2025-244-Minutes for Meeting May 21,2025 Recorded 7/31/2025.,A- ES C'J 2
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
9:00 AM
Recorded in Deschutes County
Steve Dennison, County ClerkCJ2025�24Q
Commissioners' Journal 07/31 /2025 10:55:04 AM
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2025-244
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
WEDNESDAY May 21, 2025
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Anthony DeBone, Patti Adair and Phil Chang (via Zoom).
Also present were County Administrator Nick Lelack; Senior Assistant Legal Counsel Kim Riley;
and BOCC Executive Assistant Brenda Fritsvold.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website www.deschutes or /g meetings.
CALL TO ORDER: Chair DeBone called the meeting to order at 9:05 am and noted the
temporary absence of Commissioner Chang, who joined the meeting
via Zoom at 9:29 am.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
Christina Hall expressed her appreciation for the County's attention to the
displacement of unauthorized encampments from China Hat, saying that the
County's Road Department and Sheriffs Office along with the City of Bend
collaborated to address concerns, including finding alternate locations for displaced
campers. Saying this was a complex and politically fraught issue, she appreciated
that it was addressed cooperatively and with respect.
Greg Bryant commented on the Board's decision to discontinue the County's DEIA
committee and said DEI efforts serve to promote fair treatment and the full
participation of everyone.
BOCC MEETING MAY 21, 2025 PAGE 1 OF 14
Commissioner DeBone spoke to his youth in the suburbs of Detroit, Michigan and
his experience with a growing societal acceptance of diverse cultures. He stated his
desire to serve everyone and make sure that all are welcomed and included.
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
1. Approval of a Notice of Intent to Award a contract to Steele Associates Architects
for design of the Gray Courthouse Improvements Project
2. Approval of an Intergovernmental Cooperative Purchasing Agreement with Pend
Oreille County
3. Authorization to relinquish mineral rights associated with real property located at
54785 Pinewood Avenue, Bend
4. Approval of Board Order No. 2025-021 reappointing Gregory Colvin as justice of
the Peace Pro Tempore
5. Consideration of Board signature on letter appointing Christina Maier for service
on the Project Wildfire Steering Committee
6. Approval of the minutes of the BOCC April 21, 2025 meeting
7. Approval of the minutes of the May 9, 2025 Legislative Update meeting
8. Approval of the Minutes of the May 2, 2025 BOCC Legislative Update meeting
ADAIR: Move Board approval of the Consent Agenda as presented
DEBONE: Second
VOTE: ADAI R: Yes
CHANG: (not present)
DEBONE: Chair votes yes. Motion Carried 2 - 0
ACTION ITEMS:
9. Presentation by Deschutes Trails Coalition on the Stewardship Grant Closeout
Report and request regarding use of remaining grant funds
Robert Tintle, Chief Financial Officer, introduced Jana Johnson, executive director of
the Deschutes Tails Coalition (DTC), who presented a report on the DTC stewardship
grant and sought authorization from the Board to retain and utilize unspent funds.
Johnson reviewed that in January of 2022, the Board granted $600,000 in Transient
BOCC MEETING MAY 21, 2025 PAGE 2 OF 14
Room Tax (TRT) funds to the Trails Coalition for a variety of projects. At this time,
$17,248 of unspent grant funds remains from two of the projects, and the DTC
seeks approval to allocate those funds for trail crew operations in the Deschutes
National Forest.
Commissioners DeBone and Adair reiterated their displeasure that the DTC had
awarded $80,444 of the grant funds to the Deschutes Land Trust to support the
purchase of the 1,100-acre Spectre Ranch for a nature preserve and recreation area.
Both Commissioners felt that the expenditure was outside the grant's intended
purpose.
Commissioner Chang joined the meeting remotely at 9:29 am.
Noting that two of the funded projects were able to be accomplished under budget,
Commissioner Chang suggested allowing the use of the unspent funds for trail crew
operations for the specific benefit of the two organizations which together saved
$17,248. Discussion ensued regarding whether and how the use of those funds
could be targeted to help develop certain trails in the Newberry National Volcanic
Monument and/or assist with Oregon Equestrian Trails work in the area of its Chief
Paulina and Three Creek Meadow corrals.
ADAIR: Move to approve an amendment to contract No. 2022-187 with the
Deschutes Trails Coalition allowing the use of $17,248 in remaining
grant funds to support trail crew operations as discussed
CHANG: Second
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
10. Public Hearing and consideration of emergency adoption of Ordinance
No. 2025-006 amending County Code regarding Transient Room Tax collections
Robert Tintle, Chief Financial Officer, presented recommended amendments to
County Code Section 4.08 regarding the imposition of the Transient Room Tax.
Explaining that the proposed changes will update the Code language and bring it
into alignment with State regulations, Tintle said the changes include modifying the
term "Transient Room Tax" to "Transient Lodging Tax" and widening the applicable
facilities term from "hotel" to "Transient Lodging Facility." Additionally, definitions
will be added for short-term rentals and for the platforms used to offer, book and
manage those.
BOCC MEETING MAY 21, 2025 PAGE 3 OF 14
Tintle reviewed other proposed changes, including adding a fee for the initial
registration of a lodging facility and requiring annual renewals. These fees will be
used to offset the administration of the Transient Lodging Tax program.
In response to Commissioner DeBone, Tintle said notices of today's public hearing
were either emailed or mailed to all owners and managers of properties known to
be used and/or available for public lodging.
The public hearing was opened at 9:50 am. There being no one who wished to speak, the
public hearing was closed at 9:51 am.
ADAI R: Move approval of first and second reading of Ordinance No. 2025-006
by title only
CHANG: Second
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
Chair DeBone read the title of the ordinance into the record two times.
ADAI R: Move adoption of Ordinance No. 2025-006 amending Title 4.08, Transient
Lodging Tax, of the Deschutes County Code, by emergency to take effect on
September 1, 2025
CHANG: Second
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
11. Board direction to schedule a hearing in response to the complaint by Amy
Varner against Rodney Dieckhoff, President of the Four Rivers Vector Control
District
Commissioner DeBone recused himself from participating in the discussion of this
matter.
Dave Doyle, County Counsel, reviewed the complaint submitted by Amy Varner
against Rodney Dieckhoff, President of the Four Rivers Vector Control District, and
sought Board direction as required by State statute. Explaining that the Board is
mandated to hold a public hearing in this case unless the involved parties withdraw
the complaint, Doyle said he will work with staff to schedule a public hearing on a
date that works for all of the parties.
BOCC MEETING MAY 21, 2025 PAGE 4 OF 14
12. Cascade East Transit Presentation: Fare Policy and other updates
Bob Townsend, Cascade East Transit (CET) Director, shared an update on a recent
fare policy approved by COIC as well as other updates on CET programming and
initiatives, including extended service hours starting)une 2nd and the launch of a
new Route 8 in northeast Bend. Adding that CET is considering adding a route to
directly serve the Redmond Municipal Airport or one that would serve the
Deschutes River Woods area, he said in July, CET will begin to notify the public that a
transit pass will be required for service starting in September. This summer, the CET
Board will consider a proposal to implement fares starting October 1 st after not
having collected fares on many routes for five years.
In response to Commissioner Adair, Townsend said the La Pine-Sunriver route has
not been re-established. Noting that all routes are dependent on funding
availability, he explained CET's efforts to maximize ridership where that can be
done.
Responding to Commissioner DeBone, Townsend said it's expected that 25% of
riders will pay a $2.00 one-way full fare price and others will pay a reduced rate of
$1.00 per trip.
Discussion ensued regarding Oregon's Statewide Transportation Improvement Fund
(STIF). Townsend explained that while CET is heavily reliant on STIF dollars for rural
service, it also receives grants. It anticipates collecting $750,000 to $1 million in fares
in the upcoming year, which will be used for operating costs.
Responding to Commissioner Adair, Townsend said requiring riders to use a transit
pass will help to track and deny service to those who have been banned for
inappropriate behavior.
13. Resolution regarding public use fire restrictions on unprotected lands and
County -owned lands
Kevin Moriarty, County Forester, sought Board approval of Resolution No. 2025-013
to impose public use restrictions starting June 1 st to help prevent fire starts.
Explaining that the resolution would prohibit any open fires except in designated
areas, Moriarty listed other restrictions, including on the use of chainsaws during
certain hours.
ADAIR: Move approval of Resolution No. 2025-013, declaring a state of emergency
and imposing public use restrictions on all unprotected wildlands within
BOCC MEETING MAY 21, 2025 PAGE 5 OF 14
unincorporated Deschutes County, and all lands owned by Deschutes County
CHANG: Second
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
A break was announced at 10:46 am. The meeting resumed at 10:51 am.
14. Consideration of second reading of Ordinance No. 2025-005: Temporary
Hardship Dwelling Text Amendments
Will Groves, Planning Manager, said since the Board approved first reading of
Ordinance No. 2025-005 on May 71", staff discovered a minor clerical error in Exhibit
C. As now presented for second reading and adoption, Section X.1. in Exhibit C has
been corrected to remove the word "medical' from the term "temporary dwelling
for medical hardship" so it instead refers to temporary hardship dwellings in
alignment with the other sections.
ADAIR: Move approval of second reading of Ordinance No. 2025-005 by title only
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
Chair DeBone read the title of the ordinance into the record.
ADAIR: Move adoption of Ordinance No. 2025-005 amending Title 18 of the
Deschutes County Code relating to Temporary Hardship Dwellings
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
Groves said the ordinance will take effect on August 191"
15. Continued Public Hearing: Reconsideration of Deschutes County 2040
Comprehensive Plan Update
Planning Manager Will Groves reminded that the continued public hearing on the
reconsideration of Ordinance 2024-007, related to the adoption of the Deschutes
BOCC MEETING MAY 21, 2025 PAGE 6 OF 14
County 2040 Comprehensive Flan update, will be limited de novo with only
testimony related to the petitioner's brief submitted by Central Oregon LanclWatch
allowed.
Rory Isbell, Central Oregon LanclWatch (COLW), explained that COLW's appeal of the
Plan is based on non-compliance with Goal 14 (Urbanization) of the statewide land
use planning policy. COLW argues that the Plan violates Goal 14 in several respects,
including by allowing the unlimited rezoning of rural agricultural and forest lands
without Goal 14 review, and by extending the MUA and RR zones to non -exception
areas without determining new goal exceptions. COLW takes particular issue with
unlimited rezones of rural land for residential, industrial and commercial uses,
which increases wildfire risk and strains both groundwater supplies and the
provision of public services, including transportation and public safety.
Saying that Goal 14 requires an orderly growth path for land within an urban growth
boundary, Commissioner DeBone asked how rezones which are disconnected from
or even remote from a UGB can be construed to be "urbanization."
Responding that Goal 14 recognizes land on both sides of a UGB, Isbell said this goal
applies to County land use decisions which allow residential, commercial and
industrial uses outside of UGBs.
Discussion ensued regarding if Goal 14 applies to rural resource lands upon their
conversion to residential, commercial or industrial uses and whether such
conversions constitute urbanization, even for developments having a ten -acre
minimum density in accordance with the MUA10 and RR zones.
In response to Commissioner DeBone, Isbell said the County created the MUA10
and RR zones to accommodate recognized exception areas which were already
developed with rural residences or rural industrial uses. Continuing to rezone rural
farm and forest land for such uses, however, can result in new urban population
growth and development outside of UGBs.
Commissioner DeBone said some land which is zoned as resource land cannot be
profitably farmed. Isbell said while COLW would welcome a large -picture process
whereby all property zoned as resource land in the County is considered as to the
appropriateness of its zoning, COLW does not support allowing individual rezones
to be pursued and approved in the absence of a holistic review and consideration.
Commissioner Chang reminded that rezones of rural property change the use of
land which could be farmed or used for grazing, and can drive up the cost of land
zoned exclusively for farm use.
BOCC MEETING MAY 21, 2025 PAGE 7 OF 14
Adam Smith, testifying on behalf of Pohaku Farms, said COLW's appeal of the
County's 2040 Comprehensive Plan update challenges provisions which were
contained in the Plan since before the update. Adding that amendments to zoning
maps are a necessary planning tool, he said some properties in Deschutes County
are improperly zoned EFU, and there must be a process for rezoning properties
which are inappropriately zoned.
In response to Commissioner DeBone, Smith said no one buys property in
Deschutes County expecting that it can be rezoned as doing that would be too
financially risky with no guarantee of success.
Commissioner Chang said the allowable development on any property affects its
value and hence its selling price.
Referring to COLW's claim that approximately 3,000 acres of farm and forest land
were rezoned in Deschutes County over the last 12 years, Commissioner Adair said
this works out to an average of about 250 acres each year of the County's total
1,955,000 acres.
Smith added that applicants for rezones have repeatedly prevailed when their
applications are challenged on the basis of Goal 14 violations.
Commissioner Chang objected to considering rezones of rural land on a case -by -
case basis and not on the cumulative impacts of different rezones.
Dorinne Tye supported COLW's appeal of the 2040 Comprehensive Plan in
the interest of protecting resource land, farm use and wildlife habitat. She
urged the Board to listen to its constituents and protect valuable natural
resources from unwarranted development.
Mari Fleishmann stated her support for COLW's appeal and agreed with the
need to protect forest and farmlands from development sprawl.
Mark Stockhamp opposed COLW's appeal of the 2040 Comp Plan, saying that
thousands of acres in Oregon are zoned incorrectly. Noting that Bend Parks
& Rec recently requested a rezone of property outside of Bend's city limits,
he said private property owners should be allowed to apply for rezones,
especially for land erroneously zoned as forest or farmland.
There being no one else who wished to speak, the public hearing was closed at 11:54 am.
Following discussion, the Board was in consensus to leave the written record open
until 4:00 pm on Wednesday, May 28th.
A lunch recess was taken at 11:59 am. The meeting reconvened at 1:00 pm.
BOCC MEETING MAY 21, 2025 PAGE 8 OF 14
16. Work Session: Preparation for Public Hearing - Clear and Objective Housing
Text Amendments to Deschutes County Code Section Title 17 (Subdivisions)
Will Groves, Planning Manager, explained the State mandate that local governments
apply only clear and objective standards, criteria, and procedures to applications for
housing projects with the aim of expanding the supply of housing. As this
requirement takes effect on July 1, 2025, staff has been working to update language
in Deschutes County Code to comply. Groves described the process undertaken to
draft the necessary Code amendments, saying that the general approach was to
retain existing regulations where possible and simply convert discretionary
language into policy -neutral, clear and objective language. In certain limited
circumstances, alternative standards or criteria have been proposed. Groves said
along the way, other amendments were also proposed to broadly remove ambiguity
from implementing sections of the Code and maintain conformity across all
development standards.
Groves summarized the public comments received when the proposed
amendments came before the Planning Commission, saying these included the
need for flexibility in the Code and the desire to ensure that less common
development options are preserved.
The public hearing on this matter has been scheduled for May 281n
17. Work Session: Clear and Objective Housing Text Amendments - Goal 5
(Title 18)
Tanya Saltzman, Senior Planner, explained the proposed amendments to Title 18 of
Deschutes County Code to ensure clear and objective standards with regard to the
protection of Goal 5 resources (natural resources, scenic areas, and open spaces),
with some overlap of regulations for cluster and planned developments. The
proposed amendments incorporate feedback from the Oregon Department of Land
Conservation and Development, Oregon Department of Fish and Wildlife, and other
interested stakeholders.
Saltzman stressed that the proposed amendments do not alter the County's
acknowledged Goal 5 inventories or impact areas. As required by the State, the
County will continue to allow residential construction in areas with Goal 5 resources
subject to standards and criteria that maintain the same level of protection as
the discretionary process that was previously used (and which remains an option for
most applicants).
BOCC MEETING MAY 21, 2025 PAGE 9 OF 14
Saltzman listed the specific sections of Title 18 affected by proposed changes and
provided examples of the changes, including where discretionary standards were
retained alongside new clear and objective standards in order to preserve flexibility
by allowing limited exceptions in some cases.
Chair DeBone noted the public hearing on this matter is scheduled for May 281n
18. Nomination process to form a committee to draw Commissioner District
Maps
Nick Lelack, County Administrator, reviewed the Board's decision to convene a
seven -member committee for the purpose of drawing Commissioner district maps.
As already decided by the Board, two of the committee members will be appointed
by Commissioner DeBone, two by Commissioner Adair, and three by Commissioner
Chang.
Commissioner Adair shared that she has heard from Lane County that having five
districts works well there.
Commissioner Chang supported establishing some expectations for who will be
appointed to the committee in the interest of securing geographic representation
across the County. Saying that more than 75% of the county's population lives in
incorporated areas, he wished to guard against skewing the committee with a bias
which may not represent most of the population. While he believed that only
persons who have no political party affiliation or are independent should be
selected, he said if the other Commissioners choose to appoint persons affiliated
with one a political party, he would want to counterbalance that. He further
suggested discussing whether the Board will be open to appointing committee
members who are interested to run for a Commissioner position in the future.
Saying she did not think it would be appropriate to appoint someone who is
interested to run for a Commissioner position, Commissioner Adair wanted the
process to be fair and balanced.
Commissioner Chang supported deferring the matter of developing district maps to
the expanded five -member Board.
Discussion ensued as to whether the district maps should go before the voters in
May or November of 2026, with the consensus that May would be preferred. Lelack
said in that case, the committee will be expected to present a proposal to the Board
in January in view of the February deadline for the May ballot. With this timeline in
mind, the Board was in consensus to appoint members to the committee in July.
BOCC MEETING MAY 21, 2025 PAGE 10 OF 14
Lelack referred to the interest expressed by some college students to participate in
this process. The Commissioners supported accommodating those requests.
Discussion ensued regarding the Commissioner's selections of committee members.
Commissioner Adair was confident in the BOCC's ability to appoint seven people
who are fair, intelligent, and capable of making wise decisions, and who together
will develop a proposal that is fair and balanced.
In response to Commissioner DeBone, Lelack said an RFP could be issued to seek a
facilitator, or the committee could facilitate itself with staff support. The BOCC was
interested to consider an RFP for facilitation services, depending on the estimated
cost of those.
Saying he represents each and every citizen in the County, Commissioner DeBone
reminded that the committee will be tasked with developing a proposed district
map which the voters will ultimately approve or reject.
19. Consideration of Administrative Policy GA-27, Temporary Safe Stay Area
Guidelines, Rules, & Enforcement
Kristie Bollinger, Property Manager, reminded that in October of last year, the
County and the City of Bend jointly established a Temporary Safe Stay Area (TSSA)
for homeless encampments in the area commonly referred to as juniper Ridge. The
legislation which established the TSSA required the development of administrative
policies to address enforcement and monitoring strategies, reduction in unlawful
access points, and rules regarding open flames. Bend approved its version of these
policies on April 28, 2025; the draft County policy GA-27 would do the same.
In response to Commissioner Adair, Bollinger said if someone's dog is not leashed,
that would be addressed according to the specific circumstances of the situation.
ADAIR: Move approval of Administrative Policy GA-27, Temporary Safe Stay Area
Guidelines, Rules, & Enforcement
CHANG: Second
VOTE: ADAI R:
CHANG:
DEBONE
Yes
Yes
Chair votes yes. Motion Carried 3 - 0
BOCC MEETING MAY 21, 2025 PAGE 11 OF 14
20. Dedicate +/- 15.05 acres of County -owned property to public right-of-way in
East Redmond associated with the CORE3 project, and authorize granting a
Temporary Construction Easement to Central Oregon Intergovernmental
Council
Kristie Bollinger, Property Manager, described the request to grant County -owned
property for public right-of-way to satisfy a condition of approval for the CORE3
project in Redmond.
ADAIR: Move approval of Board Order No. 2025-020 to authorize dedicating +/-
15.05 acres of County -owned property to public right-of-way in East
Redmond associated with the CORE3 project, authorize granting a
Temporary Construction Easement to Central Oregon Intergovernmental
Council, and further authorize the Deschutes County Property Manager to
execute the documents associated with the dedications to public right-of-way
and temporary construction easement
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
21. Treasury Report for April 2025
Bill Kuhn, County Treasurer, presented the Treasury Report for April 2025, noting
that the CPI index recently dropped to 2.4%.
22. Finance Report for April 2025
Robert Tintle, Chief Financial Officer and Jana Cain, Controller, presented the
Finance Report for April 2025.
In response to Commissioner Adair regarding why the General Fund shows property
tax receipts at 98% but DCSO shows these at 97%, Cain explained that Finance
projects receipts of property tax funds for the General Fund while DCSO and 9-1-1
each figure their own projections for these, perhaps using a different methodology.
OTHER ITEMS:
County Administrator Nick Lelack presented a draft letter from the Board listing top
2025 legislative session priorities of the County for the information and
consideration of the Central Oregon delegation.
BOCC MEETING MAY 21, 2025 PAGE 12 OF 14
Commissioner Chang suggested also listing as priorities: HB 2954 -addiction
prevention and the Healthy Schools program; HB 3131 and HB 2018 - infrastructure
funding for housing and shelter put forward by the Regional Housing Council; and
HB 3644 involving shelter and supportive services for homeless persons.
Commissioner DeBone said while these are important, he was leery of adding to the
list.
Commissioner Adair said Deschutes County has contributed nearly $3.2 million to
the Terrebonne Sanitary District.
Lelack noted Commissioner DeBone and Adair's concurrence to add HB 3131 and
HB 2018 to the list.
Referring to HB 3644, Commissioner Adair said she has heard that low -barrier
shelter does not work well. Commissioner Chang said low -barrier shelters can be an
extremely effective component in the continuum of care.
ADAIR: Move approval of the revised letter listing priorities of Deschutes County for
the 2025 legislative session to the members of the Ways & Means
Committee, with copies being sent to the Central Oregon delegation
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
• Commissioner Adair shared that she had signed up to testify on SB702 this morning
but was unable to due to the start time of the Board's meeting. This bill would
restrict sales of vape pens containing flavored tobacco to stores licensed by the
Oregon Liquor and Cannabis Commission.
• Saying he toured the Newberry Mazama site yesterday along with Patricia Lucas
from SLED, Commissioner DeBone explained that the Department of Energy
awarded $20 million to explore the feasibility of an enhanced geothermal system for
possible power generation.
• Commissioners Chang and Adair attended J Bar J's grand opening of its new Big
Brothers / Big Sisters facility last Friday.
• Commissioner Chang reported that the Bend Metropolitan Planning Organization
(BMPO) is finishing up revisions to its bylaws which will come to the BOCC in the
near future.
BOCC MEETING MAY 21, 2025 PAGE 13 OF 14
At 3:18 pm, the Board entered Executive Session under ORS 192.660 (2) (e) Real Property
Negotiations and ORS 192.660 (2) (d) Labor Negotiations.
The Executive Session concluded at 3:57 pm.
5j, it . `•_
Being no further items to come before the Board, the meeting was adjourned at 3:59 pm.
_ f Commissioners.
DATED this _Day of _____�'� — 2025 for the Deschutes County Board o Co
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RECORDINGRr A •<
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ANTHONY DEBONE, CHAIR
ATTI ADAIR, VICE CHAIR
BOCC MEETING MAY 21, 2025 PAGE 14 OF 14
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BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
• Citizen Input can be given regarding any topic that is NOT on the agenda
• Public Testimony can be given during Public Hearings only
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MEETING DATE: May 21, 2025
SUBJECT: Board direction to schedule a hearing in response to the complaint by Amy
Varner against Rodney Dieckhoff, President of the Four Rivers Vector Control
District
RECOMMENDED ACTION:
Following review of the multiple response documents submitted by the District, staff
recommends that the Board of Commissioners, in accordance with ORS 452.120(2),
convene a hearing to consider the complaint submitted on April 2, 2025 by Amy Varner.
While staff concludes that the issues raised in the complaint have been adequately
addressed by the District, and that "cause" does not exist for removal of Rodney Dieckhoff,
ORS 452.120(2) mandates that the BOCC hold a hearing to formally consider the complaint.
The BOCC may remove a district trustee only for cause. In similar matters, the BOCC has
determined that criteria indicative of "cause" includes: (a) change in elector status; (b)
missing Board meetings; (c) self -dealing; (d) ineptitude; (e) misappropriation of funds; (f)
conduct which exposes the district to unreasonable risk of liability; or (g) disruptive
behavior at Board meetings.
Suggested Motion:
Move to direct staff to coordinate with the parties for the scheduling of a hearing at which
time the BOCC will review the complaint and responses and determine if cause exists to
remove Four Rivers Vector Control District President Rodney Dieckhoff.
BACKGROUND AND POLICY IMPLICATIONS:
County staff received a complaint filed by Amy Varner on April 2, 2025 (copy attached). The
complaint was forwarded to the Four Rivers Vector Control District for a response. A timely
response packet was received from the District Board on May 5, 2025, a copy of which is also
attached.
The role of the County with regard to vector control districts is described in ORS Chapter 452.
In summary, the BOCC appoints a governing board of five trustees; each trustee is appointed
for a term of 4-years. Trustees must be residents and electors of the district. ORS 452.090
provides that the BOCC may remove any trustee from office for cause.
BUDGET IMPACTS:
None
ATTENDANCE:
County Legal
Complaint
From: Array Varner <Amy.Varngr@fib.com>
Sent: Wednesday, April 2, 2025 7,16 AM
To: Patti Adair <Patti A _dair deschutes.orf;>; Tony OeBone <Tony.0 oneZ�jdeschttes.or>; Phil Chang
<Phil.Chang deschuw s.or >
Subject: Four Rivers Vector Control
You don't often get email from an_ iy.vai fib.com. Learn why this is important
Caution: External email to Deschutes County: If unexpected or unfamiliar, be cautious with links and
attachments. Contact your IT Dept if unsure.
Hi Patti, Tony and Phil,
I am resending this letter as I ran into Phil and he said he did not receive this email.
I was told by Patti that I could file a formal legal complaint against Rodney Dieckhoff, President of Four
Rivers Vector Control for retaliatory and unethical. behavior.
As a board member, I feel it is one of our fiduciary responsibilities to make sure invoices and receipts for
purchases are valid for this board considering the last board had some issues with Chad having sketchy
transactions in the past. I feel Sierra, Rodney and Lawrie have taken over the same behavior. I have
requested the bank statements be provided to the whole board in January at our board meeting, I was
even made to complete a public paper request at the board meeting, which I did.
I had to request them three more times as they made no attempt to provide them after 3 weeks. I finally
received those on February 18th. When I did receive them, Rodney had went into my place of
employment and complained about me to a colleague and wanted my bosses phone number so he
could complain to her about me as welt. He told my colleague I was toxic and trying to stir up trouble by
needing receipts and statements for charges his daughter in law was making. After hearing about it, I
immediately called Rodney and questioned him about it and he denied it. He then called the colleague
back and wanted to know if he had cameras and a microphone in his office and why did he tell me? I feel
this is retaliation and unwarranted as I do not represent the Bank I work for as being part of this board. It
was unethical of him to do so, and frankly defamation of character.
I then requested the receipts for the charges for the bank and credit cards as again, I noticed quite a few
charges that didn't make sense and seem to be for personal use. Rodney then went in again on March 5
to my place of employment and spoke poorly about me again to a colleague, again requesting to talk to
my boss. Rodney and his daughter-in-law Sierra who work in the office are wanting me to pay over
400.00 for receipts i should already have access to for being part of this board and member of the
community, considering Rodney, Sierra and Lawie Dieckhoff already have access to these. I did speak
with Dave Doyle regarding being charged, he also stated it's my fiduciary responsibility to make sure
things are right. I feel this behavior is unethical and not part of who Four Rivers Vector Control wants to
be. I'm requesting Rodney be dismissed immediately from this board for unethical behavior, defamation
of character and retaliation, not to mention the nepotism and a huge conflict of interest.
They are fighting me so hard on looking at receipts. I'm wondering why, what are they hiding? All I am
trying to do is being a proactive board member and making sure everything is intact and legal.
They now want to hold a "work meeting" for all of us board members tonight so we can go over charges in
question. When I told them again that it is a conflict of interest for Rodney and Lawrie to not only be
writing Sierra's paychecks as well as giving her bonuses without board approval, but to need to be
present while we discuss questionable charges made by Sierra, they said no it is not.
K
Please advise and let me know this has been received.
Amy Varner
Amy Va rner
BRANCIIf, . nNk;,' Ii
NIMLS H ifi; 1' "W
0, 541-3T1 7612 ( r , 541.388-0762
am marner@flb.com
First
w �,e. Interstat�Ci:vyc
61250 5 1 - fy 1,7
Bend, OR ()7702
fi rsti n 1,
This ei I, tl message (including any attachments) is only for use by the intended recipient(s) and is
preSLII M A confidential. It may also be subject to privacy laws or other confidentiality protections and
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distribut; or otherwise use this message or its contents. If you received this message in error, please
notify Ill- sender and delete this message (including any attachments) from your system immediately.
Any uo i i .l iorizod reading, copying, distribution, or other use of this message or its contents is strictly
prohiWi� ,c! and may be unlawful.
District Responses
MGmail Four Rivers Vector Control 4ourriversvectorcontrol@gmall.com>
Notice of Formal Complaint
1 message
Duncan Atwood <duncanjatwood@gmail.com> Wed, Apr 23, 2025 at 3:26 PM
To. Vector Control Four Rivers<founiversvectorcontrol@9mail.com>
Hello Myles,
Thank you for sending this information regarding the formal complaint made. As a board member, I want the district staff
to feel like I have their best interests, as well as the district community's best interests at heart. Both groups are extremely
important towards the success of the vector control district.
I would like to make this abundantly clear: I do not agree with the way that board member Amy Varner has characterized
any of her complaints and I do not agree that there is any reason for her to have made this formal complaint.
I do hope that this can all be sorted out fairly and quickly as I believe our focus and yours should not be on this. I believe
that what Amy Vamer has requested, regarding bills, receipts, etc, falls entirely in the general manager's (yourself) scope
of responsibilities to make decisions. That is the job we have hired you to do. As long as you are making decisions with
the community's best interests at the forefront and making sure your staff is appreciated and supported, I believe strongly
that we should allow you to do the job you were hired to do.
This year has a possibility to be one of the worst mosquito seasons we've had in awhile, and I wish we didn't have this
hanging over all of our heads going into the mosquito season. Please let me know how I can support you and your staff
through this mosquito season.
Sincerely,
Duncan Atwood
Four Rivers Vector Control
56478 Solar Drive
Bend, OR 97707
fourriversvectorcontrolr« mail.coii1
04.03.2025
Patti Adair
Tony DeBone
Phil Chang
1300 NW Wall Street
Bend, OR 97703
Subject: Response to Concerns Raised by Amy Varner
Dear Commissioners Adair, DeBone, and Chang,
This letter serves as an official response to the concerns raised by Board Member Amy Varner
regarding the operations and governance of Four Rivers Vector Control. The statements made in
her email contain inaccuracies and misrepresentations that require clarification.
First and foremost, there is no conflict of interest or nepotism within Four Rivers Vector Control.
While Sierra Dieckhoff, Rodney Dieckhoff, and Lawrie Dieckhoff are related, the board does not
have the authority to hire or supervise the Office Manager position. That responsibility falls
under the jurisdiction of the Operations Manager. The hiring and supervisory process is
conducted with transparency and adherence to all applicable laws and policies. We have
confirmed this with the Special Districts Association of Oregon.
Additionally, all members of the public, including board members, are required to follow the
public records request policy as set forth by both the district and state regulations. According to
Oregon law (ORS 192.318), no board member may use their position to access documents in a
manner that would not be available to them if they were not a board member. The district has
procedures in place for reviewing documents, and any review must be approved by the board as
a whole. In this case, Amy did not seek board approval before requesting documents. Instead, she
acted independently, which classified her request as a public records request, subject to standard
processing and fees. ORS 192.324 allows public entities to establish reasonable fees for the
actual costs incurred in fulfilling records requests. Since the estimated cost exceeded $25, a
written estimate was provided, as required by law. Despite this, Amy argued that she should not
have to pay because of her board position, which constitutes an attempt to use her role for
personal financial benefit potentially violating ORS 244.040 (Ethics Law prohibiting financial
gain through public office).
Four Rivers Vector Control has only one staff member responsible for handling public records
requests, in addition to their daily operational duties. We made every effort to provide the
requested documents in a timely manner. However, additional time was needed to ensure
compliance with ORS 192.329 and to clarify with the Special Districts Association of Oregon
(SDAO) that no personal information required redaction on the bank statements. The delay of
several days was due in part to awaiting a response, as well as seeking guidance from the Oregon
Public Records Advocate on the correct process for handling public records requests involving a
board member. Ms. Varner's request was acknowledged within the statutory timeframe.
Regarding the matter of Rodney Dieckhoff s inquiry with First Interstate Bank, this was
necessary due to concerns surrounding Ms. Varner's request for bank statements and credit card
records to be emailed directly to her, as she is an employee of the bank. This raised questions
about the bank's internal policy on employees accessing customer information. Rodney
Dieckhoff sought clarification from Ms. Varner's superior because the teller and branch manager
were unable to provide a definitive answer. This action was taken to ensure compliance with
banking regulations and to prevent any unauthorized access to financial records.
Furthermore, neither Rodney Dieckhoff nor Lawrie Dieckhoff have unrestricted access to district
banking documents. As Board Chair, Rodney serves as an authorized signer for financial
transactions, including payroll. This oversight mechanism was implemented prior to Ms.
Varner's tenure on the board as an added layer of financial control. Previously, the former
manager was the sole individual writing and signing checks, a practice that was revised to
enhance accountability. The assertion that Rodney Dieckhoff unilaterally approved employee
bonuses without board consent is inaccurate. Employee compensation, including any bonuses,
was reviewed and approved during the budget approval process by both the budget committee
and the board.
