terrain, adverse soil or land
conditions, drainage and flooding, vegetation, location and size of the tract. A parcel may
not be considered unsuitable based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
b. If the parent parcel is equal to or greater than the minimum lot size established under 18.16.065,
and is greater than or equal to 80 acres in size, two new nonfarm parcels may be created subject
to the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Remainder parcel shall meet the minimum lot size established under 18.16.065;
iii. All standards established under 18.16.050(G) for the dwellings shall be met;
iv. No minimum parcel size shall be required for the nonfarm parcel.
v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or land
conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not
be considered unsuitable based solely on size or location if the parcel can reasonably be put
to farm or forest use in conjunction with other land.
3. The minimum size for new parcels does not inean that farm dwellings may be approved on the new
parcels.
4, New dwellings in conjunction with farm use must satisfy the criteria in DCC 18.16.050.
C. Nonirrigated land division.
1. The minimum lot or parcel size for a nonirrigated land division is 80 acres.
2. Notwithstanding 1 above, land divisions creating nonfarm parcels less than the minimum lot size may
be allowed as follows:
a. If the parent parcel is greater than 80 acres in size, up to two new nonfarm parcels may be allowed
subject to the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Remainder parcel shall be at least 80 acres in size;
iii. All standards established under 18.16.050(G) for the dwellings shall be met;
iv. The minimum size for the nonfarm parcels is 5 acres.
v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or land
conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not
be considered unsuitable based solely on size or location if the parcel can reasonably be put
to farm or forest use in conjunction with other land.
vi. Be located outside of the Horse Ridge East subzone.
Chapter 18.16 29 (4/2021)
b. If the parent parcel is greater than or equal to 40 acres and less than or equal to 80 acres, one new
nonfarm parcel is allowed subject to the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Parcels are not capable of producing more than 20 cubic feet per acre per year of wood fiber;
iii. Parcels are composed of at least 90 percent Class VII and VIII soils, or are composed of at
least 90 percent Class VI through VIII soils and are not capable of producing adequate
herbaceous forage for grazing livestock;
iv. Parcels shall not have established water rights for irrigation;
v. All standards established under 18.16.050(G) for the dwellings shall be met;
vi. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or land
conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be
considered unsuitable based solely on size or location if the parcel can reasonably be put to farm
or forest use in conjunction with other land
vii. The minimum parcel size is 5 acres;
viii.Be located outside of the Horse Ridge East subzone.
D. Partitions in the Wildlife Area Combining Zones must meet the minimum parcel sizes established under
DCC 18.88.050.
E. A division of land for a use listed under ORS 215.263 other than a dwelling. Such divisions shall be
subject to the minimum parcel size requirements of DCC 18.16.060(C), ORS 215.263, and the applicable
partitioning standards, including the general partition standards set forth in DCC 17.22, the Subdivision
and Partition Ordinance.
(Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord.
2004-001 §2, 2004; Ord. 2002-016 §1, 2002; Ord. 2001-016 §2, 2001; Ord. 95-007 §16, 1995; Ord. 94-026
§2, 1994; Ord. 92-065 §3, 1992)
18.16.060. Dimensional Standards.
A. The minimum parcel size for irrigated land divisions created subject to DCC Title 17 shall be as specified
under DCC 18.16.065, "Subzones."
B. The minimum parcel size for nonirrigated land divisions created subject to DCC Title 17 is as specified
under DCC 18.16.055(C).
C. The minimum parcel size for all other uses permitted by Oregon Revised Statutes 215.263 shall be no
greater than the minimum size necessary for the use.
D. Each parcel shall have a minimum street frontage of 50 feet.
E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except
as allowed under DCC 18.120.040.
(Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §1, 2002; Ord.
2001-016 §2, 2001; Ord. 95-007 §17, 1995; Ord. 93-043 §3, 1993; Ord. 93-004 §1, 1993; Ord. 92-065 §3,
1992; Ord. 92-055 § 1, 1992; Ord. 91-03 8 § § 1 and 2, 1991; Ord. 91-020 § 1, 1991)
18.16.065. Subzones.
A. Lower Bridge. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
One hundred thirty acres of irrigated land.
B. Sisters/Cloverdale. A proposed irrigated land division must result in parcels that demonstrate the
following characteristics or capabilities:
Sixty-three acres of irrigated land.
Chapter 18.16 30 (4/2021)
C. Terrebonne. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-five acres of irrigated land.
D. Tumalo/RedmondBend. A proposed irrigated land division must result in parcels that demonstrate the
following characteristics or capabilities:
Twenty-three acres of irrigated land.
E. Alfalfa. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-six irrigated acres.
F. La Pine. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-seven acres of irrigated land.
G. Horse Ridge East. Minimum parcel size for a land division is 320 acres.
(Ord. 2009-014 § 1, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 § 1, 2002; Ord. 2001-016 §2, 2001; Ord.
95-007 §18, 1995; Ord. 92-065 §3, 1992)
18.16.067. Farm Management Plans.
A. Contents. A farm management plan shall consist of the following components:
1. A written description of existing and/or proposed farm uses, including type of crops or livestock, size
and location of areas for each use, and land or soil preparation required.
2. An assessment of the soils, climate and irrigation on the parcel demonstrating that the parcel is
suitable for the current or proposed use outlined in DCC 18.16.067(A)(1).
3. A business plan, including a demonstration that markets exist for the product; estimates of gross sales
or actual gross sales figures; estimated or actual figures concerning necessary expenditures; and a list
of capital expenditures incurred or projected to be incurred in establishing the farm use on the parcel.
4. A written description of the farm uses in the area, including acreage, size and type of crop or livestock
raised showing that the proposed plan is representative of similar farm uses, if any, in the area and
will not conflict with the existing agriculture types.
5. For farm uses not currently practiced in the area, an analysis showing that the plan is representative
of the type of agriculture proposed.
B. Conditional approvals.
1. For purposes of land use approval, in instances where at the time of application the subject land is not
currently in farm use, a farm management plan will be deemed to demonstrate current employment
of the land for farm use if.
a. The farm management plan establishes a level of farming that constitutes a farm use;
b. The farm management plan sets forth specific timelines for the completion of capital
improvements (barns, fencing, irrigation, etc.) and for the establishment of the proposed farm use
on the parcel; and
c. Land use approval is subject to a condition that no building permit for the farm dwelling can be
issued prior to a detemunation that pursuant to the farm management plan a farm use has been
established on the subject land.
2. For purposes of determining under DCC 18.16.067 that a farm use has been established on the land,
the County shall determine that the farm management plan has been implemented to the extent that
the farm use has achieved the gross farm sales figure required under DCC 18.16.050.
(Ord. 95-007 §19, 1995; Ord. 93-004 §2, 1993; Ord. 92-065 §3, 1992)
Chapter 18.16 31 (4/2021)
18.16.070. Yards.
A. The front yard shall be a minimum o£ 40 feet from a property line fronting on a local street, 60 feet from
a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street.
B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property
with side yards adjacent to property currently employed in farm use, and receiving special assessment for
farm use, the side yard shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with
a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm
use, the rear yard shall be a minimum of 100 feet.
D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 2009-014 § 1, 2009; Ord. 94-008 § 16, 1994 NOTE: This ordinance inadvertently dropped the previous
Section D in adding a new section E; Ord. 93-004 §3, 1993; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2,
1991; Ord. 83-037 §8, 1983)
18.16.080. Stream Setbacks.
To permit better light, air, vision, stream pollution control, protection of fish and wildlife areas and
preservation of natural scenic amenities and vistas along streams and lakes, the following setbacks shall apply:
A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the
ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to
the ordinary high water mark. In those cases where practical difficulties preclude the location of the
facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger
health, the Planning Director or Hearings Body may permit the location of these facilities closer to the
stream or lake, but in no case closer than 25 feet.
B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water mark
along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water
mark.
(Ord. 91-03 8 § § 1 and 2, 1991; Ord. 91-020 § 1, 1991)
18.16.090. Rimrock Setback.
Notwithstanding the provisions of DCC 18.16.070, setbacks from rimrock shall be as provided in DCC
18.116.160 or 18.84.090, whichever is applicable.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord.
86-053 §5, 1986)
Chapter 18.16 32 (4/2021)
EXHIBIT A
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Whereas the undersigned __ hereinafter referred to as "Declarant," is owner
in fee simple of the property described in Exhibit A attached hereto and by this reference incorporated herein
(the property); and
Whereas, Declarant has received approval to site a manufactured home on the property described herein
pursuant to land use permit No. _ for an accessory farm dwelling, issued by Deschutes County
pursuant to Section 18.16.050(C) of the Deschutes County Code;
Whereas Section 18.16.050(C)(1)(b)(iii) requires as a condition of approval the recording of a deed
restriction in favor of Deschutes County requiring that any manufactured home sited under said permit be
removed prior to any further conveyance of this property; and
Whereas the Declarant desires to declare his/her intention to create covenants, conditions and restrictions
necessary to effectuate and comply with the requirements of OAR 660-33-130(24)(a)(B)(iii) and Section
IS. I 6.050(C) of the Deschutes County Code;
Declarant hereby declares that all of the property described in Exhibit A shall be held, sold and conveyed
subject to the following covenants, conditions and restrictions in favor of Deschutes County:
Declarant shall cause to be removed any manufactured home sited on the property described herein
pursuant to Deschutes County land use permit No. _ for an accessory dwelling prior to any further
conveyance of the property.
Declarant's obligations under this covenant shall not be extinguished by any subsequent conveyance made
in disregard of these covenants, conditions and restrictions.
These covenants, conditions, and restrictions shall in addition run with the land and be binding upon any
of the Declarant's successors in interest should the property be transferred in disregard of this covenant.
It is intended that this covenant shall have the same effect as a regulation designed to implement the
comprehensive plan. This covenant may be enforced by Deschutes County by a suit in equity, or if Deschutes
County fails to take such action, by any person described in ORS 215.188.
These covenants, conditions and restrictions shall be released by the County upon proof that the
requirements set forth herein have been met.
Dated this day of..a
(Signature)
(notary seal)
Chapter 18.16 33 (4/2021)
Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA
18.32.010.
Purpose.
18.32.020.
Uses Permitted Outright.
18.32.030.
Conditional Uses Permitted.
18.32.035.
Destination Resorts.
18.32.040.
Dimension Standards.
18.32.050.
Yards.
18.32.060.
Stream Setbacks.
18.32.070.
Rimrock Setback.
18.32.010. Purpose.
The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various
areas of the County while permitting development consistent with that character and with the
capacity of the natural resources of the area; to preserve and maintain agricultural lands not suited to
full-time commercial farming for diversified or part-time agricultural uses; to conserve forest lands
for forest uses; to conserve open spaces and protect natural and scenic resources; to maintain and
improve the quality of the air, water and land resources of the County; to establish standards and
procedures for the use of those lands designated unsuitable for intense development by the
Comprehensive Plan, and to provide for an orderly and efficient transition from rural to urban land
use.
(Ord. 95-075 §1, 1995)
18.32.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright:
A. Agricultural uses as defined in DCC Title 18.
B. A single family dwelling, or a manufactured home subject to DCC 18.116.070.
C. Propagation or harvesting of a forest product.
D. Class I and lI road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
E. Class III road or street project.
F. Noncommercial horse stables, excluding horse events.
G. Horse events, including associated structures, involving:
1. Fewer than 10 riders;
2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or
3. More than 25 riders, no more than two times per year on nonconsecutive days.
Incidental musical programs are not included in this definition. Overnight stays by participants,
trainers or spectators in RVs on the premises is not an incident of such horse events.
H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation
District except as provided in DCC 18.120.050.
1. Type 1 Home Occupation, subject to DCC 18.116.280.
J. Accessory Dwelling Units, subject to DCC 18.116.350.
(Ord. 2019-009 §1, 2019; Ord. 2004-002 §3, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2,
2001; Ord. 94-008 §10, 1994; Ord. 93-043 §4, 1993; Ord. 93-001 §1, 1993; Ord. 91-038 §1, 1991;
Ord. 91-020 § 1, 1991; Ord. 91-005 § 18, 1991; Ord. 91-002 §6, 1991)
18.32.030. Conditional Uses Permitted.
The following uses may be allowed subject to DCC 18.128:
A. Public use.
Chapter 18.32 (4/2021)
B. Semipublic use.
C. Commercial activities in conjunction with farm use. The commercial activity shall be
associated with a farm use occurring on the parcel where the commercial use is
proposed. The commercial activity may use, process, store or market farm products
produced in Deschutes County or an adjoining County.
D. Dude ranch.
E. Kennel and/or veterinary clinic.
F. Guest house.
G. Manufactured home as a secondary accessory farm dwelling, subject to the
requirements set forth in DCC 18.116.070.
H. Exploration for minerals.
I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle
tracks and other recreational uses.
J. Personal use landing strip for airplanes and helicopter pads, including associated
hangar, maintenance and service facilities. No aircraft may be based on a personal -use
landing strip other than those owned or controlled by the owner of the airstrip.
Exceptions to the activities permitted under this definition may be granted through
waiver action by the Aeronautics Division in specific instances. A personal use landing
strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to
any applicable regulations of the Aeronautics Division.
K. Golf courses.
L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
M. A facility for primary processing of forest products, provided that such facility is found
to not seriously interfere with accepted farming practices and is compatible with farm
uses described in ORS 215.203(2). Such a facility may be approved for a one-year
period which is renewable. These facilities are intended to be only portable or
temporary in nature. The primary processing of a forest product, as used in DCC
18.32.030, means the use of a portable chipper or stud mill or other similar method of
initial treatment of a forest product in order to enable its shipment to market. Forest
products, as used in DCC 18.32.030, means timber grown upon a parcel of land or
contiguous land where the primary processing facility is located.
N. Destination resorts.
O. Planned developments.
P. Cluster developments.
Q. Landfills when a written tentative approval by the Department of Environmental
Quality (DEQ) of the site is submitted with the conditional use application.
R. Time-share unit or the creation thereof.
S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
T. Storage, crushing and processing of minerals, including the processing of aggregate
into asphaltic concrete or Portland cement concrete, when such uses are in conjunction
with the maintenance or construction of public roads or highways.
U. Bed and breakfast inn.
V. Excavation, grading and fill and removal within the bed and banks of a stream or river
or in a wetland subject to DCC 18.120.050 and 18.128.270.
W. Religious institutions or assemblies, subject to DCC 18.124 and 18.128.080.
Chapter 18.32 (4/2021)
X. Private or public schools, including all buildings essential to the operation of such a
school.
Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124.
Z. Cemetery, mausoleum or crematorium.
AA. Commercial horse stables.
BB. Horse events, including associated structures, not allowed as a permitted use in this
zone.
CC. Manufactured home park or recreational vehicle park on a parcel in use as a
manufactured home park or recreational vehicle park prior to the adoption of PL-15 in
1979 and being operated as of June 12, 1996, as a manufactured home park or
recreational vehicle park, including any expansion of such uses on the same parcel, as
configured on June 12, 1996.
DD. A new manufactured home/recreational vehicle park, subject to Oregon Administrative
Rules 660-004-0040(7)(g) that:
I. Is on property adjacent to an existing manufactured home/recreational vehicle
park;
2. Is adjacent to the City of Bend Urban Growth Boundary; and
3. Has no more than 10 dwelling units.
EE. The full or partial conversion from a manufactured home park or recreational vehicle
park described in DCC 18.32.030 (CC) to a manufactured home park or recreational
vehicle park on the same parcel, as configured on June 12 1996.
FF. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
GG. Guest lodge.
HH. Surface mining of mineral and aggregate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the
excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and
sale of excavated material.
(Ord. 2021-004 §2, 2021; Ord. 2020-001 §4, 2020; Ord. 2016-015 §3, 2016; Ord. 2015-
002 §1, 2015; Ord. 2009-018 § 1, 2009; Ord. 2004-002 §4, 2004; Ord. 2001-039 §2, 2001;
Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-029 §2, 1997; Ord. 97-017 §2,
1997; Ord. 96-038 §1, 1996; Ord. 94-053 §2, 1994; Ord. 94-008 §11, 1994; Ord. 93-043
§§4A and B, 1993; Ord. 92-055 §2, 1992; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991;
Ord. 90-014 § §27 and 35, 1990; Ord. 91-005 § § 19 and 20, 1991; Ord. 91-002 § 7, 1991;
Ord. 86-018 §7, 1986; Ord. 83-033 §2, 1983; Ord. 80-206 §3, 1980)
18.32.035. Destination Resorts.
Destination resorts may be allowed as a conditional use, subject to all applicable standards of the
DR Zone.
(Ord. 92-004 §4, 1992)
18.32.040. Dimensional Standards.
In an MUA Zone, the following dimensional standards shall apply:
A. The minimum lot size shall be 10 acres, except planned and cluster developments shall be
allowed an equivalent density of one unit per seven and one-half acres and planned and cluster
developments within one mile of an acknowledged urban growth boundary shall be allowed a
five acre minimum lot size or equivalent density.
Chapter 18.32 (4/2021)
B. The minimum average lot width shall be 100 feet and the minimum street frontage 50 feet.
C. The minimum average lot depth shall be 150 feet.
D. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in
height, except as allowed by DCC 18.120.040.
(Ord. 2006-008 §4, 2006; Ord. 92-055 §3, 1992; Ord. 91-020 §1, 1991)
18.32.050. Yards.
A. The front yard setback from the property line shall be a minimum of 20 feet for property
fronting on a local street right of way, 30 feet from a property line fronting on a collector right
of way, and 80 feet from an arterial right of way unless other provisions for combining accesses
are provided and approved by the County.
B. Each side yard shall be a minimum of 20 feet. For parcels or lots created before November 1,
1979, which are one-half acre or less in size, the side yard setback may be reduced to a
minimum of 10 feet. For parcels or lots adjacent to property receiving special assessment for
farm use, the adjacent side yard for a dwelling shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards adjacent to property
receiving special assessment for farm use, the rear yards for a dwelling shall be a minimum of
100 feet.
D. The setback from the north lot line shall meet the solar setback requirements in DCC
18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building
or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be
met.
(Ord. 2005-011 §1, 2005; Ord. 94-008 §17, 1994; Ord. 91-020 §1, 1991; Ord. 88-021 §1, 1988;
Ord. 83-037 §9, 1983)
18.32.060. Stream Setbacks.
To permit better light, air, vision, stream pollution control, fish and wildlife areas and to preserve
the natural scenic amenities and vistas along the streams and lakes, the following setbacks shall
apply:
A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back
from the ordinary high water mark along all streams or lakes a minimum of 100 feet, measured
at right angles to the ordinary high water mark. In those cases where practical difficulties
preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds
that a closer location will not endanger health, the Planning Director or Hearings Body may
permit the location of these facilities closer to the stream or lake, but in no case closer than 25
feet.
B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high
water mark along all streams or lakes a minimum of 100 feet measured at right angles to the
ordinary high water mark.
(Ord. 91-020 §1, 1991)
18.32.070. Rimrock Setback.
Setbacks from rimrock shall be as provided in DCC 18.116,160.
(Ord. 86-053 §6, 1986)
Chapter 18.32 (4/2021)
Chapter 18.60. RURAL, RESIDENTIAL ZONE - RR-10
18.60.010. Purposes.
18.60.020. Uses Permitted Outright.
18.60.030. Conditional Uses Permitted.
18.60.035. Destination Resorts.
18.60.040. Yard and Setback Requirements.
18.60.050. Stream Setback.
18.60.060. Dimensional Standards.
18.60.070. Limitations on Conditional Uses.
18.60.080. Rimrock Setback.
18.60.090. Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone.