It is concerning that Ms. Varner continues to levy unfounded accusations against employees who
do not report to her. If she had legitimate concerns about financial mismanagement, the proper
protocol would have been to bring these concerns to the Operations Manager, who oversees
employee conduct. Instead, she has chosen to publicly question the integrity of employees
without substantiating her claims. Moreover, her repeated disparagement of Sierra Dieckhoff
during board meetings, where Sierra is not given an opportunity to respond, constitutes
inappropriate and unprofessional conduct.
Ms. Varner has also spread misleading and unverified information regarding Rodney and Lawrie
Dieckhoff s personal friends and family members at First Interstate Bank. Such statements have
led Lawrie Dieckhoff to file a personal complaint against Ms. Varner, an action entirely separate
from district matters.
Four Rivers Vector Control remains committed to transparency, ethical governance, and the
responsible management of public resources. The board will continue to ensure that all policies
are followed, and that all members, including Ms. Varner, adhere to the appropriate channels for
raising concerns and accessing information.
Sincerely,
Four Rivers Vector Control Stag'
Myles Bowlin
Operations Manager
Four Rivers Vector Control
541-593-1689
fourriversvectorcontrol.;t)?gmai i.com
Sierra Dieckhoff
Office Manager
Sierra Dieckhoff
Office Manager
Four Rivers Vector Control District
fourriversvectorcontrol@gmaii.com
04.10.2025
Patti Adair
Tony DeBone
Phil Chang
1300 NW Wall Street
Bend, OR 97703
Subject: Response and Complaint Regarding Concerns Raised by Board Member Amy Varner
Dear Commissioners Adair, DeBone, and Chang,
I am writing this letter as both a formal response and a complaint regarding the recent concerns
raised by Board Member Amy Varner. Her behavior as a board member has been unprofessional
and inappropriate, and it's having a serious negative impact on both my work and the workplace
as a whole.
Amy consistently ignores the board meeting agenda and brings up off -topic issues that slow
down and disrupt meetings. She has tried to use her position to get access to information and
make decisions that go beyond the role of a board member. This includes attempting to benefit
personally in ways that appear to violate Oregon ethics law (ORS 244.040) and not following
public records laws.
She has falsely accused me, Sierra Dieckhoff, of misusing district funds. These claims were
made without ever speaking to Myles Bowlin, the Operations Manager, who is my direct
supervisor and responsible for overseeing district spending. Instead of following proper
channels, she has gone out of her way to accuse and target me in public meetings.
Amy has requested credit card receipts and bank statements not out of concern for the district's
finances, but because the card is in my name. She seems more interested in micromanaging my
actions than supporting the district. All expenses are within budget and handled according to
procedure. Her actions are overreaching and unnecessary.
This situation appears to be more about Amy not getting her way rather than having legitimate
concerns. Her behavior has become increasingly petty and disruptive, and she is going to great
lengths to file complaints that do not serve the best interests of the district. Rather than working
collaboratively, she chooses to act in a combative and unproductive way that resembles immature
behavior.
It's clear that this is rooted in her belief that there is nepotism because I am related to Rodney
Dieckhoff, the Four Rivers Vector Control Board President. However, Rodney has been nothing
but professional and helpful. He has worked hard to help stabilize the district and improve
operations. He is always available when staff have questions or need assistance, and he listens to
concerns and supports us in a respectful and appropriate manner. The board has also confirmed
with SDAO that there is no conflict of interest, as my position is supervised by the Operations
Manager, not the board.
Amy, on the other hand, has not contributed anything meaningful to the district. Instead, she
regularly disrupts our work. Staff, including myself, are constantly being pulled away from our
job responsibilities to address her demands, which are often not relevant to our duties or the
district's needs. Her actions are making the district less efficient and more stressful for everyone.
Amy continues to speak negatively about me in public meetings but has never come to Myles
with any concerns. Her ongoing behavior is creating a toxic work environment.
Because of this, I no longer feel comfortable going to work or being around her at meetings. It's
stressful, uncomfortable, and has made my job extremely difficult. Other employees have shared
that they feel the same way - her actions are affecting their ability to do their jobs and making
them not want to come to work.
I'm asking the board of commissioners to take this situation seriously and take action to address
Amy's behavior. Whether that means a formal warning, an investigation, or possible removal,
something needs to be done to protect staff and restore a healthy working environment.
Thank you for your time and attention.
Sincerely,
Sierra Dieckhoff
Office Manager
Four Rivers Vector Control District
Hello County Commissioners Pattie Adair, Tony Debone, and Phil Chang my
name is Rodney Dieckhoff, current board President for Four Rivers Vector Control
District, and I am writing you in response, to a formal complaint filed against me from a
current board member, Amy Varner. Let me start by saying I have been involved with a
variety of voluntary boards over the last 30 years, the most recent being Special Road
District #1 (approximately 12 years) which I recently stepped down due to new state
laws that keep making it harder to be as transparent as possible. I am currently the
Board President for Four Rivers Vector Control District and have been part of the board
for approximately 9 years now.
When the board nominated Amy Varner for an open board position we
considered a few things, the first being she had already been appointed to the budget
committee by our previous District Manager (Chad Stubblefield) which she held for two
2 year budget cycles, so we felt she would have a better understanding of how the
district operates than someone that thought we just kill mosquito's. Another reason we
felt Amy Varner would be a good addition to the board was her occupation (employee of
First Interstate Bank) having knowledge of financing, budgeting, and knowing how to
work as a team. The other reason she was a suitable candidate was where she lives in
the district. We were trying to find people from across the entire district instead of all the
board members being within a mile or two of each other.
When Amy Varner first joined the board, she would attend meetings and arrive
early. It looked good if the board were there early to greet guests when we had them
and start the meeting as scheduled. Then the arrival time started becoming right at the
start of the meeting, then she would attend meetings via phone or just not attend from
time to time, preplanned obligations which I do not have a problem with because these
are volunteer positions to begin with. During her time on board, she has never not once
voted against approving a proposed budget or financial report at a meeting, she has
even gone as far as making a motion to approve or second a motion to approve the
financials.
This all changed about a year ago when the discussion about giving our office
manager a raise, a conversation that should never have been discussed. This was not
because of a conflict of interest on my part but because our office manager (my
daughter-in-law) was hired by the District Manager and is overseen by the District
Manager. We as a board have no management authority over employees beyond the
District Manager. There were several emails directed at our Office Manager from Amy
Varner and one other Board member stating that they would be determining her wage,
and they felt she was already being paid enough for her position and what she does.
From that point on Amy Varner would refer to the Office Manager by name
during meetings and even went as far as belittling and defacing the Office Manager
during a special meeting that Amy Varner and one other board member requested and
then proceeded to fill the room with anyone, they knew that they would stand behind
them. Amy Varner has also demanded that we say exactly how much our Office
Manager earns on a biweekly paycheck during meetings this is a huge Ethics violation.
Now after all the proposed budget and meeting financial approvals, some of those being
a 1st or 2nd on the motion, she has requested all bank statements and credit card
statements, and itemized receipts later, from present back to June 2023. This is when
our previous District Manager (Chad Stubblefield) left the district in shambles my wife
and I were the only two board members left on the board. As it turns out after having
Board work session on Wednesday April 2,2025 all of Amy Varners questions regarding
credit card charges and checks written are directed at our Office Manager and claims
that my wife and I must deem a conflict of interest and shouldn't be allowed to view any
of these records.
I was personally accused of going to Amy Varner's place of employment and
defacing her with co-workers. It is true I went to her place of employment because that's
where Four Rivers Vector Control District does their banking. I did ask the Branch
Manager at the bank about their policy for tracking account access by employees and I
was told they do not have a policy and unless there is a change made to the account
there is no documentation showing who at the bank has browsed your account. I asked
if there was a way we could block our account access because I felt Amy Varner was
becoming Toxic to the Board and if she didn't get the documents, she requested she
could just look them up herself and no one would be the wiser (she is not a signer on
the account so legally she shouldn't have access to the accounts).
Amy Varner then refused to fill out a Public Records Request, for which our
District has a policy in place. She said she was above district policy and she as a board
member had the authority to look at and take any documents at any time free of charge.
She made these demands and threatened both me and the Office Manager with Legal
accusations if we did not grant her demands. The Office Manager and I both reached
out to SDAO for advice on how to resolve our situation. Through many emails back and
forth it was suggested that we stick to our District policies and follow the Public Records
Request. It was mentioned several times in emails to Amy Varner that as per SDAO we
must follow District Policy. Let me add that the district paid Amy to attend a SDAO
annual conference and has been encouraged to attend other one day classes locally in
central Oregon to help her better understand how a board is supposed to work.
In conclusion I have done my best as an individual to be as transparent as
possible and follow any and all district policies to the best of my ability and I will
continue to serve as a board member to ensure that our district provides the well -
needed service we are paid to do. I feel that Amy Varner is maliciously hindering the
district's effort to control mosquito's by adding additional work load and mental stress to
district staff who is currently filing permits and getting approvals with various agencies to
allow the district to combat mosquito's this season, they are also coming into a new
Budget process which has be slowed due to her actions. 1 would ask that Amy Varner
voluntarily step down as she has become a liability to the wellbeing of the board and
district.
Sincerely,
Rodney E. Dieckhoff
Four Rivers Vector Control District
Board President
To Whom it May Concern,
My name is Eva Wild Crain and I am writing in response to a complaint at the
Four Rivers Vector Control, where I currently sit on the Board. This is my
response to the issue brought up by Amy Varner on April 2"d, 2025:
Amy and I both requested bank and credit card statements. Amy requested them
at a meeting, I later asked for them via email.
I was informed of the issues Amy had in receiving the statements. I was told that
during the request of the statements Rodney had complained to the bank
employees that "Amy and Eva have been nothing but toxic on this board". I was
also informed that Rodey had asked the branch if there was a way to withhold the
check images when the statements were sent out and was told no.
After I received the statements, I saw transactions that I wanted to understand
more clearly. The items in question were many transactions to Fred Meyer,
Costco, Safeway as well as some large purchases at Sportsman's. I also wanted to
understand two transactions on Sierra's credit card, purchasing tools from her
Father's business (Mac Tools).
In my review of the bank statements, I found that Rodney and Lawrie both signed
checks to their daughter -in -law, Sierra. Rodney had been signing every payroll
check to Sierra since she started (around two years of employment).
Amy Varner also asked to see receipts.
When I asked for itemized receipts Rodney sent me an email stating it would be
$400- $500 for me to receive them.
When I spoke to Dave Doyle, he said that I could not be charged to see the receipts
because I sat on the board. When I responded to Rodney in an email, I told him
that I would not be charged that amount, that was the information I was going on.
After that email, I was informed by the SDAC that there are different rules for the
Vector Control and Dave Doyle was unaware of these rules.
Rodney called a special meeting to address our requests for receipts. In this
meeting we decided to have a work session to go over the statements and talk
about what receipts we wanted to see. I agreed on the work session.
In this work session we were told that every transaction to Costco, Fred Meyer
and Safeway were for water. Every transaction we asked about was explained by
Myles, the operations manager, from his memory, for the last year and a half. I
thought that it would be difficult to recall a year's worth of transactions form his
and Sierra's credit cards and from the First Interstate Bank account.
I expressed my interest in seeing the receipts to see the purchases for myself.
At that time Rodney said, again, it would have to be voted on. (This will be voted
on in our next meeting on May 21112025.)
During our discussion about district spending Rodney was asked about checks
written to Sierra, signed by he and Lawrie. He admitted he had been signing
checks to Sierra and knew it was wrong. He stated "there was no one else" (to sign
checks).
We offered Myles, the Operations Manager, as an alternate to sign Sierra's checks.
Rodney said "Myles is not a signer on the account." We asked to make him a
signer. Rodney then stated that Myles could not sign his own checks. It was
agreed upon that we would be comfortable with Rodney signing Myles's checks
and Myles signing Sierra's checks to reduce risk for the district.
It is concerning to me that our board president admitted he was knowingly
breaking rules continually, for two years. If I or Amy would not have asked for
bank statements, we still would not know this was happening and it would have
continued.
Before this issue came up, there were only two signers on the Four Rivers bank
account. Those people are married and signing checks to their daughter -in - law.
After this Special Meeting on Wednesday, April 23rd, we had a Board Training.
Myles, and Sierra and Rodney scheduled a Budget Meeting and posted it online for
April 301h. We attended the Board Training on Wednesday, April 23rd, after the
Budget Meeting had been scheduled. While attending this meeting, no one
informed Amy or I about the Budget meeting that was scheduled one week later.
When Amy found the meeting posted online, she emailed Rodney about it, asking
why we were not informed. He said it was posted online and, in the newspaper, as
required. He was going to inform us with 48 hours' notice, as required.
When I asked Rodney and Myles why I was not informed of the meeting while we
were all at the Board Training, they stated that it wasn't relevant to the training
and because it had nothing to do with the agenda, they were unable to discuss it.
I have been on the Board for almost 2 years and I have never been given notice so
late about a meeting. In the past, all Board Members are given notice as soon as a
meeting is scheduled, not after it is posted online and advertised in the paper. It
felt a lot like retaliation for me digging into the Vector Control Budget. It is my
understanding that being a Board Member means asking hard questions and
helping the District operate efficiently.
My intention is to mitigate risk for the district and myself. It is my responsibility
as a board member to bring these issues to light and resolve them.
I am trying to uphold to the responsibility that was entrusted to me when I was
asked to take this position.
I don't see my actions as toxic.
L��� E S C,0
BOARD OF
-•�,�� COMMISSIONERS
MEETING DATE: May 21, 2025
SUBJECT: Cascade East Transit Presentation: Fare Policy and other updates
RECOMMENDED MOTION:
N/A
BACKGROUND AND POLICY IMPLICATIONS:
Cascade East Transit staff will update the BOCC on a recent Fare Policy approved by the COIC
Board and share other updates on CET programming and initiatives in 2025.
BUDGET IMPACTS:
None
ATTENDANCE:
Bob Townsend, Cascade East Transit Director
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BOARD OF
COMMISSIONERS
MEETING DATE: May 21, 2025
SUBJECT: Continued Public Hearing: Reconsideration of Deschutes County 2040
Comprehensive Plan Update
RECOMMENDED MOTION:
At the conclusion of the public hearing, the Board may:
• Continue the hearing to a date certain;
• Close the hearing and leave the written record open to a date certain;
• Close the hearing and set a date for deliberations; or
• Close the hearing and commence deliberations.
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes Board of Commissioners (Board) will continue a public hearing on May 21,
2025 to reconsider Ordinance 2024-007, related to the adoption of the Deschutes County
2040 Comprehensive Plan ("2040 Plan"). The associated file number is 247-25-000145-PA.
The record is available on the project website https://bit.ly/Deschutes204OReconsideration.
The hearing will be limited de novo, meaning that only testimony related to the petitioner's
brief submitted by Central Oregon Landwatch will be allowed. The petitioner's brief is
found on the project website under "Application Materials."
BUDGET IMPACTS:
None
ATTENDANCE:
Will Groves, Planning Manager
Stephanie Marshall, Senior Assistant Legal Counsel
MEMORANDUM
TO: Deschutes County Board of County Commissioners
FROM: Nicole Mardell, AICP, Senior Planner
Will Groves, Planning Manager
Stephanie Marshall, Senior Assistant Legal Counsel
DATE: May 14, 2025
SUBJECT: Continued Public Hearing: Reconsideration of Deschutes County 2040
Comprehensive Plan Update
The Deschutes Board of Commissioners (Board) will hold a continued public hearing on May
21, 2025, to reconsider Ordinance 2024-007, concerning the adoption of the Deschutes
County 2040 Comprehensive Plan (2040 Plan). The associated case file number is 247-25-
000145-PA.
The record is available on the project website https://bit.ly/Deschutes204OReconsideration.
I. FORMAT OF THE PUBLIC HEARING
The hearing will be held limited de novo. Only testimony related to the Petitioner's Brief
submitted by Central Oregon Landwatch to the Oregon Land Use Board Appeals will be
considered. The Petitioner's Brief is found on the project website under "Application
Materials".
Any interested person may participate in the limited de novo hearing, but issues for
discussion are limited as noted. The following time limits are in place for those providing
testimony:
• Public Agencies: 10 min
• General Public: 3 min
The Board may modify or eliminate the time limits at any time.
11. INITIAL PUBLIC HEARING AND OPEN RECORD PERIOD
The Board held an initial public hearing on April 23, 2025', additional background
information is found in the initial public hearing memo.
Prior to and during the initial hearing, members of the public provided oral and written
testimony on the following issues:
• Compliance with Goal 14, concerning new residential and industrial development on
rural lands.
• Compliance with Goal 14, concerning rezoning of farm and forest land.
• Adoption of the Comprehensive Plan, including acknowledgement status of policies
carried over from 2011 Plan.
Following testimony, the board voted to continue both the oral and written portions of the
hearing to May 21, 2025. Approximately 60 public comments have been received as of the
date of this memo.
I11. NEXT STEPS
At the conclusion of the public hearing, the Board may choose to:
• Continue the hearing to a date certain;
• Close the hearing and leave the written record open to a date certain;
• Close the hearing and set a date for deliberations; or
• Close the hearing and commence deliberations.
t htt_ps•//www deschutes org/bcc/page/board-county-commissioners-meeting-227
Page 2 of 2
O�
BOARD OF COMMISSIONERS' MEETING
a <
REQUEST TO SPEAK
Citizen Input or Testimony
Subject: i�Q w, j2 P/0 12cy"!SbA Date: 5- z
Name wL o4 Pe, ha, L, Fete5 De lee(o
Address 31,'6> 5 Liz j3,d 54 S ,>o
Phone #s 5"(( 71"N 17157 e(
E-mail address r�5
In Favor ❑ Neutral/Undecided ❑ Opposed
Submitting written documents as part of testimony? ❑ Yes KNo
If so, please give a copy to the Recording Secretary for the record.
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETINGBEGINS
G�J-cEs co`
BOARD OF COMMISSIONERS' MEETING
w �
o {
REQUEST TO SPEAK
Citizen Input or Testimony
Subject: is 4 i Date.
Name �"I,
Address - ` -7 LfiL °
b
Phone #s)_.
In Favor Neutral/Undecided liz Opposed
Submitting written documents as part of testimony,.
—]Yes LAZNo
If so, please give a copy to the Recording Secretary for the record.
SUBMIT COMPLETED REQUESTTO
RECORDING SECRETARY BEFORE MEETING BEGINS
L1��3TES COG
2� BOARD OF
COMMISSIONERS
MEETING DATE: May 21, 2025
SUBJECT: Work Session: Preparation for Public Hearing - Clear and Objective Housing Text
Amendments to Deschutes County Code Section Title 17 (Subdivisions)
RECOMMENDED MOTION:
N/A
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners will conduct a work session to consider further text
amendments to establish "clear and objective" housing development standards.
Beginning in 2017, the Oregon State Legislature passed a series of bills to encourage the
expansion of the supply of housing. The passage of Senate Bill (SB) 1051 prohibited cities
from denying applications for housing developments within urban growth boundaries,
provided those applications complied with "clear and objective standards, including but not
limited to clear and objective design standards contained in the county comprehensive
plan or land use regulations." These provisions require local governments to apply only
clear and objective standards, criteria, and procedures to applications for housing projects
and prohibit the discouragement of new housing through unreasonable delay.
In 2023, House Bill (HB) 3197 expanded the clear and objective housing standards mandate
to "...unincorporated communities designated in a county's acknowledged comprehensive
plan after December 5, 1994, non -resource lands, and areas zoned for rural residential use
as defined in ORS 215.501." The provisions of HB 3197 will take effect on July 1, 2025.
Staff will prepare the Board for a public hearing on May 28, 2025 on the second set of
proposed clear and objective amendments (file no. 247-25-000110-TA). Within the
proposed amendments, added language is shown underlined and deleted text is shown as
strikethrough.
BUDGET IMPACTS:
Bone
ATTENDANCE:
Tarik Rawlings, Senior Transportation Planner
Will Groves, Planning Manager
• '�
TO: Deschutes County Board of Commissioners
FROM: Tarik Rawlings, Senior Transportation Planner
Will Groves, Planning Manager
DATE: May 14, 2025
SUBJECT: Work Session: Clear and Objective Housing Text Amendments - Title 17
(Subdivisions)
The Deschutes Board of County Commissioners (Board) will conduct a work session on May
21, 2025 to consider text amendments establishing "clear and objective" housing
development standards (file no. 247-25-000110-TA). This work session is in preparation for
a public hearing scheduled for May 28, 2025. Attached to this memorandum are the
proposed text amendments and a staff report summarizing the changes. Within the
proposed amendments, added language is shown underlined and deleted language is
shown as strikethro gh. The public hearing will be conducted in -person, electronically, and
by phone.'
All record materials can be found on the project website:
https•//bit.ly/DeschutesclearAndOb-iectiveTitlel 7
I. BACKGROUND
Beginning in 2017, the Oregon State Legislature passed a series of bills to encourage efforts
to expand the supply of housing statewide. The passage of Senate Bill (SB)1051 prohibited
cities from denying applications for housing developments within urban growth
boundaries, provided those applications complied with "clear and objective standards,
including but not limited to clear and objective design standards contained in the county
comprehensive plan or land use regulations."2
The provisions of SB 1051, along with subsequent bills, modified Oregon Revised Statutes
(ORS) 197.286-197.314. Relevant to this project is ORS 197.307(4), which was modified to
1 See Board of County Commissioners May 21, 2025 Agenda for more information:
https://www.deschutes.org/meetings
z https•//olis.oregonlegislature.gov/liz/2017R1/Downloads/MeasureDocument/SB1051/Enrolled
state:
(1) Except as provided in subsection (6) of this section, a local government may adopt and
apply only clear and objective standards, conditions and procedures regulating the
development of housing, including needed housing. The standards, conditions and
procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or
height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed
housing through unreasonable cost or delay.
In 2023, ORS 197A.4003 (formerly ORS 197.307, as referenced above) was established by
House Bill (HB) 31974. The newly established ORS 197A.400 will become effective on July 1,
2025, and states the following [emphasis added]:
(1) Except as provided in subsection (3) of this section, a local government may adopt and
apply only clear and objective standards, conditions and procedures regulating the
development of housing, including needed housing, on land within an urban growth
boundary, unincorporated communities designated in a county's acknowledged
comprehensive plan after December 5, 1994, nonresource lands and areas zoned for
rural residential use as defined in ORS 215.501. The standards, conditions and
procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or
height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed
housing through unreasonable cost or delay
(3) In addition to an approval process for needed housing based on clear and objective
standards, conditions and procedures as provided in subsection (1) of this section, a local
government may adopt and apply an alternative approval process for applications and
permits for residential development based on approval criteria that are not clear and
objective if:
(a) The applicant retains the option of proceeding under the approval process that meets
the requirements of subsection (1) of this section;
(b) The approval criteria for the alternative approval process comply with applicable
statewide land use planninggoals and rules, and
(c) The approval criteria for the alternative approval process authorize a density at or
above the density level authorized in the zone under the approval process provided in
subsection (1) of this section.
3 https://www.oregonlegislature.gov/bills laws/ors/ors197a.html
4 hops://olis.oregonle�islature.gov/liz/2023R1/Downloads/MeasureDocument/HB3197/Enrolled
Page 2 of 11
These provisions requi _� local got<ei , anents to apply oniy clear, and objective standards,
criteria, and procedures to appiications for housino projects and may not discourage
housing through unreasonable delay. Application of typical discretionary standards (e.g.
"adequate public facilities," "effective mitigation," etc.) is prohibited. The statute is intended
to address the concern that use of discretionary criteria leads to uncertainty, inconsistent
administration, and delays that do not serve the goal of efficiently providing an adequate
supply of housing stock.
II. OVERVIEW OF AMENDMENTS
Numerous sections and language in the Deschutes County Code (DCC) affecting the
development of housing do not currently meet the identified thresholds for "clear and
objective" standards outlined in HB 3197. The primary focus of the Clear and Objective
Code Compliance Project is to ensure the DCC complies with state statute and the
objectives of the Deschutes County Comprehensive Plan.
With input from MIG consultants, planning staff identified noncompliant areas of the DCC
and drafted text amendments to address them. These packages have been broken into
distinct segments to provide the public, the Commission, and the Deschutes County Board
of Commissioners (Board) the opportunity to review and vet the proposed changes in a
more structured and confined way.
Where possible, planning staff aimed to convert discretionary language into policy -neutral,
clear, and objective language. This ensures the original intent and desired outcome is
preserved. When not possible, in certain limited circumstances alternative standards or
criteria have been proposed. Additionally, while not exclusively associated with housing
development, as part of this process certain amendments have been proposed to broadly
remove ambiguity from implementing sections of the DCC, maintain conformity across all
development standards, and ensure review clarity for staff and members of the public.
Following the first amendment module (Definitions, Dimensional Standards, Accessory
Uses), the second amendment package proposed through this process will broadly cover
the following areas of the DCC:
• Provisions of Title 17 (Subdivisions) specific to housing and housing development.
• Provisions of Title 17 related to certain lot configuration standards
I11. METHODOLOGY AND APPROACH
The proposed amendments incorporate feedback from key stakeholders, including the
Oregon Department of Land Conservation and Development (DLCD), County Road
Department engineers, the County Surveyor's Office, Community Development
Department (CDD) planning staff, County Legal Counsel, and private consultants. The goal
is to provide clear, legally sound direction for housing development while minimizing legal
risks and uncertainties for future property owners in the County.
Page 3 of 11
As noted above, this proposed packag- of amencilment:s addresses DCC Title 17 land
division standards related to housing. Staffs methodology and approach to create clear
and objective code is summarize' below.
General Approach
Staffs general approach is to retain the existing regulations where possible. For existing
discretionary code language related to housing, staff has developed a "two -track system."
As proposed, each requirement offers new clear and objective language and the original
discretionary language is preserved as an alternative option, consistent with ORS 197A.400.
It is important to note that not all potentially discretionary language in the existing code
has been matched with new clear and objective language. Generally, code provisions that
rely on the engineering and design expertise of the County Road Department remain
largely unmodified.
For example, the provisions of DCC 17.36.040 evaluate the adequacy of Existing Streets to
be included in new land use proposals and determine if historic road designs must be
brought up to current standards. The review of such adequacy is an inherently
discretionary review that relies on engineering and design expertise of the County Road
Department. While the retention of limited levels of Road Department discretion may
produce a higher likelihood of future interpretive challenges, staff will continue to track the
legal implications surrounding clear and objective standards and ensure compliance with
ORS through continued text refinement processes (see Interpretive Challenges, below).
ORS Reference Incorporation
Several provisions of Title 17 are dictated by the processes and requirements outlined in
ORS. Aligning Title 17 language with applicable ORS provisions provides clarity to
applicants, whether through adoption of verbatim ORS language or through reference to
ORS. For DCC provisions outlining the County's requirements for tentative platting, final
platting, and certain duties and responsibilities afforded to the County Surveyor and
Planning Director, staff has included clear reference to the ORS and incorporated ORS
language where necessary.
Definitions
Using the same methodology as in the Title 18 Definition Module 1 of the Clear and
Objective Project, staff modified Title 17 definitions as follows:
1) If an existing term has a definition through statute, that existing terminology has been
adopted verbatim or by reference.
2) If an existing, non -statutory definition has subjective language (e.g. "adequate,"
"designed for," etc.) that language has been replaced with measurable, quantitative
standards wherever possible.
Page 4 of 11
3) If an existing defini'.:ior, co+ald reasonably be interpreted in multiple ways (e.g. "Lot
area" and subsea+ul'nt differentiation between "Lot area, gross" and "Lot area, net"),
then explicit directions on how to interpret the definition have been included within
the definition itself or new terms have been added to further clarify inter -definition
relationships.
4) If two or more existing terms provided conflicting interpretations (e.g. "abutting"
versus "adjacent" versus "adjoining," etc.), then these terms were simplified into
consolidated terms to remove unintentional conflicts.
5) If an existing term is not explicitly used in Title 17, as revised, those terms have been
removed.
Interpretive Challenges
Certain provisions within the existing code have been subject to recurring interpretive
challenges over the years. In several sections, additional text has been incorporated to
clarify interpretations derived from Hearings Officer and Board decisions, as well as input
from County Legal Counsel.
In addition, staff has identified standards, set by external entities, including:
• National publications such as AASHTO (American Association of State Highway and
Transportation Officials) standards and the ODOT Geotechnical Design Manual, which
provide state -specific design specifications.
• Standardized research sources like the Institute of Transportation Engineers (ITE) Trip
Generation studies.
• Professional certifications, including expertise required from licensed Professional
Engineers (PEs).
To preserve the authority of these external standards, the proposed amendments
maintain these references, typically without modification.
Some design specifications previously included in Title 17 have been relocated to Title 12
(Roads, Sidewalks, and Public Places) to clarify that Title 17 primarily governs land divisions.
While these amendments align with best practices and comply with House Bill (HB) 3197,
the legal interpretations of Oregon Revised Statutes (ORS) are continually evolving. Staff
actively monitors legal developments, particularly cases that may impact Deschutes
County's regulations. Though the proposed amendments reflect a sound interpretation of
current legal conditions, future changes to ORS 197A.400 will be incorporated through
additional amendment processes as needed.
One ongoing case of particular interest is Roberts v. City of Cannon Beach (2024). In
September 2024, the Oregon Court of Appeals (COA) reversed a prior decision by the Land
Use Board of Appeals (LUBA), ruling that public right-of-way development regulations are
Page 5 of 11
not required to be "clear and objenve." The COA determined that because the
development of public rights -of -way does not constitute "hr.;using" or the "development of
housing," it is not subject to the requirements of ORS 197.307(4) or ORS 227.175(4). As of
May 2025, the Oregon Supreme Court has allowed review of this case and has set oral
argument for September 2025. Staff continues to monitor the case for potential legal
implications.
IV. AGENCY AND PUBLIC COMMENT
The following public comments have been received regarding the proposed amendments.
The full written comments are available in record for the Planning Commission's reference.
For the purpose of this memorandum, brief summaries of the testimony are provided
below:
1. Rand Campbell, Rand Campbell Law LLC (March 27, 2025): The commenter raised
concerns that the proposed text amendments may actually impose more
restrictive standards that could hinder housing development on rural and
unincorporated lands arguing, part, that revisions to DCC 17.22.020(A)(3), DCC
17.22.025(E), and DCC 17.36.180(A) eliminate flexibility that currently allows case -
by -case consideration of access and road frontage requirements. Additionally, the
commenter notes that access provisions in DCC 17.22.020(A)(3) and DCC
17.22.025(E) only recognize federally owned lands (e.g., Forest Service or BLM
roads) and overlook access through state-owned public lands. The commenter
argues that the County's frontage requirements are generally unnecessary and
are unreasonably restrictive in the rural environment and urges the County to
amend DCC to include state land access, preserve the current frontage flexibility
for discretionary review processes, and retain the existing 20-foot frontage
allowance for partitions accessed via public lands. This written comment noted a
minor typo in DCC 17.22.025(C)(3) and included a request to continue the March
27 public hearing to allow for further public review and input.
2. Daniel Robinson, Schwabe Williamson & Wyatt (March 26, 2025): The commenter
outlined a series of concerns with the proposed text amendments, stressing that
ambiguous language and procedural inconsistencies throughout the drafted
amendments do not meet the statutory obligation to create clear and objective
standards. Generally, the comment recommended revisions to the proposal to
ensure the amendments are legally sound, flexible enough for rural contexts, and
aligned with the state's broader housing goals. Regarding 17.36.180, the
commenter argued that the proposed language is overly restrictive in rural areas
where many properties are accessed via easements, not public roads, and that
such a requirement constrains housing development. The commenter
recommends retaining a discretionary review track alongside the clear and
objective path to preserve flexibility for properties that are landlocked or
otherwise constrained.
Page 6 of 11
Additional concerns au lined in the written comment addressed the proposed
amendments to DCC i 7.36.040(B)(1) and the inclusion of language requiring the
County to demonstrate "consistency with constitutional requirements." The
commenter argues that determining constitutional compliance under the
Nollan/Dolan framework is inherently case -specific and not suitable for a clear
and objective standard. Additional procedural concerns were directed to
proposed text amendment language that suggests the County Road Department
Director will help determine certain findings (see DCC 17.36.040(B)(2) and DCC
17.48.165(C)) as staff are participants in land use proceedings, not decision -
makers. The commenter also highlighted that proposed changes to DCC
17.22.030 would require the same level of infrastructure improvements for both
partitions and subdivisions, potentially leading to unconstitutional exactions.
Additional concerns were outlined for the proposed amendments to DCC
17.22.025 (related to what constitutes a "conflict" with an easement), and partial
width road improvements per DCC 17.48.160(D). The commenter noted a minor
typo in DCC 17.48.180(A) and (B) and requested to continue the March 27 public
hearing to allow for further public review and input.
3. Matt Cyrus, Deschutes County Planning Commissioner (April 10, 2025): This written
comment provided responses, suggested specific language, and raised concerns
about the practicality and legality of several provisions of the proposed text
amendments. For DCC 17.16,060, 17.24.020, and 17.24.030, the commenter
objected to approval expirations (e.g., five years for a Master Development Plan
or two years for tentative plans), arguing that due to the significant investment in
obtaining such approvals, they should not lapse and should be revised to align
more with the permanence of a zone change and recognize real -world challenges
such as market fluctuations.
The commenter also challenged the fire safety and water -related requirements
under DCC 17.16.101 and 17.22.025, particularly those mandating verification
from the Oregon State Fire Marshal (OSFM) and requiring engineers to guarantee
no measurable well drawdown over 50 years. They argued these standards are
either infeasible or involve agencies (like OSFM) that do not provide the required
documentation. The written comment proposed refining the language in DCC
17.22.025(C)(2)(a)(2) to reference "rights/permits".