18.60.010. Purposes.
The purposes of the Rural Residential Zone are to provide rural residential living environments; to
provide standards for rural land use and development consistent with desired rural character and the
capability of the land and natural resources; to manage the extension of public services; to provide
for public review of nonresidential uses; and to balance the public's interest in the management of
community growth with the protection of individual property rights through review procedures and
standards.
(Ord. 91-020 § 1, 1995)
18.60.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright.
A. A single-family dwelling, or a manufactured home subject to DCC 18.116.070.
B. Utility facilities necessary to serve the area including energy facilities, water supply and
treatment and sewage disposal and treatment.
C. Community center, if shown and approved on the original plan or plat of the development.
D. Agricultural use as defined in DCC Title 18.
E. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
F. Class III road or street project.
G. Noncommercial horse stables as defined in DCC Title 18, excluding horse events.
H. Horse events, including associated structures, involving:
l . Fewer than 10 riders;
2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or
3. More than 25 riders, no more than two times per year on nonconsecutive days.
Incidental musical programs are not included in this definition. Overnight stays by
participants, trainers or spectators in RVs on the premises is not an incident of such horse
events.
1. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation
District except as provided in DCC 18.120.050.
J. Type 1 Home Occupation, subject to DCC 18.116.280.
K. Accessory Dwelling Units, subject to DCC 18.116.350.
(Ord. 2019-009 §2, 2019; Ord. 2004-002 §7, 2004; Ord. 2001-039 §5, 2001; Ord. 2001-016 §2,
2001; Ord. 94-008 § 12, 1994; Ord. 93-043 § 8, 1993; Ord. 91-020 § 1, 1991; Ord. 91-005 § § 30 &
31, 1991)
Chapter 18.60 1 (9/2019)
18.60.030. Conditional Uses Permitted.
The following uses may be allowed subject to DCC 18.128:
A. Public park, playground, recreation facility or community center owned and operated by a
government agency or nonprofit community organization.
B. Dude ranch.
C. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
D. Personal use landing strip for airplanes and helicopter pads, including associated hangar,
maintenance and service facilities. A personal use landing strip as used in DCC 18.60.030
means an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an
infrequent and occasional basis, by invited guests. No aircraft may be based on a personal -use
landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to
the activities permitted under this definition may be granted through waiver action by the
Aeronautics Division in specific instances. A personal -use landing strip lawfully existing as of
September 1, 1975, shall continue to be permitted subject to any applicable regulations of the
Aeronautics Division.
E. Planned development.
F. Cluster development.
G. Recreation -oriented facility requiring large acreage such as off -road vehicle track or race track,
but not including a rodeo grounds.
H. Landfill when a written tentative approval by Department of Environmental Quality (DEQ) of
the site is submitted with the application.
L Cemetery,
J. Time-share unit or the creation thereof.
K. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
L. Bed and breakfast inn.
M. Golf course.
N. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a
wetland subject to DCC 18.120.050 and 18.128.270.
O. Church.
P. Public Uses.
Q. Semipublic Uses.
R. Commercial horse stables.
S. Private or public school, including all buildings essential to the operation of such a school.
T. Manufactured home park or recreational vehicle park on a parcel in use as a manufactured
home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being
operated as of June 12, 1996 as a manufactured home park or recreational vehicle park ,
including expansion, conversion and combination of such uses on the same parcel, as
configured on June 12, 1996.
U. The full or partial conversion from a manufactured home park or recreational vehicle park
described in DCC 18.60.030 (T) to a manufactured home park or recreational vehicle park on
the same parcel, as configured on June 12, 1996.
V. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
W. Surface mining of mineral and aggregate resources in conjunction with the operation and
maintenance of irrigation systems operated by an Irrigation District, including_the excavation
and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated
material.
(Ord. 2009-018 § 2, 2009; Ord. 2004-002 §8, 2004; Ord. 2001-039 §5, 2001; Ord. 2001-016 §2,
2001; Ord. 97-063 §3, 1997; Ord. 97-017 §3, 1997; Ord. 96-038 §2, 1996; Ord. 96-021 §1, 1996;
Ord. 94-008 §13, 1994; Ord. 93-043 §§8A and 8B, 1993; Ord. 92-004 §10, 1992; Ord. 91-038 §1,
Chapter 18.60 2 (9/2019)
1991; Ord. 91-020 §1, 1991; Ord. 91-005 §32, 1991; Ord. 90-014 §22, 1990; Ord. 86-018 §13,
1986; Ord. 83-033 §5, 1983)
18.60.035. Destination Resorts.
Destination resorts may be allowed as a conditional use, subject to all applicable standards of the
DR Zone.
(Ord. 92-004 §11, 1992)
18.60.040. Yard and Setback Requirements.
In an RR-10 Zone, the following yard and setbacks shall be maintained.
A. The front setback shall be a minimum of 20 feet from a property line fronting on a local street
right of way, 30 feet from a property line fronting on a collector right of way and 50 feet from
an arterial right of way.
B. There shall be a minimum side yard of 10 feet for all uses, except on the street side of a corner
lot the side yard shall be 20 feet.
C. The minimum rear yard shall be 20 feet.
D. The setback from the north lot line shall meet the solar setback requirements in DCC
18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building
or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be
met.
(Ord. 95-075 §1, 1995; Ord. 94-008 §21, 1994; Ord. 91-020 §1, 1991; Ord. 83-037 §16, 1983)
18.60.050. Stream Setback.
To permit better light, air, vision, stream or pollution control, protect fish and wildlife areas and to
preserve the natural scenic amenities and vistas along streams and lakes, the following setback shall
apply:
A. All sewage disposal installations, such as septic tanks or septic drainfields, shall be set back
from the ordinary high water mark along all streams or lakes a minimum of 100 feet, measured
at right angles to the ordinary high water mark. In those cases where practical difficulties
preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds
that a closer location will not endanger health, the Planning Director or Hearings Body may
permit the location of these facilities closer to the stream or lake, but in no case closer than 25
feet.
B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high
water mark along all streams or lakes a minimum of 100 feet measured at right angles to the
ordinary high water mark.
(Ord. 91-020 § 1, 1991)
18.60.060. Dimensional Standards.
In an RR-10 Zone, the following dimensional standards shall apply:
A. Lot Coverage. The main building and accessory buildings located on any building site or lot
shall not cover in excess of 30 percent of the total lot area.
B. Building Height. No building or structure shall be erected or enlarged to exceed 30 feet in
height, except as allowed under DCC 18.120,040.
C. Minimum lot size shall be 10 acres, except planned and cluster developments shall be allowed
an equivalent density of one unit per 7.5 acres. Planned and cluster developments within one
mile of an acknowledged urban growth boundary shall be allowed a five -acre minimum lot size
or equivalent density. For parcels separated by new arterial rights of way, an exemption shall be
Chapter 18.60 3 (9/2019)
granted pursuant to DCC 18.120.020.
(Ord. 93-034 §1, 1993; Ord. 92-055 §6, 1992)
18.60.070. Limitations on Conditional Uses.
The following limitations shall apply to uses allowed by DCC 18.60.030:
A. The Planning Director or Hearings Body may require establishment and maintenance of fire
breaks, the use of fire resistant materials in construction and landscaping, or may attach other
similar conditions or limitations that will serve to reduce fire hazards or prevent the spread of
fire to surrounding areas.
B. The Planning Director or Hearings Body may limit changes in the natural grade of land, or the
alteration, removal or destruction of natural vegetation in order to prevent or minimize erosion
or pollution.
(Ord. 91-020 §1, 1991)
18.60.080. Rimrock Setback.
Setbacks from rimrock shall be as provided in DCC 18.116.160.
(Ord. 86-053 § 13, 1986)
18.60.090. Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone.
A. Uses Permitted Outright. In the Oregon Water Wonderland Unit 2 Sewer District Limited Use
Combining Zone, uses shall be permitted as follows, the following uses and their accessory uses
are allowed outright:
a. Agricultural use as defined in DCC Title 18.
b. Propagation or harvesting of a forest product.
c. Ground application of treated effluent.
B. Uses Permitted Subject to Site Plan Review. In the Oregon Water Wonderland Unit 2 Sewer
District Limited Use Combining Zone, uses shall be permitted as follows, the following uses
and their accessory uses are perntted subject to applicable provisions of DCC 18.116,
Supplementary Provisions, and DCC 18.124, Site Plan Review:
a. Sewage Treatment Facility.
b. Treated Effluent Ponds.
C. Uses Permitted Conditionally. In the Oregon Water Wonderland Unit 2 Sewer District
Limited Use Combining Zone, Wireless telecommunications facilities, except those facilities
meeting the requirements of DCC 18.116.250(A) or (B), and their accessory uses are
permitted conditionally subject to the applicable provisions of DCC 18.128, Conditional
Uses.
D. Definitions. For the purpose of this section, the use Sewage Treatment Facility includes any
buildings or structures associated with the operations of a sewer treatment plant including, but
not limited to, treatment station or pump station.
E. Special Conditions. Pursuant to Deschutes County Comprehensive Plan Section 5.10, an
application for site plan review to establish a sewage treatment facility must include a
conservation easement and a plan of implementing the conservation easement that provides
standards and implementation methods for managing the conservation easement, along with a
recorded road maintenance agreement between Oregon Water Wonderland Unit 2 Sewer
District and the Beaver Special Road District, with the site plan review application. The road
maintenance agreement between the applicant and the Beaver Special Road District shall
include Oregon Water Wonderland Unit 2 Sewer District's pro rata share for the maintenance
cost of Foster Road through Section 25.
(Ord. 2015-016 §3, 2015; Ord. 2010-016§1, 2010; Ord. 2003-012 §1, 2003).
Chapter 18.60 4 (9/2019)
Chapter 18.36. FOREST USE ZONE - F-1
18.36.010.
Purpose.
18.36.020.
Uses Permitted Outright.
18.36.030.
Conditional Uses Permitted.
18.36.040.
Limitations on Conditional Uses.
18.36.050.
Standards for Single -Family Dwellings.
18.36.060.
Siting of Dwellings and Structures.
18.36.070.
Fire Siting Standards for Dwellings and Structures.
18.36.080.
Fire Safety Design Standards for Roads.
18.36.085.
Stocking Requirement.
18.36.090.
Dimensional Standards.
18.36.100.
Yards and Setbacks.
18.36.110.
Stream Setbacks.
18.36.120.
State Law Controls.
18.36.130.
Rimrock Setbacks.
18.36.140.
Restrictive Covenants.
18.36.010. Purpose.
The purpose of the Forest Use Zone is to conserve forest lands.
(Ord. 92-025 §2, 1992; Ord. 91-020 § 1, 1991)
18.36.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set
forth in DCC 18.36 and any other applicable provisions of DCC Title 18.
A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road
construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal
of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4.
B. Temporary on -site structures that are auxiliary to and used during the term of a particular forest
operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here, temporary
structures are those which are portable and/or not placed on a permanent foundation, and which are
removed at the conclusion of the forest operation requiring its use. For the purposes of this section,
including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land, that
provides help or is directly associated with the conduct of a particular forest practice. An auxiliary
structure is located on site, temporary in nature, and is not designed to remain for the forest's entire
growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice
has concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for
purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams,
reservoirs, road construction or recreational facilities, subject to the Forest Practices Act (ORS Chapter
527) and Goal 4). Gravel extraction and processing not covered by DCC 18.36.020 is governed by
DCC 18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g.,
electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that
provides service hookups, including water service hookups.
Chapter 18.36 1 (10/2020)
G. Temporary portable facility for the primary processing of forest products. The facility shall not be
placed on a permanent foundation and shall be removed at the conclusion of the forest operation
requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the transportation element of the
comprehensive plan including public road and highway projects as described in ORS 215.283(1).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures, accessory to fish and wildlife enhancement.
M. Alteration, restoration or replacement of a lawfully established dwelling that:
1. Has intact exterior walls and roof structure;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or converted to an allowable use within three
months of completion of the replacement dwelling.
N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons
that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use
decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006.
(Ord. 2012-007 §3, 2012; Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992; Ord.
91-020 §l, 1991; Ord. 91-002 §8, 1991)
18.36.030. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable
provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18.
A. Private hunting and fishing operations without any lodging accommodations.
B. Caretaker residences for public parks and fish hatcheries.
C. Temporary forest labor camps limited to the duration of the forest operation requiring its use.
D. Exploration for and production of geo-thermal, gas, oil and other associated hydrocarbons, including the
placement and operation of compressors, separators and other customary production equipment for an
individual well adjacent to the well head.
E. Log scaling and weigh stations.
F. A disposal site which includes a land disposal site which the Department of Environmental Quality has
granted a pen -nit under ORS 459.245, together with equipment, facilities or buildings necessary for its
operation.
G. Private parks and campgrounds.
1. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025.
2. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within
three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732
and OAR Chapter 660, Division 4.
3. For the purpose of DCC 18.36.030 a campground is an area devoted to overnight temporary use for
vacation, recreational or emergency purposes, but not for residential purposes -and is established on
a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for
recreational use by the occupants of the campground.
4. A campground shall be designed and integrated into the rural agricultural and forest environment in
a manner that protects the natural amenities of the site and provides buffers of existing native trees
and vegetation or other natural features between campsites.
5. Campsites may be occupied by a tent, travel trailer or recreational vehicle.
Chapter 18.36 2 (10/2020)
6. Separate sewer, water or electric service hookups shall not be provided to individual campsites
except that electrical service may be provided to yurts allowed for by OAR 660-006-0025(4)(e)(C).
7. Campgrounds shall not include intensively developed recreational uses such as swimming pools,
tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a
camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month
period.
8. A private campground may provide yurts for overnight camping.
a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a
yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. As used in this rule, "yurt" means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
H. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not
otherwise permitted under DCC 18.36.030(D).
I. Television, microwave and radio communication facilities and transmission towers.
J. Fire stations for rural fire protection.
K. Commercial utility facilities for the purpose of generating power. A power generation facility shall not
preclude more than 10 acres from use as a commercial forest operation unless an exception is taken
pursuant to Oregon Administrative Rules 660, Division 4.
L. Aids to navigation and aviation.
M. Water intake facilities, related treatment facilities, pumping stations and distribution lines.
N. Reservoirs and water impoundments.
O. Cemeteries.
P. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210.
New distribution lines (e.g. electrical, gas, oil, geothermal, telephone, fiber optic cable) with rights of
way 50 feet or less in width.
Q. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects.
R. Home Occupations, subject to DCC 18.116.280.
S. Expansion of existing airports.
T. Public road and highway projects as described as ORS 215.283(2) and 215.283(3).
U. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections
of DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife Commission; and
4. Accommodations must be located within one -quarter mile of fish bearing Class I waters.
V. Forest management research and experimentation facilities as described by ORS 526.215 or where
accessory to forest operations.
W. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland,
subject to DCC 18.120.050 and 18.128.270.
X. An existing building, or a manufactured dwelling in conjunction with an existing dwelling as a
temporary use for the term of a hardship suffered by the existing resident or a relative as defined in ORS
215.283. For the purposes of this section, "existing" means the building was in existence on or before
March 29, 2017.
1. As used in this section, "hardship" means a medical hardship or hardship for the care of an aged or
infirm person or persons.
2. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.36.040 and
18.36.060 of this chapter.
Chapter 18.36 3 (10/2020)
3. The manufactured home shall use the same subsurface sewage disposal system used by the existing
dwellings if that disposal system is adequate to accommodate the additional dwelling.
4. If the manufactured dwelling will use a public sanitary sewer system, such condition will not be
required.
5. A temporary residence approved under this subsection is not eligible for replacement under OAR
660-006-025.
Y. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, as pursuant to DCC
18.36.050.
Z. Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040, whichever
is applicable.
AA. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050
and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted; and
3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big
game hunting seasons authorized by the Oregon Fish and Wildlife Commission.
BB. An Extended Outdoor Mass gathering subject to review by a county planning commission pursuant to
DCC Chapter 8.16.
DD. Permanent facility for the primary processing of forest products.
EE. Firearms training facility.
(Ord. 2020-007 §10, 2020; Ord. 2018-006 §6, 2018; Ord. 2012-007 §3, 2012; Ord. 2007-020 §3, 2007; Ord.
2004-002 §5, 2004; Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2,
1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8, 1986)
18.36.040. Limitations on Conditional Uses.
A use authorized by DCC 18.36.030 must meet the following requirements. These requirements are
designed to make the use compatible with forest operations and agriculture and to conserve values found on
forest lands.
A. The proposed use will not force a significant change in, or significantly increase the cost of, accepted
farming or forest practices on agricultural or forest lands.
B. The proposed use will not significantly increase fire hazard or significantly increase fire suppression
costs or significantly increase risks to fire suppression personnel.
C. Prior to final approval of the uses listed in DCC 18.36.030(G), (l), (R), (U), (X), and (Y) the land
owner shall sign and record in the County Clerk's office a written statement recognizing the rights of
adjacent and nearby land owners to conduct forest operations consistent with the Forest Practices Act
and Rules.
(Ord. 2018-006 §6, 2018; Ord. 2012-007 §3, 2012; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992; Ord.
91-020 §1, 1991)
18.36.050. Standards for Single -Family Dwellings.
A. General provisions.
1. Dwellings listed as a conditional use under DCC 18.36.050 shall meet the following standards:
a. One of the alternative tests set out in DCC 18.36.050(B) (lot of record dwelling), (C) (large
tract dwelling), or (D) (template dwelling);
b. If the lot or parcel is part of a "tract," the remaining undeveloped lots or parcels of the tract
shall be consolidated into a single lot or parcel, or the applicant shall sign and record with the
County Clerk covenants, conditions and restrictions (on a form substantially similar to that set
forth in DCC 18.36,140) prohibiting the siting of a dwelling on the undeveloped portions of the
Chapter 18.36 4 (10/2020)
tract. Such covenants, conditions and restrictions are irrevocable, unless a statement of release
is signed by the County Planning Director, or his authorized representative.
c. No other dwellings shall be located on the tract.
d. The applicant shall provide evidence that any domestic water supply is from a source
authorized in accordance with the Department of Water Resources Oregon Administrative
Rules for the appropriation of ground water (Oregon Administrative Rules 690, Division 10) or
surface water (Oregon Administrative Rules 690, Division 20) and not from a Class H stream as
defined in the Forest Practices Rule (Oregon Administrative Rules chapter 629).
i. For purposes of DCC 18.36.050, evidence of a domestic water supply means:
a) Verification from a water purveyor that the use described in the application will be
served by the purveyor under the purveyor's rights to appropriate water; or
b) A water use pen -nit issued by the Water Resources Department for the use described in
the application; or
c) Verification from the Water Resources Department that a water use permit is not
required for the use described in the application. If the proposed water supply is from a
well and is cxcmpt from permitting requirements under ORS 537.545, the applicant
shall submit the well construction report to the County upon completion of the well.
e. If road access to a dwelling is by a road owned and maintained by a private party or by the
Oregon Department of Forestry, the U.S. Bureau of Land Management or the U.S. Forest
Service, then the applicant shall provide proof of a long-term road access use permit or
agreement. The road use permit may require the applicant to agree to accept responsibility for
road maintenance.