The comments expressed opposition to certain infrastructure requirements like
required dedications for future streets (DCC 17.36.080), and mandated
pedestrian/bicycle connections and cul-de-sac restrictions (DCC 17.36.140), citing
concerns with property rights and the Dolan v. Tigard takings precedent. The
commenter suggested these provisions overreach by imposing off -site obligations
and ignoring market -preferred design standards like cul-de-sacs. The commenter
suggested that the draft provisions of DCC 17.36.180 be reworded to read "A. Each
lot or parcel shall have a legal access."
Page 7 of 11
4. Daniel Robinscn, Sc,,,,oiabe Williamson & Vlyatt ,April 10, 2025): Following up on the
April 7, 2025 coordination meeting with County staff, t-he comment requested that
key revisions be inade before final adoption, emphasizing the importance of
aligning the proposed amendments with the County's goal to increase housing
supply, particuiarlywhere any newly -proposed standards are more stringent than
existing code, which could hinder housing development.
The commenter broadly urged the Planning Commission to direct County staff to
revise the proposed amendments by including a discretionary review option
wherever new clear and objective criteria are more restrictive than the current
code, arguing that without a parallel discretionary path, the stricter standards risk
reducing development flexibility and thus fail to meet the intent of state law
promoting needed rural housing. The commenter opposed County staff
incorporating discretionary options through repurposing existing code language,
and advocated instead to engage in broader policy discussions to refine
discretionary criteria to effectively facilitate housing development.
5. Robin Hayakowa, Central Oregon LondWatch (April 16, 2025): "Code amendments
should be policy neutral: Comments submitted to the record have advocated for
substantive policy changes to the provisions of Title 17, when existing language is
already nondiscretionary, clear, and objective. In particular, several comments
have suggested that rural Frontage/Access requirements should be changed or
eliminated in county zones, and that certain approvals should not become null
and void after a specified period of time. The current process is not an appropriate
forum for these proposed amendments. The Clear & Objective Code Amendment
process was initiated to bring DCC into compliance with ORS 197A.400, which
becomes effective on July 1, 2025. We encourage the County to resist these
proposed changes and only draft policy -neutral code amendments where existing
language is already nondiscretionary, clear, and objective. Otherwise, LanclWatch
thanks the County for their continued efforts on this important initiative. We hope
that the proposed updates will achieve an effective balance of state legislative
priorities and responsible land use principles in Deschutes County."
6. Lisa Andrach, Fitch & Neary P.C. (April 16, 2025): The public comment critiqued
Deschutes County's past application of subdivision road standards to minor
partitions, arguing that such enforcement can be both unreasonable and lacking
in public benefit, citing a specific example from Terrebonne where a 2.5-acre
partition was held to the same standards as subdivisions including public right-of-
way upgrades. Further arguments stated that such rigid application results in
absurd and impractical outcomes, especially when neighboring roads are
unimproved or encroached upon, and when access does not rely on these
adjacent areas. The comment included criticism of Title 17's variance code and the
perceived lack of relief offered through those existing provisions.
Additionally, the comment argued that DCC 17.48.210, which governs access
requirements, is vague, ambiguous, and inappropriately applied to partitions.
Page 8 of 11
Citing specific exampl^, the -ornmenfer described P, landowner with ODOT-
approved driveway access onto O'Neil Highway that was required to complete
County road iniproven) Nnt:s based on subdivision standards. The requirement
that access be taken from the lowest classified road led to a mandate to upgrade
a road segment that ultimately dead -ends at an irrigation canal. The comment
asserted that County enforcement of subdivision standards in this partition
context was unnecessary and punitive. The commenter requested that the subject
code revisions allow administrative flexibility where subdivision standards are
excessive or misapplied.
V. PLANNING COMMISSION REVIEW AND DISCUSSION
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the
Department of Land Conservation and Development (DLCD) on February 20, 2025. Staff
presented the proposed amendments to the Commission at a work session on March 13,
2025.5 An initial public hearing was held before the Commission on March 27, 20256. At
that time, both the oral and written records were continued to a subsequent hearing on
April 'i 0, 20257, at which point the oral record was closed, while the written record
remained open until April 16, 2025, at 5:00 pm. The Commission held deliberations on April
24, 20258, highlighting several drafted amendments for review before the Board prior to
final approval.
Based on feedback from the Planning Commission, several updates were incorporated into
the current version of the proposed text amendments, attached to this memorandum.
These updates are responsive to the Commissioner's comments around Oregon State Fire
Marshal (OSFM) references, domestic water source terminology, domestic water well
drawdown analysis requirements, and clarification around multi -use path connectivity.
In addition to the aforementioned feedback, Commissioners highlighted the following
themes and issues during the public hearing and deliberations processes:
• In response to the Planning Commission's comments around durations of approval
as outlined in the 17.16.060 and 17.16.070 sections Title 17's Approval of Subdivision
Tentative Plans and Master Development Plans section, staff has provided clarifying
language within the proposed amendments, explaining that any duration of approval
for such plans is subject to the standards and procedures outlined in DCC 22.36
(Limitations on Approvals).
• The Planning Commission expressed concern with the draft language of DCC
17.36.080 (Future Extension of Streets) requiring roads to reach the edge of a subject
property in order to provide access for adjoining divisible properties.
6 https://www.deschutes.orgtbc-pc/page/planning-commission-63
6 https://www.deschutes.org/bc-pc/page/planning-commission-64
https://www.deschutes.org/bc-pc/page/planning-commission-65
$ https://www.deschutes.org/bc-pc/page/planning-commission-66
Page 9 of 11
In part, the Planning; IC'ei emission took issue with trio absence of a two -track
regulatory framework, er.lphasizing that the proposed language relied solely on clear
and objective standard's that failed to preserve the original discretionary flexibility
afforded under current code.
Beyond procedural concerns, the Planning Commission raised broader constitutional
issues, cautioning that rigid requirements for future street extensions could run afoul
of Fifth Amendment protections against uncompensated taking. Without the ability
to apply discretion, The Planning Commission expressed concern that the County
could risk legal exposure for imposing conditions not justified under constitutional
standards. In response, staff revised the proposed amendments to include a two -
track approach incorporating both discretionary language alongside the proposed
clear and objective language. This revision aims to address the Planning
Commission's concerns by balancing regulatory compliance and clarity with flexibility.
• In alignment with several public comments submitted into record, the Planning
Commission reviewed and expressed notable concern regarding the proposed
amendments to DCC 17.36.180(A), which govern road frontage requirements for land
divisions.
The Commissioners echoed community input in criticizing the draft language for its
exclusive reliance on clear and objective standards, which eliminated the
discretionary flexibility historically provided under the existing code. In particular, the
potential for case -by -case review of certain frontage configurations involving federal
lands administered by the Bureau of Land Management (BLM) and US Forest Service
(USFS) was seen as a valuable component of the existing discretionary language.
In response to these concerns, staff revised the draft to include a two -track approach.
This revision reinstates the original discretionary review pathway alongside the
proposed clear and objective standards, providing applicants and decision -makers
with increased flexibility and predictability. Further discussion by the Planning
Commission indicated an interest in exploring broader alternatives to standard public
road frontage. Specifically, Commissioners expressed a desire to consider the
incorporation of additional discretionary language that would allow access via private
easements under certain conditions.
Accordingly, while the Commission has recommended that the Board review this
draft section with attention to potential opportunities for expanding discretionary
flexibility, staff notes that the concept of allowing property access via private
easements raises a range of broader policy considerations. Should the Board choose
to explore this further, it may warrant additional discussion outside of the clear and
object update involving a variety of stakeholders - such as utility providers,
emergency service agencies, mail carriers, road districts, and developers - to help
assess potential implications and inform any future direction.
Page 10 of 11
Additionally, staff addressed public comments related to scrivener's errors and the
inclusion of the term "constitutional requirements" and its variations in DCC 17.36.040(B)(1-
3), as illustrated in the proposed amendments package.
Based on input received throughout the Planning Commission review process, the Board
may receive additional testimony including but not limited to the proposed text
amendments of DCC 17.22.030, 17.22.025(D), 17.36.040(B)(2), 17.36.080, 17.36.180, and
17.48.165(C).
VI. FUTURE AMENDMENTS
As noted above, the proposed amendments presented herein are the second of several
code modifications which will be proposed over the coming months. Upcoming text
amendment proposals will address the following areas, subject to modifications as the
process unfolds:
• Deschutes County Goal 5 Resources - Natural Resources (Landscape Management
Combining Zones, Wildlife Area Combining Zones, Wetlands and Riparian Resources,
Scenic Resources, etc.)
• Cluster and Planned Development Standards
• Additional sections related to the development of housing
VII. NEXT STEPS
A public hearing with the Board is scheduled for May 28, 2025.
Attachments:
1) Staff Report & Proposed Text Amendments
Page 11 of 11
FINDINGS
CLEAR & OBJECTIVE TEXT AMENDMENTS (TITLE 17)
I. APPLICABLE CRITERIA:
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating one, the County bears the
responsibility forjustifying that the amendments are consistent with Statewide Planning Goals and
its existing Comprehensive Plan,
II. BACKGROUND:
Beginning in 2017, the Oregon State Legislature passed a series of bills to encourage efforts to
expand the supply of housing statewide. The passage of Senate Bill (SB) 1051 prohibited cities from
denying applications for housing developments within urban growth boundaries, provided those
applications complied with "clear and objective standards, including but not limited to clear and
objective design standards contained in the county comprehensive plan or land use regulations."'
The provisions of SB 1051, along with subsequent bills, modified Oregon Revised Statutes (ORS)
197.286-197.314.Of relevance to the current project is ORS 197.307(4)2 which was modified to state:
(1) Except as provided in subsection (6) of this section, a local government may adopt and apply
only clear and objective standards, conditions and procedures regulating the development
of housing, including needed housing. The standards, conditions and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or
height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed
housing through unreasonable cost or delay.
In 2023, ORS 197A.4003 (formerly ORS 197.307, as referenced above) was established by House Bill
(HB) 31974. The newly established ORS 197A.400 will become effective on July 1, 2025, and states
the following [emphasis added]:
' https://olis.oregonlegislature.gov/liz/2017Rl /Down loads/MeasureDocument/SB1 051 /Enrolled
2 https://oregon.public.law/statutes/ors 197.307
3 https://www.oregonlegislature.gov/bills laws/ors/ors197a.htm1
4 https://olis.oregonlegislature.gov/1iz/2023R1/Downloads/MeasureDocument/HB3197/Enrolled
117 NW Lafayette Avenue, Bend, Oregon 97703 ( P.O. Box 6005, Bend, OR 97708-6005
A�� (541) 388-6575 @ cdd@bdeschutes.org ® www.deschutes.org/cd
(1) Except as provided in subsection (3) of this section, a local government may adopt and apply
only clear and objective standards, conditions and procedures regulating the development
of housing, including needed housing, on land within an urban growth boundary,
unincorporated communities designated in a county's acknowledged comprehensive
plan after December 5, 1994, nonresource lands and areas zoned for rural residential
use as defined in ORS 215.501. The standards, conditions and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or
height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed
housing through unreasonable cost or delay
(3) In addition to an approval process for needed housing based on clear and objective
standards, conditions and procedures as provided in subsection (1) of this section, a local
government may adopt and apply an alternative approval process for applications and
permits for residential development based on approval criteria that are not clear and
objective if:
(a) The applicant retains the option of proceeding under the approval process that meets the
requirements of subsection (1) of this section;
(b) The approval criteria for the alternative approval process comply with applicable
statewide land use planning goals and rules; and
(c) The approval criteria for the alternative approval process authorize a density at or above
the density level authorized in the zone under the approval process provided in subsection
(1) of this section.
These provisions require local governments to apply only clear and objective standards, criteria,
and procedures to applications for housing projects and may not discourage housing through
unreasonable delay. Application of typical discretionary standards (e.g. "adequate public facilities,"
"effective mitigation", etc.) is prohibited. The statute is intended to address the concern that use of
discretionary criteria leads to uncertainty, inconsistent administration, and delays that do not serve
the goal of efficiently providing an adequate supply of housing stock.
III. BASIC FINDINGS
Numerous sections and language included in the Deschutes County Code (DCC) do not currently
meet the identified thresholds for "clear and objective standards." The primary focus of the Clear
and Objective Code Compliance Project is to ensure the DCC complies with state statute and the
objectives of the Deschutes County Comprehensive Plan.
With the assistance of consultants from MIG, planning staff have identified areas of the DCC that
are not in compliance with statute and drafted packages of text amendments to address each issue.
EXHIBIT XX -Ordinance No. 2025-XX Page 2 of 9
These packages have been broken into distinct segments to provide the public, the Deschutes
County Planning Commission (Commission), and the Deschutes County Board of Commissioners
(Board) the opportunity to review and vet the proposed changes in a more structured and confined
way.
Where possible, planning staff have endeavored to draft amendments that are a policy -neutral
conversion of existing discretionary language to non -discretionary language. This ensures the
original intent and desired outcome is preserved. When not possible, alternative standards or
criteria have been proposed, or, in certain limited cases, the language has been removed with
possible replacement language to be included as part of a future code amendment package.
Additionally, while not exclusively associated with housing developments, as part of this process
certain amendments have been proposed to broadly remove ambiguity from implementing
sections of the DCC, maintain conformity across all development standards, and ensure review
clarity for staff and members of the public.
The proposed amendment package referenced herein will broadly cover the following areas of the
DCC:
• Provisions of Title 17 (Subdivisions) specific to housing and housing development.
• Provisions of Title 17 related to certain lot configuration standards
IV. METHODOLOGY:
Clear and objective standards use terms, definitions, and measurements that provide for consistent
interpretation of the standard. In theory, any two people applying the same standard or criterion to
a development would get the same result, and there is no need or ability for the reviewer to exercise
discretion in application of the standard. The standards and criteria should provide a predictable
outcome for a wide variety of contexts and scenarios.
Per state statute, the standards cannot be so strict that they have the effect, either in themselves or
cumulatively, of discouraging housing through unreasonable cost or delay. After discussion with
County Legal Counsel and review of other jurisdictions which have implemented similar code
amendments, staff has determined there are a variety of approaches that can be used to craft clear
and objective standards:
• True/False Standards - These can be used to evaluate whether a proposed development
has satisfied a certain objective criterion. (i.e. - is the structure on a lot or parcel within a
rural residential zone?)
• Counts and Measurements - These standards are typically based on a minimum value, a
maximum value, or an acceptable range of values. (i.e. - maximum building height of 30 feet)
• Lists/Menus - Lists and menus provide flexibility for applicants to meet a standard by
choosing among several options. Lists can specify a range of acceptable options ("Any of the
following...") or can require selection of a minimum number of elements ("At least two of the
following five options...")
EXHIBIT XX - Ordinance No. 2025-XX Page 3 of 9
• Two -Track Systems: Discretionary Review - While a clear and objective review path is
required for residential development, it may not be practical or achievable to write clear and
objective standards and criteria that work in every development situation. ORS 197
recognizes this and allows local governments to also provide an optional discretionary
review path or parallel track. To that end, the amendments proposed as part of this package
and future text amendment packages maintain the existing design review and land division
standards as an optional, discretionary tract for housing. These discretionary standards
would also remain in place for all non-residential development. The advantage of a two -track
system is that it offers both certainty and flexibility. Applicants willing to work within the clear
and objective standards have the option of a simplified review process that saves time and
increases the certainty of approval. Clear and objective standards also offer certainty to
reviewers, who can review applications more efficiently with less time devoted to
interpreting discretionary/unclear requirements, and to the public, who will benefit from
knowing whether a project will or will not be approved. For applicants with creative ideas or
unique circumstances that don't meet the objective standards, discretionary review is
available, which can provide more flexibility.
V. FINDINGS:
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission (Commission) on March 27, 2025 and a public hearing was held
before the Board of County Commissioners (Board) on May 28, 2025.
Section 22.12.020, Notice
Notice
A. Published Notice
9. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 90 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
EXHIBIT XX - Ordinance No. 2025-XX Page 4 of 9
FINDING: This criterion is met as notice was published in The Bulletin newspaper on March 13, 2025
for the Commission public hearing and on May 9, 2025 for the Board public. hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: The proposed amendments are legislative and do not apply to any specific property.
Therefore, individual notice is not required.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion has been met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board and has received a fee waiver. This criterion has been met.
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order:
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: This criterion is met as the Commission held a public hearing on March 27, 2025. The
Board held a public hearing on May 28, 2025.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
EXHIBIT XX - Ordinance No. 2025-XX Page 5 of 9
FINDING: The proposed !egislative changes included in file no. 247-25-000110-TA will be
implemented by ordinances upon approval and adoption by the Board.
VI. Oregon Statewide Planning Goals:
Statewide Planning Goal 1 - Citizen Involvement:
This goal outlines the citizen involvement requirement for the adoption of Comprehensive Plans
and changes to the Comprehensive Plan and implementing documents.
FINDING: The County's citizen involvement program ensures that any amendments to the County's
development code are reviewed through a duly noticed public process. This legislative process to
review the proposed amendments will require two public hearings, one before the Commission on
March 27, 2025 and one before the Board on May 28, 2025.
Information was distributed throughout the process via the project website and through social
media and email. All Commission and Board work sessions were open to the public and noticed in
accordance with the County's rules and regulations. All work session materials, including meeting
recordings and summaries, were available on the County's website. All the aforementioned venues
provided the opportunity for gathering feedback and comments.
As part of the legislative process, public notice requirements for the Commission and Board public
hearings were met. The notice was sent to persons who requested notice, affected government
agencies, and was published in the March 13, 2025 and May 9, 2025 issues of the Bend Bulletin. The
notice invited public input and included the phone number of a contact person to answer questions.
The notice also included the address of the County's webpage where the draft of the proposal can
be viewed.
Statewide Planning Goal 2 - Land Use Planning:
This goal outlines the land use planning process and policy framework. The County's
Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning
goals.
FINDING: Deschutes County has an acknowledged Comprehensive Plan and enabling ordinances.
The amendments to the DCC are being undertaken to bring residential development standards,
criteria, and procedures into compliance with state statutes.
The amendments are being processed in accordance with the County's adopted procedures, which
requires any applicable statewide planning goals, federal or state statutes or regulations,
comprehensive plan policies, and the County's implementing ordinances be addressed as part of
the decision -making process. The amendments are being processed as a post -acknowledgement
plan amendment (PAPA) and noticing requirements have been met. All applicable review criteria
have been addressed within this staff report; therefore, the requirements of Goal 2 have been met.
EXHIBIT XX - Ordinance No. 2025-XX Page 6 of 9
Statewide Planning Goals 3 and 4 - Agricufturaa Lands and Forest Lands:
FINDING: The standards of ORS 197A.400 specifically require clear and objective standards for all
housing development "...on land within an urban growth boundary, unincorporated communities
designated in a county's acknowledged comprehensive plan after December 5, 1994, nonresource
lands and areas zoned for rural residential use as defined in ORS 215.501." The identified areas do
not include resource zoned lands (i.e. - Exclusive Farm Use, Forest Use, etc.), and staff understands
ORS 197A.400 to implicitly exempt resource -zoned properties, as those areas are governed by
separate statutory standards. As the proposed amendments do not otherwise change the
provisions elsewhere in DCC related to farm or forest zoning standards, staff finds that these goals
do not apply.
Statewide Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces:
This goal requires the inventory and protection of natural resources, open spaces, historic sites and
areas.
FINDING: The County is currently in compliance with the State's Goal 5 program. The proposed
amendments included in this package do not alter the County's acknowledged Goal 5 inventories
or associated land use programs as implemented through DCC Chapter 18.84 (Landscape
Management Combining Zone), Chapter 18.88 (Wildlife Area Combining Zone), Chapter 18.88
(Greater Sage -Grouse Area Combining Zone), and Chapter 18.90 (Sensitive Bird and Mammal
Habitat Combining Zone).
No changes will occur to current natural resource protections. As a result, the amendments are in
compliance with Goal 5 process requirements.
Statewide Planning Goal 6 -Air, Water, and Land Resource Quality:
To maintain and improve the quality of air, water, and land resources of the state.
FINDING: The County is currently in compliance with the State's Goal 6 program. The amendments
do not alter the County's acknowledged land use programs regarding water quality. The
amendments are consistent with Goal 6.
Statewide Planning Goal 7 - Areas Subject to Natural Hazards:
To protect people and property from natural hazards.
FINDING: The County is currently in compliance with the state's Goal 7 program through adoption
and implementation of the County's Natural Hazard Mitigation Plans. No changes will occur to
5 https://sherif.deschutes.org/2021 NHMP.pdf
EXHIBIT XX - Ordinance No. 2025-XX Page 7 of 9
County programs related to flood m3nogement, wildfire mitigation, or other natural hazards. The
amendments are consistent with Goa! i.
Statewide Planning Goal 8 - Recreational Needs:
This goal requires the satisfaction of the recreational needs of the citizens of the state and visitors.
FINDING: The proposed amendments do not address or alter any County recreational programs or
land use requirements related to parks and recreation. The proposed amendments are in
compliance with Goal 8.
Statewide Planning Goal 9 - Economic Development:
To provide adequate opportunities for a variety of economic activities vital to the health, welfare,
and prosperity of Oregon's citizens.
FINDING: The County is currently in compliance with the state's Goal 9 program. The proposed
amendments do not alter the County's compliance with Goal 9.
Statewide Planning Goal 10 - Housing:
To provide adequate housing for the needs of the community, region, and state.
FINDING: The currently proposed Clear and Objective Code Amendment Package and upcoming
code amendment packages will ensure Deschutes County remains in compliance with state statute
and administrative rules, and Goal 10 by continuing to allow residential construction to proceed
through a Clear and Objective process using clear and objective standards and criteria. Adoption of
the proposed amendments will reduce the administrative burden and uncertainty, and therefore
remove barriers to housing within areas of the County identified for residential development.
Statewide Planning Goal 11 - Public Facilities and Services:
To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to
serve as framework for urban and rural development.
FINDING: The County is currently in compliance with Goal 11 through its acknowledged
Comprehensive Plan. The amendments do not alter the County's compliance with Goal 11 and are
consistent with this goal.
Statewide Planning Goal 12 - Transportation:
To provide and encourage a safe, convenient, and economic transportation system.
FINDING: The County is currently in compliance with Goal 12 and Metro's Regional Transportation
Plan through its acknowledged Comprehensive Plan and TSP as required by Oregon Administrative
EXHIBIT XX - Ordinance No. 2025-XX Page 8 of 9
Rule 660-012 (Transportation Planning Rule - TPR). Additionally, the Deschutes County Senior
Transportation Planner reviewed the proposed amendments fo;- potential TPR effects and found
that the proposed amendments appear to comply with TPR provisions. As such, the proposed
amendments do not alter the County's compliance with Goal 12.
Statewide Planning Goal 13 - Energy Conservation:
Land and uses developed on the land shall be managed and controlled so as to maximize the
conservation of all forms of energy, based on sound economic principles.
FINDING: The County is currently in compliance with Goal 13 through its acknowledged
Comprehensive Plan. The amendments do not alter the County's compliance with Goal 13 and are
consistent with this goal.
Statewide Planning Goal 14 - Urbanization:
To provide for orderly and efficient transition from rural to urban land use, to accommodate urban
population and urban employment inside urban growth boundaries, to ensure efficient use of land,
and to provide for livable communities.
FINDING: The County is currently in compliance with Goal 14 through its acknowledged
Comprehensive Plan and land use regulations. The County also has signed Joint Management
Agreements with the cities of Bend, Redmond, and Sisters as required by ORS 195.065. The
amendments do not alter the County s compliance with Goal 14 and are consistent with this goal.
Statewide Planning Goals 15 through 19:
FINDING: Goals 15 through 19 are not applicable to the proposed text amendments as the County
does not contain lands affected by the requirements therein.
VII. CONCLUSION:
Based on the information provided herein, the staff recommends the Board of County
Commissioners approve the proposed text amendments that make changes necessary to conform
with state statutory requirements regarding clear and objective standards for housing
development.
EXHIBIT XX - Ordinance No. 2025-XX Page 9 of 9
TITLE 17 SUBDIVISIONS
CHAPTER 17.04 GENERAL PROVISIONS
CHAPTER 17.08 DEFINITIONS AND INTERPRETATION OF LANGUAGE
CHAPTER 17.12 ADMINISTRATION AND ENFORCEMENT
CHAPTER 17.16 APPROVAL OF SUBDIVISION TENTATIVE PLANS AND MASTER DEVELOPMENT PLANS
CHAPTER 17.20 ZERO LOT SUBDIVISION
CHAPTER 17.22 APPROVAL OF TENTATIVE PLANS FOR PARTITIONS
CHAPTER 17.24 FINAL PLAT
CHAPTER 17.32 CONDOMINIUM CONVERSION (REPEALED)
CHAPTER 17.36 DESIGN STANDARDS
CHAPTER 17.40 IMPROVEMENTS
CHAPTER 17.44 PARK DEVELOPMENT
CHAPTER 17.48 DESIGN AND rnnicToi irTinni cocrinrnrinnicROAD DEVELOPMENT STANDARDS
CHAPTER 17.52 ROAD DEDICATIONS
CHAPTER 17.56 VARIANCES
CHAPTER 17.04 GENERAL PROVISIONS
17.04.010 Short Title
17.04.020 Purpose
17.04.030 Interpretation
17.04.040 Amendments
17.04.050 Corrections
17.04.060 Review Pursuant To ORS 197A.400
17.04.010 Short Title
DCC Title 17 shall be known as the County Subdivision and Partition Ordinance, and may be so cited and
plead.
HISTORY
Adopted by Ord. 81-043 §§1 and 1.005 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
17.04.020 Purpose
A. In accordance with the provisions of ORS 92, 197 and 215, DCC Title 17 sets forth the minimum
standards governing the approval of land development, including, but not limited to, streets,
roads, subdivisions and partitioning, as necessary to carry out the County comprehensive plan
and to promote the public health, safety and general welfare. The purpose of these provisions
and regulations are to:
1. Encourage well planned subdivision and partition development to the end that good
livable neighborhoods with all needed amenities and community facilities may be
created.
MIG Deschutes County Clear and Objective Code Project 1 of 108
2.. Encourage deve-lopi-rent in harmony with the natural environment and within resource
carrying capacities.
3. Safeguard the interest of the public, the app!iGa44t-propertV owner and the future lot
owner.
4. Improve land records and boundary monumentation.
5. PEnsure equitable processing of subdivision plats and partitioning plat4s, and
accomplish to the greatest extent possible the goals and objectives of the
comprehensive plan for the County.
6. To regulate the orientation of streets, lots and parcels; the placement, height and bulk of
gsstructures; and the placement and growth of vegetation within the County to
censure access to solar energy by reasonably regulating interests in property
within the County, as authorized under ORS 215.044, 105.880 through 105.890 and
92.044 to promote and maximize the conservation of energy by preserving the option to
utilize solar energy and to implement the comprehensive plan policies relating to solar
energy.
7. To encourage the design of new buildings, structures and developments which use solar
energy and protect future options to use solar energy by protecting solar access.
8. To permit the validation of a unit of land not lawfully established pursuant to the
provisions of ORS 92.176 and the creation of a parcel by less than all owners of a unit of
land pursuant to the provisions of ORS 92.177.
9. To ensure that public infrastructure and improvements, including facilities for
transportation, water, sewer, and storm drainage, are provided to adequately serve
development and to meet the County's design specifications.
B. No person or entity may subdivide or partition land within the County except in accordance with
ORS 92,-apA the provisions of DCC Title 17, and the applicable Titles of DCC 18, 19, 19A, 20, and
21.
■MMiTi�!'.Z71�:�:11�:11�1l.Tlff.T.R�fi3�:ts1:*:
4)-.C.DCC Title 17 shall not apply to the lands lying outside the city limits of the city of Bend and
within the Bend Urban Growth Boundary. The Cc-ity of Bend Subdivision Ordinance, as
supplemented by such other supplementing and/or amending ordinances as might from time to
time be adopted, shall apply to those lands instead.
HISTORY
Adopted by Ord. PL-14 §1.010 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3 on 1213111981
Amended by Ord. 83-039 §1 on 61111983
Amended by Ord. 90-003 §1, Exhibit A on 11811990
Amended by Ord. 95-065 §1 on 1011111995
MIG Deschutes County Clear and Objective Code Project 2 of 108
Amended by Ord. 98-041 §1 on s126/10.98
Amended by Ord. 2008-030 §1 on 3/16/ 2009
Amended by Ord. 2017-009 §3 on 712112017
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.04.030 Interpretation
The provisions of DCC Title 17 shall be construed to effect the purposes set forth in DCC 17.04.020.
These provisions are declared to be the minimum requirements fulfilling such objectives, and the GeunW
may impose additienal FeqUiFemems deemed necessary to promote the health, safety and general
welfare, and to carry out the comprehensive plan of the County. Where conditions set forth in DCC 17.04
are less restrictive than comparative conditions imposed by any other provision of DCC Title 17, by
provision of any other local ordinance, resolution or regulation, or by provision of state statute or
administrative regulation, the more restrictive shall govern.
HISTORY
Adopted by Ord. PL-14 §1.020 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 1.020, 3 on 1213111981
Amended by Ord. 95-065 §1 on 1011111995
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.04.040 Amendments
DCC Title 17 may be amended or repealed as provided by law.
HISTORY
Adopted by Ord. 81-043 §§1, 1.020 on 1213111981
17.04.050 Corrections
DCC Title 17 may be corrected by order of the Board to cure editorial and clerical errors.
HISTORY
Adopted by Ord. 81-043 §§1, 12.080 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
17.04.060 Review Pursuant To ORS 197A.400
For applications that involve the development of housing and are eligible to be reviewed pursuant to
ORS 197A.400:
A. In each case where Title 17 contains alternative standards or criteria describing processes
for: (1) Clear and Obiective Standards or Criteria (i.e., review pursuant to ORS 197A.400),
and (2) General/Discretionary Standards or Criteria (i.e., review not pursuant to ORS
197A.400) the applicant shall identify in the application materials which set of alternative
standards/criteria the applicant elects to be reviewed under.
MIG Deschutes County Clear and Objective Code Project 3 of 108
B. The County shall review the application exclusively under the standards and criteria selected
by the applicant — either the clear and objective standards/criteria or the discretionary
standards/criteria.
C. Any request to elect to use different standards/criteria than those identified in the
application materials shall constitute a modification of application under DCC 22.20.055.
HISTORY
Adopted by Ord. XX-XXXX §XX on X/X/XXXX
CHAPTER 17.08 DEFINITIONS AND INTERPRETATION OF LANGUAGE
17.08.010 Construction
17.08.020 Definitions
17.08.025 References To Statute and Rule
17.08.030 Definitions Generally
17.08.010 Construction
In DCC Title 17 the words used in the present tense include the future tense, words used in the singular
include the plural and words used in the plural include the singular. The word "shall" is mandatory, the
word "may" is permissive. The masculine includes the feminine and neuter.
HISTORY
Adopted by Ord. PL-14 §1.060 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 1.030(1), 3 on 1213111981
17.08.020 Definitions
The word "County" means the County of Deschutes, State of Oregon. The words "Board of County
Commissioners" and "Board" mean the Board of County Commissioners of Deschutes County. The words
"Planning Commission" and "Commission" mean the County Planning Commission of the County of
Deschutes, duly appointed by the Board of County Commissioners. The words "Planning Director," "Road
Department Director," "Assessor," "County sanitarian," "Hearings Officer," "County Surveyor," "County
Clerk" and "Tax Collector," mean the Planning Director, Road Department Director, Assessor,
Sanitarian/Onsite Wastewater Supervisor, Hearings Officer, Surveyor, County Clerk and Tax Collector of
the County.
HISTORY
Adopted by Ord. 81-043 §§1, 1.030(2) on 1213111981
Amended by Ord. 93-012 §1 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.08.025 References To Statute and Rule
References made in Title 17 to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR)
shall be construed to refer to statute or rule in effect on the date of application.
MIG Deschutes County Clear and Objective Code Project 4 of 108
HISTORY
Adopted by Ord. XX-XXXX §XX on X/X/XXXX
17.08.030 Definitions Generally
As used in DCC Title 17, the words and phrases set out in DCC 17.08.030 have the following meanings.
11A A r I — P,._—J__J_,I ...,J:....,. — aL... —A ....c—. --.J .J,,..:-- ....s .L....a L. .... "— .....L.I:,...a:...,. .... a:4I—,
"Abut or Abutting" means contiguous, touching, adjoining, or connected at one or more points.
"Access" means the right to cross between public and private property allowing pedestrians and vehicles
to enter and leave property.
"Access corridor" means a separate travel way for pedestrians and bicyclists to minimize travel distances
within and between subdivisions, planned unit developments, residential areas and commercial centers,
major employment areas, transit stops, or within and between nearby neighborhood activity centers
such as schools, parks and convenience shopping.
"Adjacent" means abutting or located directly across a road right of way.
"Advertising" means the publication or causing to be published of any material relating to disposition of
interest in a land development, which has been prepared for public distribution by any means of
communication.
na et d R ntal b dy" Fneans a eity,
"Agent" means any person who represents or acts for any other person in disposing of interests in a land
development. "Agent" includes a real estate broker, as defined in ORS 696."�, but does not include
an attorney at law whose representation of another person consists solely of rendering legal services.
"Applicant" means a person submitting an application; the owner of affected property or the owner's
duly authorized representative. The Community Development Director or their designee may require
proof of the sufficiency of the representative's authorization by the owner to act as applicant on the
owner's behalf.
"Application" means all materials and information submitted for action authorized under this code and
on related administrative forms and checklists.
I
pewer, upen whir=h aRY peFsen eF peFseRs may Fide, and with eveFy wheel morp than 14
MIG Deschutes County Clear and Objective Code Project 5 of 108
"Bicycle" as used in Title 17 has the meaning given in ORS 801.
"Bicycle facilities" means a general term denoting improvements and provisions made to accommodate
or encourage bicycling, including parking facilities, all bikeways, and shared roadways not specifically
designated for bicycle use.