2. In addition, dwellings listed as a conditional use under DCC 18.36.030(Y) shall be subject to the
following standards or conditions:
a. The conditional use standards set forth in DCC 18.36.040;
b. The siting criteria set forth in DCC 18.36.060;
c. The fire siting standards set forth in DCC 18.36.070;
d. The fire safety design standards for roads set forth in DCC 18.36.080;
e. The stocking requirements set forth in DCC 18.36.085, if applicable; and
f. Any other provisions made applicable by DCC Title 18 or the comprehensive plan.
3. Dwellings in forest zones shall not be subject to conditional use standards.
4. Approval of a dwelling in the forest zone under DCC Chapter 18.36 shall include a condition of
approval requiring that, prior to the issuance of a building permit, the landowner sign and record in
the deed records for the County a document binding the landowner, and the landowner's successors
in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from
farming or forestry practices for which no action or claim is allowed under ORS 30.936 or 30.937.
B. Lot of Record Dwelling. For approval under DCC 18.36.050(B), a single-family dwelling shall meet
the following requirements:
1. The lot or parcel on which the dwelling would be sited was lawfully created prior to January 1,
1985 and was acquired and owned continuously by the present owner either prior to January 1,
1985 or by devise or by intestate succession from a person who acquired the lot or parcel prior to
January 1, 1985,
2. For the purposes of DCC 18.36.050(B), 'owner" includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law,
father-in-law, aunt, uncle, niece, nephew, step-parent, step -child, grandparent or grandchild of the
owner or a business entity owned by any one or combination of these family members.
3. The dwelling must be located on a tract that is composed of soils not capable of producing 4,000
cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as
defined under ORS 368.001 that provides or will provide access to the subject tract.
a. The road shall be maintained and either paved or surfaced with rock and shall not be a:
Chapter 18.36 5 (10/2020)
C.
7
i. United States Bureau of Land Management (BLM) road, or
ii. a United States Forest Service road unless the road is paved to a minimum width of 18 feet,
there is at least one defined lane in each direction, and a maintenance agreement exists
between the United States Forest Service and landowners adjacent to the road, a local
government or a state agency.
4. For the purposes of DCC 18.36.050, "commercial tree species" means trees recognized for
commercial production under rules adopted by the Oregon Department of Forestry pursuant to ORS
527.715.
5. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no
dwellings exists on another lot or parcel that was part of the tract.
6. When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions
of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed.
7 For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting of the proposed
dwelling would be consistent with the limitations on density as applied under the applicable density
restrictions of DCC 18.88.
Large Tract Dwelling. A dwelling not allowed pursuant to DCC 18.36.050(B) may be
allowed if the subject property consists of at least 240 contiguous acres or 320 acres in one
ownership that are not contiguous but are in the same county or adjacent counties and zoned
for forest use and does not include an existing dwelling.
1. A deed restriction shall be filed pursuant to DCC 18.36.140 for all tracts that are used to
meet the acreage requirements of this subsection.
2. A tract shall not be considered to consist of less than 240 acres because it is crossed by a
public road or a waterway.
Template Dwelling. For approval under DCC 18.36.050(D), a single-family dwelling shall meet the
following requirements:
1. The lot or parcel is predominantly composed of soils that are:
a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if:
i. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if-
i. All or part of at least seven other lots or parcels that existed on January 1, 1993, are within
a 160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
c. Capable of producing more than 50 cubic feet per acre per year of wood fiber if.
i. All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
d. Lots or parcels within urban growth boundaries shall not be used to satisfy the template
requirements under this subsection.
2. Requirements of Applying Template
a. If a tract 60 acres or larger described in DCC 18.36.050(D) abuts a road or perennial stream, the
measurement shall be made by using a 160-acre rectangle that is one mile long and one-fourth
mile wide centered on the center of the subject tract and that is to the maximum extent possible
aligned with the road or stream.
Chapter 18.36 6 (10/2020)
b. If a road crosses the tract on which the dwelling will be located, at least one of the three
required dwellings shall be on the same side of the road as the proposed dwelling. However,
one of the three required dwellings shall be on the same side of the road or stream as the tract
and:
i. Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide
centered on the center of the subject tract and that is to the maximum extent possible
aligned with the road or stream;
ii. Be within one -quarter mile from the edge of the subject tract but not outside the length of
the 160-acre rectangle, and on the same side of the road or stream as the tract.
c. If a tract reviewed under DCC 18.36.050(D) abuts a road that existed on January 1, 1993, the
measurement may be made by creating a 160-acre rectangle that is one mile long and
one-fourth mile wide centered on the center of the subject tract and that is to the maximum
extent possible, aligned with the road.
(Ord. 2012-007 §3, 2012; Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992; Ord.
91-020 §1, 1991)
18.36.060. Siting of Dwellings and Structures.
A. All new dwellings and structures approved pursuant to DCC 18.36.030 or permitted under DCC
18.36.020 shall be sited in accordance with DCC 18.36.060 and DCC 18.36.070.
B. These criteria are designed to make such uses compatible with forest operations and agriculture, to
minimize wildfire hazards and risks and to conserve values found on forest lands.
C. These criteria shall include the following such that the dwellings and structures shall be sited on the
parcel so that they:
1. Have the least impact on nearby or adjoining forest or agricultural lands;
2. Ensure that adverse impacts on forest operations and accepted fanning practices on the tract will be
rniniinized;
3. Minimize the amount of forest lands used to site the dwelling and structures, road access and
service corridors;
4. Are consistent with the applicable provisions of DCC 18.36.070, minimizes the risks associated
with wildfire.
D. Siting criteria satisfying the above may include setbacks from adjoining properties, clustering near or
among existing structures, siting close to existing roads and siting on that portion of the parcel least
suited for growing trees.
(Ord. 2012-007 §3, 2012; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992)
18.36.070. Fire Siting Standards for Dwellings and Structures.
The following fire siting standards shall apply to all new dwellings and permanent structures (including
permitted uses), except as otherwise noted:
A. Access
1. If a water supply, such as a swimming pool, pond, stream or lake, is available and suitable for fire
protection or is required under DCC 18.36.070, then road access to within 15 feet of the water's
edge shall be provided for pumping units. The road access shall be constructed and maintained to
accommodate the maneuvering of fire fighting equipment during the fire season. Permanent signs
shall be posted along the access route to indicate the location of the emergency water source.
2. Road access to the dwelling or structure shall meet the road design standards described in DCC
18.36.080.
B. Firebreaks. The owners of dwellings and structures shall construct and maintain the following
firebreaks on land surrounding the structures that is owned or controlled by the owner:
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1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be constructed
containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders
or other similar materials.
2. Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed outside the
primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental
shrubbery or individual or groups of trees separated by a distance equal to the diameter of the
crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least
eight feet in height. Dead fuels shall be removed.
3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions
around the secondary firebreak. Individual and groups of trees within the fuel break shall be
separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet,
whichever is greater. Small trees and brush growing underneath larger trees shall be removed to
prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least
eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the
beginning of the coming fire season.
4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a
stovepipe or chimney.
C. Caretaker residences and private accommodations for fishing shall not be located on hillsides steeper
than 30 percent and containing flammable fuels. A single family dwelling shall not be sited on a slope
greater than 40 percent.
D. The applicant for a single-family dwelling, caretaker residence or private accommodations for fishing
shall obtain an address from the County address coordinator and shall display that number in a location
of the property that is clearly visible from the road used as the basis for numbering. The numbers shall
not be less than three inches in height, shall be painted in a contrasting or visible color and shall comply
with all other applicable standards for signs.
E. Structural Standards.
1. All dwellings and structures shall use noncombustible or fire resistant roofing materials. This
means roofing material identified as Class A, B or C in the Oregon Uniform Building Code. Roof
sprinklers are not an acceptable alternative to this standard.
2. If the dwelling or structure has a chimney, it shall have a spark arrester.
F. Fire Protection. Single-family dwellings, caretaker residences and private accommodations for fishing
shall be located upon a parcel for which fire protection services are available or where alternative
protective measures are authorized by DCC 18.36.070(F).
1. For the purposes of DCC 18.36.070 fire protection services are available if the parcel is located
within the boundaries of a fire protection district or residential fire protection service is provided by
contract, as evidenced by a written, signed contract.
2. If the dwelling or structure is not within a fire protection district, the applicant shall provide
evidence that the applicant has asked to be included in the nearest such district.
3. If the parcel is not located within a fire protection district and it is determined, following application
for inclusion within the nearest such district, that inclusion in the district would be impracticable,
alternative means of fire protection shall be allowed, consistent with the following standards:
a. The dwelling or structure shall be equipped with a residential fire sprinkler system. For
caretaker residences or single-family residences, such a sprinkler system shall be installed to the
minimum requirements of NFPA 13D "Standards for the Installation of Sprinkler Systems in
One and Two -Family Dwellings."
b. The dwelling shall have on -site water storage capability from a swimming pool, pond, lake, or
similar water body of at least 4,000 gallons or a stream having a continuous year round flow of
at least one cubic foot per second. The applicant shall provide verification from the Water
Resources Department that any permits or registrations required for water diversions have been
obtained or that such permits or registrations are not required under state law for the use.
Chapter 18.36 8 (10/2020)
(Ord. 2004-013 §3, 2004; Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992)
18.36.080. Fire safety Design Standards for Roads.
The following standards apply to all roads and driveways, except for private roads accessing only
commercial forest uses, which access uses permitted under DCC 18.36.020 or approved under DCC
18.36.030.
A. Roads, bridges and culverts shall be designed and maintained to support a minimum gross vehicle
weight (GV W) of 50,000 lbs. If bridges or culverts are involved in the construction of a road or
driveway, written verification of compliance with the 50,000 lb. GVW standard shall be provided by a
Professional Engineer, registered in Oregon.