"Rbike reute" rAeans a segment of a bikeway system designated with appF9pFi_;Ae diree-Aie.nal -;;nd-
"Bikeway" as used in Title 17 has the meaning given in ORS 801.
A. "Bike Path". as used in Title 17 has the meaning given in ORS 801.
B. "Bike Lane"- as used in Title 17 has the meaning given in ORS 801.
C. Shoulder Bikeway. A bicycle facility where the bicycle travels on the paved shoulder of the
roadway.
D. Shared Roadway. A bicycle facility where the bicycle shares the normal vehicle lanes with
motorists.
E. Bike Trail (Mountain Bike). A bicycle facility designed to accommodate bicycle travel on unpaved
roads and trails.
"Block" means an area of land bounded by streets or by a combination of streets and public parks,
cemeteries, railroad rights of way, lines or shore lines or waterways, or corporate boundary lines of a
city.
"Board" means the Board of County Commissioners.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy.-
-61
of trade e.r Manufar_#We.
"Building line" means a line on a plat indicating the limit beyond which buildings or structures may not
be erected. If no line is shown on the plat, the building line shall be that set forth in the applicable zoning
ordinance.
"Comprehensive plan" means a plan as adopted by the County pursuant to ORS 197 and 215, and in
compliance with Statewide Planning Goals. ^ ^rd-'i^a*^d-I Iand use Fnap and pelgr - stat ,,, ent „f th
systems,
nGemp
n
meams all ,
MIG Deschutes County Clear and Objective Code Project 6 of 108
■ C'S9:�".17.T.r:1:17:H".C1!*lTlAllfi.7lt77.�
"Condominium" shall have the meaning set forth in ORS 100. Fneans a type of residential development
utilizing zere 19t "Res, Adividual C-44MneFships of yn;ts and- r_-_o_rA.M,GR GWRership ef epen spaGe and ether
"Contiguous" means that which touches or connects, including that which only connects or touches a
common point; the touching together of two or more tracts of land which lie alongside one another or
which touch or connect with one another for any length or distance whatsoever, no matter how finite.
"Contiguous land" means units of land under the same ownership which abut, irrespective of roadways,
easements or rights of way.
"Cross-section" means a profile of the ground surface perpendicular to the centerline of a street, stream,,
or valley bottom.
"Cul-de-sac" means a short street having one end open to traffic and terminated by a vehicle
turnaround.
"Curblines" means the line dividing the roadway from the planting strip of footway, meaning the inside
(street side) of the curb.
"Developer" means any person, corporation, partnership or other legal entity who creates or proposes to
create a land development and includes any agent of a developer.
"Disposition" means and includes sale, lease for more than one year, option assignment, award by
lottery or as a prize, or any offer or solicitation of any offer to do any of the foregoing concerning a land
development or any part of a land development.
"Drainage easement" means an easement required for drainage ditches, or required along a natural
stream or watercourse to preserve the channel, to provide for the flow of water therein, and to
safeguard the public against flood damage or the accumulation of surface water.
"Drainage swale" is a depression constructed parallel to the right of way between the roadway and the
sidewalk for containing storm runoff from streets.
"Easement" means a grant of the right to use a lot or parcel of land or portion thereof for specific
purposes,, h1r-A"where ownership of the land or portion thereof is not transferred.
+rwelued-"Fire break" means a break in the ground cover fuels intended to prevent the spread of fire.
"Flood or floodiniz" means a izeneral and temporary condition of partial or complete inundation of
normally dry land areas from:
MIG Deschutes County Clear and Objective Code Project 7 of 108
A. The overflow of inland or tidal water; and/or
B. The unusual and rapid accumulation of runoff of surface waters from any source.
C. Mudflow.
D. The collapse or subsidence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding."
"-
"Frontage, river" means that portion of a lot or parcel abutting a river, stream, or lake.
"Frontage, road" means the length of a lot line that directly abuts or borders a road right of way.
determine if e-Ir land-
Shall be A-r denied, these te
a ehaRge SubdivisieR OF PaFtitieR
gr-anted- exeept subjea
"Hearings Body" means the PlanRiRg B+ree-tsr,-Hearings Officer or governing body.
"Hearings Officer" means a planning and zoning Hearings Officer appointed or designated by the Board
of County Commissioners pursuant to ORS 227.165, or, in the absence of such appointed Hearings
Officer, the Planning Commission.
"Improvements" mean and include, but aFe net limited te, streets, alleys, curbs, gutters, roadbed, road
surface, storm drains and appurtenances, sidewalks, street lights, street signs, fire hydrants, sanitary
sewers and appurtenances, public water supply and water distribution systems and other utilities or
other components of physical public infrastructure.
the Fight te
GGGUPY land
evernight, and
a les-see's
land fAr mere th R thFee years nr less than
MIG Deschutes County Clear and Objective Code Project 8 of 108
"Interest" includes a lot or parcel and a share, undivided interest or membership which includes the
right to occupy the land overnight and lessee's interest in land for more than three years or less than
three years if the interest may be renewed under the terms of the lease for a total period of more than
three years. "Interest" does not include any interest in a condominium as that term has the meaning
given in ORS 100.005 or any security interest under a land sales contract, trust deed, or mortgage.
"Interest" does not include divisions of land created by lien foreclosures or foreclosures of recorded
contracts for the sale of real property.
"Land development" means the subdividing or partitioning of land for any purpose into parcels or the
creation of units or parcels for the purpose of sale or lease for a term of one year or more. "Land
development" includes intent to dispose of any land, whether contiguous or not, including any land
divided, lots, parcels, unit or interests offered as a part of a common promotional plan of advertising by
a single developer or a group of developers acting in concert. If the land is contiguous or is known,
designated or advertised as a common unit or by a common name, the land shall be presumed, without
regard to the number of lots covered by each individual offering, to be offered for disposition as part of a
common promotional plan.
44-.— .
2. By deed 9F laRd sales eentFaet, if there were Re applicable -planning1 .
G. "Lawfully established unit ef land" does Ret mean a uRit ef land CFeated selelyte e,_#a_h1.i,_;ha
"Lot" as used in Title 17 has the meaning given in ORS 92.
"Let" PAeaRs a uRit ef and that is created by a subdivisieR A-f ];-;PA-.
"Lot area" means the total horizontal area contained within the lot lines_! Said area shall be
computed as gross area for lots larger than 2.5 acres and net area for lots 2.5 acres or smaller. The to l
rv. u .vim ... �......,yw.,........,..b...,....,......,,........................,., ...... .,,
streets,
@GGFue te that lot if the Fead, stFeet 9F easep;eRt weFe vaeated, -and- Shall treat the gFess aFea ef lets that
A "Lot area gross" means the total horizontal net area within lot lines including all streets, roads,
and easement of access to other property that would accrue to that lot if the road, street, or
easement were vacated. The gross area of lots that have never been previously described of
MIG Deschutes County Clear and Objective Code Project 9 of 108
record as other than fractions of a section shall be calculated as if the section contained 640
acres, in cases where a lot is sought to be partitioned
B. "Lot area net" shall be used for lots smaller than 2.5 acres and means the total horizontal area
contained within the lot lines that is free from roads, streets, rights of way, or easements of
access to other property.
"Lot, corner" means a lot abutting upon two or more streets other than alleys at their intersection, or
upon two parts of the same street, such streets or parts of the same street forming an interior angle of
less than 135 degrees within the lot line.
"Lot depth" means the aveFage hGF479-Mal d-i-StaRrUe betRyp-p-R. t-he fFent and Fear lot liRes.
"Lot line" means any line bounding a "let" ^r "paFeel" as defined in nrr Title ,'lot or parcel.
"Lot, through" means a44 inteFiG lot having a frontage on two streets and/or highways, not including an
alley.
"Lot width" means the diameter of the largest circle that can be wholly contained within the boundaries
of the lot or parcel IIE)Fii�eRtal distanee between the side let lines Fne.asured within the let heundaries-ef
the -ave-Fage distanee betweeR side 'At lines within the h, -i'dable area In the rase Af rerneF let, let
g . - shall rAean the Me -an her.iZentall ddistaip-r-te between the lengest fFeRt let line @Rd the eppesite lot
lin e+ abuWng the street
"Monument" means a permanent and fixed survey marker conforming to the requirements established
by state law and the regulations of the County.
"Negotiate" means any activity preliminary to the execution of a binding agreement for the sale of land
in a subdivision or partition, including, but not limited to, advertising, solicitation and promotion of the
sale of such land.
"Offer" means and includes every inducement, solicitation or encouragement of a person to acquire a
lot, unit, parcel or interest in land.
"Owner" as used in Title 17 has the meaning given in ORS 90.100.m^,^S the ^,.,nor ^f +"^ title +^ real
"
"Parcel" as used in Title 17 has the meaning given in ORS 92." "
Wig.
"Partition" as used in Title 17 has the meaning given in ORS 92.m^ans the art of naFtit4er.ing land or an
"Partitioning land" as used in Title 17 has the meaning given in ORS 92.meaams to divide land-
th Fee na I f land l.,ithin ra len.dar year but doec not inoL ,dee
MIG Deschutes County Clear and Objective Code Project 10 of 108
"Partition plat" as used in Title 17 has the meaning given in ORS 92.
"Person" as used in Title 17 has the meaning given in ORS 174.me-^^S, ^^ individual, firm partneFship
"Planned development" as used in Title 17 has the meaning given in Title 18.
"Planned unit development" see "planned development." MeaRS a G9rnplex ef FesideRtial,
may be a-h-hireviated IPW-D-,
"Plat" as used in Title 17 has the meaning given in ORS 92. ,
"Potable water" as used in Title 17 has the meaning given in ORS 448.mea^s wateF ,.,ti:^h, ;-,- <,,ffi^'^ tly
"Property line" as used in Title 17 has the meaning given in ORS 92.
"Property line adjustment" as used in Title 17 has the meaning given in ORS 92.
"Public water system" as used in Title 17 has the meaning given in OAR 333-061-0020_ means a syste^^
feF the PFGViSi9A te the publie of piped wateF f9F hu-Map -pensumption, if such system has FneFe than
MIG Deschutes County Clear and Objective Code Project 11 of 108
■ l =
1 ty water system"
1
rAea ns a pub! iG wateF system that is Rot a Gem MuRity water
systemj
G. 1 " eF " 1
"Replat" as used in Title 17 has the meaning given in ORS 92-me—an-s the f platting the ots
II 11
Fneans a stFffip of land usually eRe feet in width, FeseFved aeFess the end of a stFeet eF
alley teRninating at the beundaFy ef a subdivision, GF a stFip ef land- be-Avee.n -;; d-ed-ir--ated- SAFeet ef less
than fi-d! width and adliaeent aGFeage, On eitheF Gase FeseFved OF he'd- fA-.r future StFeet exteR
"Right of way" means the area between the boundary lines of a street, road, or other public
easement. " " Fneans the ;;rp;; within the
"Road" or "street" means a public or private way that uscreatedto provide ingress a44d-or egress to one
or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress
and egress to land in conjunction with the use of such land for forestry, mining or agricultural purposes.
A. "Alleys' means a . bliG way thF gh the middle f a 10106k,giViRg ar=rzess t the FeaF of n ^ice or
buildiRgs, narrow street through a block primarily for vehicular service access to the back or side
of properties adjoining another street.
B. "Arterial" means a restricted access street of substantial continuity which is primarily a traffic
artery for intercommunication among large areas, and so designated by the County. This
includes three types of arterials, Principal Arterial, Urban Minor and Rural Minor Arterial,
defined as follows:
C. "Principal Arterial" means a road which carries the major portion of trips entering and leaving
the urban areas and outlying rural and recreation areas (state highways).
D. "Urban Minor Arterial" means a road that interconnects with and augments the principal arterial
system and provides service to intra-urban/intra-community areas.
E. "Rural Minor Arterial" means a road that connects with the principal arterial system and forms
the rural road network that links cities and unincorporated communities (as that term is defined
in DCC Title 18).
MIG Deschutes County Clear and Objective Code Project 12 of 108
F. "Collector" means a restricted access street supplementary to the arterial street system used or
intended to be used primarily for the movement of traffic, between arterials and local streets.
G. "County road" means a public road under the jurisdiction of a county that has been designated
as a county road under ORS 368.016.
6-H. "Frontage road" means a street parallel and adjacent to an arterial providing access to
abutting properties, but protected from through traffic.
I. "Local street" means a street whiGh pFavides aGGess te pFepeFty abuttiRg the publiG Fight of way;
intended primarily for access to adjoining
properties.
J. "Modernization" means the widening or reconstruction of an existing County road to an adopted
County standard.
K. "Special pedestrian way" means a sidewalk or pathway not located within a public road right of
way which enables pedestrian access to a street, school, park or other similar facility or service.
L. "Stubbed street" means a street having only one outlet for vehicular traffic and which is
intended to be extended or continued to serve future subdivisions or developments on adjacent
lands.
"Road and street project" means the construction and maintenance of the roadway, bicycle lanes,
sidewalks or other facilities related to a road or street. Road and street projects shall be a Class I, Class II
or Class III project.
A. Class I Project. Land use permit required. "Class I Project" is a major project such as:
1. Anew controlled -access freeway;
2. A road or street project of four or more lanes on a new location; and
3. A major project involving the acquisition of more than minor amounts of rights of way,
substantial changes in access control, a large amount of demolition, displacement of a
large amount of residences or businesses, or substantial change in local traffic patterns.
B. Class II Project. Land use permit required. "Class II Project" is a
1. Modernization where a road or street is widened by more than one lane;
2. Traffic safety or intersection improvement which changes local traffic patterns;
3. System change which has significant land use implications; or,
MIG Deschutes County Clear and Objective Code Project 13 of 108
4. The construction of a new County road or street within a dedicated public right-of-way,
where none existed 'before.
C. Class III Project. No land use permit required. "Class III Project" is a modernization, traffic safety
improvement, maintenance, repair or preservation of a road or street.
"Roadway" means that portion of a street developed for vehicular traffic.
" In" "lease"" n " "
Sa,4ease Sale or sell means every disposition or transfer of land in a subdivision or partition
or an interest or estate therein ,'?F eF develepeF oF their agents. 2-Sale" er ease ire a es
"Series partitioned lands" and "series partition" mean a series of partitions of land resulting in the
creation of four or more parcels over a period of more than one calendar year.
"Shoulder" as used in Title 17 has the meaning given in ORS 801.
"Sidewalk" as used in Title 17 has the meaning given in ORS 801.
peRnane. t rf-
"Solar access" means protection from shade for a specific area during specific hours and dates, but not
including protection from shade cast by exempt vegetation, as defined in DCC 18.04.030 and DCC
19.04.040.
"Solar height restriction" means the allowable height of buildings, structures, and nonexempt vegetation
on a property burdened by the solar access of another property.
"Subdivide land" as used in Title 17 has the meaning given in ORS 92.m^^^-r to divide @^ area eff tract A
"Subdivider" " as used in Title 17 has the meaning given in ORS 92.
"Subdivision" " as used in Title 17 has the meaning given in ORS 92.
.
"Subdivision plat" " as used in Title 17 has the meaning given in ORS 92.
"Tract" as used in Title 17 has the meaning given in ORS 92.
"Tentative plan" as used in Title 17 has the meaning given in ORS 92.meaRs a map sewng fE)Fth the
"Transportation System Plan" or "TSP" means the Deschutes County Transportation System Plan.
MIG Deschutes County Clear and Objective Code Project 14 of 108
"Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County
and acknowledged by the State, as set forth in the Rend Comprehensive Plans and as shown on the ge4►4
Comprehensive Plan maps for Bend La Pine Redmond or Sisters.
"Use" means the purpose for which land or a structure is designated, arranged or intended, or for which
it is occupied or maintained.
"Utilities" means and includes electric, telephone, natural gas, water, sewage, and other services
providing for energy or communication needs.
"Utility easement" as used in Title 17 has the meaning given in ORS 92.
"Within the County" refers to subdivisions or partitions subject to Deschutes County land use regulatory
authority.
"Zero lot line subdivision or partition" means a type of residential subdivision or partition with no
setback between dwelling units and providing for individual ownership of each the In -cation n a building
er-a lot or parcel 4R Sueh -;; mamper that PAP, r. rnere Af the building's sides eeine-idde yioith a Ilet line.
HISTORY
Adopted by Ord. PL-14 §1.070 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 1.040, 3 on 1213111981
Amended by Ord. 83-039 §2 on 61111983
Amended by Ord. 86-015 §2 on 31511986
Amended by Ord. 88-015 §1 on 511811988
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §§2-7 on 81411993
Amended by Ord. 95-065 §1 on 1011111995
Amended by Ord. 96-003 §10 on 312711996
Amended by Ord. 97-005 §1 on 61411997
Amended by Ord. 2006-007 §1 on 812912006
Amended by Ord. 2008-030 §2 on 311612009
Amended by Ord. 2012-008 §1 on 51212012
Amended by Ord. 2017-009 §4 on 712112017
Amended by Ord. XX-XXXX §XX on X/X/XXXX
CHAPTER 17.12 ADMINISTRATION AND ENFORCEMENT
17.12.010 Minimum Standards
17.12.020 (Repealed)
17.12.030 Administration; Enforcement
17.12.040 Delegation Of Authority
17.12.050 Planning Director; Duties And Responsibilities
17.12.060 Final Decision
17.12.070 Pre -Application Meeting
17.12.080 Statement Of Water Rights (Repealed)
17.12.090 Recording; Application
MIG Deschutes County Clear and Objective Code Project 15 of 108
17.12.100 Sale Or Negotiation To Sell Lots Prior To Approval Of Tentative PlanSai
Prmhohwted Before Final Appmval
17.12.105 Sale Or Neeotiation To Sell Parcels Prior To Approval Of Tentative Plan
17.12.110 Civil Relief
17.12.120 Violation; Nuisance
17.12.130 Violation
17.12.010 Minimum Standards
All proposed subdivisions and partitions within the County shall be considered for approval by the
County under DCC Title 17. In addition, no such proposed subdivision or partition shall be approved
unless it complies with:
A_-Tthe comprehensive plan for the County and/or the applicable urban area comprehensive plani
B.-a44-tThe applicable zoning ordinances and
A-.C. ORS 92.
HISTORY
Adopted by Ord. PL-14 §2.020 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 2.020, 4 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §9 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.12.020 (Repealed)
HISTORY
Repealed by Ord. 93-012 on 81411993
17 12.030 Administration; Enforcement
It shall be the duty of the Planning Director or 4stheir designated representatives to administer and
enforce the provisions of DCC Title 17 in such a way as to carry out its intent and purpose.
HISTORY
Adopted by Ord. 81-043 §§1, 2.020 on 1213111981
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.12.040 Delegation Of Authority
Pursuant to ORS 92.044(2)(a) and 92.046(3), the Board delegates to the Planning Director and Hearings
Officer the power to take final action on a proposed subdivision or partition, subject to appeal as
provided for under DCC Title 17 and the Deschutes County Development Procedures Ordinance.
MIC Deschutes County Clear and Objective Code Project 16 of 108
HISTORY
Adopted by Ord. 81-043 §§1, 2 o. i 12/.3. 11981
Amended by Ord. 90-003 §1 on 11811990
17.12.050 Planning Director; Duties And Responsibilities
A. The Planning Director shall review all applications for subdivisions and partitions and shall,
consistent with the Deschutes County Development Procedures Ordinance (DCC Title 22), either
act upon the application before #+ea -them administratively or refer the application to a Hearings
Officer.
B. Before making an administrative decision on a subdivision or partition application, the Planning
Director shall solicit comments on the proposal from the Road Department Director, the County
Onsite Wastewater Division, and representatives of any other
aepr+ate County, city, state or federal agency with overlapping Jurisdiction.
C. Before referring to the Hearings Officer and completing the staff report on an application for a
subdivision or partition, the Planning Director shall solicit comments on the proposal from the
Road Department Director, the County Onsite Wastewater Division, and
any other appre}Fiate County, city, state or federal agency with overlapping Jurisdiction.
HISTORY
Adopted by Ord. 81-043 §§1, 2.060 on 1213111981
Amended by Ord. 90-003 §1, Exhibit A on 11811990
Amended by Ord. 93-012 §11 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.12.060 Final Decision
The time for taking final action upon an application for approval of a subdivision or partition shall be as
provided for in the Deschutes County Development Procedures Ordinance (DCC Title 22).
HISTORY
Adopted by Ord. 81-043 §§1, 2.050 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.12.070 Pre -Application Meeting
Prior to submitting an application for a subdivision or partition, each applicant is encouraged to meet
with the Planning Director or a designated staff member to review the proposal. The intent of this
meeting is to advise the applicant of the requirements and standards of DCC Title 17,-a4;4-any applicable
zoning standards, and the applicable procedures of DCC Title 22.
HISTORY
Adopted by Ord. 81-043 §1 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
MIG Deschutes County Clear and Objective Code Project 17 of 108
17,12.080 Statement Of Water Rights (Repealed)
HISTORY
Adopted by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §12 on 81411993
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.12.090 Recording; Application
Before a plat of any subdivision or partition may be made and recorded, the person proposing the
subdivision or the partition, or 4istheir authorized agent or representative, shall make an application in
writing to the County Planning Department for approval of the proposed subdivision or partition in
accordance with the requirements and procedures established by DCC Title 17, the applicable DCC
zoning standards, and DCC Title 22.
HISTORY
Adopted by Ord. 81-043 §§1, 2.010 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.12.100 Sale Or Negotiation To Sell Lots Prior To Approval Of Tentative Plan
Ne peFsen shall sell any let iR aRy SlubdiVisieR until final appFE)Val A_f the land d_iVi'_;*A_.A has _heeR gFaRted by
the County. Final appFeval eGGLIFS wheR the plat ef thp subdivisien ar paFtitien recorded 4 oith the
aeed-Sale or negotiation to sell lots is subject to ORS 92.016.
HISTORY
Adopted by Ord. 81-043 §§1, 2.030 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §13 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.12.105 Sale Or Negotiation To Sell Parcels Prior To Approval Of Tentative Plans
. Sale or negotiation
to sell parcels are subject to ORS 92.016.
HISTORY
Adopted by Ord. 93-012 §14 on 81411993
MIG Deschutes County Clear and Objective Code Project 18 of 108
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.12.110 Civil Relief
When any real property is or is proposed to be used, transferred, sold or disposed of in violation of DCC
Title 17, the Planning Director or any person whose interest in the property is or may be affected by the
violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement
or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate or set aside such
use, transfer, sale, disposition, offer, negotiation or agreement.
HISTORY
Adopted by Ord. 81-043 §§1, 2.040 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
17.12.120 Violation; Nuisance
A land division or use in violation of DCC Title 17 is declared a nuisance.
HISTORY
Adopted by Ord. 81-043 §§1, 2.020 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
17.12.130 Violation
Violation of any provision of DCC Title 17 is a Class A violation.
HISTORY
Adopted by Ord. 81-043 §§1, 2.040 on 1213111981
Amended by Ord. 83-027 §1 on 31911983
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 2003-021 §36 on 41912003
CHAPTER 17.16 APPROVAL OF SUBDIVISION TENTATIVE PLANS AND MASTER DEVELOPMENT
PLANS
17.16.010 Application; Submission
17.16.020 Scale Of Tentative Plan
17.16.030 Informational Requirements
17.16.035 Application Review
17.16.040 Protective Covenants And Homeowner Association Agreements
17.16.050 Master Development Plan
17.16.060 Master Development Plan; Approval
17.16.070 Development Following Approval
17.16.080 Tentative Plan As A Master Plan
17.16.090 Tentative Plan Approval
17.16.100 Tentative Plan Approval: General/Discretionary Criteria
17.16.101 Tentative Plan Approval: Clear and Objective Criteria
MIG Deschutes County Clear and Objective Code Project 19 of 108
17.16.105 Access To Subdivisions
17.16.110 Resubmission Of Denied Tentative Plan
17.16.115 Traffic Impact Study
17.16.010 Application; Submission
Any person proposing a subdivision, or their W&-authorized agent or representative, shall include with an
application and filing fee for a subdivision, a tentative plan, together with improvement plans and other
supplementary material as may be required in accordance with DCC 17.16.030. A master development
plan may also be required in accordance with DCC 17.16.050.
HISTORY
Adopted by Ord. PL-14 §3.010 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3.015, 3 on 1213111981
Amended by Ord. 90-003 §1, Exhibit A on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.020 Scale Of Tentative Plan
The tentative plan of a proposed subdivision shall be drawn en sheet at a scale not greater than one
inch per 400 feet., 9F as appFeved by the PlanniRg Depaament.
HISTORY
Adopted by Ord. PL-14 §3.050 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3.020, 3 on 1213111981
Amended by Ord. 90-003 §1, Exhibit A on 1/8/1990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.030 Informational Requirements
The following information shall be shown on the tentative plan or provided in accompanying materials.
No tentative plan shall be considered complete unless all such information is provided.
A. General Information Required.
1. Proposed name of the subdivision;
2. Names, addresses and phone numbers of the owners of record, authorized agents or
representatives, Professional Eengineer or surveyor, and any assumed business names
filed or to be filed with the CeFpeFatien Corn m issi 9RSecretary of State — Corporate
Division by the applicant;
3. Date of preparation, true north, scale and gross area of the proposed subdivision;
4. AppFepFiate iddeenfifleatien efLLbehng of the drawing as a tentative plan for a subdivision;
5. Location and tract designation sufficient to define its location and boundaries, and a
legal description of the tract boundaries in relation to existing plats and streets;
MIG Deschutes County Clear and Objective Code Project 20 of 108
6. Title report or subdivision guarantee.
B. Information Concerning Existing Conditions.
1. Location, names and widths of existing improved and unimproved streets and roads in
relation to existing right-of-way, bikeways and access corridors in the proposed
subdivision and within 200 feet of the proposed subdivision;
2. Location of any existing features, such as section lines, section corners, special district
boundary lines and survey monuments;
3. Location of existing structures, irrigation canals and ditches, pipelines, waterways,
railroads and any natural features, such as rock outcroppings, marshes, wooded areas
and natural hazards, and including features detailed in DSUs Statewide Wetlands
Inventory;
4. Location and direction of watercourses, and the location of areas subject to flooding and
high water tables;
5. Location, width, and use or purpose of any existing easement or right of way for utilities,
bikeways and access corridors within and adjacent to the proposed subdivision;
6. Existing sewer lines, water mains, culverts, and other underground and overhead
utilities within and adjacent to the proposed subdivision, together with pipe sizes,
grades, and locations;
7.
datuand Ground elevations shown by contour lines having minimum intervals of two
feet for slopes of less than five percent, 10 feet for slopes of five to 20 percent, and 20
feet for slopes greater than 20 percent;
8. Zoning classifications of lands within and adjacent to the proposed subdivision;
9. A map showing the location of any site zoned SM, Surface Mining, under DCC Title 18,
within one-half mile of the proposed lot line;
10. The structures, trees, rock outcroppings, or other shade producing objects, if the object
will cast shade from or onto the subdivision.
C. Information Concerning Proposed Subdivision.
1. Location, names, width, typical improvements, cross -sections, bridges, culverts,
approximate grades, curve radii, and centerline lengths of all proposed streets, and the
relationship to all existing and proposed streets;
2. Location, width, and purpose of all proposed easements or rights of way for roads,
utilities, bikeways, and access corridors, and relationship to all existing easements and
rights of way;
3. Location of at least one temporary benchmark within the subdivision bouada-r-y of line;
MIG Deschutes County Clear and Objective Code Project 21 of 108
4. Location, approximate lot area and dimensions of each lot, and proposed lot numbers;
5. Location, approximate lot area,, and dimensions of any lot or area proposed for public
use, the use proposed, and plans for improvements or development thereof;
6. Proposed use, location, approximate lot area,, and dimensions of any lot intended for
nonresidential use;
7. Phase boundaries outlined in bold lines, if phasing is Gentemplatedproposed for the
subdivision;
8. Source, method,, and preliminary plans for domestic and other water supplies, sewage
disposal, solid waste disposal,, and all utilities;
9. Description and location of any proposed community facility;
10. Storm water and other drainage facility plans;
11. Statement from each utility company proposed to serve the subdivision, stating that
each such company is able and willing to serve the subdivision as set forth in the
tentative plan;
12. Proposed fire protection system for the subdivision;
13. Solar access:
a. Provide a statement ro'-ati„o to the s la.r to be p „ided by the
subd+vision p4p�indicating how the subdivision plan conforms to the
requirements of DCC 17.36.210.
b. Determine the location and type of street trees, if proposed.
14. Location and design of all proposed bicycle and pedestrian facilities;
15. Location and design of all proposed facilities providing for public transit.
16. App♦=epiate-Traffic Impact Study as specified in 17.16.115.
D. Information for lots located in DCC 18.56 Surface Mining Impact Area (SMIA) zones. For each lot
located wholly or partially within a SMIA zone, an applicant shall submit a site plan,
accompanied by appropriate site plan fees, indicating the location of proposed noise or dust
sensitive uses (as defined in DCC Title 18), the location and dimensions of any mitigating berms
or vegetation and data addressing the standards of DCC 18.56, as amended, with respect to
proposed noise or dust sensitive uses.
HISTORY
Adopted by Ord. PL-14 §3.060 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3.025, 3 on 1213111981
Amended by Ord. 83-039 §§3-5 on 61111983
Amended by Ord. 90-003 §1, Exhibit A on 11811990
Amended by Ord. 93-012 §15 on 81411993
PdiIG Deschutes County Clear and Objective Code Project 22 of 108
Amended by Ord. 2006-004 §1 osi 6120/2006
Amended by Ord. 2006-007 §2 on 8112912006
Amended by Ord. 2008-030 §3 on 3/1612009
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.035 Application Review
Following submission of an application for a land subdivision, the application shall be reviewed in
accordance with the procedures established in DCC Title 17 and DCC Title 22.
HISTORY
Adopted by Ord. XX-XXXX §XX on X/X/XXXX
17.16.040 Protective Covenants And Homeowner Association Agreements
Landowner covenants, conditions, and restrictions and homeowner association agreements are not
relevant to approval of subdivisions under DCC Title 17, unless such covenants, conditions,
and restrictions and homeowner association agreements ethe- e deateFffline' by the County to carry
out ^^�conditions of prior County approvals, such as road maintenance or open space preservation.
Any provisions in such agreements not in conformance with the provisions of DCC Title 17 or applicable
zoning ordinances are void.
HISTORY
Adopted by Ord. 90-003 §1, Exhibit A on 1/8/1990
Amended by Ord. 93-012 §16 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.050 Master Development Plan
An overall master development plan shall be submitted for all developments affecting land under the
same ownership for which phased development is GOntemplatedproposed. At a minimum, Tthe master
plan shall include, but Ret be limited te, the following elements:
A. Overall development plan, including phase or unit sequence;
B. Show compliance with the comprehensive plan and implementing land use ordinances and
policies;
C. Schedule of improvements, initiation and completion;
D. Overall transportation and traffic pattern plan, including bicycle, pedestrian and public transit
transportation facilities, and access corridors;
E. Program timetable projection;
F. Development plans for any common elements or facilities;
G. For applications reviewed under Clear and Objective Standards pursuant to DCC 17.04.060,
master development plans shall comply with the following requirement. When the proposed
development abuts unplatted land capable of being divided under current zoning requirements,
MIG Deschutes County Clear and Objective Code Project 23 of 108
the master plan shall include a future street plan that shows the pattern of proposed streets
within the master development plan property lines, proposed connections to abutting land, and
extension of streets to abutting land within a 1,000 foot radius of the master development plan.
The future street plan shall demonstrate that maximum block length standards in Section
17.36.150 will not be exceeded when streets are extended onto abutting land in the future.
G,H. For applications reviewed under General/Discretionary Standards, master development
plans shall comply with the following requirement. If the proposed subdivision has an unknown
impact upon adjacent lands or lands within the general vicinity, the Planning Director or
Hearings Body may require a potential development pattern for streets, bikeways and access
corridors for adjoining lands to be submitted together with the tentative plan as part of the
master development plan for the subject subdivision.
HISTORY
Adopted by Ord. PL-14 §3.085 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3.030, 3 on 1213111981
Amended by Ord. 93-012 §17 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.060 Master Development Plan; Approval
The Planning Director or Hearings Body shall review a master development plan at the same time the
tentative plan for the first phase is reviewed. The Planning Director or Hearings Body shall review the
master development plan for consistency with applicable provisions of DCC Title 17. The Planning
Director or Hearings Body may approve, modify, or disapprove the master plan and shall set forth
findings for such decision. The Planning Director or Hearings Body may also attach conditions necessary
to bring the plan into compliance with all applicable land use ordinances and policies. Any tentative plan
submitted for the plan area shall conform to the master plan unless approved otherwise by the County.
Master plan approval shall be granted for a specified time period by the Planning Director or Hearings
Body, and shall be included in the conditions of approval. For applications approved under clear and
objective standards the duration of approval shall be as specified in DCC 22.36.
HISTORY
Adopted by Ord. 81-043 §§1, §3.030 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §18 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.070 Development Following Approval
Once a master plan is approved by the County, the master plan shall be binding upon both the County
and the developer; provided, however, after five years from the date of approval of the master plan, the
County may initiate a review of the master plan for conformance with applicable County regulations. If
necessary, the County may require changes in the master plan to bring it into conformance.
MIG Deschutes County Clear and Objective Code Project 24 of 108
HISTORY
Adopted by Ord. 81-043 §§1, 3.040 on 1213111981
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.080 Tentative Plan As A Master Plan
A. As an alternative to the filing of a master plan for phased development, the applicant may file a
tentative plan for the entire development. The tentative plan must comply with the provisions of
DCC Title 17 for tentative plans.
B. If the applicant proposed to phase development, he shall IaFevid-e sufficient infermatieR
FegaFdiRg the GveFall devele ment plan and phasing seq, ieRrse when ;, bmffiwng the tentative
-a phasing plan shall be submitted with the tentative plan indicating when each phase will
occur and which lots will be in each phase. The tentative plan must meet all requirements of
DCC Title 17 for each phase.
C. If the tentative plan is approved with phasing, the final plat for each phase shall be filed in
accordance with DCC 17.24.020 thFIDU ,h 17,24.110.
HISTORY
Adopted by Ord. 81-043 §§1, 3.045 on 1213111981
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.090 Tentative Plan Approval
A. The Planning Director or Hearings Body shall review the application and any comments
submitted by other appropriate County, state, or federal agencies and shall render a decision in
accordance with DCC 17.16.100, setting forth findings supporting its decision.
B. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed
subdivision for purposes of recording; however, approval of such tentative plan shall be binding
upon the County for the purposes of preparation and review of the final plat. Upon review of the
final plat, the County may require compliance with the terms of its tentative plan approval of the
proposed subdivision and the terms of DCC Title 17.
HISTORY
Adopted by Ord. PL-14 §3.090 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3.055(1), 3 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.100 Den„iFed CiAdiA95 FGF Tentative Plan Approval: General/Discretionary Criteria
A tentative plan for a proposed subdivision shall not be approved unless the Planning Director or
Hearings Body finds that the subdivision as proposed or modified will meet the requirements of DCC
Title 17 and DCC Title 18 through 21 and the following approval criteria, and is GempliaRee with thy,
GOFAPFehensive plan. Sueh findings shall ineludo but net he limited te_ the fell ,
MIG Deschutes County Clear and Objective Code Project 25 of 108
A. The subdivision contributes to orderly development and land use patterns in the area, and
provides for the preservation of natural features and resources such as streams, lakes, natural
vegetation, special terrain features, agricultural and forest lands, and other natural resources.
B. The subdivision will not create excessive demand on public facilities and services, and utilities
required to serve the development.
C. The tentative plan for the proposed subdivision meets the requirements of ORS 92.090.
D. For subdivisions or portions thereof proposed within a DCC Chapter 18.56 Surface Mining Impact
Area (SMIA) zone unde.r nrG- Title 18, the subdivision creates lots on which noise or dust
sensitive uses can be sited consistent with the requirements of DCC Chapter 18.56, as amended,
as demonstrated by the site plan and accompanying information required under DCC 17.16,030.
E. The subdivision name has been approved by the County Surveyor.
HISTORY
Adopted by Ord. PL.-14 §3.100 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3.060, 3 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §19 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.101 Tentative Plan Approval: Clear and Objective Criteria
A. The tentative plan for the proposed subdivision meets the requirements of ORS 92.090.
Compliance with final plat requirements under ORS 92.090 shall be included as conditions of any
approval
B. The tentative plan for the proposed subdivision shall:
1. Not result in unreasonable risk of fire, flood, geological hazards, or other public health
and safety concerns. This shall be documented by submittal of all of the following
materials at the time of application:
a. Written confirmation from the responding fire protection district verifying the
subject property referenced in the tentative plan is included within the fire
protection district's response area.
A written statement from a Professional Engineer registered in the State of
Oregon verifying the tentative plan will not result in unreasonable risk of flood,
geological hazards, or other public health and safety concerns.
c. Demonstrate compliance with DCC 18.96 (Flood Plain (FP) Zone) and/or DCC
19.72 (Flood Plain (FP) Combining Zone), in DCC 18.96.020 and/or DCC
19.72.020 designated areas.
2. Demonstrate that the subdivision will be served by adequate water supply, sewage
disposal, drainage, fire protection, education, and other public facilities and services,
MIG Deschutes County Clear and Objective Code Project 26 of 108
and utilities. This shall be documented by submittal of all of the following materials at
the time of application:
a. A will -serve letter from a water supply district or written confirmation from the
Oregon Water Resources Department verifying:
1. The tentative plan lots are eligible to be served by exempt wells;; or
2. All water permits have been obtained for the tentative plan lots and are
legally available for the proposed uses.
b. A will -serve letter from a sewer or sanitary district or written confirmation from
a Deschutes County Onsite Wastewater Specialist verifying the tentative plan
lots can individually be provided with onsite wastewater services in accordance
with applicable Department of Environmental Quality regulations.
c. A written statement from a Professional Engineer registered in the State of
Oregon verifying the tentative plan will comply with the Central Oregon
Stormwater Manual.
d. Written verification that the subiect property is included within the response
area of a fire protection district.
e. A will -serve letter from any other public utilities or district anticipated to serve
the tentative plan lots.
3. Demonstrate the subdivision will be served by adequate transportation systems. This
shall be documented by submittal of all of the following materials:
a. Written confirmation from the Road Department Director verifying the submitted
traffic impact study complies with DCC 18.116.310.
b. Written confirmation from the Road Department Director verifying the development
will comply with DCC Chapters 17.36, 17.48, and Title 12.
C. For subdivisions or portions thereof proposed within a DCC Chapter 18.56 Surface Mining Impact
Area (SMIA) zone, the applicant shall demonstrate that the subdivision creates lots on which
noise or dust sensitive uses can be sited consistent with the requirements of DCC Chapter 18.56.
D. The proposed subdivision includes the dedication of land, or a fee in -lieu of land as required in
DCC Chapter 17.44.
HISTORY
Adopted by Ord. XX-XXXX §XX on X/X/XXXX
7.16.105 Access To Subdivisions
No proposed subdivision shall be approved unless it would be accessed by roads constructed to County
standards provided in DCC Chapters 17.36, 17.48, and Title 12 and by roads under one of the #ellewiRg
conditions= in either (A) or (B), below, and in conformance with subsection (C).
MIG Deschutes County Clear and Objective Code Project 27 of 108
A. Public roads with maintenance responsibility accepted by a unit of local or state government or
assigned to landowners or homeowners association by covenant or agreement_
B. Private roads, as permitted by DCC Title 18, with maintenance responsibility assigned to
landowners or homeowners associations by covenant or agreement pursuant to ORS 105j-e4:
C. This standard is met if the subdivision would have direct access to an improved collector or
arterial or in cases where the subdivision has no direct access to such a collector or arterial, by
demonstrating that the road accessing the subdivision from a collector or arterial meets relevant
County standards that maintenance responsibility for the roads has been assigned as required by
this section.
NOTE: Minor scrivener's changes made to B. when Ord. 2019-005 was added to this section.
HISTORY
Adopted by Ord. 93-012 §19(A) on 81411993
Amended by Ord. 2019-005 §1 on 61412019
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.110 Resubmission Of Denied Tentative Plan
A. If the tentative plan for a subdivision is denied, resubmittal thereof shall not be accepted for a
period of six months after the date of the final action denying such plan. Upon resubmission, the
applicant shall consider all items upon which the prior denial was based, and the resubmission
shall be accompanied by -a new filing fees.
B. A tentative plan resubmitted in accordance with DCC 17.16.110 shall be reviewed in the same
manner as any other tentative plan.
HISTORY
Adopted by Ord. PL-14 §3.110 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3.035, 3 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.16.115 Traffic Impact Study
A. The traffic impact studies will comply with DCC 18.116.310.
HISTORY
Adopted by Ord. 2006-004 §1 on 612012006
Amended by Ord. 2010-014 §1 on 1011212010
Amended by Ord. 2014-001 §1 on 912412014
Amended by Ord. XX-XXXX §XX on X/X/XXXX
CHAPTER 17.20 ZERO LOT SUBDIVISION
17.20.010 Requirements
MiG Deschutes County Clear and Objective Code Project 28 of 108
17.20.010 Requirements
In addition to the general provisions for subdivision and partitioning set forth in DCC Title 17 and the
applicable zoning chapters, any application for a zero lot line subdivision or partition shall meet the
following requirements:
A. The tentative plan shall indicate all lot divisions, including those along the common wall of
dwpiex-dwelling units.
B. Independent utility service shall be provided to each dwelling unit, including, but not limited to,
water, electricity and natural gas, unless common utilities are approved by the affected utility
agency and are adequately covered by easements.
C. Prior to the granting of final approval for creation of a zero lot line subdivision or partition, the
Planning Director shall require the applicant(s) to enter into a written agreement in a form
approved by the County Legal Counsel that establishes the rights, responsibilities and liabilities
of the parties with respect to maintenance and use of any common areas of the dwelling units,
such as, but not limited to, common walls, roofing, water pipes and electrical wiring. Such
agreement shall be in a feFFn suitable fOF Fecerding, shall be recorded and be binding upon
the heirs, executors, administrators, and assigns of the parties.
D. Each zero lot line subdivision or partition proposal shall receive site plan approval pursuant to
DCC 18.124 prior to submission of the final plat. Site
n^+ rdetr r-# frl,m the geReFal -. pea FaRGe of the neighberheed
HISTORY
Adopted by Ord. 81-043 §§1, 3.050 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXX §XX on X/X/XXXX
CHAPTER 17.22 APPROVAL OF TENTATIVE PLANS FOR PARTITIONS
17.22.010 Filing Procedures And Requirements
17.22.020 RegUtFeme t c^rTentative Plan Approval: General/Discretionary Criteria
17.22.025 Tentative Plan Approval: Clear and Objective Criteria
17.22.030 Improvement Requirements
17.22.040 Application Review
17.22.050 Protective Covenants and Homeowner Association Agreements
17.22.100 Special Partition Regulations
17.22.010 Filing Procedures And Requirements
A. Any person, or W-stheir authorized agent or representative, proposing a land partition, shall
prepare and submit a minimum of one-1 copy of the tentative plan and ^^^ (1) Fedweed wale
copy 9 "
o'^^^'^^ Direete , in accordance with the procedures prescribed preezedwFesin this section, and
the appropriate filing fees, to the Planning Division.
MIG Deschutes County Clear and Objective Code Project 29 of 108
B. The tentative plan shall include the following:
1. A vicinity map locating the proposed partition in relation to lots or parcels zoned Surface
Mining (SM)M, SuFfaGe MiP44^, under DCC Title 18, which are within one-half mile of the
subject partition, and to adjacent subdivisions, roadways, and adjoining land use and
ownership patterns. The vicinity map must include names of all existing roadways shown
therein;
A plan of the proposed partitioning showing tract boundaries and dimensions, the area
of each tract or parcel, locations of all easements, and the names, rights -of -way, widths
and improvement standards of existing roads in relation to the existing right-of-way. The
tentative plan shall also show the location of all existing gsstructures, canals,
ditches, septic tanks and drainfields; it shall also show the location of any topographical
feature which could impact the partition, sw asincluding but not limited to canyons,
bluffs, rock outcroppings, natural springs, and floodplains. In addition, the tentative plan
shall show the location width, curve radius, and grade of proposed rights of way;
3. if the partition is to be accessed by a U.S. Forest Service or Bureau of Land Management
road, the applicant shall submit a written agreement with the appropriate land
management agency confirming permanent legal access to the road and
identifying any required maintenance obligations;
4. Names and addresses of the landowner, the applicant (if different), a mortgagee if
applicable and the Professional Eengineer or surveyor employed or to be employed to
make the necessary surveys;
5. A statement regarding eentemplatedproposed water supply, telephone and electric
service, sewage disposal, fire protection and access, etc. If domestic water is to be
provided by an on site well, the application must include at least two well logs for wells
in the area;
6. True north, scale, and date of map and property identification by tax lot, section,
township and range;
7. Statement regarding present and intended use(s). of the parcels to be created, or the
used for which the parcels are to be offered;
8. If a tract of land has water rights, the application shall be accompanied by a water rights
division plan which can be reviewed by the irrigation district or other water district
holding the water rights, or when there is no such district, the CewRt -Oregon Water
Resources Department (OWRD) Watermaster;
9. Title report or subdivision guarantee.
C. Information for parcels located within any DCC Chapter 18.56 Surface Mining Impact Area
(SMIA) zones. For each parcel wholly or partially within any DCC Chapter 18.56 SMIA zoneeF
DCCTitle 18 a+4the applicant shall submit a site plan, accompanied by appropriate site plan fees,
indicating the location of proposed noise or dust sensitive uses (as defined in DCC Title 18), the
MIG Deschutes County Clear and Objective Code Project 30 of 108
location and dimensions of any mitigating berms or vegetation and data addressing the
standards of DCC 18.56, with respect to allowed noise or dust sensitive uses.
D.
19
Gemply with the appliGable r_-.riteria f6r r-reation Af -not of land may be approved as pFevided iR
he Rit
:If the unit of land proposed to be partitioned was not lawfully
established the County may approve an application to validate the unit of land pursuant to ORS
92.176.
1 is not a lawfully establirhie d --,hit of land; aR d
•• ��
� �
. HSS9.1:�9S7trL7IflS�.7�1:7E'�S.
�G�:T:
e I - MO. We -1.0
.......... M7
h The peFFnit .does not rhaRge 9 iRtensify the use of the .dwellin eF otheF
builduRg.
MIG Deschutes County Clear and Objective Code Project 31 of 108
HISTORY
Adopted by Ord. 81-043 §§1, 5.015 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §21 on 81411993
Amended by Ord. 2006-007 §3 on 812912006
Amended by Ord. 2008-030 §4 on 311612009
Amended by Ord. 2020-007 §5 on 1012712020
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.22.020 ReEl !Femeat FG Tentative Plan Approval: General/Discretionary Criteria
A. No application for partition shall be approved unless the following requirements are met:
Proposal is in compliance with ORS 92, the ^ plieable GGFRPFeheRsive plan and the
applicable zoning ordinances. A proposed partition is not in compliance with the
zoning ordinances if it would conflict with the terms of a previously issued approval
for a land use on the property or would otherwise create a nonconforming use on
any of the newly described parcels with respect to any existing structure and/or use;
2. Proposal does not conflict with existing public access easements within or adjacent
to the partition;
3. The partition is accessed either by roads dedicated to the public or by way of United
States Forest Service or Bureau of Land Management roads where applicant has
submitted a written agreement with the appropriate land management agency
providing for permanent legal access to the parcels and any required maintenance.
This provision shall not be subject to variance;
MIG Deschutes County Clear and Objective Code Project 32 of 108
4. Demonstrate Aar,. access permit can be obtained from either the Community
Development Department, the City Public Works Department or the State Highway
Division;
5. Each parcel is suited for the use intended or offered, considering the zoning
designations iAcl-wse-ze4ti, lot areas+ze of the parcels, natural hazards, topography,
and access;
6. All required utilities; and public services and facilities are available, have
sufficient capacity to meet proposed demand, adequate and are proposed to be
provided by the applicantpe## -��-^n^~;
7. A water rights division plan, reviewed and approved by the appropriate irrigation
district or the Watermaster's office, if water rights are associated with the subject
property;
8. For partitions or portions thereof within one half mile of SM zones, the applicant
shows that a noise or dust sensitive use, as defined in DCC Title 18, can be sited
consistent with the requirements of DCC 18.56, as demonstrated by the site plan
and accompanying information required to be submitted under DCC 17.22.010(C).
B. If the Planning Director determines that the proposed partition constitutes series
partitioning, or if series partitioning has occurred in the past, then the Planning Director may
refer the application to the hearings officer for a determination as to whether the
application should be subject to the requirements of DCC 17.36.300, Public Water Supply
System, and DCC 17.48.160, Road Development Requirements for Subdivisions.
C. Protective covenants and homeowner's association agreements are irrelevant to any
partition approval and will not be reviewed by the County. Any provision in such agreements
not in conformance with the provisions of DCC Title 17 or applicable zoning ordinance are
void as against the County.
HISTORY
Adopted by Ord. 81-043 §§1, 5.020 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §22 on 81411993
Amended by Ord. 2006-007 §3 on 812912006
Amended by Ord. 2020-007 §5 on 1012712020
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.22.025 Tentative Plan Approval: Clear and Objective Criteria
The Planning Director or Hearings Body shall approve, approve with conditions, or deny a proposed
tentative plan for partition Approval- or approval with conditions shall be based on compliance with
applicable requirements of DCC Title 17 and DCC Titles 18 through 21 and the following criteria:
A. The proposed partition meets the requirements of ORS 92.090. Compliance with plat
reauirements under ORS 92.090 shall be included as conditions of approval.
MIG Deschutes County Clear and Objective Code Project 33 of 108
B. The proposed partition will not conflict with the terms of a, previously issued approval for a
land use on the property or would otherwise create a nonconforming use on any of the
newly described parcels with respect to any existing structure and/or use.
C. The tentative plan for the proposed subdivision shall:
1. Not result in unreasonable risk of fire, flood, geological hazards, or other public health
and safety concerns. This shall be documented by submittal of all of the following
materials at the time of application:
a. Written confirmation from the responding fire protection district verifying the
subject property referenced in the tentative plan is included within the fire
protection district's response area.
b. A written statement from a Professional Engineer registered in the State of
Oregon verifying the tentative plan will not result in unreasonable risk of flood,
geological hazards, or other public health and safety concerns.
c. Demonstrate compliance with DCC 18.96 (Flood Plain (FP) Zone) and/or DCC
19.72 (Flood Plain (FP) Combining Zone), in DCC 18.96.020 and/or 19.72.020
designated areas.
2. Demonstrate the partition will be served by adequate water supply, sewage disposal,
drainage fire protection, education, and other public facilities and services, and utilities.
This shall be documented by submittal of all of the following materials at the time of
application:
a. A will -serve letter from a water supply district or written confirmation from the
Oregon Water Resources Department verifying:
1. The tentative plan parcels are eligible to be served by exempt wells;; or
2. All water permits have been obtained for the tentative plan parcels and
are legally available for the proposed use(s).
b. A will -serve letter from a sewer or sanitary district or written confirmation from
a Deschutes County Onsite Wastewater Specialist verifying the tentative plan
parcels can individually be provided with onsite wastewater services in
accordance with applicable Department of Environmental Quality regulations.
c. A written statement from a Professional Engineer registered in the State of
Oregon verifying the tentative plan will comply with the Central Oregon
Stormwater Manual.
d. Written verification that the subiect property is included within the response
area of a fire protection district.
e. A will -serve letter from any other public utilities or district anticipated to serve
the tentative plan parcels.
MIG Deschutes County Clear and Objective Code Project 34 of 108
3. Demonstrate the partition will be served by adequate transportation systems. This shall
be documented by submittal of all of the following materials:
a. Written confirmation from the Road Department Director verifying the submitted
traffic impact study complies with DCC 18.116.310.
b. Written confirmation from the Road Department Director verifying the development
will comply with DCC Chapters 17.36, 17.48, and Title 12.
D. The proposed partition does not impair, obstruct, or otherwise interfere with the use or
purpose of existing easements within or adjacent to the partition;
E. The proposed partition is accessed either by roads dedicated to the public or by way of
United States Forest Service or Bureau of Land Management roads where applicant has
submitted a written agreement with the appropriate land management agency providing for
permanent legal access to the parcels and any required maintenance. This provision shall
not be subject to variance;
F. Demonstrate an access permit can be obtained from either the Community Development
Department, the City Public Works Department, or the State Highway Division;
G. A written statement from a Professional Engineer registered in the State of Oregon verifying
each parcel is suited for the use intended or offered, considering the land use zone, size of
the parcels, natural hazards, topography and access;
I. A water rights division plan, reviewed and approved by the appropriate irrigation district or
the Watermaster's office, if water rights are associated with the subject property;
H. For partitions or portions thereof proposed within a Surface Mining Impact Area (SMIA) zone
under DCC Title 18, the applicant shall demonstrate the partition creates parcels on which
noise or dust sensitive uses can be sited consistent with the requirements of DCC Chapter
18.56.
I. If the proposed partition constitutes series partitioning that will have the cumulative effect
of creating more than 10 parcels with an average lot area 5 acres or less, the application is
subject to the requirements of DCC 17.36.300, Public Water Supply System, and DCC
17.48.160, Road Development Requirements for Subdivisions.
J. The proposed partition includes the dedication of land, or a fee in -lieu of land as required in
DCC Chapter 17.44.
HISTORY
Adopted by Ord. XX-XXXX §§X on X/X/XXXX
17.22.030 Improvement Requirements
A. General/Discretionary Standards: In the approval of a land partition, the County shall consider
the need for street and other improvements, and may require as a condition of approval any
improvements that may be required for a subdivision under the provisions of DCC Title 17. All
roads in partitions shall be dedicated to the public without reservation or restriction, except
MIG Deschutes County Clear and Objective Code Project 35 of 108
where private roads are allowed by the applicable zoning regulations, such as in planned or
cluster developments.
B. Clear and Obiective Standards: In the approval of a partition, the County shall consider the need
for street and other improvements, and shall require as a condition of approval completion of
any improvements required pursuant to DCC Chapters 17.36, 17.48, and Title 12. All roads in
partitions shall be dedicated to the public without reservation or restriction, in conformance
with DCC 17.52 except where private roads are allowed by the applicable zoning regulations,
such as in planned or cluster developments.
HISTORY
Adopted by Ord. 81-043 §§1, 5.020 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §23 on 81411993
Amended by Ord. 2004-025 §1 on 1212012004
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.22.040 Application Review
Following submission of an application for a land partition, the application shall be reviewed in
accordance with DCC Title 22.
HISTORY
Adopted by Ord. 81-043 §§1, 5.040 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §24 on 81411993
17.22.050 Protective Covenants and Homeowner Association Agreements
Landowner covenants conditions and restrictions (CC&Rs) and homeowner association agreements are
not relevant to approval of partitions under DCC Title 17, unless such covenants, conditions, and
restrictions and homeowner association agreements carry out conditions of prior County approvals, such
as road maintenance or open space preservation. Any provisions in such agreements not in conformance
with the provisions of DCC Title 17 or applicable zoning ordinances are void.
HISTORY
Adopted by Ord. XX-XXXX §§XX on X/X/XXXX
17.22.100 Special Partition Regulations
The partitioning of a tract of land in which not more than one additional parcel is created, and
transferred to a governmental agency or special district for the purpose of a road, railroad, electric
substation, canal right of way, or irrigation district use, may be approved by the Planning Director
without going through a variance procedure. The new parcel may be smalleriessthan the minimum lot
area4ze in the zone(s) within which it is located, provided it is utilized for one of the above
puFpes A partition application shall be required.
MIG Deschutes County Clear and Objective Code Project 36 of 108
HISTORY
Adopted by Ord. 81-043 §§1, 5.090 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §15 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
CHAPTER 17.24 FINAL PLAT
17.24.010 Applicability
17.24.020 Submission; Extensions
17.24.030 Submission For Phased Development
17.24.040 Form
17.24.050 Requirements Of Survey And Plat
17.24.060 Required Information
17.24.070 Supplemental Information
17.24.080 (Repealed)
17.24.090 Approval By Irrigation Districts
17.24.100 Technical Review
17.24.105 Final Plat Review
17.24.110 Conditions Of Approval
17.24.120 Improvement Agreement
17.24.130 Security
17.24.140 Approval
17.24.150 Recording
17.24.160 Monumenting Certain
Subdivision Corners After Recording Plat
17.24.170 Correction Of Errors
17.24.010 Applicability
A. DCC 17.24 shall apply to approval of plats for subdivisions and MajeF and MORGF partitions within
the County. A final plat is required for all subdivisions and partitions approved by the County.
B. With respect to partitions and subdivisions located within the boundaries of a city that has by
resolution or ordinance directed that the city surveyor serve in lieu of the County Surveyor, DCC
17.24.040, 17.24.150, 17.24.160 and 17.24.170 shall apply.
C. With respect to partitions and subdivisions located within the boundaries of a city that has not
by resolution or ordinance directed its surveyor to serve in lieu of the County Surveyor, DCC
17.24.040, 17.24.100(A), 17.24.150, 17.24.160 and 17.24.170 shall apply.
HISTORY
Adopted by Ord. 90-003 §1 on 11811990
Amended by Ord. 90-016 §2 on 212011990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
MIG Deschutes County Clear and Objective Code Project 37 of 108
17 24 020 Submission; Extensions
A. Filing Time Period Requirements. Except as provided fer in DCC 17.24.030, the applicant shall
prepare and submit to the Rialanning D4epartment a final plat that is in conformance with the
tentative plan approvalas appFeved•. Within two years of the approval date for the tentative plan
for a subdivision or partition, the applicant shall submit an original drawing, a filing feet and any
supplementary information required by DCC Title 17 and the Planning Director or Hearings Body.
If the applicant fails to proceed with such a submission before the expiration of the two-year
period following the approval of the tentative plan, the tentative plan approval shall be void. The
applicant may, however, submit a new tentative plan together with the appropriate filing fee.
B. Extension. An extension may only be granted in conformance with the applicable provisions of
the County Deyel p. + o,-.,,.odw s Grdi.,amrze DCC Title 22.
HISTORY
Adopted by Ord. PL-14 §4.010 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3, 4.005(2) on 1213111981
Amended by Ord. 85-030 §1 on 812111985
Renumbered by Ord. 90-003 §1 on 11811990
Amended by Ord. 95-018 §15 on 412611995
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.030 Submission For Phased Development
A. If a tentative plan is approved for phased development, the final plat for the first phase shall be
filed within two years of the approval date for the tentative plan.
B. The final plats for any subsequent phase shall be filed within three years of the recording date of
the final plat for the first phase.
C. The applicant may request an extension for any final plat under DCC 17.24 in the manner
provided for in DCC 17.24.020(B).
D_If the applicant fails to file a final plat, the tentative plan for those phases shall become d
void.
9-.E. Phases of the plat shall be filed in consecutive order.
HISTORY
Adopted by Ord. 81-043 §§1, 3, 4.010 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
Amended by Ord. 95-018 §16 on 412611995
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.040 Form
The final plat shall be submitted in the form prescribed by state *FORS 92.050, ORS 92.080, and DCC
Title 17.
hpm;;dp hl;;r-k IRdi iRk upen an 19 inGh by 24-inrh sheet The plat shall be made upeR dF #iRg
MIG Deschutes County Clear and Objective Code Project 38 of 108
SuFyeyen All
the eFigimal
9F
shall be OR blarck India-
signatures
44. The
en
be
paFtitien plat
a seale as established by the GOURty
peFmanent
SUFVeyer, and the IetteFing ef the
type plat
dediGatiens,
shall of such
the SUFveyeF
I s GeFtiflGate, and- Ather
shall he ef -;--r-h size eF type
appFevais,
be
legible, but Re
shall reemee neaFeF te aRy edge
efthe sheet than ene ineh. The
as will eleady
paFt
plat
may GentaiR ar,
ems-
many sheet.,;
HISTORY
Adopted by Ord. PL-14 §4.020 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3, 4.015 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §25(A) on 81411993
Amended by Ord. 2020-007 §6 on 1012712020
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.050 Requirements Of Survey And Plat
A. Any final subdivision or partition plat shall meet the survey and monumentation requirements of
ORS 92 except for those requirements of ORS 92.055, which are superseded by DCC
17.24.050(B).
B. Parcels of 10 acres or more created by partition are subject to all survey and monument
requirements.
HISTORY
Adopted by Ord. PL-14 §4.030 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3, 4.020 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §25(AA) on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.060 Required Information
In addition to the informationat required ed by la • b pursuant
to ORS 92, the following information shall be shown on the submitted final plat:
A. Name of subdivision and plat number for a final subdivision plat, or the partition application
number and space for the partition plat number for a final partition plat.
B. Name of owner, applicant, and surveyor.
C. The date, scale, true north arrow, key to symbols, controlling topography such as bluffs, creeks
and other bodies of water, and existing highways and railroads.
D. legal description of the tract boundaries as approved by the County Surveyor pursuant to ORS
92.070(l).
E. The exact location and width of streets and easements intercepting the boundary of the tract.
MIG Deschutes County Clear and Objective Code Project 39 of 108
Tract, lot, or parcel boundary lines and street rights of way and centerlines, with dimensions,
bearing or deflection angles, radii, arcs, points of curvature and tangent bearings,. Alhigh
water linesand Ordinary High Water Mark; as defined in DCC 18.04.030, for any stream, river,
lake, cFee,r-bay-or other body of water. Tract boundaries and street bearings shall be shown to
the nearest second with the basis of bearings. Distances shall be shown to the nearest 0.01 feet.
G. Streets. The width of the streets being dedicated and the curve data shall be based on the street
centerline. In addition to the centerline dimensions, the radius and central angle shall be
indicated, together with the long chord distance and bearing.
H. Easements. The location, dimensions,_ and purpose of all recorded and proposed public
easements shall be shown on the plat along with the County Clerk's recording reference if the
easement has been recorded with the County Clerk. All such easements shall be denoted by fine
learly identified. If an easement is not of record, a statement of the grant of
easement shall be given. If the easement is being dedicated by the plat, it shall be properly
referenced in the owner's certificate of dedication.—
Bieyele and PedeStFian Faeilities. The location, width and type (i.e., Feute, lane OF path) ef all
447I_Lot or Parcel Numbers. Lot or parcel numbers shall beginpiRg with the number one and be
numbered consecutively.
6J. Block Numbers. Block numbers shall not be allowed for any subdivision application submitted for
tentative approval after January 1, 1992, unless such subdivision is a continued phase of a
previously recorded subdivision, bearing the same name, that has previously used block
numbers or letters. The numbers shall begin with the number one and continue consecutively
without omission or duplication throughout the subdivision. The numbers shall be placed so as
not to obliterate any figure. Block numbers in an addition to a subdivision of the same name
shall be a continuation of the numbering in the original subdivision.
M K. Public Lands. Public lands, including strips and easements, shall be clearly marked to
distinguish them from lots or parcels intended for sale.
9-L. Lot Area. The lot area of each lot or parcel, if larger than one acre, to the nearest hundredth of
an acre; and the lot area of each lot or parcel less than one acre, to the nearest square foot.
RM. Statement of Water Rights.
1. Each subdivision or partition plat shall include a statement of water rights on the plat.
The statement shall indicate whether a water right or permit is appurtenant to the
subject property. If a water right is appurtenant, the certificate number must appear
MIG Deschutes County Clear and Objective Code Project 40 of 108
with the statement. If a water permit rather than a perfected water right is appurtenant,
the permit number shall be included on the plat.
2. If a water right is appurtenant, the applicant shall submit a copy of the final plat to the
State Water Resources Department, except for those plats with lots or parcels served by
irrigation districts.
3. All final plats for parcels within an irrigation district shall be signed by an authorized
person from the district.
4 N. Statements. The following statements are required:
1. Land Divider's Declaration.
A. An acknowledged affidavit of the person proposing the land division (declarant)
stating that 4e44as1hey have caused the plat to be prepared in accordance with
the provisions of ORS 92 and dedicating any common improvements, such as
streets, bike paths, and/or walkways, parks and/or open space, sewage disposal
and/or water supply systems, required under DCC 17.24.060 or as a condition of
approval of the tentative plan or plat. The declaration shall also include the
creation of any other public or private easements.
B. If the declarant is not the fee owner of the property, the fee owner and the
vendor under any instrument of sale shall also execute the declaration for the
purpose of consenting to the property being divided and to any dedication or
creation of an easement or other restriction. Likewise, the holder of any
mortgage or trust deed shall also execute the declaration for purposes of
consenting to the property being divided and for the purpose of assenting to any
dedication or creation of an easement or other restriction.
C. In lieu of signing the declaration on the plat, any required signatory to the
declaration other than the declarant may record an acknowledged affidavit
consenting to the declaration and to any dedication or donation of property for
public purposes or creation of an easement or other restriction.
2. A certificate certifying preparation of the plat in conformance with the provisions of
state law signed by the surveyor responsible for the survey and final plat and stamped
with h+stheir seal.
3. Any other affidavit required by state regulations.
R-. O. Signature Lines. Unless otherwise stated herein, signature lines for the following officials
signifying their approval:
1. County Surveyor.
2. Road Department Director.
3. County_ Env*FenmeRtal SeilrOnsite Wastewater Division, unless the property is to be
connected to a municipal sewer system.
MIG Deschutes County Clear and Objective Code Project 41 of 108
4. County Assessor
5. County Tax Collector (subdivisions and paFtitiens-enly).
6. Authorized agent for any irrigation district servicing the subdivision or partition.
7. County Planning Director.
8. One County Commissioner per DCC 17.24.105(C)s.
9. Any other signature required by state regulation.
g:P_The final plat shall contain a statement located directly beneath the signatures of the County
Commissioners stating as follows: "Signature by the Board of Commissioners constitutes
acceptance by the County of any dedication made herein to the public."
HISTORY
Adopted by Ord. PL-14 §4.050 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3, 4.030 on 1213111981
Amended by Ord. 83-039 §6 on 61111983
Renumbered by Ord. 90-003 §1 on 11811990
Amended by Ord. 90-015 §1 on 212111990
Amended by Ord. 93-012 §26 on 81411993
Amended by Ord. 2006-007 §4 on 812912006
Amended by Ord. 2023-001 §1 on 513012023
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.070 Supplemental Information
The following data shall accompany the final plat:
A. Title Report. A subdivision guarantee report or other similar title report issued by a title
insurance company showing the current status of title to the property. Such report shall show
evidence of marketable title.
B. Record of Survey Plat. Sheets and drawings for submission to the County Surveyor containing the
following information:
Traverse data, including the coordinates of the boundary of the subdivision or partition
and ties to section corners and donation land claim corners, and showing the error of
closure. A survey control work sheet may be substituted for this item;
2. The computation of distances, angles, and courses shown on the plat;
3. Ties to existing monuments, proposed monuments, adjacent subdivisions or partitions,
street corners and state highway stationing.
MIG Deschutes County Clear and Objective Code Project 42 of 108
C. Dedications. A copy of any dedication requiring separate documents with specific reference to
parks, playgrounds, etc.
D. Taxes. A list of all taxes and assessments on the tract which have become a lien on the land being
divided.
E. Improvements. When 4-grading, street improvements, sewer or water facilities are required as a
condition of approval of the final plat, pursuant to DCC 17.24.110, the following shall be required
to be submitted with the final plat:
1. Improvement plan, in accordance with DCC 17.40.010;
2. Plans and profiles of sanitary sewers, location of manholes and drainage system;
3. Plan and profiles of the water distribution system, showing pipe sizes and location of
valves and fire hydrants;
4. Specifications for the construction of all utilities;
5. Grading plans and specifications as required for areas other than streets and ways;
6. Planting plans and specifications for street trees and other plantings in public areas;
7. Plans for improvements, design factors or other provisions for fire protection or fire
hazard reduction.