B. Access roads shall have an unobstructed horizontal clearance of not less than 20 feet and an
unobstructed vertical clearance of not less than 13.5 feet, and provide an all-weather surface.
C. Turnarounds shall have a minimum of 50 feet of turn radius with an all-weather surface and be
maintained for turning of fire fighting equipment.
D. Road grades should not exceed eight percent, with a maximum of 12 percent on short pitches.
Variations from these standards may be granted by the fire service having responsibility for the area
when topographic conditions make these standards impractical and where the local fire protection
district states their fire fighting equipment can negotiate the proposed road grade.
(Ord. 92-025 §2, 1992)
18.36.085. Stocking Requirement.
All dwellings approved under DCC 18.36.050 shall be subject to the provisions of DCC 18.36.085.
A. Stocking Requirement.
1. Dwellings approved under DCC 18.36.050 shall include a condition requiring the owner to plant a
sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet
Department of Forestry stocking requirements specified in Department of Forestry administrative
rules in force at the time the approval is granted.
2. If the lot or parcel is more than 30 acres, the property owner shall submit a stocking survey report to
the county assessor and the assessor will verify that the minimum stocking requirements have been
met by the time required by Department of Forestry rules.
B. Reporting Requirements.
l . The Planning Director or his designee shall notify the County Assessor of any stocking requirement
condition at the time the dwelling is approved.
2. The property owner shall submit a stocking survey report to the County Assessor and the Assessor
shall verify that the minimum stocking requirements have been met by the time required under
Department of Forestry rules. The assessor shall inform the Department of Forestry in cases where
the property owner has not submitted a stocking report or where the survey report indicates that
minimum stocking requirements have not been met.
3. Upon notification by the Assessor, the Department of Forestry shall determine whether the tract
meets minimum stocking requirements of the Forest Practices Act. That decision shall be solely the
decision of the Department of Forestry. If the department determines that the tract does not meet
those requirements, the department shall notify the owner and the Assessor that the land is not being
managed as forest land. The assessor shall then remove the forest land designation pursuant to ORS
321.359.
The tax penalty imposed by the Assessor under DCC 18.36.085 shall be the only sanction for
failure to meet stocking requirements.
(Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994)
Chapter 18.36 9 (10/2020)
18.36.090. Dimensional Standards.
In an F-1 Zone, the following dimensional standards shall apply:
A. The minimum lot size is 80 acres; or
B. band divisions creating parcels less than 80 acres in size may only be approved for uses listed in DCC
18.36.030(D) through (0), provided that those uses have been approved pursuant to DCC 18.36.040.
Such division shall create a parcel that is the minimum size necessary for the use.
C. Building Height. No nonagricultural building or structure shall be erected or enlarged to exceed 30 feet
in height, except as approved under DCC 18.120.040.
(Ord. 94-038 §1, 1994; Ord. 92-055 §4, 1992; Ord. 92-025 §2, 1992; Ord. 83-037 §10, 1983)
18.36.100. Yards and Setbacks.
A. The front yard setback shall be 40 feet from a property line fronting on a local street, 60 feet from a
property line fronting on a collector and 100 feet from a property line fronting on an arterial.
B. Each side yard setback shall be a minimum of 25 feet, except a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum side yard of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except parcels or lots with rear yards adjacent to zoned forest
land shall have a minimum rear yard of 100 feet.
D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 95-075 §1, 1995; Ord. 94-008 §18, 1994; Ord. 92-025 §2, 1992; Ord. 83-037 §11, 1983)
18.36.110. Stream Setbacks.
All sewage disposal installations such as vault toilets, septic tanks and drainfield systems shall be set back
from the ordinary high water mark along all streams and lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark. All structures, buildings or similar permanent fixtures shall be set
back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark.
(Ord. 92-025 §2, 1992)
18.36.120. State Law Controls.
Forest operations are governed by the State Forest Practices Act. Whenever a use allowed by DCC 18.36
conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder,
state law shall control.
(Ord. 92-025 §2, 1992)
18.36.130. Rimrock Setbacks.
Setbacks from rimrock shall be as provided in DCC 18.116.160,
(Ord. 86-053 §8, 1986)
18.36.140. Restrictive Covenants.
Restrictive covenants required under DCC 18.36 shall substantially comply with the form set forth below:
"Declaration of Covenants, Conditions and Restrictions:
Whereas, the undersigned __ hereinafter referred to as 'Declarant," is owner in fee
simple of the property described in Exhibit A attached hereto and incorporated by reference herein; and
Chapter 18.36 10 (10/2020)
Whereas, the Declarant desires to declare his/her intention to create certain covenants, conditions and
restrictions in order to effectuate and comply with the requirements of Oregon Administrative Rule
(OAR) 660-06-027;
Declarant hereby declares that all of the property described on Exhibit A shall be held, sold, and
conveyed subject to the following covenants, conditions and restrictions:
It is not lawful to use the property described in this instrument for the construction or siting of a
dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a
dwelling.
These covenants, conditions and restrictions can be removed only and at such time as the property
described herein is no longer protected under the statewide planning goals for agricultural and forest
lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions
may be removed, and the authorized representative of the County or counties in which the property
subject to these covenants, conditions and restrictions are located executes and records a release of the
covenants, conditions and restrictions created by this instrument.
In witness whereof,
day of
(Ord. 94-038 § 1, 1994)
the undersigned, being Declarant herein, has heretofore set their hand this
Chapter 18.36 11 (10/2020)
Chapter 18.40. FOREST USE ZONE - F-2
18.40.010.
Purpose.
18.40.020.
Uses Permitted Outright.
18.40.030.
Conditional Uses Permitted.
18.40.040.
Limitations on Conditional Uses.
18.40.050.
Standards for Single -Family Dwellings.
18.40.060.
Siting of Dwellings and Structures.
18.40.070.
Fire Siting Standards for Dwellings and Structures.
18.40.080.
Fire Safety Design Standards for Roads.
18.40.085.
Stocking Requirement.
18.40.090.
Dimensional Standards.
18.40.100.
Yards and Setbacks.
18.40.110.
Stream Setbacks.
18.40.120.
State Law Controls.
18.40.130.
Rimrock Setback.
18.40.010. Purpose.
The purpose of the Forest Use Zone is to conserve forest lands.
(Ord. 92-025 §3, 1992; Ord. 91-020 § 1, 1991)
18.40.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set
forth in DCC 18.40 and any other applicable provisions of DCC Title 18:
A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road
construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal
of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4.
B. Temporary on -site structures that are auxiliary to and used during the term of a particular forest
operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here, temporary
structures are those which are portable and/or not placed on a permanent foundation, and which are
removed at the conclusion of the forest operation requiring its use. For the purposes of this section,
including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land that
provides help or is directly associated with the conduct of a particular forest practice. An auxiliary
structure is located on site, temporary in nature, and is not designed to remain for the forest's entire
growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice
has concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for
purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams,
reservoirs, road construction or recreational facilities, subject to the Forest Practices Act_(ORS Chapter
527 and Goal 4). Gravel extraction and processing not covered by DCC 18.40.020 is governed by DCC
18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g.,
electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that
provides service hookups, including water service hookups.
Chapter 18.40 1 (10/2020)
G. Temporary portable facility for the primary processing of forest products. The facility shall not be
placed on a permanent foundation and shall be removed at the conclusion of the forest operation
requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the transportation element of the
comprehensive plan including public road and highway projects as described in ORS 215.283(1).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
M. Alteration, restoration or replacement of a lawfully established dwelling that:
1. Has intact exterior walls and roof structure;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or converted to an allowable use within three
months of completion of the replacement dwelling.
N. An outdoor mass gathering as defined in ORS 433,735 or other gathering of fewer than 3,000 persons
that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use
decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006.
(Ord. 2012-007 §4, 2012; Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992; Ord.
91-020 §1, 1991; Ord. 91-005 §21, 1991; Ord. 91-002 §9, 1991)
18.40.030. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable
provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18:
A. Private hunting and fishing operations without any lodging accommodations.
B. Caretaker residences for public parks and fish hatcheries.
C. Temporary forest labor camps limited to the duration of the forest operation requiring it use.
D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and
other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40.
E. Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the
placement and operation of compressors, separators and other customary production equipment for an
individual well adjacent to the well head.
F. Log scaling and weigh stations.
G. A disposal site which includes a land disposal site which the Department of Environmental Quality has
granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its
operation.
H. Private parks and campgrounds.
1. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025.
2. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within
three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732
and OAR Chapter 660, Division 4.
3. For the purpose of DCC 18.36,030 a campground is an area devoted to overnight temporary use for
vacation, recreational or emergency purposes, but not for residential purposes and is established on
a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for
recreational use by the occupants of the campground.
4. A campground shall be designed and integrated into the rural agricultural and forest environment in
a manner that protects the natural amenities of the site and provides buffers of existing native trees
and vegetation or other natural features between campsites.
Chapter 18.40 2 (10/2020)
5. Campsites may be occupied by a tent, travel trailer or recreational vehicle.
6. Separate sewer, water or electric service hookups shall not be provided to individual campsites
except that electrical service may be provided to yurts allowed for by OAR 660-006-0025(4)(e)(C)._
7. Campgrounds shall not include intensively developed recreational uses such as swimming pools,
tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a
camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month
period.
8. A private campground may provide yurts for overnight camping.
a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a
yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
e. As used in this .rule, "yurt" means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
I. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520,005, and not
otherwise permitted under DCC 18.40.030(E).
J. Television, microwave and radio communication facilities and transmission towers.
K. Fire stations for rural fire protection.
L. Commercial utility facilities for the purpose of generating power. A power generation facility shall not
preclude more than 10 acres from use as a commercial forest operation unless an exception it taken
pursuant to Oregon Administrative Rules 660, Division 4.