8. A Map showing the location of existing roads in relation to the dedicated right-of-way.
HISTORY
Adopted by Ord. PL-14 §4.060 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3, 4.035 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
Amended by Ord. 2006-007 §4 on 812912006
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.080 (Repealed)
(Renumbered to 17.24.110)
HISTORY
Adopted by Ord. PL-14 §4.080 on 111111979
Repealed & Reenacted by Ord. 81-043 §1, 3, 4.045 on 1213111981
Renumbered by Ord. 90-003 on 11811990
17.24.090 Awroval By Irrigation Districts
A. All plats or replats of subdivisions or partitions located within the boundaries of an irrigation
district, drainage district, water control district, district improvement company, or similar -other
service district having jurisdiction over the property, shall be submitted to the Board of Directors
of the district or company for its approval of such plat or replat of any subdivision or partition.
MIG Deschutes County Clear and Objective Code Project 43 of 108
B. If the applicant is unable to obtain action or approval of any such district or company within 45
days of submission to such district or company, the applicant shall notify the Board in writing,
and thereafter the Board shall serve notice on such district or company by certified mail advising
the district or company that any objections to the plat or replat must be filed with the Board
within 20 days. Failure of the district or company to so respond shall be considered to be an
approval of such plat or replat.
HISTORY
Adopted by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.100 Technical Review
A. Review by Surveyor.
1. The County Surveyor shall, after receipt of such fees provided by law or County
ordinance, review the plat for conformance with the requirements of ORS 92.
2. The County Ssurveyor shall not approve a partition unless 4e4sthey sa#s#eddetermine
that all required monuments on the exterior boundary and all required parcel corner
monuments have been set.
IF- M Mi Tw.T71_MT.T= W .. 0. '=
4.3.Any plat prepared by the County Surveyor in Nstheir private capacity shall be approved
by the County Surveyor of another County in accordance with ORS 92.100(4).
B. Field Check. The Road Department Director, the Planning Director, and the County Surveyor or
their designated representatives may make such checks in the field as are required by law or are
otherwise desirable to verify that the plat is sufficiently correct. They may enter the property for
this purpose.
HISTORY
Adopted by Ord. PL-14 §4.070 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3, 4.040 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §27 on 81411993
Amended by Ord. 2006-007 §4 on 812912006
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.105 Final Plat Review
A. Upon payment by the applicant of any fees required by the County, the Planning Director` -ate
sueh theF G Rty departments as he ;hail de ff4to--Road Department Director, ap,4
Saa4a4a44CInsite Wastewater Supervisor, and County Surveyor shall review the plat and other
data submitted with it to determine whether or not the subdivision or partition his
MIG Deschutes County Clear and Objective Code Project 44 of 108
substantially the same as it appeaFed an the appFeved onforms to the tentative plan and fer
eemplianGecomplies with provisions of DCC Title 17, the tentative plan approval, ORS 92.090,
and other applicable laws.
B. The final plat shall be reviewed under the Development Action procedures of DCC 22.16. If the
Planning Director determines all conditions of approval have been satisfied, the final plat shall be
submitted to the Board for approval.
C. A final plat maybe approved by signature of any Board member.
D. Review and approval under DCC 17.24 shall occur in accordance with DCC 17.24.110.
HISTORY
Adopted by Ord. 93-012 §28 on 81411993
Amended by Ord. 97-045 §1 on 612511997
Amended by Ord. 2010-005 §1 on 312412010
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.110 Conditions Of Approval
A. The Planning Director and Road Department Director shall determine whether or not the plat
conforms with the approved tentative plane DCC Title 17, and ORS 92. If the Planning
Director and/or Road Department Director does not recommend approveal of the plan, they
shall advise the applicant of the changes or additions that must be made, and shall afford 1
the applicantm an opportunity to make corrections. If the Planning Director and Road
Department Director determine that the plat conforms to all requirements and if, in the case of
partitions, they determine that all current taxes and assessments are paid, they shall
recommend approval, provided supplemental documents and provisions for required
improvements are satisfactory. Recommendation of approval of the plat does not constitute final
approval, such authority for final approval being vested with the governing body.
B. No plat of a proposed subdivision or partition shall be approved unless:
1. Streets and roads for public use are to be dedicated without any reservation or
restriction.
2. Streets and roads held for private use and indicated on the tentative plan have been
approved by the County;
3. The plat contains provisions for dedication to the public of all common improvements,
including, but not limited to, streets, roads, parks, sewage disposal and water supply
systems, if made a condition of the approval of the tentative plan;
4. Explanations of all common improvements required as conditions of approval of the
tentative plan shall be recorded and referenced on the final plat.
HISTORY
Adopted by Ord. PL-14 §4.080 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3.050, 3 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
MIG Deschutes County Clear and Objective Code Project 45 of 108
Amended by Ord. 93-012 §29 on 81411993
Amended by Ord. 2018-006 §3 on 1112012018
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.120 Improvement Agreement
A. The subdivider may, in lieu of completion of the required repairs to existing streets and
fae+4+tiesutilities, and improvements as specified in the tentative plan, request the County to
approve an agreement between #use# -themselves and the County specifying the schedule by
which the required improvements and repairs shall be completed; provided, however, any
schedule of improvements and repairs agreed to shall not exceed one year from the date the
final plat is recorded, except as otherwise allowed by DCC 17.24.120(F) below. The agreement
shall also provide the following:
1. A list of all the contractors who will construct or complete the improvements and
repairs;
2. The cost of the improvements and repairs;
3.The County may call upon the security for the construction or completion of the
improvements and repairs, upon failure of the subdivider to adhere to the schedule for
improvements and repairs;
4. T4at rThe County shall recover the full cost and expense of any work performed by or on
behalf of the County to complete construction of the improvements and repairs,
including, but not limited to, attorneys and engineering fees;
S. That aA one-year warranty bond shall be deposited with the County following
acceptance of the improvements and repairs. The bond shall be in the amount of 10
percent of the value of the improvements.
B. Except as provided for in DCC 17.24.120(C), no building permit shall be issued for any lot or
parcel of a platted subdivision or partition until the required improvements are completed and
accepted by the County. One building permit for a dwelling may be allowed for the entire parent
parcel of a subdivision or partition prior to final plat approval, provided there are no other
dwellings on the subject property, all land use approvals have been obtained, and the siting of
the dwelling is not inconsistent with the tentative plat approval.
C. The restrictions of DCC 17.24.120(B) shall not apply to a destination resort approved under DCC
18.113, provided that the required fire protection facilities have been constructed in compliance
with the master plan or tentative plat approval and approved access roads have been completed
to minimal fire code standards. Issuance of building permits under DCC 17.24.120 shall not
preclude the County from calling upon the security at a later date if the roads are not later
completed to the standards required by the approval.
D. The County may reject an agreement authorized by DCC 17.24.120 for any sufficient reason.
E. The applicant shall file with any agreement specified in DCC 17.24.120 a bond or other form of
security provided for in DCC 17.24.130.
MIG Deschutes County Clear and Objective Code Project 46 of 108
F. Required curb improvements within the La Pine UUC may be bonded for up to three (3) years
while the c-County develops a storm water management plan.
HISTORY
Adopted by Ord. 81-043 §§1, 4.050 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §30 on 81411993
Amended by Ord. 97-016 §1 on 311211997
Amended by Ord. 2002-026 §1 on 611912002
Amended by Ord. 2018-006 §3 on 1112012018
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.130 Security
A. Where a bond is required by any provision of DCC 17.24, an applicant may submit:
1. A surety bond executed by a surety company authorized to transact business in the state
in a form approved by the county legal Counsel;
2. Cash deposit with the County; or
3. An unconditional, irrevocable standby letter of credit.
B. Such assurance of full and faithful performance shall be for 120 percent of the cost of
performing the work as determined by the County.
C. If the subdivider fails to carry out the provisions of any agreement secured by any security
provided for in DCC 17.24.130(A), the County shall call upon the bond or cash deposit to finance
any cost and expenses resulting from such failure. If the amount called upon and realized by the
County from the cash deposit or bond exceeds the cost and expense incurred in completing the
improvements and repairs, the County shall release the remainder. If the amount called upon
and realized by the county from the cash deposit and bond is less than the cost and expense
incurred by the County in completing the improvements and repairs, the subdivider shall be
liable to the County for the difference.
HISTORY
Adopted by Ord. 81-043 §§1, 4.055 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
17.24.140 Approval
After the final plat has been checked and approved as provided for in DCC 17.24, and when all signatures
appear thereon except those of the Planning Director and 413oard, the Planning Director shall approve
the final plat and submit it to the Board for final approval.
HISTORY
Adopted by Ord. PL-14 §4.100 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3, 4.060 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
MIG Deschutes County Clear and Objective Code Project 47 of 108
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.150 Recording
A. No plat shall have any force or effect until it has been recorded. No title to property described in
any dedication on the plat shall pass until recording of the plat.
B. The applicant must present the original approved plat at the time of recording. Prior to
submission to the County Clerk of a plat of a County -approved subdivision or partition, the
applicant shall provide a copy of the plat to the Pialanning 24ivision and pay the appropriate
review fee. No plat shall be recorded with the County Clerk unless accompanied by a written
statement from the Planning Division that all requirements have been met.
C. No plat may be recorded unless all city or County approvals required under ORS 92 with respect
to land division and surveying and mapping have been obtained. If the plat or the circumstances
of its presentation do not allow the Clerk to make this determination, the Clerk may make such
inquiry as is necessary to establish that such requirements have been met.
D. No subdivision plat shall be recorded unless all ad valorem taxes and all special assessments,
fees or other charges required by law to be placed upon the tax roll that have become a lien
upon the subdivision or that will become a lien upon the subdivision during the tax year have
been paid.
E. No plat shall be recorded unless it is accompanied by a signed statement of water rights and, if
there are water rights appurtenant to the property being divided, an acknowledgment of receipt
by the Oregon Department of Water Resources of applicant's statement of water rights. This
provision shall not apply if the partition or subdivision plat displays the approval of any special
district referred to in DCC 17.24.090.
F. No plat shall be recorded unless it complies with the provisions of DCC 17.24.040 and ORS 92
regarding form.
G. Following submission of the approved plat and upon payment of such recording fees as
prescribed by the County, the original shall be recorded in the County Clerk's plat records by
scanning and microfilming the plat. The physical copy of the recorded plat shall be released by
the County Clerk to the County Surveyor for filing.
HISTORY
Adopted by Ord. PL-14 §4.110 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 3, 4.065 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §31 on 81411993
Amended by Ord. 2005-044 §1 on 112612006
Amended by Ord. 2006-007 §4 on 812912006
Amended by Ord. 2020-007 §6 on 1012712020
Amended by Ord. 2021-013 §2 on 41512022
Amended by Ord. XX-XXXX §XX on X/X/XXXX
MIG Deschutes County Clear and Objective Code Project 48 of 108
17.24.160 Monumenting Certain
Subdivision Corners After Recording Plat
A. Monumenting certain subdivision corners after recording a plat shall be completed in
accordance with ORS 92.060 ORS 92.065 and ORS 92.070. .
submit to the Gity 9F County SurveyeF suGh as the City aF eounty SuFveyeF shall
F gwiF,ments of QRS 92 n7n«)(ti)
B. Recordation of Affidavit. U44pon approval by the City or County Surveyor, as the case may be, the
monumentation affidavit shall be recorded in the office of the County Clerk.
C. Reference of Monumentation. The County Surveyor shall, in all cases, note the monuments set
and the recorder's information on the plat provided to the County Surveyor and filed in
accordance with DCC 17.24.150.
D. Reference of County Surveyor's Approval. The County Surveyor shall, in all cases, reference 4ir,
their approval on the plat filed in the County Surveyor's records in accordance with DCC
17.24.150.
HISTORY
Adopted by Ord. 90-003 §1, Exhibit on 11811990
Amended by Ord. 2020-007 §6 on 1012712020
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.24.170 Correction Of Errors
A. A plat may be amended to correct errors pursuant to 92.17044.
._
:", �1,t
I.B. The County Surveyor shall, in all cases, note the correction and the recording reference
from the affidavit on the plat filed in the County Surveyor's records in accordance with DCC
17.24.150.
HISTORY
Adopted by Ord. 81-043 §§1, 4.070 on 1213111981
Renumbered by Ord. 90-003 §1 on 11811990
Amended by Ord. 2020-007 §6 on 1012712020
MIG Deschutes County Clear and Objective Code Project 49 of 108
Amended by Ord. XX-XXXX §XX on X/X/XXXX
CHAPTER 17.32 CONDOMINIUM CONVERSION (Repealed)
tegethe. with a PiRg fP-P- ;aMd -;; detailed site plaR, ORGIiGatiRg paFkiRg, IaRGISGapiRg and FeGFeat4eRal areas.
HISTORY
Adopted by Ord. 81-043 §§1, Z030 on 1213111981
Amended by Ord. 2001-016 §2 on 312812001
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
MIG Deschutes County Clear and Objective Code Project 50 of 108
CHAPTER 17.36 DESIGN STANDARDS
17.36.010 Compliance Required
17.36.020 Streets
17.36.030 Division Of Land
17.36.040 Existing Streets
17.36.050 Continuation Of Streets
17.36.060 Minimum Right Of Way And Roadway Width
17.36.070 Future Re -Subdivision
17.36.080 Future Extension Of Streets
17.36.090 (Repealed)
17.36.100 Frontage Roads
17.36.110 Streets Adjacent To Railroads, Freeways And Parkways
17.36.120 Street Names
17.36.130 Sidewalks
17.36.140 Bicycle, Pedestrian And Transit Requirements
17.36.150 Blocks
17.36.160 Easements
17.36.170 Lots; Size And Shape
17.36.180 Road Frontage
17.36.190 Through Lots
17.36.200 Corner Lots
17.36.210 Solar Access Performance
17.36.220 Underground Facilities
17.36.230 Grading Of Building Sites
17.36.240 (Repealed)
17.36.250 Lighting
17.36.260 Fire Hazards
17.36.270 Street Tree Planting
17.36.280 Water And Sewer Lines
17.36.290Individual Wells
17.36.300 Public Water System
17.36.010 Compliance Required
Except as otherwise set forth in a zoning ordinance, all land divisions and roads shall be in compliance
with the design standards set forth in DCC 17.36, andin DCC 17.48, and Title 12.
HISTORY
Adopted by Ord. PL-14 §7.010 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.010 on 1213111981
Amended by Ord. 95-082 §2 on 1211311995
Amended by Ord. XX-XXXX §XX on X/X/XXXX
MIG Deschutes County Clear and Objective Code Project 51 of 108
17.36.020 Streets
A. The location, width and grade of streets shall be considered in their relation to existing and
planned streets, topographical conditions, public convenience and safety, and the proposed use
of land to be served by the streets. The street system shall assure an adequate traffic circulation
system for all modes of transportation, including pedestrians, bicycles and automobiles, with
intersection angles, grades, tangents and curves appropriate for the traffic to be carried,
considering the terrain. The subdivision or partition shall provide for the continuation of the
principal streets existing in the adjoining subdivision or partition or of their property projection
when adjoining property which is not subdivided, and such streets shall be of a width not less
than the minimum requirements for streets set forth in DCC 17.36.
B. Streets in subdivisions and partitions shall be dedicated to the public, unless located in a
destination resort, planned community or planned or cluster development, where roads can be
privately owned. Planned developments shall include public streets where necessary to
accommodate present and future through traffic.
HISTORY
Adopted by Ord. PL-14 §7.020 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.015(1) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §31(A) on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.030 Division Of Land
Any proposal for a condominium conversion which results in a division of real property shall comply with
the provisions of DCC Title 17 and ORS 92.
HISTORY
Adopted by Ord. 81-043 §§1, 6.015(10) on 1213111981
Amended by Ord. 93-012 §32 on 81411993
17.36.040 Existing Streets
A. General/Discretionary Standards: Whenever existing streets, adjacent to or within a tract, are of
inadequate width to accommodate the increase in traffic expected from the subdivision or
partition or by the County roadway network plan, additional rights of way shall be provided at
the time of the land division by the applicant. During consideration of the tentative plan for the
subdivision or partition, the Planning Director or Hearings Body, together with the Road
Department Director, shall determine whether improvements to existing streets adjacent to or
within the tract, are required. If so determined, such improvements shall be required as a
condition of approval for the tentative plan. Improvements to adjacent streets shall be required
where traffic on such streets will be directly affected by the proposed subdivision or partition.
B. Clear and Obiective Standards:
MIG Deschutes County Clear and Objective Code Project 52 of 108
1. Wherever existing streets are within, adjacent to, or provide access to a property
proposed for subdivision or partition, those existing streets must be improved to the
standards of DCC 17.48 and Title 12.
2. During consideration of the tentative plan for the subdivision or partition, the Planning
Director or Hearings Body shall determine whether improvements to existing streets
adjacent to or within the tract are necessary to meet the DCC 17.48, and Title 12
standards. If so determined, such improvements shall be required as a condition of
approval for the tentative plan.
3. Improvements to streets outside of the subdivision or partition shall be required where
the traffic impact study, if required by DCC 17.16.030(C)(16), indicates that traffic on
such streets will be impacted by the proposed subdivision or partition.
HISTORY
Adopted by Ord. PL-14 §7.020(4) on 111111979
Repealed & Reenacted by Ord. 81-043 5§1, 6.015(3) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §33 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.050 Continuation Of Streets
Subdivision or partition streets which constitute the continuation of streets in contiguous territory shall
be aligned so that their centerlines coincide.
HISTORY
Adopted by Ord. 81-043 §§1, 6.015(9) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
17.36.060 Minimum Right Of Way And Roadway Width
The street right of way and roadway surfacing widths shall be in conformance with standards and
specifications set forth in DCC 17.48, and Title 12. Where DCC 17.48, and Title 12 refers to street
standards found in a zoning ordinance, the standards in the zoning ordinance shall prevail.
HISTORY
Adopted by Ord. PL-14 §7.020(5) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.015(1) on 1213111981
Amended by Ord. 97-005 §2 on 61411997
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.070 Future Re -Subdivision
A. General/Discretionary Standards: Where a *r^0 ^fis dlyod^ 'partition or subdivision will
create iRte-lots or parcels with a lot area of an acre or more, the Planning Director or Hearings
Body may require an arrangement of lots or parcels and streets such as to permit future re -
subdivision in conformity to the street requirements and other requirements contained in DCC
Title 17.
MIG Deschutes County Clear and Objective Code Project 53 of 108
A-.B.Clear and Obiective Standards: Where a partition or subdivision will create individual lots or
parcels with a lot area greater than or equal to two times the minimum lot area of the
underlying zone(s), such lots or parcels shall have a lot area and lot width which will allow for
their future partitioning or subdividing. The applicant shall demonstrate such lots or parcels
could be further divided or replatted in the future to create lots or parcels that conform to the
lot area and dimensional standards of DCC Title 18 through 21, and facilitate streets and blocks
in conformance with DCC 17.36 17.48 and Title 12.
HISTORY
Adopted by Ord. PL-14 §7.020(3) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.015(2) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.080 Future Extension Of Streets
A. General/Discretionary Standards: When necessary to give access to or permit a satisfactory
future division of adjoining land, streets shall be extended to the boundary of the subdivision or
partition.
B. Clear and Obiective Standards: When a proposed partition or subdivision abuts land capable of
being divided in compliance with the current minimum lot area acreages, but the abutting land
does not have sufficient road access to accommodate a land division, road right-of-way shall be
dedicated to the public through the proposed partition or subdivision, sufficient to permit future
division of that land under Title 17.
HISTORY
Adopted by Ord. PL-14 §7.020(7) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.015(6) on 1213111981
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.090 (Repealed)
HISTORY
Repealed by Ord. 93-012 §34 on 81411993
17.36.100 Frontage Roads
If a land division abuts or contains an existing or proposed collector or arterial street, the Planning
Director or Hearings Body may require frontage roads, reverse frontage lots or parcels with suitable
depth, screen planting contained 'i^ a Ran ^Gress rese.p.x tie along the rear or side property line, or
other treatment necessary for adequate protection of residential properties and to afford separation of
through and local traffic. All frontage roads shall comply with the applicable standards of Table,A Af DCC
Title 17, and Title 12 unless specifications included in a particular zone provide other standards
applicable to frontage roads.
HISTORY
Adopted by Ord. PL-14 §7.020(12) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.015(7) on 1213111981
MIG Deschutes County Clear and Objective Code Project 54 of 108
Amended by Ord. 93-012 §35 on 81411993
Amended by Ord. 93-057 §1 on 1111011993
Amended by Ord. 97-005 §3 on 61411997
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.110 Streets Adjacent To Railroads, Freeways And Parkways
When the area to be divided adjoins or contains a railroad, freeway or parkway, provision may be
required for a street approximately parallel to and on each side of such right of way at a distance suitable
for use of the land between the street and railroad, freeway or parkway. In the case of a railroad, there
shall be a land strip of not less than 25 feet in width adjacent and along the railroad right of way and
residential property. If the intervening property between such parallel streets and a freeway or a
parkway is less than 80 feet in width, such intervening property shall be dedicated to park or
thoroughfare use. The intersections of such parallel streets, where they intersect with streets that cross
a railroad, shall be determined with due consideration at cross streets of a minimum distance required
for approach grades to a future grade separation and right of way widths of the cross street.
HISTORY
Adopted by Ord. PL-14 §7.020(11) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.015(8) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
17.36.120 Street Names
Except for extensions of existing streets, street names shall comply with the standards of DCC 16.16.030,
Procedures For Naming New Roads and shall require approval from the County Property Address
Coordinator.
existing stFeet iR a neaFby city E)F on the Caunty. StFeet names and nurnhher's shall GenfGFM tE)
HISTORY
Adopted by Ord. PL-14 §7.020(10) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.015(11) on 1213111981
Amended by Ord. 93-012 §36 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.130 Sidewalks
A. Within aA WFbaR gFGWth beuRdaFyareas subject to City Joint Management Agreements,
sidewalks shall be installed on both sides of a public road or street and in any special pedestrian
way within the subdivision or partition, and along any collectors and arterials improved in
accordance with the subdivision or partition approval.
MIG Deschutes County Clear and Objective Code Project 55 of 108
B. When sidewalks are required based on the road standards provided in DCC
17.48, and Title 12, sidewalks shall be required along frontage roads only on the side of the
frontage road abutting the development.
C. Sidewalk requirements for areas outside of urban areas are set forth in DCC 17.48.175. In the
absence of a special requirement set forth by the Road Department Director under DCC
17.48.030, sidewalks and curbs are never required in rural areas outside unincorporated
communities as that term is defined in DCC Title 18.
HISTORY
Adopted by Ord. PL-14 §8.030(5) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.015(12) on 1213111981
Amended by Ord. 88-015 §3 on 511811988
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §37 on 81411993
Amended by Ord. 96-003 §11 on 312711996
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.140 Bicycle, Pedestrian And Transit Requirements
Pedestrian and Bicycle Circulation within Subdivision.
A. Tentative Plan.
A-.1.Genera l/Discretionary Standards: The tentative plan for a proposed subdivision shall
provide for bicycle and pedestrian routes; facilities and improvements within the
subdivision and to nearby existing or planned neighborhood activity centers, such as
schools, shopping areas and parks in a manner that will:
4.a. Minimize such interference from automobile traffic that would discourage
pedestrian or cycle travel for short trips;
fib. Provide a direct route of travel between destinations within the subdivision and
existing or planned neighborhood activity centers, and
c_Otherwise meet the needs of cyclists and pedestrians, considering the
destination and length of trip.
2. Clear and Objective Standards: The tentative plan for a proposed subdivision shall
provide multi -use paths within the subdivision.
a. These multi -use paths shall be:
1. Two-way facilities with a standard width of 10 feet. These paths shall
meet County multi -use path standards in DCC 17.48, and Title 12, and
shall provide connections to:
a. Each lot in the subdivision;
MIG Deschutes County Clear and Objective Code Project 56 of 108
b. Multi -use path facilities, located on the subject property,
designed to facilitate access to existing or planned
neighborhood activity centers, such as schools, shopping areas,
and parks, within one-half mile of the subdivision; and
c. Public roads adjacent to the subdivision.
2. Subject to maintenance responsibility assigned to landowners or
homeowners associations by covenant or agreement pursuant to ORS
105.
A-.B.Subdivision layout.
1. Cul-de-sacs.
a. General/Discretionary Standard: Cul-de-sacs or dead-end streets shall be
allowed only where, due to topographical or environmental constraints, the size
and shape of the parcel, or a lack of through -street connections in the area, a
street connection is determined by the Planning Director or Hearings Body to be
infeasible or inappropriate. In such instances, where applicable and feasible,
there shall be a bicycle and pedestrian connection connecting the ends of cul-
de-sacs to streets or neighborhood activity centers on the opposite side of the
block.
a-b. Clear and Obiective Standard: Cul-de-sacs or dead-end streets shall be allowed
only where it is not feasible to construct a street connection that does not
exceed the maximum grade allowed by DCC 17.48, and Title 12. In such
instances, there shall be a bicycle and pedestrian connection connecting the
ends of cul-de-sacs to streets or neighborhood activity centers on the opposite
side of the block.
4-2. Bicycle and pedestrian connections between streets shall be provided at mid -block
where the addition of a connection would reduce the walking or cycling distance to an
existing or planned neighborhood activity center by 400 feet and by at least 50 percent
over other available routes.
-2-3. Local roads shall align and connect with themselves across collectors and arterials.
Connections to existing or planned streets and undeveloped properties shall be provided
at no greater than 400-foot intervals.
34. Connections shall not be more than 400 feet long_ -nd- `"a" be -< straight as passible
9-.C.Facilities and Improvements.
Bikeways tray -shall be provided by either a separate paved path or an on -street bike
lane, consistent with the requirements of DCC T#1e-17.48.140, and Title 12.
2. Pedestrian access -shall be provided by sidewalks or a separate paved path,
consistent with the requirements of DCC T4de-17.36.130 and applicable standards in DCC
17.48, and Title 12.
MIG Deschutes County Clear and Objective Code Project 57 of 108
Connections shall have a 20-foot right of way, with at least -a 1-0- fe-e-t us -able S"~faee and
shall meet the applicable dimensional standards of DCC 17.48, and Title 12.
HISTORY
Adopted by Ord. PL-14 §7.030(3)(C) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.015(13) on 1213111981
Amended by Ord. 93-012 §38 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.150 Blocks
A. General. The length, width, and shape of blocks shall accommodate the need for adequate
building site size, street width, and direct travel routes for pedestrians and cyclists through the
subdivision and to nearby neighborhood activity centers, and shall be compatible with the
limitations of the topography.
B. Size. Within an urban growth boundary, no block shall be longer than 1,200 feet between street
centerlines. In blocks over 800 feet in length, there shall be a cross connection consistent with
the provisions of DCC 17.36.140.
HISTORY
Adopted by Ord. PL-14 §7.030 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.020(1) and (2) on 1213111981
Amended by Ord. 93-012 §38(A) on 81411993
Amended by Ord. 95-082 §3 on 1211311995
17.36.160 Easements
A. Utility Easements. Easements shall be provided along property lines when necessary for the
placement of overhead or underground utilities, and to provide the subdivision or partition with
electric power, communication facilities, street lighting, sewer lines, water lines, gas lines or
drainage. Such easements shall be labeled "Public Utility Easement" on the tentative and final
plat; they shall be at least 12 feet in width and centered on lot lines wheFe possible, except
utility pole guyline easements along the rear of lots or parcels adjacent to unsubdivided land
may be reduced to 10 feet in width.
B. Drainage. If a tract is traversed by a watercourse such as a drainageway, channel or stream, there
shall be provided a stormwater easement or drainage right of way conforming substantially with
the lines of the watercourse, or in such further width as will be adequate for the purpose.
ay be FequiFed.
HISTORY
Adopted by Ord. PL-14 §7.030(3) on 111111979
Repealed & Reenacted by Ord. 81-043 §1, 6.020(3) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
MIG Deschutes County Clear and Objective Code Project 58 of 108
17.36.170 Lots; Size And Shape
A. General/Discretionary Standards: The lot areasite, lot width, and orientation of lots or parcels
shall be appropriate for the location of the land division and for the proposed type of
development and used seRtemplaied and shall be consistent with the lot area requirements of
the underlying zone(s) pursuant to er parcel size prgyisieRs of DCC Title 18 through 21, with the
following exceptions:
If proposed lots or parcels areln aFees not to be served by a publie community sewer
system , the minimum lot area* and paFeel sizes shall ensured compliance with the
requirements of the Department of Environmental Quality and the County Onsite
Wastewater SupervisorSa itaria , and shall be sufficient to permit adequate onsite
sewage disposal. Any problems posed by soil structure and water table and related to
sewage disposal by septic tank shall be addressed and resolved in the applicant's initial
plan.
Where property is zoned and planned for business or industrial use, other lot widths and
lot areas may be permitted by the Planning Director or Hearings Body. Depth he lot
width of properties reserved or laid out for commercial and industrial purposes shall be
adequate to provide for the off-street service and parking facilities required by the
proposed type of used and development dated.
B. Clear and Objective Standards:
1. A Professional Engineer registered in the State of Oregon shall confirm in writing thatf
the lot area lot width, and orientation of lots or parcels shall be appropriate for the
location of the land division and for the proposed type of development and use(s); and
2. The County Onsite Wastewater Supervisor shall confirm in writing, in areas not to be
served by a public sewer system, the proposed lot areas will be sufficient to permit
adequate onsite sewage disposal in compliance with the requirements of the
Department of Environmental Quality.
HISTORY
Adopted by Ord. PL-14 §7.040(1) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.025 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.180 Road Frontage
A. General/Discretionary Standards: Each lot or parcel shall abut upon a public road, or when
located in a planned development or cluster development, a private road, for at least 50 feet,
except for lots or parcels fronting on the bulb of a cul-de-sac, then the minimum frontage shall
be 30 feet, and except for partitions off of U.S. Forest Service or Bureau of Land Management
MIG Deschutes County Clear and Objective Code Project 59 of 108
roads. Frontage for partitions off U.S. Forest Service or Bureau of Land Management roads shall
be decided on a case by case basis based on the location of the property, the condition of the
road, and the orientation of the proposed parcels, but shall be at least 20 feet. In the La Pine
Neighborhood Planning Area Residential Center District, lot widths may be less than 50 feet in
width, as specified in DCC 18.61, Table 2: La Pine Neighborhood Planning Area Zoning Standards.
Road frontage standards in destination resorts shall be subject to review in the conceptual
master plan.
B. Clear and Objective Standards: Each lot or parcel shall abut upon a public road, or when located
in a planned development or cluster development, a private road, and have at least 50 feet of
road frontage.
4�-.C.AII side lot lines shall be at right angles to street lines or radial to curved streets. wherever
pFaEtiGal.
HISTORY
Adopted by Ord. PL-14 §1.010(33)(H) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.030(1) and (2) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §39 on 81411993
Amended by Ord. 2003-029 §1 on 912412003
Amended by Ord. 2004-025 §2 on 1212012004
Amended by Ord. 2006-007 §5 on 812912006
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.190 Through Lots
A. General/Discretionary Standards: Lots or parcels with double road frontage should be avoided
except where they are essential to provide separation of residential development from major
street or adjacent nonresidential activities to overcome specific disadvantages of topography
and orientation. A planting screen easement of at least 10 feet in width and across which there
shall be no right of access may be required along the front lot lines of lots or parcels abutting
such a traffic artery or other incompatible use.
A-.B.Clear and Objective Standards: Lots or parcels with double road frontage shall be prohibited
except where necessary to avoid creation of residential lots or parcels with road frontage on
collector or arterial streets. A planting screen easement of at least 10 feet in width and across
which there shall be no right of access shall be required along the front lot lines of lots or parcels
abutting a collector or arterial.
HISTORY
Adopted by Ord. PL-14 §§1.010(33)(H), 7.040(3) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.030(3) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
MIG Deschutes County Clear and Objective Code Project 60 of 108
17.36.200 Corner Lots
Within an urban growth boundary, corner lots or parcels shall be a minimum of five feet more in width
than other lots or parcels, and also shall have sufficient extra width to meet the additional side yard
requirements of the zoning district in which they are located.
HISTORY
Adopted by Ord. PL-14 §1.010(33)(B) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.030(4) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
17.36.210 Solar Access Performance
A. General/Discretionary Standards:
1. As much solar access as feasible shall be provided each lot or parcel in every new
subdivision or partition, considering topography, development pattern and existing
vegetation. The lot lines of lots or parcels, as far as feasible, shall be oriented to provide
solar access at ground level at the southern building line two hours before and after the
solar zenith from September 22nd to March 21st. If it is not feasible to provide solar
access to the southern building line, then solar access, if feasible, shall be provided at 10
feet above ground level at the southern building line two hours before and after the
solar zenith from September 22nd to March 21st, and three hours before and after the
solar zenith from March 22nd to September 21st.
2. This solar access shall be protected by solar height restrictions on burdened properties
for the benefit of lots or parcels receiving the solar access.
3_If the solar access for any lot or parcel, either at the southern building line or at 10 feet
above the southern building line, required by this performance standard is not feasible,
supporting information must be filed with the application.
A-B Clear and Objective Standards: A Professional Engineer registered in the State of Oregon shall
confirm in writing the solar access for residential development will be feasible in accordance
with DCC 18.116.170, 18.116.180 19.88.210 and 19.88.220.
HISTORY
Adopted by Ord. PL-14 §7.040(6) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.030(5) on 1213111981
Amended by Ord. 83-039 §7 on 61111983
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.220 Underground Facilities
A. General/Discretionary Standards: Within an urban growth boundary, all permanent utility
services to lots or parcels in a subdivision or partition shall be provided from underground
facilities; provided, however, the Hearings Body may allow overhead utilities if the surrounding
area is already served by overhead utilities and the proposed subdivision or partition would
MIG Deschutes County Clear and Objective Code Project 61 of 108
create less than 10 lots. The subdivision or partition shall be responsible for complying with
requirements of DCC 17.36.220, and shall:
A 1.Obtain a permit from the Road Department for placement of all underground utilities.
43-2.Make all necessary arrangements with the utility companies and other persons or
corporations affected by the installation of such underground utilities in accordance with
the rules and regulations of the State Public Utility Commission.
3_All underground utilities, sanitary sewers and storm drains installed in streets shall be
constructed prior to the surfacing of such streets to the extent practicable, and sanitary
sewers shall be placed to such length as will obviate the necessity for disturbing the
street improvements when service connections are made.
B. Clear and Objective Standards: Within an urban growth boundary, all permanent utility services
to lots or parcels in a subdivision or partition shall be provided from underground facilities. The
subdivision or partition shall :
1. Obtain a permit from the Road Department for placement of all underground utilities;
2. Make all necessary arrangements with the utility companies and other persons or
corporations affected by the installation of such underground utilities in accordance with
the rules and regulations of the State Public Utility Commission; and
4.3. Construct all underground utilities, sanitary sewers and storm drains installed in streets
prior to the surfacing of such streets and sanitary sewers shall be placed to such length
as will obviate the necessity for disturbing the street improvements when service
connections are made.
HISTORY
Adopted by Ord. PL-14 §7.120 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.030(6) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 2006-007 §5 on 812912006
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.230 Grading Of Building Sites
Grading of building sites shall conform to the following standards, unless physic;al
al A. strate the p erty e f ether Standards -
A. General/Discretionary Standards: Unless a variance is approved under DCC 17.56:
A:1.Cut slope ratios shall not exceed one foot vertically to one and one-half feet horizontally.
&2. Fill slope ratios shall not exceed one foot vertically to two feet horizontally.
Q3.The composition of soil for fill and the characteristics of lots and parcels made usable by
fill shall be suitable for the purpose intended.
MIG Deschutes County Clear and Objective Code Project 62 of 108
0-.4.When filling or grading is eentemplated proposed by the subdivider, 4ethey shall submit
plans showing existing and finished grades for the approval of the Community
Development Director. In reviewing these plans, the Community Development Director
shall consider the need for drainage and effect of filling on adjacent property. Grading
shall be finished in such a manner as not to create steep banks or unsightly areas to
adjacent property.
B. Clear and Obiective Standards:
1. Cut slope ratios shall not exceed one foot vertically to one and one-half feet horizontally.
2. Fill slope ratios shall not exceed one foot vertically to two feet horizontally.
3. A Professional Engineer registered in the State of Oregon shall confirm in writing them
fill and grading will meet the requirements of the Oregon Structural Specialty Code,
Oregon Residential Specialty Code, and Central Oregon Stormwater Manual pertaining
to grading fill slope stability, drainage, compaction and erosion control, as applicable.
HISTORY
Adopted by Ord. PL-14 §7.050 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6,040 on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.240 (Repealed)
HISTORY
Repealed by Ord. 93-012 on 81411993
17.36.250 Lighting
Within an urban growth boundary, the subdivider shall provide underground wiring to the County
standards of the Oregon Electrical Specialty Code, and a base for any proposed ornamental street lights
at locations approved by the affected utility company.
HISTORY
Adopted by Ord. PL-14 §8.030(8) and (9) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.035(1) on 1213111981
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.260 Fire Hazards
A. General/Discretionary Standard: Whenever possible, a minimum of two points of access to the
subdivision or partition shall be provided to provide assured access for emergency vehicles and
ease F^� a 4-2 ug ant evacuation.
B. Clear and Obiective Standard: A minimum of two points of access to the subdivision or partition
shall be provided to provide assured access for emergency vehicles and ease occupant
evacuation.
MIG Deschutes County Clear and Objective Code Project 63 of 108
HISTORY
Adopted by Ord. PL-14 §7.130 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.035(2) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.270 Street Tree Planting
A. General/Discretionary Standard: Street tree planting plans, if proposed, for a subdivision or
partition, shall be submitted to the Planning Director and receive fi+s-approval before the
planting is begun.
B. Clear and Objective Standard: Street tree planting is not permitted.
HISTORY
Adopted by Ord. 81-043 §§1, 6.035(3) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.36.280 Water And Sewer Lines
Where required by the applicable zoning ordinance, water and sewer lines shall be constructed to
County and city standards and specifications. Required water mains and service lines shall be installed
prior to the curbing and paving of new streets in all new subdivisions or partitions.
HISTORY
Adopted by Ord. PL-14 §8.030(3) and (4) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.035(4) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §41 on 81411993
17.36.290 Individual Wells
in any subdivision or partition where individual wells are proposed, the applicant shall provide
documentation of the depth and quantity of potable water available from a minimum of two wells
within one mile of the proposed land division. Notwithstanding DCC 17.36.300, individual wells for
subdivisions are allowed when parcels are larger than 10 acres.
HISTORY
Adopted by Ord. PL-14 §7.100(1) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.035(4) on 1213111981
Amended by Ord. 93-012 §42 on 81411993
17.36.300 Public Water System
In any subdivision or partition where a public water system is required or proposed, plans for the water
system shall be submitted and approved by the appFepFiate s*^*p nr fpdpr;;' ^^^� Oregon Health
Authority. A c-eFAFPu*ty up blic water system shall be required where proposed lot areas
are less t4epthan one acre or where potable water sources are at depths greater than 500 feet,
excepting land partitions. Except as provided for in DCC 17.24.120 and 17.24.130, a required water
MIG Deschutes County Clear and Objective Code Project 64 of 108
system shall be constructed and operational, with water lines extended to the lot line of each and every
lot or parcel depicted in the proposed subdivision or partition plat, prior to final approval.
HISTORY
Adopted by Ord. PL-14 §7.100(2) and (3) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.035(6) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
Amended by Ord. 93-012 §43 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
CHAPTER 17.40 IMPROVEMENTS
Y
17.40.010 Conformance Required
17.40.020 Plan Review And Approval
17.40.030 Improvement Plans; Filing
17.40.040 Inspection And Approval
17.40.050 Public Improvements; Submittal Of Plans
17.40.060 Partitions
17.40.070 Acceptance After Inspection
17.40.010 Conformance Required
In addition to other requirements, improvements to be installed by the applicant, either as a
requirement of DCC Title 17 or other applicable regulations or at this own option, shall conform to the
requirements of DCC 17.40.
HISTORY
Adopted by Ord. PL-14 §8.010 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.050 on 1213111981
17.40.020 Plan Review And Approval
Improvement work shall not be started until plans therefor have been reviewed and approved by the
Road Department Director. To the extent necessary for evaluation of a proposed development, such
improvement plans may be required before approval of the tentative plan.
HISTORY
Adopted by Ord. PL-14 §8.010(1) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.050(1) on 1213111981
Amended by Ord. 90-003 §1 on 11811990
17.40.030 Improvement Plans; Filing
Improvements shall be designed, installed and constructed as platted and approved, and plans therefor
shall be filed with the final plat at the time of recordation or upon completion.
MIG Deschutes County Clear and Objective Code Project 65 of 108
H i STO RY
Adopted by Ord. PL-14 §8.010(2) on 111111979
Repealed & Reenacted by Ord. 81-043 §1, 6.050(2) on 1213111981
17.40.040 Inspection And Approval
Improvements shall be constructed under the inspection of a registered Professional Engineer, expenses
incurred by the applicant, and with final written approval from the Road Department Director that the
improvements were constructed as required. The Dead DepaFt. ent DiFeeteF Fnay accept e-er r-atien 9
by the appliGant.
HISTORY
Adopted by Ord. PL-14 §8.010(3) on 111111979
Repealed & Reenacted by Ord. 81-043 §1, 6.050(3) on 1213111981
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.40.050 Public Improvements; Submittal Of Plans
A map showing public improvements shall be filed with the Road Department upon completion of the
improvements.
HISTORY
Adopted by Ord. PL-14 §8.010(5) on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.050(4) on 1213111981
17.40.060 Partitions
The same improvements may be required to be installed to serve each building site of a partition as are
required of a subdivision.
HISTORY
Adopted by Ord. PL-14 §8.040 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.055 on 1213111981
17.40.070 Acceptance After Inspection
Improvements shall be considered for acceptance after inspection at the time the improvements are
constructed.
HISTORY
Adopted by Ord. PL-14 §8.060 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 6.060 on 1213111981
CHAPTER 17.44 PARK DEVELOPMENT
17.44.010 Dedication Of Land: General/Discretionary Standards
17.44.015 Dedication Of Land: Clear and Objective Standards
17.44.020 Fee In Lieu Of Dedication
MIG Deschutes County Clear and Objective Code Project 66 of 108
17.44.030 Annexation Agreement
17.44.010 Dedication Of Land: General/Discretionary Standards
A. For subdivisions or partitions inside an urban growth boundary, the developer shall set aside and
dedicate to the public for park and recreation purposes not less than eight percent of the gross
area of such development, if the land is suitable and adaptable for such purposes and is
generally located in an area planned for parks.
For subdivisions or partitions outside of an urban growth boundary, the developer shall set aside
a minimum area of the development equal to $350 per dwelling unit within the development, if
the land is suitable and adaptable for such purposes and is generally located in an area planned
for parks.
C. For either DCC 17.44.010 (A) or (B), the developer shall either dedicate the land set aside to the
public or develop and provide maintenance for the land set aside as a private park open to the
public.
D. The Planning Director or Hearings Body shall determine whether or not such land is suitable for
park purposes.
E. If the developer dedicates the land set aside in accordance with DCC 17.44.010 (A) or (B), any
approval by the Planning Director or Hearings Body shall be subject to the condition that the
County or appropriate park district accept the deed dedicating such land.
F. DCC 17.44.010 shall not apply to the subdivision or partition of lands located within the
boundaries of a parks district with a permanent tax rate.
HISTORY
Adopted by Ord. 81-043 §§1, 6.080 on 1213111981
Amended by Ord. 93-012 §§45 and 46 on 81411993
Amended by Ord. 93-054 §2 on 1211511993
Amended by Ord. 95-010 §2 on 31111995
Amended by Ord. 97-075 §1 on 1213111997
Amended by Ord. 2003-076 §1 on 71912003
Amended by Ord. 2012-008 §2 on 51212012
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.44.015 Dedication Of Land: Clear and Objective Standards
The developer shall:
A Set aside and dedicate to the public for park and recreation purposes not less than eight percent
of the gross area of such development;; and
B. Shall either dedicate the land set aside to the public, provided an applicable park district agrees
in writing to accept the deed to the land proposed to be dedicated to the public, or develop and
provide maintenance for the land set aside as a private park open to the public.
MIG Deschutes County Clear and Objective Code Project 67 of 108
HISTORY
Adopted by Ord. XX-XXXX §X on X/X/XXXX
17.44.020 Fee In Lieu Of Dedication
A. In the event there is no suitable park or recreation area or site in the proposed subdivision or
partition, or adjacent thereto, then the developer shall, in lieu of setting aside land, pay into a
park acquisition and development fund a sum of money equal to the fair market value of the
land that would have been donated under DCC 17.44.010 above. For the purpose of determining
the fair market value, the latest value of the land, unplatted and without improvements, as
shown on the County Assessor's tax roll shall be used. The sum of money SG -contributed shall be
deposited with the County Treasurer and be used for acquisition of suitable area for park and
recreation purposes or for the development of recreation facilities. Such expenditures shall be
made for neighborhood or community facilities at the discretion of the Board and/or applicable
park district.
B. DCC 17.44.020 shall not apply to subdivision or partition of lands located within the boundaries
of a parks district with a permanent tax rate.
HISTORY
Adopted by Ord. 81-043 §§1, 6.080 on 1213111981
Amended by Ord. 93-012 §§45 and 46 on 81411993
Amended by Ord. 93-054 §2 on 1211511993
Amended by Ord. 95-010 §2 on 31111995
Amended by Ord. 97-075 51 on 1213111997
Amended by Ord. 2012-008 §2 on 51212012
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.44.030 Annexation Agreement
No partition or subdivision of land lying within the Bend Urban Growth Boundary, including the urban
reserve areas, but outside the boundaries of the Bend Metro Park and Recreation District, shall be
approved unless the landowner has signed an annexation agreement with the Bend Metro Ppark and
Recreation District.
HISTORY
Adopted by Ord. 97-075 §2 on 1213111997
Amended by Ord. XX-XXXX §XX on X/X/XXXX
CHAPTER 17.48nrcicni ARID CONST-R CTION SPEC! FIC TKW ROAD DEVELOPMENT STANDARDS
17.48.010 Minimum Standards Established
17.48.020 Implementation Of Requirements
17.48.040 Approval Of Variations
1:7 nQ 050 Dead Desi
149 960 lFAPF9,,or-,e4 ours
MIG Deschutes County Clear and Objective Code Project 68 of 108
17.48.160 Road Development Requirements; Generals
17.48.165 Road Development Requirements; Subdivisions
17.48.170 Road Development Requirements; Partitions
17.48.180 P4vat@4Rea4&Road Development Requirements; Destination Resorts, Planned Unit
Developments and Cluster Developments
i:7 n4 ton
17 n4 2nn c,,..,,.,',,,
MIG Deschutes County Clear and Objective Code Project 69 of 108
17.48.010 Minimum Standards Established
ExGep+ as „+heFwise Pet@, In addition to the standards speGifiGatiens.for design and construction
contained within DCC 37.4812.25 and standard drawings as determined by the Road Department
Director, the requirements of DCC 17.48 are the minimum standards governing construction of roads and
other improvements and facilities- associated with land development, including subdivisions and
partitions.
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.010 on 1213111981
Amended by Ord. 95-082 §4 on 1211311995
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.48.020 Implementation Of Requirements
A. It is the duty of the Road Department Director ("Director"), or the Director's authorized
representative, to implement the provisions and requirements of these standards in such a way
as to carry out their intent and purpose.
B. For purposes of this chapter, all references to "Road Department Director" shall include the
n•rera„r's h9Fi ed r e tativeCounty Engineer.
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.015 on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 on 113012012
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.48.030 Additional Design Requirements (Renumbered)
(Renumbered to 12.25.030)
to pFeteet the inteFests of the public--.
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.020 on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
NAIG Deschutes County Clear and Objective Code Project 70 of 108
17.48.040 Approval Of Variations
A. As part of a discretionary land use application, Tthe Planning Director or Hearings Body may
approve proposed variations in the improvement standards of up to 10 percent of the standards
of DCC T;tIe 1712.25 at the time a tentative plat application is reviewed without the need for a
variance to the standards provided the Planning Director or Hearings Body finds, after
consultation with the County Road Department Director, that:
1. There is no adverse impact to the public in allowing the variations;
2. The variation promotes the intent and purposes of the ordinances; and
3. There are practical difficulties that will create an unreasonable construction expense
that will not result in a significant public benefit.
If a request for a variance from the standards is made after approval of a tentative plat and
before the final plat, the applicant shall file a separate variance application, to be reviewed
under the criteria set forth in DCC 17.48.040(A).
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.700 on 1213111981
Amended by Ord. 93-012 §47 on 81411993
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.48.050 Road Design (Renumbered)
(Renumbered to 12.25.100)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(1) on 1213111981
Amended by Ord. 93-012 §48 on 81411993
Amended by Ord. 93-057 §1 on 1111011993
Amended by Ord. 95-082 §5 on 1211311995
Amended by Ord. 97-005 §4 on 61411997
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
MIG Deschutes County Clear and Objective Code Project 71 of 108
17.48.060 Improvement Plans (Renumbered)
(Renumbered to 12.25.105)
all eurves, n
la. DipAeRsiening
r y to suFyey
r,.d releeate the Fee
d..,a.,
Right of
way lines as she-vin
A -.A the fiRal
Plat,G.
r! Evicting ea-sements;
and r nr,•ling
.gfepenGes
stFwetwes
I
a.R I --+;lidos I.,ithin
all
and type
the right .,{ . a
and n e d sigRs and
harrie-APS
ecatien
of existing
Tee and- fills
and top of
Guts,h.
i. Seale,
Plerth
i and
and at .di+.-h ling if a nifiea .t tFan.-yeFse slepe ists
MIG Deschutes County Clear and Objective Code Project 72 of 108
e. Type;- rraTrcr`�ri-e-vrall rexisting -ar"m--"pF"vp"'vaeauFaTrrugc and a i r r iSa u v i i
waif,stFuetwes and uti"fies with*n the Fight of
and
f. Sealei
Width,a. depth
and
type of base,
la. Width, depth
type
and
ef ,
rw if ,
Fed
6 Fbs
o
Inns
and
,
Utilities;g.
6. The develepeF shall sularnit, with prepesed irnpFevement plans, an itemized GenstruGtion
rest estimate. This estimate. shall All FPIAPEI FA;;dW9F'( and affeeted utility
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(11) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.070 Horizontal Alignment (Renumbered)
(Renumbered to 12.25.110)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(6) on 1213111981
MIG Deschutes County Clear and Objective Code Project 73 of 108
Amended by Ord. 93-057 §1 or, 11,110/1993
Amended by Ord. 97-005 §5 on 6,'411997
Amended by Ord. 2001-016 §1 or) 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.080 Vertical Alignment (Renumbered)
(Renumbered to 12.25.115)
...
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(7) on 1213111981
Amended by Ord. 93-012 §48(A) on 81411993
Amended by Ord. 93-057 §1 on 1111011993
Amended by Ord. 97-005 §6 on 61411997
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.090 Intersections (Renumbered)
(Renumbered to 12.25.120)
1 nFteFial 500
feet;
2. reneGt r 300
feet;•
3. i eGal Inn feet;•
n
250 feet;.
and
paF!(
C Drfma Fy aGGess,
250 feet
MIG Deschutes County Clear and Objective Code Project 74 of 108
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(8) on 1213111981
Amended by Ord. 93-012 §48(AA) on 81411993
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.100 Minimum Right Of Way Width (Renumbered)
(Renumbered to 12.25.130)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(9) on 1213111981
Amended by Ord. 93-057 §1 on 1111011993
Amended by Ord. 97-005 §7 on 61411997
Amended by Ord. 2001-016 §2 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.110 Turn Lanes (Renumbered)
(Renumbered to 12.25.140)
r� ernsr. ears��sea
IN ME MM
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(5) on 1213111981
Amended by Ord. 97-005 §8 on 61411997
Amended by Ord. 2001-016 §2 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.120 Partial Width Roads (Repealed)
+L7iF.
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(5) on 1213111981
Amended by Ord. 2001-016 §2 on 312812001
MIG Deschutes County Clear and Objective Code Project 75 of 108
Repealed by Ord. XX-XXXX §XX on X X XXXX
17.48.130 Road Names (Renumbered)
(Renumbered to 12.25.040)
stem set feFth W-C Title 1 G
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(2) on 1213111981
Amended by Ord. 90-003 §1, Exhibit A on 11811990
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.140 Bikeways (Renumbered)
(Renumbered to 12.25.155)
...
..
..
..REM.. ,.
1M =—,—
wl
MIG Deschutes County Clear and Objective Code Project 76 of 108
2. SheuldeF bil(& F- shall be at lea", I`—UF feet wide.
';imp
aFteFoal 9F eelleeteFis Rat greate-F than eleven feet, the bikeway shall he aminimm,
MrX Off. �...�stee .
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(3) on 1213111981
Amended by Ord. 88-015 §4 on 511811988
Amended by Ord. 93-012 §49 on 81411993
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.150 Structures (Repealed)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.110(10) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.160 Road Development Requirements; General&was
9-A. Improvements of Public Rights of Way.
1. The developer of a subdivision or partition will be required to improve all public ways
that are adjacent to or within the land development.
All improvements within public rights of way shall conform to the improvement
standards designated in DCC 12.25T+tle 1:7 for the applicable road e)(Gept
3. Road improvements shall include mitigation as required under DCC 18.116.310(I).
MIG Deschutes County Clear and Objective Code Project 77 of 108
4. Road improvements shall include dedication of new or additional public rights of way to
provide the minimum standard right of way widths as specified in DCC 12.25.
Additional right of way in excess of the minimum standard may be required to
accommodate road improvements that cannot be contained within the minimum
standard right of way width.
CL.B.Primary Access Roads-
1. The primary access road for any new subdivision or partition shall be improved to the
applicable standard set forth in Tame-ADCC 12.25.
2. The applicable standard shall be determined with reference to the road's classification
under the relevant transportation plan.
3. For the purposes of DCC 17.48.160, a primary access road is a road leading to the
subdivision or partition from an existing paved county, city or state --maintained road
that provides the primary access to the subdivision or partition from such a road.
C. Interior Roads
1. Interior roads for any new subdivision or partition shall be improved to the applicable
standard set forth in DCC 12.25.
2. The applicable standard shall be determined with reference to the road's classification
under the current transportation system plan. For new roads, the applicable standard
shall be determined with reference to the road's anticipated classification based on the
functional classification definitions given in the current Deschutes County Transportation
System Plan.
3.RoAd Any proposed road that terminates at a development boundary shall be
constructed with a turnaround facility approved by the applicable
fire protection district. Temporary easements for turnaround facilities shall not be
granted by plat declaration.
D. Partial Width Road Improvements - Partial width road improvements shall not be permitted. All
portions of a road traveled by motor vehicles and bicycles that are adjacent to, within, or provide
primary access to a subdivision or partition shall be constructed to the full width under the
applicable standards specified in DCC 12.25 for the relevant road classification.
MIG Deschutes County Clear and Objective Code Project 78 of 108
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.120(1)-(6) on 1213111981
Amended by Ord. 993-012 §50 on 81411993
Amended by Ord. 93-057 §1 on 1111011993
Amended by Ord. 97-005 §9 on 61411997
Amended by Ord. 98-004 §1 on 112811998
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.48.165 Road Development Requirements; Subdivisions
A For subdivisions that are not part of a destination resort, planned unit development, or cluster
development roadway improvements shall be constructed as follows:
1. Arterial roads shall be constructed according to the provisions of DCC 12.25.170.
2. Collector roads shall be constructed according to the provisions of DCC 12.25.180.
3. Local roads shall be constructed according to the provisions of DCC 12.25.190 pertaining
to paved roads.
B. Unless an improvement agreement under the provisions of DCC 17.24.120 has been fully
executed road improvements for a subdivision shall be constructed prior to final plat approval.
C. Secondary Access Roads.
1. General Discretionary Standards: When deemed necessary by the County Road
Department or Community Development Department, a secondary access road shall be
constructed to the subdivision. Construction shall be to the same standard used for
roads within the subdivision.
2.' Clear and Objective Standards: A secondary access road shall be constructed to the
subdivision. Construction shall be to the same standard used for roads within the
-.uhrlivisinn.
MIG Deschutes County Clear and Objective Code Project 79 of 108
HISTORY
Adopted by Ord. XX-XXXX §XX on X X XXXX
17.48.170 Road Development Requirements; Partitions
For partitions that are not part of a destination resort, planned unit
development or cluster development, roadway improvements
ageRey shall be constructed pFier te final appraval ef the pan#4eR,
s4--as follows:
A.
w We with five inehes of aggFegate SUFfaeffing (eindeFs aFe aeeeptable), the centerline Af which
Go RG
d with the renterliRe of the Fight of w , Arterial roads shall be constructed according to
the provisions of DCC 12.25.170.
B. FeF a parGel size A-f less, thaR. 10 aGFes, the re-a-d- 1-4-and-a-rd-r-, used shall he the same as Ar a
Collector roads shall be constructed according to the provisions of DCC 12.25,180.
A. Local roads
1. For partitions with an average parcel size of 10 acres or more, local roads shall be
constructed according to the provisions of DCC 12.25.190 pertaining to unpaved roads.
2. For partitions with an average parcel size of less than 10 acres, local roads shall be
constructed according to the provisions of DCC 12.25.190 pertaining to paved roads.
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.120(7) on 1213111981
Amended by Ord. 93-012 §51 on 81411993
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.48.175 Road Development Requirements; Unincorporated Communities (Repealed)
-----... _.... ... - -••-- - .. .ter �M.91 ae.
MIG Deschutes County Clear and Objective Code Project 80 of 108
M-9
HISTORY
Adopted by Ord. 93-012 §52 on 81411993
Amended by Ord. 93-057 §1 on 1111011993
Amended by Ord. 96-003 §12 on 312711996
Amended by Ord. 97-005 §10 on 61411997
Amended by Ord. 97-035 §1 on 612511997
Amended by Ord. 98-004 §2 on 112811998
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2001-041 §2 on 912612001
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.180 Rfwate-Roads Development Requirements; Destination Resorts, Planned Unit
Developments and Cluster Developments
A. Except for arterial roads, roads within destination resorts, planned unit developments (PUDs)
and cluster developments may be public or private roads, provided they are designed and
constructed to the applicable standards specified in DCC 12.25 for the relevant road
classification. The minimum paved readway width shall be 20 feet ip plaRRed WRit develepments
B. Road improvements within destination resorts, planned unit developments PUDs) and cluster
developments shall be constructed prior to final plat approval unless an improvement
agreement under the provisions of DCC 17.24.120 has been fully executed.
eurvatwe, 50 fe
developments With Me -feet wide gFavel shauldeFsq
1). Mi i -,,,.. s of st,.rvature,
sign will be
at ear---h inteel"Seer--fien for eaGh read�
F. At least
one read narne
previded-
MIG Deschutes County Clear and Objective Code Project 81 of 108
Sian tF ..*-- ' d e-ram
2. in developments, bikeways
he minim
-Urn A-f feur feet
etheF shauldeF
shall a
wide, paved
and stFiped, with Re an StFeet pad(ing
allowed ;.vithiA the
Wkewa�L, and when
private
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.130 on 1213111981
Amended by Ord. 93-012 §53 on 81411993
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2004-025 §3 on 1212012004
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.48.190 Drainage (Renumbered)
(Renumbered to 12.25.230)
MIG Deschutes County Clear and Objective Code Project 82 of 108
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.140 on 1213111981
Amended by Ord. 97-005 §11 on 61411997
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.200 Surveying (Renumbered)
(Renumbered to 12.25.240)
11. 'A. r-Jearing lath; and
HISTORY
.�'.ril:T.TT.4T. • . :L7I�17.'fiT. SL�1R:I
Adopted by Ord. 81-043 §1, Exhibit A, §8.300 on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.210 Access (Renumbered)
(Renumbered to 12.28.010 — 12.28.180)
MIG Deschutes County Clear and Objective Code Project 83 of 108
rim"M , sr.■
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.400(1)-(4) on 1213111981
Amended by Ord. 93-012 §53(A) on 81411993
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.220 Driveways (Renumbered)
(Renumbered to 12.28.010— 12.28.180)
TV" Width (on feet4
Reoi�.+�r 94(SiRgle)29(dG ble)
AgriewltWal 2-0
RGhes.
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.400(5)-(8) on 1213111981
MIG Deschutes County Clear and Objective Code Project 84 of 108
Amended by Ord. 2001-016 §1 on 3/28/2001
Amended by Ord. 2011-018 §.I on 1./30/2012
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.230 Utilities; Standards (Repealed)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.500(1) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.240 Utilities; Permit (Repealed)
- - . FMM
n U fn the eFk if different frmm +ho r•nn+ra Gt
r
E. I atie . of nr.. nr+ i rludi..n•
7 Read
• Rname,
d. 4 ppe offacn'c;
MIG Deschutes County Clear and Objective Code Project 85 of 108
r .M . MMI.T1. Sly..r.
- M--7:
IRP�
,perm!
HISTORY
Adopted by Ord. 81.043 §1, Exhibit A, §8.500(2) on 1213111981
Amended by Ord. 93-012 §53(AA) on 81411993
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.250 Utilities; Construction; Performance Standards (Repealed)
MUMM
.. . ... .. . .
..
MIG Deschutes County Clear and Objective Code Project 86 of 108
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.500(3)(A) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.260 Utilities; Construction; Excavation (Repealed)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.500(3)(8) on 1213111981
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.270 Utilities; Construction; Backfilling And Restoring (Repealed)
MIG Deschutes County Clear and Objective Code Project 87 of 108
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.500(3)(C) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.280 Utilities; Construction; Inspection (Repealed)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.500(3)(D) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.290 Fees (Renumbered)
(Renumbered to 12.25.300)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.610 on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
MIG Deschutes County Clear and Objective Code Project 88 of 108
17.48.300 Bonds (Repealed)
--wreim-hursed easts eF expenses Fesulting fFem suGh failure, the GewRty shall Gall 9
Cqwnt�L, O+ shall
the GewRtVL, the a r,liean+shall be liable to the Ge Rty fer+h difffer.e-Re
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.620 on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.310 Insurance (Renumbered)
(Renumbered to 12.25.330)
MIG Deschutes County Clear and Objective Code Project 89 of 108
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.640 on 1213111981
Amended by Ord. 2001-016 §1 on 3/28/2001
Amended by Ord. 2021-007 §1 on 71912021
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.320 Indemnification (Renumbered)
(Renumbered to 12.25.340)
fFeFn any FiegligeRee
agents.
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.630 on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.330 Construction; General Specifications (Renumbered)
(Renumbered to 12.25.400)
.... . . ....... . .......
.00
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(2) on 1213111981
Amended by Ord. 88-017 §1 on 511811988
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.340 Construction; Testing (Repealed)
H I STO RY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(2) on 1213111981
MIG Deschutes County Clear and Objective Code Project 90 of 108
Amended by Ord. 93-012 §53(AAA) on 81411993
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.350 Construction; Inspection (Repealed)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(3) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.360 Construction; Handling Of Explosives (Repealed)
in the lhandling ef explesives, the GeRtFaGtGF must Gemply with fedeFal, state and leGal laws, ;Ind thp
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(4) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.370 Construction; Cooperation With Utilities (Repealed)
A. The GeRtrar-ter. Shall r--A-epeFate with and shall aaveid- damaging the far-ilifiea-s A-f all wtility ewReFsy
B. The centFa6teF shall immediately notify any utility ewneFs, rakeads, and fiFe centre-1 authe.rili
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(5) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.380 Construction; Temporary Traffic Control (Renumbered)
MIG Deschutes County Clear and Objective Code Project 91 of 108
(Renumbered to 12.25.420)
withewt delaying the weFl(.-
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(6) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48.390 Construction; Clearing And Grubbing (Repealed)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(7) on 1213111981
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.400 Construction; Dust Control (Repealed)
Gercv�r✓tFUGc 9R..
MIG Deschutes County Clear and Objective Code Project 92 of 108
B. 0 'h'I'+ f r dust ah-.tefflen+ ..gill be the e-eRtr ewr's
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(8) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.410 Construction; Subgrade Construction (Repealed)
specified .deRSity iS ebtaimAhlo
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(9) on 1213111981
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.420 Construction; Surfacing Requirements (Repealed)
.. a AD 1
MIG Deschutes County Clear and Objective Code Project 93 of 108
MWTIL�. LIMUM � -M I M T ".-MMM"M49FEMMUMS.
72V Dr.
..
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(10)-(15) on 1213111981
Amended by Ord. 93-012 §53(8) on 81411993
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.430 Construction; Concrete Curb (Repealed)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(16) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.440 Construction; Sidewalks (Repealed)
MIG Deschutes County Clear and Objective Code Project 94 of 108
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(17) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.450 Construction; Slopes And Backfill (Repealed)
G. Tepseil shall be suitable silty sand fFem aR appFaved sewee, GE)RtaGR*Rg Re Feek 9F gFavel !aFgef
sip
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(18) on 1213111981
Amended by Ord. 2001-016 §2 on 312812001
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.460 Construction; Catchbasins (Repealed)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(19) on 1213111981
Amended by Ord. 2001-016 §1 on 312812001
Amended by Ord. 2011-018 §1 on 113012012
Amended by Ord. 2021-007 §1 on 71912021
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.470 Construction; Permanent Traffic Control (Repealed)
•- ■
- ..
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, § 8.200(20) on 1213111981
MIG Deschutes County Clear and Objective Code Project 95 of 108
Amended by Ord. 2001-016 §1 on 3/2$12001
Amended by Ord. 2011-018 on 1/30,/201.2
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.480 Construction; Final Cleanup (Repealed)
HISTORY
Adopted by Ord. 81-043 §1, Exhibit A, §8.200(21) on 1213111981
Amended by Ord. 2001-016 §2 on 312812001
Repealed by Ord. XX-XXXX §XX on X/X/XXXX
17.48.490 Road And Street Proiect (Renumbered)
(Renumbered to 12.25.500)
safety h d r eh*!dF iR a side tial a oar and
5. in the Ease of Feadways wheFe medifiGatien results in a change ef tFaffle types eF ,
traffiG.