M. Aids to navigation and aviation.
N. Water intake facilities, related treatment facilities, pumping stations and distribution lines.
O. Reservoirs and water impoundments.
P. Cemeteries.
Q. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210.
New distribution lines (e.g. gas, oil, geothermal, telephone, fiber optic cable) with rights of way 50 feet
or less in width.
R. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects.
S. Home Occupations, subject to DCC 18.116.280.
T. Expansion of existing airports.
U. Public road and highway projects as described as ORS 215.283(2) and 215.283(3).
V. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections
of DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife Commission; and
4. Accommodations must be located within one -quarter mile of fish -bearing Class I waters.
W. Forest management research and experimentation facilities as described by ORS 526.215 or where
accessory to forest operations.
X. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, pursuant to DCC
18,40.050.
Y. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland,
subject to DCC 18.120.050 and 18.128.270.
Z. An existing building, or a manufactured home in conjunction with an existing dwelling as a temporary
use for the term of a hardship suffered by the existing resident or a relative as defined in ORS 215.283,
For the purposes of this section, "existing" means the building was in existence on or before March 29,
2017.
1. As used in this section, "hardship" means a medical hardship or hardship for the care of an aged or
infirm person or persons.
Chapter 18.40 3 (10/2020)
2. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.40.040 and
18.40.60.
3. The manufactured home shall use the same subsurface sewage disposal system used by the existing
dwellings if that disposal system is adequate to accommodate the additional dwelling.
4. If the manufactured dwelling will use a public sanitary sewer system, such condition will not be
required.
5. A temporary residence approved under this subsection is not eligible for replacement under OAR
660-006-025.
AA.Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040, whichever
is applicable.
BB. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050
and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted; and
3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big
game hunting seasons authorized by the Oregon Fish and Wildlife Commission
CC. An Extended Outdoor Mass Gathering subject to review by a county planning commission pursuant to
DCC Chapter 8.16.
DD. Permanent storage and repair of logging equipment.
EE. Permanent facility for the primary processing of forest products.
FF. Firearms training facility.
(Ord. 2020-007 §11, 2020; Ord. 2018-006 §7, 2018; Ord. 2012-007 §4, 2012; Ord. 2007-020 §4, 2007; Ord.
2004-002 §6, 2004; Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2,
1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8, 1986)
18.40.040. Limitations on Conditional Uses.
A use authorized by DCC 18.40.030 must meet the following requirements. These requirements are
designed to make the use compatible with forest operations and agriculture and to conserve values found on
forest lands.
A. The proposed use will not force a significant change in, or significantly increase the cost of, accepted
farming or forest practices on agriculture or forest lands;
B. The proposed use will not significantly increase fire hazard or significantly increase fire suppression
costs or significantly increase risks to fire suppression personnel.
C. Prior to final approval of the uses listed in DCC 18.40.030(H), (0), (S), (V), (X) and (Z), the landowner
shall sign and record in the County Clerk's office a written statement recognizing the rights of adjacent
and nearby landowners to conduct forest operations consistent with the Forest Practices Act and Rules.
(Ord. 2018-006 §7, 2018; Ord. 2012-007 §4, 2012; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992; Ord.
91-020 §1, 1991)
18.40.050. Standards for Single -Family Dwellings.
A. General Provisions.
1. Dwellings listed as a conditional use under DCC 18.40.030(X) shall meet the following standards:
a. One of the alternative tests set out in DCC 18.40.050(B) (lot of record dwelling), DCC
18.40.050(C) (large tract dwelling), or DCC 18.40.050(D) (template dwelling);
b. If the lot or parcel is part of a "tract," the remaining undeveloped lots or parcels of the tract
shall be consolidated into a single lot or parcel, or the applicant shall sign and record with the
County Clerk covenants, conditions and restrictions (on a form substantially similar to that set
forth in DCC 18.36.140) prohibiting the siting of a dwelling on the undeveloped portions of the
Chapter 18.40 4 (10/2020)
tract. Such covenants, conditions and restrictions are irrevocable, unless a statement of release
is signed by the County Planning Director, or his authorized representative.
c. No other dwellings shall be located on the tract.
d. The applicant shall provide evidence that any domestic water supply is from a source
authorized in accordance with the Department of Water Resources Oregon Administrative
Rules for the appropriation of ground water (Oregon Administrative Rules 690, Division 10) or
surface water (Oregon Administrative Rules 690, Division 20) and not from a Class H stream as
defined in the Forest Practices Rule (Oregon Administrative Rules Chapter 629).
For purposes of DCC 18.40.050, evidence of a domestic water supply means:
i. Verification from a water purveyor that the use described in the application will be served
by the purveyor under the purveyor's rights to appropriate water; or
ii. A water use permit issued by the Water Resources Department for the use described in the
application; or
iii. Verification from the Water Resources Department that a water use permit is not required
for the use described in the application. If the proposed water supply is from a well and is
exempt from permitting requirements under ORS 537.545, the applicant shall submit the
well construction report to the County upon completion of the well.
e. If road access to a dwelling is by a road owned and maintained by a private party or by the
Oregon Department of Forestry, the U.S. Bureau of Land Management or the U.S. Forest
Service, then the applicant shall provide proof of a long-term road access use permit or
agreement. The road use permit may require the applicant to agree to accept responsibility for
road maintenance.
2. In addition, dwellings listed as a conditional use under DCC 18.40.030(X) shall be subject to the
following standards or conditions:
a. The conditional use standards set forth in DCC 18,40.040;
b. The siting criteria set forth .in DCC 18.40.060;
c. The fire siting standards set forth in DCC 18.40.070;
d. The fire safety design standards for roads set forth in DCC 18.40.080;
e. The stocking requirements set forth in DCC 18.40.085, if applicable; and
f. Any other provisions made applicable by DCC Title 18 or the comprehensive plan.
3. Dwellings in forest zones shall not be subject to conditional use standards.
4. Approval of a dwelling in the forest zone under DCC Chapter 18.40 shall include a condition of
approval requiring that, prior to the issuance of a building permit, the landowner sign and record in
the deed records for the County a document binding the landowner, and the landowner's successors
in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from
farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937.
B. Lot of Record Dwelling. For approval under DCC 18.40.050, a single-family dwelling shall meet the
following requirements:
1. The lot or parcel on which the dwelling would be sited was lawfully created prior to January 1,
1985 and was acquired and owned continuously by the present owner either prior to January 1,
1985 or by devise or by intestate succession from a person who acquired the lot or parcel prior to
January 1, 1985.
2. For the purposes of DCC 18.40.050, "owner" includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother -in- law,
father-in-law, aunt, uncle, niece, nephew, step-parent, step -child, grandparent or grandchild of the
owner or a business entity owned by any one or combination of these family members.
3. The dwelling would be located on a tract that is composed of soils not capable of producing 4,000
cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as
defined under ORS 368.001 that provides or will provide access to the subject tract.
a. The road shall be maintained and either paved or surfaced with rock and shall not be:
i. a United States Bureau of Land Management (BLM) road; or
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ii. a United States Forest Service road unless the road is paved to a minimum width of 18 feet,
there is at least one defined lane in each direction and a maintenance agreement exists
between the United States Forest Service and landowners adjacent to the road, a local
government or a state agency.
4. For the purposes of DCC 18.40.050, "commercial tree species" means trees recognized for
commercial production under rules adopted by the Oregon Department of Forestry pursuant to
ORS 527.715.
5. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no
dwellings exists on another lot or parcel that was part of the tract.
6. When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions
of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed.
7. For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting of the proposed
dwelling would be consistent with the limitations on density as applied under the applicable density
restrictions of DCC 18.88.
C. Large Tract Dwelling. A dwelling not allowed pursuant to DCC 18.40.050(B) may be allowed if the
subject property consists of at least 240 contiguous acres or 320 acres in one ownership that are not
contiguous but are in the same county or adjacent counties and zoned for forest use and does not include
an existing dwelling.
1. A deed restriction shall be filed pursuant to DCC 18.40.140 for all tracts that are used to meet the
acreage requirements of this subsection.
2. A tract shall not be considered to consist. of less than 240 acres because it is crossed by a public
road or a waterway.
D. Template Dwelling. For approval under DCC 18.40.050(D), a single-family dwelling shall meet the
following requirements:
1. The lot or parcel is predominantly composed of soils that are:
a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if:
i. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least seven other lots or parcels that existed on January 1, 1993, are within
a 160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
e. Capable of producing more than 50 cubic feet per acre per year of wood fiber i£
i. All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
2. Requirements of Applying Template
a. Lots or parcels within urban growth boundaries shall not be used to satisfy the template
requirements under this subsection.
b. Except as provided by subsection (c) of this section, if the tract described in DCC 18.40.050(D)
abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160-
acre rectangle that is one mile long and 1/4 mile wide centered on the center of the subject tract
and that is to the maximum extent possible, aligned with the road.
e. (A) If a tract 60 acres or larger described in DCC 18.40.050(D) abuts a road or perennial
stream, the measurement shall be made in accordance with subsection (b) of this section.
Chapter 18.40 6 (10/2020)
However, one of the three required dwellings shall be on the same side of the road or stream as
the tract, and;
i. Be located within a 160-acre rectangle that is one mile long and one -quarter mile wide
centered on the center of the subject tract and that is, to the maximum extent possible aligned
with the road or stream; or
ii. Be within one -quarter mile from the edge of the subject tract but not outside the length of
the 160-acre rectangle, and on the saine side of the road or stream as the tract.
(B) If a road crosses the tract on which the dwelling will be located, at least one of the three
required dwellings shall be on the same side of the road as the proposed dwelling.
(Ord. 2018-006 §7, 2018; Ord. 2012-007 §4, 2012; Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord.
92-025 § 3, 1992; Ord. 91-020 § 1, 1991)
18.40.060. Siting of Dwellings and Structures.
A. All new dwellings and structures approved pursuant to DCC 18.40.030 or permitted under DCC
18.40.020 shall be sited in accordance with DCC 18.40.060 and DCC 18.40.070.
B. These criteria are designed to make such uses compatible with forest operations and agriculture, to
minimize wildfire hazards and risks, and to conserve values found on forest lands.
C. These criteria shall include the following such that the dwellings and structures shall be sited on the
parcel so that they:
1. Have the least impact on nearby or adjoining forest or agricultural lands;
2. Ensure that adverse impacts on forest operations and accepted farming practices on the tract will be
minimized;
3. Minimize the amount of forest lands used to site the dwelling and structures, road access and
service corridors;
4. Are consistent with the applicable provisions of DCC 18.40.070, minimizes the risks associated
with wildfire.
D. Siting criteria satisfying the above may include setbacks from adjoining properties, clustering near or
among existing structures, siting close to existing roads and siting on that portion of the parcel least
suited for growing trees.
(Ord. 2012-007 §4, 2012; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992)
18.40.070. Fire Siting Standards for Dwellings and Structures.
The following fire siting standards shall apply to all new dwellings and permanent structures (including
permitted uses):
A. Access.
1. If a water supply, such as a swimming pool, pond, stream or lake, is available and suitable for fire
protection or is required under DCC 18.40.070, then road access to within 15 feet of the water's
edge shall be provided for pumping units. The road access shall be constructed and maintained to
accommodate the maneuvering of fire fighting equipment during the fire season. Permanent signs
shall be posted along the access route to indicate the location of the emergency water source.
2. Road access to the dwelling or structure shall meet the road design standards described in DCC
18.40.080.
B. Firebreaks. The owners of dwellings and structures shall construct and maintain the following
firebreaks on land surrounding the structures that is owned or controlled by the owner:
1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be constructed
containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders
or other similar materials.
2. Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed outside the
primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental
shrubbery or individual or groups of trees separated by a distance equal to the diameter of the
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crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least
eight feet in height. Dead fuels shall be removed.
3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions
around the secondary firebreak. Individual and groups of trees within the fuel break shall be
separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet,
whichever is greater. Small trees and brush growing underneath larger trees shall be removed to
prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least
eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the
beginning of the coming fire season.
4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a
stovepipe or chimney.
C. Caretaker residences and private accommodations for fishing shall not be located on hillsides steeper
than 30 percent and containing flammable fuels. A single family dwelling shall not be sited on a slope
greater than 40 percent.
D. The applicant for a single-family dwelling, caretaker residence or private accommodations for fishing
shall obtain an address from the County address coordinator and shall display that number in a location
of the property that is clearly visible from the road used as the basis for numbering. The numbers shall
not be less than three inches in height, shall be painted in a contrasting or visible color and shall comply
with all other applicable standards for signs.
E. Structural Standards.
1. All dwellings and structures shall use noncombustible or fire resistant roofing materials. This
means roofing material identified as Class A, B or C in the Oregon Uniform Building Code. Roof
sprinklers are not an acceptable alternative to this standard.
2. If the dwelling or structure has a chimney, it shall have a spark arrester.
F. Fire Protection. Single-family dwellings, caretaker residences and private accommodations for fishing
shall be located upon a parcel for which fire protection services are available or where alternative
protective measures are authorized by DCC 18.40.070(F).
1. For the purposes of DCC 18,40.070 fire protection services are available if the parcel is located
within the boundaries of a fire protection district or residential fire protection service is provided by
contract, as evidenced by a written, signed contract.
2. If the dwelling or structure is not within a fire protection district, the applicant shall provide
evidence that the applicant has asked to be included in the nearest such district.
3. If the parcel is not located within a fire protection district and it is determined, following application
for inclusion within the nearest such district, that inclusion in the district would be impracticable,
alternative means of fire protection shall be allowed, consistent with the following standards:
a. The dwelling or structure shall be equipped with a residential fire sprinkler system. For
caretaker residences or single-family residences, such a sprinkler system shall be installed to the
minimum requirements of NFPA 13D "Standards for the Installation of Sprinkler Systems in
One and Two -Family Dwellings."
b. The dwelling shall have on -site water storage capability from a swimming pool, pond, lake, or
similar water body of at least 4,000 gallons or a stream having a continuous year round flow of
at least one cubic foot per second. The applicant shall provide verification from the Water
Resources Department that any permits or registrations required for water diversions have been
obtained or that such permits or registrations are not required under state law for the use.
(Ord. 2004-013 §4, 2004; Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992)
18.40.080. Fire Safety Design Standards for Roads.
The following standards apply to all roads and driveways, except for private roads accessing only
connnercial forest uses, which access uses permitted under DCC 18.40.020 or approved under DCC
18.40.030.
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A. Roads, bridges and culverts shall be designed and maintained to support a minimum gross vehicle
weight (GVW) of 50,000 lbs. If bridges or culverts are involved in the construction of a road or
driveway, written verification of compliance with the 50,000 lb. GVW standard shall be provided by a
professional engineer registered in Oregon.
B. Access roads shall have an unobstructed horizontal clearance of not less than 20 feet and an
unobstructed vertical clearance of not less than 13.5 feet, and provide an all-weather surface.
C. Turnarounds shall have a minimum of 50 feet of turn radius with an all-weather surface and be
maintained for turning of fire fighting equipment.
D. Road grades should not exceed eight percent, with a maximum of 12 percent on short pitches.
Variations from these standards may be granted when topographic conditions make these standards
impractical and where the local fire protection district states their fire fighting equipment can negotiate
the proposed road grade.
(Ord. 92-025 §3, 1992)
18.40.085. Stocking Requirement.
All dwellings approved under DCC 18.40 shall be subject to the provisions of DCC 18.40.085.
A. Stocking Requirement.
1. Dwellings approved under DCC 18.40 shall include a condition requiring the owner to plant a
sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet
Department of Forestry stocking requirements specified in Department of Forestry administrative
rules (Oregon Administrative Rules 629 in force at the time the approval is granted.
2. If the lot or parcel is more than 30 acres, the property owner shall submit a stocking survey report to
the county assessor and the assessor will verify that the minimum stocking requirements have been
met by the time required by Department of Forestry rules.
B. Reporting Requirements.
1. The Planning Director or his designee shall notify the County Assessor of any stocking requirement
condition at the time the dwelling is approved.
2. The property owner shall submit a stocking survey report to the County Assessor and the Assessor
shall verify that the minimum stocking requirements have been met by the time required under
Department of Forestry rules. The Assessor shall inform the Department of Forestry in cases where
the property owner has not submitted a stocking report or where the survey report indicates that
minimum stocking requirements have not been met.
3. Upon notification by the Assessor, the Department of Forestry shall determine whether the tract
meets minimum stocking requirements of the Forest Practices Act. That decision shall be solely the
decision of the Department of Forestry. If the department determines that the tract does not meet
those requirements, the department shall notify the owner and the assessor that the land is not being
managed as forest land. The Assessor shall then remove the forest land designation pursuant to
ORS 321.359.
The tax penalty imposed by the Assessor under DCC 18.40.085 shall be the only sanction for
failure to meet stocking requirements.
(Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994)
18.40.090. Dimensional Standards.
In an F-2 Zone, the following dimensional standards shall apply:
A. The minimum lot size is 80 acres; or
B. Land divisions creating parcels less than 80 acres in size may only be approved for uses listed in DCC
18.40.030(D) through (P), provided that those uses have been approved pursuant to DCC 18,40.040.
Such division shall create a parcel that is the minimum size necessary for the use.
Chapter 18.40 9 (10/2020)
C. Building Height. No nonagricultural building or structure shall be erected or enlarged to exceed 30 feet
in height, except as approved under DCC 18.120.040.
(Ord. 94-038 §2, 1994; Ord. 92-055 §5, 1992; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991)
18.40.100. Yards and Setbacks.
A. The front yard setback shall be 40 feet from a property line fronting on a local street, 60 feet from a
property line fronting on a collector and 100 feet from a property line fronting on an arterial.
B. Each side yard setback shall be a minimum of 25 feet except:
1. All parcels or lots with a side yard adjacent to zoned forest land shall have a minimum side yard of
100 feet; and
2. Tracts 1-58 located in Haner Park, located in Township 22, Range 09, Section 09BB and Section
04CC, and Tax Lot 2209000000600 shall have a minimum side yard of 25 feet as long as the side
yard abuts the Forest Use 2 zone.
C. Rear yards shall be a minimum of 25 feet, except:
1. All parcels or lots with rear yards adjacent to zoned forest land shall have a minimum rear yard of
100 feet; and
2. Tracts 1-58 located in Haner Park, located in Township 22, Range 09, Section 09BB and Section
04CC, and Tax Lot 2209000000600 shall have a minimum rear yard of 25 feet as long as the rear
yard abuts the Forest Use 2 zone.
D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 2016-006 §2, 2016; Ord. 95-075 §l, 1995; Ord. 94-008 §19, 1994; Ord. 92-025 §3, 1992; Ord. 91-020
§1, 1991; Ord. 83-037 §11, 1983)
18.40.110. Stream Setbacks.
All sewage disposal installations, such as vault toilets, septic tanks and drainfield systems shall be set back
from the ordinary high water mark along all streams and lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark. All structures, buildings or similar permanent fixtures shall be set
back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark.
(Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991)
18.40.120. State Law Controls.
Forest operations are governed by the State Forest Practices Act. Whenever a use allowed by DCC 18.40
conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder,
state law shall control.
(Ord. 92-025 §3, 1992)
18.40.130. Rimrock Setback.
Setbacks from rimrock shall be as provided in DCC 18.116.160.
(Ord. 93-043 §5, 1993; Ord. 86-053 §8, 1986)
Chapter 18.40 10 (10/2020)