MIG Deschutes County Clear and Objective Code Project 96 of 108
adapted Gaunty Fead standards
Lh
HISTORY
Adopted by Ord. 88-015 §5 on 511811988
Amended by Ord. 93-012 §54 on 81411993
Amended by Ord. 2001-016 §1 on 312812001
Renumbered by Ord. XX-XXXX §XX on X/X/XXXX
17.48 Table A Minimum Road Design Standards (Repealed)
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MIG Deschutes County Clear and Objective Code Project 97 of 108
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MIG Deschutes County Clear and Objective Code Project 98 of 108
61s Highway 9
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MIG Deschutes County Clear and Objective Code Project 99 of 108
A4ey
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IV, ICl Deschutes County Clear and Objective Code Project 100 of 108
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MIG Deschutes County Clear and Objective Code Project 101 of 108
HISTORY
Repealed by Ord. XX-XXXX §XX on XX/XX/XXXX
17.48 Table B Minimum Bikeway Design Standards (Repealed)
04/
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MIG Deschutes County Clear and Objective Code Project 102 of 108
94--
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}ft es the standaM vAd-th fe.r a tmVe way multi use path; they -he 1-2 ft y.gid-p- in areas with high
MIG Deschutes County Clear and Objective Code Project 103 of 108
HISTORY
Repealed by Ord. XX-XXXX §XX on XXXX/XXXX
CHAPTER 17.52 ROAD DEDICATIONS
17.52.010 Purpose
17.52.020 Relationship To State Law
17.52.030 Application
17.52.040 Procedure
17.52.050 Approval Criteria
17.52.060 Administrative Decisions
17.52.070 Hearings
17.52.080 Appeals
17.52.090 Board Action On Road Dedications
17.52.100 Maintenance Of Dedicated Roads
17.52.010 Purpose
The purpose of DCC 17.52.919 is to establish procedures for the dedication of more than minor amounts
of road right of way to the public where the dedication will not be reviewed as part of another land use
application. Minor amounts of road right of way means rights of way no greater than those required for
modernization, traffic safety improvement, maintenance or repair of an existing road or street. DCC
17.52-.049 applies to road dedications which occur outside of urban growth boundaries in Deschutes
County. DCC 17.52.049 requires that road dedications be reviewed for consistency with the
Transportation Policies for new roads or major road modifications of the Comprehensive Plan.
HISTORY
Repealed & Reenacted by Ord. 95-021 §1,2 on 311511995
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.52.020 Relationship To State Law
A. The procedures for road dedications set forth in DCC 17.52 are adopted in accordance with ORS
368.011 which establishes County authority to supersede provisions of ORS 368 by enacting an
ordinance under powers granted the County in ORS 203.030 to 203.075.
B. The procedures set forth in DCC 17.52 are adopted in accordance with ORS 203.035 which
establishes County power to exercise authority within the County over matters of County
concern.
C. Road dedications are a matter of County concern under ORS 368.016.
MIG Deschutes County Clear and Objective Code Project 104 of 108
HISTORY
Repealed & Reenacted by Ord. 95-021 §1,2 on 311511995
17.52.030 Application
Any person proposing the dedication of more than minor amounts of road right of way, where the
proposed dedication will not be reviewed as part of another land use application, shall submit a written
application for a land use permit to the Planning Director. The land use permit application shall include a
completed request form, a written burden of proof statement which indicates the proposal complies
with the applicable criteria, a map showing the location of the land to be dedicated, a preliminary title
report covering the land to be dedicated, and the appropriate filing fee.
HISTORY
Repealed & Reenacted by Ord. 95-021 §1,2 on 311511995
17.52.040 Procedure
A. When an application has been received and deemed complete, the Planning Director shall refer
the proposal to the Road Department Director for review and recommendation. The Road
Department Director shall determine the applicable design and improvement standards as set
forth in DCC 17.36,_-ate 17.48, and Title 12 and shall review the application for consistency with
such standards as well as other applicable road standard regulations. Once the Road Department
Director has reviewed the information and the materials submitted with the application, the
Road Department Director shall forward findings and a recommendation to the Planning
Director.
The Planning Director shall make an administrative decision on the application or refer the
application to the Hearings Body for a public hearing.
The Planning Director's choice between or among administrative or hearing procedures to apply
to a road dedication application shall not be an appealable decision.
D. Applications for land use permits shall be reviewed according to the applicable approval criteria
identified in DCC 17.52.050.
HISTORY
Repealed & Reenacted by Ord. 95-021 §1,2 on 311511995
17.52.050 Approval Criteria
A. Applications for road dedications in zones where Class I or II road projects, as defined by DCC
18.04.030, are permitted outright shall address the criteria in DCC 18.116.230. Such applications
shall also address any applicable criteria in the zone in which the road dedication is proposed.
B. Applications for road dedications in zones where Class I or II road projects defined by DCC
18.04.030, or public road or highway projects defined by ORS 215.283(2)(p) through (r) and
215.283(3), are permitted as conditional uses shall address the criteria in DCC 18.116.230 and
18.128.015. Such applications shall also address any applicable criteria in the zone in which the
road dedication is proposed.
MIG Deschutes County Clear and Objective Code Project 105 of 108
H i STO RY
Repealed & Reenacted by Ord. 95-021 §1,2 on 311511995
Amended by Ord. 95-065 §1 on 1011111995
17.52.060 Administrative Decisions
If the Planning Director decides to act on the application administratively, the Planning Director shall
follow the procedures for review of land use applications established by DCC 22.20.020 through
22.20.070.
HISTORY
Repealed & Reenacted by Ord. 95-021 §1,2 on 311511995
17.52.070 Hearings
If the Planning Director decides to refer the application to the Hearings Body for a hearing, the
procedures established for land use action hearings in DCC 22.24 shall govern the process.
HISTORY
Repealed & Reenacted by Ord. 95-021 §1,2 on 311511995
17.52.080 Appeals
Following an administrative decision of the Planning Director or a decision of the Hearings Body, a party
may file an appeal according to procedures established in DCC 22.32.
HISTORY
Repealed & Reenacted by Ord. 95-021 §1,2 on 311511995
17.52.090 Board Action On Road Dedications
A. Once an application is approved by the Planning Director or Hearings Body,— pursuant to DCC
17.52, the applicant shall satisfy all conditions of the land use approval prior to submitting a
declaration of dedication for final action. The declaration of dedication shall include a legal
description of the land to be dedicated. Upon receipt of the declaration of dedication, the
Planning Director shall forward the declaration of dedication to the Board for acceptance or
rejection.
B. Except as otherwise provided under the Deschutes County Code, the Board shall take final action
on the road dedication within 120 days after the application is deemed complete.
C. Upon the meeting of the Board to take final action on the road dedication, the applicant shall
provide the Board with a supplemental or amended report to the preliminary title report
submitted with the application. The supplemental or amended report shall show changes in the
condition of title of the relevant property from the date of the preliminary title report up to and
including the time immediately preceding the Board meeting.
D. If the road dedication is accepted by the Board, the declaration of dedication shall be
immediately recorded with the County Clerk.
MIG Deschutes County Clear and Objective Code Project 106 of 108
HISTORY
Repealed & Reenacted by Ord. 95-021 §1,2 on 311511995
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.52.100 Maintenance Of Dedicated Roads
Any public road created in conjunction with the dedication of public road right of way under DCC 17.52
shall be designated as a Local Access Road, as defined by ORS 368.001(3), which shall not be maintained
by the County unless and until that road right of way is established as a County road, as defined by ORS
368.001(1), by order or resolution of the County governing body as authorized by ORS 368.016(2)(c).
HISTORY
Repealed & Reenacted by Ord. 95-021 §1,2 on 311511995
CHAPTER 17.56 VARIANCES
17.56.010 Application
17.56.020 Variance Criteria
17.56.030 Procedure
17.56.040 (Repealed)
17.56.010 Application
The Planning Director or Hearings Body may authorize a variance from the requirements of DCC Title 17.
Application for a variance shall be made by petition stating fully the grounds of the application and the
facts relied upon by the petitioner.
HISTORY
Adopted by Ord. PL-14 §10.010 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 9.010 on 1213111981
Amended by Ord. 93-012 §55 on 81411993
17.56.020 Variance Criteria
A variance may be granted unqualifiedly or may be granted subject to prescribed conditions, provided
that the Planning Director or Hearings Body makes all of the following findings:
A. Tfiat-the literal application of the ordinance would create practical difficulties resulting in greater
private expense than public benefit;
B. Uat-the condition creating the difficulty is not general throughout the surrounding area, but is
unique to the applicant's site;
C. T#a the condition was not created by the applicant;
D. 34at4he variance conforms to the Ceomprehensive Pplan and the intent of the ordinance being
varied.
D-.E T-hat the b*eG Gf The variance requested is not to standards or criteria provided for
applications reviewed under Clear and Objective Standards, pursuant to DCC 17.04.060.
MIG Deschutes County Clear and Objective Code Project 107 of 108
H I STORY
Adopted by Ord. PL-14 §10.020 on .111111979
Repealed & Reenacted by Ord. 81-043 §§1, 9.020 on 1213111981
Amended by Ord. 93-012 §56 on 81411993
Amended by Ord. XX-XXXX §XX on X/X/XXXX
17.56.030 Procedure
The variance application shall be processed according to DCC Title 22.
HISTORY
Adopted by Ord. PL-14 §10 on 111111979
Repealed & Reenacted by Ord. 81-043 §§1, 9.030 on 1213111981
Amended by Ord. 86-030 §2 on 41211986
Amended by Ord. 93-012 §§57 and 58 on 81411993
Amended by Ord. 95-055 §1 on 1011111995
17.56.040 (Repealed)
HISTORY
Repealed by Ord. 93-012 on 81411993
MIG Deschutes County Clear and Objective Code Project 108 of 108
BOARD OF
COMMISSIONERS
MEETING DATE: May 21, 2025
SUBJECT: Work Session: Clear and Objective Housing Text Amendments - Goal 5 (Title 18)
RECOMMENDED MOTION:
N/A
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes Board of County Commissioners (Board) will conduct a work session on May
21, 2025 to consider text amendments establishing "clear and objective" housing
development standards (file no. 247-25-000171-TA). This work session is in preparation for
a public hearing scheduled for May 28, 2025.
This amendment package encompasses areas of the Deschutes County Code that address
Goal 5 resources and related language, including cluster and planned developments, in Title
18, specifically:
• Definitions for the Deschutes County Zoning Code - DCC 18.04
• Basic Provisions - DCC 18.08
• Multiple Use Agricultural Zone - DCC 18.32
• Surface Mine Impact Area (SMIA) - DCC 18.56
• Rural Residential Zone - DCC 18.60
• Terrebonne Rural Community Zoning District - DCC 18.66
• Landscape Management Combining Zone - DCC 18.84
• Wildlife Area Combining Zone - DCC 18.88
• Sensitive Bird and Mammal Habitat Combining Zone - DCC 18.90
• Urban Unincorporated Community Zone; Sunriver - DCC 18.108
• Supplementary Provisions - DCC 18.116
• Exceptions - DCC 18.120
• Conditional Use - DCC 18.128
BUDGET IMPACTS:
None
ATTENDANCE: Tanya Saltzman, Senior Planner and Will Groves, Planning Manager
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
Will Groves, Planning Manager
DATE: May 14, 2025
SUBJECT: Work Session: Clear and Objective Housing Text Amendments - Goal 5 (Title
18)
The Deschutes Board of County Commissioners (Board) will conduct a work session on May
21, 2025 to consider text amendments establishing "clear and objective" housing
development standards (file no. 247-25-000171-TA). This work session is in preparation for
a public hearing scheduled for May 28, 2025. Attached to this memorandum are the
proposed text amendments and a staff report summarizing the changes. Within the
proposed amendments, added language is shown underlined and deleted language is
shown as strikethro ugh. The public hearing will be conducted in -person, electronically, and
by phone.'
All record materials can be found on the project website:
https•//bit ly/DeschutesClearAndObjectiveTitlel7
I. BACKGROUND
Beginning in 2017, the Oregon State Legislature passed a series of bills to encourage efforts
to expand the supply of housing statewide. The passage of Senate Bill (SB) 1051 prohibited
cities from denying applications for housing developments within urban growth boundaries,
provided those applications complied with "clear and objective standards, including but not
limited to clear and objective design standards contained in the county comprehensive plan
or land use regulations."2
The provisions of SB 1051, along with subsequent bills, modified Oregon Revised Statutes
(ORS) 197.286-197.314. Relevant to this project is ORS 197.307(4), which was modified to
' See Board of County Commissioners May 21, 2025 Agenda for more information:
https://www.deschutes.org/meetio-gs
2 https://olis.oregonlegislature.gov/liz/2017Rl /Down loads/Measu re Dow ment/SB1051/Enrolled
state:
(1) Except as provided in subsection (6) of this section, a local government may adopt
and apply only clear and objective standards, conditions and procedures regulating
the development of housing, including needed housing. The standards, conditions
and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density
or height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging
needed housing through unreasonable cost or delay.
In 2023, ORS 197A.4003 (formerly ORS 197.307, as referenced above) was established by
House Bill (HB) 31974. The newly established ORS 197A.400 will become effective on July 1,
2025, and states the following [emphasis added]:
(1) Except as provided in subsection (3) of this section, a local government may adopt
and apply only clear and objective standards, conditions and procedures regulating
the development of housing, including needed housing, on land within an urban
growth boundary, unincorporated communities designated in a county's
acknowledged comprehensive plan after December 5, 1994, nonresource lands
and areas zoned for rural residential use as defined in ORS 215.501. The
standards, conditions and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density
or height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging
needed housing through unreasonable cost or delay
(3) In addition to an approval process for needed housing based on clear and objective
standards, conditions and procedures as provided in subsection (1) of this section, a
local government may adopt and apply an alternative approval process for
applications and permits for residential development based on approval criteria that
are not clear and objective if:
(a) The applicant retains the option of proceeding under the approval process that
meets the requirements of subsection (1) of this section;
(b) The approval criteria for the alternative approval process comply with applicable
statewide land use planning goals and rules; and
(c) The approval criteria for the alternative approval process authorize a density at or
above the density level authorized in the zone under the approval process provided
in subsection (1) of this section.
4 https•//www.oregonleRislature.gov/bills laws/ors/ors197a.html
4 his://oIis.oregonlegislature.gov/liz/2023R1 /Downloads/MeasureDocument/HB3197/Enrolled
Page 2 of 9
These provisions require local governments to apply only clear and objective standards,
criteria, and procedures to applications for housing projects and may not discourage housing
through unreasonable delay. Application of typical discretionary standards (e.g. "adequate
public facilities," "effective mitigation," etc.) is prohibited. The statute is intended to address
the concern that use of discretionary criteria leads to uncertainty, inconsistent
administration, and delays that do not serve the goal of efficiently providing an adequate
supply of housing stock.
II, OVERVIEW OF AMENDMENTS
Numerous sections and language included in the Deschutes County Code (DCC) do not
currently meet the identified thresholds for "clear and objective standards." The primary
focus of the Clear and Objective Code Compliance Project is to ensure the DCC complies with
state statute and the objectives of the Deschutes County Comprehensive Plan.
With the assistance of consultants from MIG, planning staff have identified areas of the DCC
that are not in compliance with statute and drafted packages of text amendments to address
each issue. These packages have been broken into distinct segments to provide the public,
the Deschutes County Planning Commission (Commission), and the Deschutes County Board
of Commissioners (Board) the opportunity to review and vet the proposed changes in a
structured manner.
Where possible, planning staff have drafted amendments that effectuate a policy -neutral
conversion of existing discretionary language to non -discretionary language. This ensures
the original intent and purpose of each amended code provision are preserved. Where that
approach is not viable, alternative standards or criteria have been proposed. Additionally,
certain amendments have been proposed to broadly remove ambiguity from implementing
sections of the DCC, maintain conformity across all development standards, and ensure
review clarity for staff and members of the public.
This amendment package encompasses areas of the DCC that address Goal 5 resources and
related language, including cluster and planned developments, in Title 18, specifically:
• Definitions for the Deschutes County Zoning Code - DCC 18.04
• Basic Provisions - DCC 18.08
• Multiple Use Agricultural Zone - DCC 18.32
• Surface Mine Impact Area (SMIA) - DCC 18.56
• Rural Residential Zone - DCC 18.60
• Terrebonne Rural Community Zoning District - DCC 18.66
• Landscape Management Combining Zone - DCC 18.84
• Wildlife Area Combining Zone - DCC 18.88
• Sensitive Bird and Mammal Habitat Combining Zone - DCC 18.90
• Urban Unincorporated Community Zone; Sunriver - DCC 18.108
• Supplementary Provisions - DCC 18.116
• Exceptions - DCC 18.120
• Conditional Use - DCC 18.128
Page 3 of 9
M. METHODOLOGY
The proposed amendments incorporate feedback from key stakeholders, including the
Oregon Department of Land Conservation and Development (DLCD), Oregon Department of
Fish and Wildlife (ODFW), Community Development Department (CDD) planning staff,
County Legal Counsel, and private consultants. The goal is to provide clear, legally sound
direction for housing development while minimizing legal risks and uncertainties for future
property owners in the County.
As noted above, this proposed package of amendments addresses Goal 5-related provisions
in DCC Title 18 related to housing. Staffs methodology and approach to create clear and
objective code is summarized below.
General Approach
While a clear and objective review path is required for residential development, the flexibility
provided by discretionary review may continue to be attractive for some projects and it may
not be practical or achievable to write clear and objective standards that work in every
development situation. ORS 197A recognizes this and allows local governments to also
provide an optional discretionary review path or parallel track. To that end, the amendments
proposed as part of this package in some cases maintain the existing standards as an
optional, discretionary track for housing. These discretionary standards will also remain in
place for all non-residential development. The advantage of a two -track system is that it
offers both certainty and flexibility. Applicants willing to work within the clear and objective
standards have the option of a simplified review process that saves time and increases the
certainty of approval. Clear and objective standards also offer certainty to reviewers, who
can review applications more efficiently with less time devoted to interpreting
discretionary/unclear requirements, and to the public, who will benefit from knowing
whether a project will or will not be approved. For applicants with creative ideas or unique
circumstances that don't meet the objective standards, discretionary review is available,
which can provide more flexibility.
The proposed amendments included in this package do not alter the County's acknowledged
Goal 5 inventories or impact areas. The proposed amendments ensure Deschutes County
remains in compliance with state statute and administrative rules by continuing to allow
residential construction in areas with Goal 5 resources, providing applicants with a clear and
objective process using standards and criteria that maintain the same level of protection as
the discretionary process that was previously adopted and, in most cases, remains an option
for applicants.
Certain sections of code provide a standard applicants must meet and provides a path for
exceptions, which usually entails discretion. The new clear and objective path removes the
exception.
Page 4 of 9
For example, in the current Wildlife Area Combining Zone (WA) zone regulations, new
dweifngs are required to be entirely within 300 feet of an existing road, which is intended to
minimize the extent of impacts to protected resources. Exceptions are permitted if the
discretionary criteria in DCC 18.88.O60(B) are met. One of those discretionary exceptions is
to demonstrate that habitat values and migration corridors are afforded equal or greater
protection through a different development pattern. In the proposed clear and objective
path, exceptions are not permitted at all; an applicant would need to follow the discretionary
review path if deviating from the standard. Therefore, the proposed amendments retain the
existing regulations, explicitly separating the clear and objective and discretionary options.
This is consistent with the existing program to protect.
A second example illustrates the creation of a clear and objective option as an alternative to
discretionary design elements. The existing LM combining zone design standards (DCC
18.84.080) address building and roof color and reflectivity, setbacks, height, lighting,
screening, and access. The intent of these standards is to minimize the visual appearance of
structures from specified view corridors in order to maintain scenic views and the natural
appearance to the greatest extent possible. The proposed amendments provide a parallel
clear and objective approval path. These amendments codify the types of designs that
County staff would approve under the current regulations. Standards for building color,
screening, trees, and setbacks have been updated with the intent to achieve equivalent
outcomes to the existing program to protect. This includes:
• The discretionary requirement for "muted earth tones" is replaced by an approved
palette of specific earth tone colors (DCC 18.18A) or with natural wood or stone.
• The requirement for non -reflective materials is replaced by an objective light
reflectance value (LRV) standard.
• The discretionary requirement for use of existing features to reduce visual impacts is
replaced by a standard that states equivalent requirements using clear and objective
language.
• The vague and discretionary screening requirements are replaced by specific tree
planting standards.
These objective standards are intended to provide a narrow approval pathway. The site
designs that would meet these standards could also be approved by County staff under the
discretionary review path, thereby achieving equivalent outcomes.
Definitions
Using the same methodology as in the Title 18 Definition Module 1 of the Clear and Objective
Project, staff modified Goal 5-related definitions as follows:
1) If an existing term has a definition through statute, that existing terminology has been
adopted verbatim or by reference.
Page 5 of 9
2) If an existing, non.s4iatutory definition has subjective language (e.g. "adequate,"
"designed for," etc.) that language has been replaced with measurable, quantitative
standards wherever possible.
3) If an existing term is not explicitly used in Goal 5 language in Title 18, as revised, those
terms have been removed.
IV. - AGENCY AND PUBLIC COMMENTS
The following public comments have been received regarding the proposed amendments.
The full written comments are available in record for reference. For the purpose of this
memorandum, brief summaries of the testimony are provided below:
1. Robin Hayakawa, Central Oregon LandWatch: LandWatch noted the significance of the
County's Goal 5 protections and the goal of the clear and objective regulations
providing more clarity to land use applicants. With that acknowledgement,
LandWatch expressed several concerns:
a. Noted that the removal of planned and cluster developments from the list of
conditional uses permitted in the MUA and RR-10 zones is confusing, since that
use remains permissible as a conditional use in the discretionary path.
LandWatch recommended retaining comprehensive lists of all conditional uses
permitted within those zones, potentially as a user-friendly table showing the
discretionary and clear and objective tracks.
b. Stated that the siting standards in the Wildlife Area Combining Zone are confusing,
with respect to the requirement to site a dwelling within 300 feet of a road or
recorded easement. The language in the existing discretionary requirements
require a road/easement to exist "as of" August 5,1992 (the original adoption date
of the WA zone), but the clear and objective standards are worded differently,
requiring the photo evidence to be taken "prior to" August 5, 1992. LanclWatch
provided language suggestions to clarify this requirement, using the phrase (or
similar words) "has been in continuous existence."
c. Lastly, LandWatch maintains that the County may need to "apply Goal 5" in
consideration of the proposed amendments, including identification of significant
Goal 5 resources, ESEE (Economic, social, environmental, and energy) analyses
that disclose the effects of conflicting uses on those resources, and development
of a program to meet the Goal for significant resources per OAR 660-023-
0250(3)(a). LandWatch states that a post -acknowledgement plan amendment
(PAPA) that amends a portion of an acknowledged plan or land use regulation
adopted in order to protect a significant Goal 5 resource triggers the requirement
to apply Goal 5, even if the regulations do not result in a change to the protection
for a resource.
Page 6 of 9
2. Jessica Wilkes, Oregon Department of Fish. and Wildlife: this testimony acknowledged the
complexity of complying with the state law in these chapters of Deschutes County
Code. The existing Coal 5 program for protecting fish and wildlife is discretionary; the
clear and objective criteria removes that discretionary flexibility and with it, the ability
to utilize ODFW's expertise. The testimony concludes, "ODFW recommends continued
consultation with state and federal agencies to protect Goal 5 resources."
3. Matt Cyrus, Deschutes County Planning Commissioner: Commissioner Cyrus asked
clarifying questions to be discussed during the hearing regarding the origins of the
requirements in DCC 18.88.051 - Dimensional Standards - Clear and Objective
Standards. He also requested additional clarification regarding cluster and planned
developments.
4. Casey Roscoe, Deschutes Countyresident, provided verbal testimony in person. Roscoe's
testimony addressed several issues. She questioned the specificity of the paint color
palette provided in the clear and objective path in the Landscape Management
Combining Zone, noting that one particular brand (Miller Paint) was provided and not
enough options were provided. Roscoe also spoke to the limitations in the Wildlife
Area Combining Zone as a whole, including prohibited uses and the County's ability
to require conditions of approval for outdoor assemblies in the WA zone.
5. Joy Lovett, Oregon Department of Fish and Wildlife (April 25, 2025): This testimony
followed up on discussions held at the hearing concerning ODFW's initial testimony.
Staff interpreted ODFW's initial testimony as requesting changes to the amendments
to allow for some degree of ODFW participation in the clear and objective path in the
Sensitive Bird and Mammal Habitat Combining Zone (DCC 18.90.061). Lovett's
testimony clarified that ODFW recommends maintaining the proposed language as
is, which requires compliance with the existing ESEE analyses, and noted that there
are capacity issues with requiring ODFW concurrence on every clear and objective
application or a possible veto option that was discussed.
6. Toni Williams, Deschutes County Planning Commissioner (April 29, 2025): Commissioner
Williams sought clarification on the development of the muted earth tone color
palette required in the clear and objective path in the Landscape Management
Combining Zone,
V. PLANNING COMMISSION REVIEW AND DISCUSSION
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the
Department of Land Conservation and Development (DLCD) on March 19, 2025. Staff
presented the proposed amendments to the Planning Commission at a work session on April
10, 2025.5 An initial public hearing was held before the Commission on April 24, 2025.E At
that time, the oral portion of the public hearing was closed and the written record was held
5 https://www.deschutes.org/bc-pc/page/planning-commission-65
6 httas://www.deschutes.org/bc-pc/page/planning-commission-66
Page 7 of 9
openuntil April 30, 2025 at'!:GO p.m. The Commission held deliberatic)ns on May 8, 20257
,
issuing a recommendation for approval to the Board and requesting staff to relay the main
topics of the Planning Commission discussion to the Board.
Based on feedback and discussion from the Planning Commission, no immediate changes
were made to the proposed text amendments. Staff and the Planning Commission discussed
several items related to the testimony received and related items.
Driveway access: During the work session, the Planning Commission identified one item
that may need additional review, which staff will revisit:
• DCC 18.84.081(F) states "No driveway access to a designated landscape management
road for a dwelling unit shall be permitted." Staff will consider re-examining this
requirement. For reference, the discretionary path requires new driveway access to
be "consolidated wherever possible."
Paint palette: In response to inquiries concerning the paint palette in the Landscape
Management Combining Zone, staff notes that the proposed code explicitly states that while
the swatches provided are from Miller Paint, proposed exterior finish colors do not need to
be that brand. It is necessary to provide a specific standard, however, so that applicants do
not have to rely on a computer monitor or printer that is not properly calibrated.
The idea of using Pantone color switches was also raised. However, Pantone is generally a
standard used for ink -based color and is a different system than exterior paint. Paint
companies can try to match Pantone colors but they are often imperfect. This is why the
clear and objective standard utilizes a palette specific to house paint colors. If an applicant
wants to select a color that is not captured on the palette offered in the clear and objective
path, the applicant can pursue approval under a discretionary path.
WA Zone uses: Concerning Casey Roscoe's testimony concerning the limitations on uses and
the County's ability to require conditions of approval for outdoor assemblies in the WA zone,
those initiatives are beyond the scope of this project, which is a direct response to House Bill
3197. The proposed amendment package is not seeking to revisit or alter the baseline
protections of the WA and other Goal 5-related zones, but rather to provide a technical code
patch to provide a clear and objective pathway to achieve the same level of protections that
have been established through a previous legislative process. A project undertaking such as
this would require specific direction from the Board and an extensive public process
separate from the current Clear and Objective project.
Items raised by LandWatch: In response to the items raised by Central Oregon LandWatch
and summarized above, the Planning Commission recommended staff further consider the
text changes in the first two parts of the testimony provided.
• Regarding the need for significant additional ESEE analysis, staff, in consultation with
County Legal Counsel, has determined that these amendments do not require a new
hops://www.deschutes.org/bc pc/page/planning commission-61
Page 8 of 9
Goal 5 analysis uncle. OAR 660-023-0250(3) because they maintain equivalent
protections for Goal resources while simply providing an alternative approval path
that uses quantifiable standards. The amendments neither add new uses nor reduce
protections for Goal 5 resources. The findings idings document specifically outlines the ways
in which those protections are maintained by the proposed amendments.
VI. NEXT STEPS
A public hearing with the Board is scheduled for May 28, 2025.
Attachments:
1) Staff Report & Proposed Text Amendments
Page 9 of 9
TITLE 18 COUNTY ZONING
CHAPTER 18.04 TITLE PURPOSE AND DEFINITIONS
CHAPTER 18.08 BASIC PROVISIONS
CHAPTER 18.32 MULTIPLE USE AGRICULTURAL ZONE; MUA
CHAPTER 18.56 SURFACE MINING IMPACT AREA COMBINING ZONE; SMIA
CHAPTER 18.60 RURAL RESIDENTIAL ZONE; RR-10
CHAPTER 18.66 TERREBONNE RURAL COMMUNITY ZONING DISTRICTS
CHAPTER 18.84 LANDSCAPE MANAGEMENT COMBINING ZONE,• LM
CHAPTER 18.88 WILDLIFE AREA COMBINING ZONE; WA
CHAPTER 18.90 SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE; SBMH
CHAPTER 18.108 URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
CHAPTER 18.116 SUPPLEMENTARY PROVISIONS
CHAPTER 18.120 EXCEPTIONS
CHAPTER 18.128 CONDITIONAL USE
CHAPTER 18.04 TITLE PURPOSE AND DEFINITIONS
18.04.030 Definitions
As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030.
"Bank full Averfle� A �r the mawra I hanks ef
a r4p;4—
stage" me an sthe elevation at who eh watt-r
inte-Pi-al fle-ed elevatieR may be used to appFeximate Shank full stage,
"Bed or banks ef stFeam OF " has the meaning given at OAR 141-085-0510.means the phys -
,ide of the Gentainer,
"Cluster development" means a development permitting the clustering of single -unit or multi-unit#amily
rpd Tdwellings , it� eR paFt of the pF peFt„ with individual lots or parcels of not less than two
acres in size and not exceeding three acres in size, and dedicated open space for a minimum of 65
percent of the parcel, lot, or tract. No commercial or industrial uses not allowed by the applicable zoning
ordinance are permitted.
"Conflicting use" means a land use, or other activity reasonably and customarily subject to land use
regulations that could adversely affect a significant Goal 5 resource (except as provided in OAR 660-023-
0180(1)(b))."GenflietiRg use" Mean-,; a land use whiGh could negatively impaet 9F be Regatively
"Dust -sensitive use" means use of a site, lot, e4�-parcel, or tract as a dwelling unit, school, ehuFeh religious
institutions or assemblies, hospital, or similar use. Industrial or agricultural use of a site, lot, e-r-parcel, or
tract is not "dust -sensitive" unless it meets the above criteria in more than an incidental and subordinate
1 of 52
manner. Accessory structures, such as, but not limited to garages and workshops, do not constitute dust -
sensitive uses.
"Dust -sensitive building" means a building that contains a dust -sensitive use.
"ESEE" stands for "economic, social, environmental, and energy." €S€€means the eGeRemie, 5^e"'
1
as defined- in OAR 660 16 905, that Fnight Fes, A from
" useln Title 18, ESEE refers to a decision document
that identifies "ESEE consequences" and the "program to achieve the goal", as these terms are defined in
OAR 660-023-0010.
"Fill", as used in the context of lakes, rivers, streams, floodplains, wetlands, or riparian areas, means:
A. The deposit by artificial means of material within any lake, river, stream, floodplain, wetland, or
riparian area.
B. Fill includes any excavation or grading within any lake, river, stream, floodplain, wetland, or
riparian area.
C. Fill does not include -"^1' notg^^I--practices that constitute accepted farming practices as
defined in ORS chapter 215.
"Goal 5 resource" means open spaces, scenic and historic areas and natural resources as specified in
Goal 5 of Oregon's Statewide Planning Goals and its implementing Administrative Rules, OAR chapter
660, Ddivisions 4-516 and 23.
"Grade" means the elevation of the ground surface. Grade is further defined as:
A. "Grade, average", for the purposes of calculating structural height, means the average of two
points which shall be the highest finished grade abutting the structure and the lowest finished
grade abutting the structure.
B. "Grade, existing" means the existing elevation of the ground surface prior to grading,
compaction, placement of fill, and/or the excavation or removal of earth from the lot or parcel.
C. "Grade, finished" means the final elevation of the ground surface following all grading,
compaction, placement of fill, and/or the excavation or removal of earth from the lot or parcel.
D.For the purposes of streets or slopes, "grade" shall mean the degree of inclination.
"Noise -sensitive use" means use of a site, lot,-ef parcel, or tract ner- y ,.teed for sleep^approved for
overnight human occupancy, or normally used as schools,-, religious institutions or assemblies,
hospitals, or public libraries. Industrial or agricultural uses of a site, lot, parcel, or tract are not "noise -
sensitive" unless the use meets the above criteria in more than an incidental and subordinate manner.
Accessory uses structures, such as but not limited to garages or workshops, do not constitute noise -
sensitive uses.
"Noise -sensitive building" means a building that contains a noise -sensitive use.
"Ordinary High Water Line (OHWL)" has the meaning given at OAR 141-085-0510.
2 of 52
"Ordinary High Water Mark (OHWM)" has the same meaning as "Ordinary High Water Line."FfleanS
highest level eR the bank or sheFe ef a Ial(e, Foyer-, GF stFeam to �.qh*r-h thi--v.gateF GFdinaF*ly Fuses anRUally
"Rimrock" means any ledge, outcropping, or top or overlying stratum of rock, which meets the followi
A. FHas a slope in excess of 45 degrees, as measured across any 10-foot horizontal
distance. Where two or more horizontal measurements yield different results, the most
restrictive measurement shall apply; and
B. which r-Creates or is within the canyon of the following rivers and streams: (1) Deschutes
River, (2) Crooked River, (3) Fall River (4) Little Deschutes River (5) Spring River (6) Paulina
Creek (7) Whychus Creek and (8) Tumalo Creek.
C. For the purpose of DCC Title 18, the edge of the rimrock is the uppermost rock ledge or
outcrop of rimrock.
"River" has the same meaning as "stream."
"Stream" means a channel such as a river or creek that carries flowing surface water, including perennial
streams and intermittent streams with defined channels, and excluding man-made irrigation and
drainage channels.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 82-013 §1 on 512511982
Amended by Ord. 83-037 §2 on 61111983
Amended by Ord. 83-033 §1 on 611511983
Amended by Ord. 84-023 §1 on 81111984
Amended by Ord. 85-002 §2 on 211311985
Amended by Ord. 86-032 §1 on 41211986
Amended by Ord. 86-018 §1 on 613011986
Amended by Ord. 86-054 §1 on 613011986
Amended by Ord. 86-056 §2 on 613011986
Amended by Ord. 87-015 §1 on 611011987
Amended by Ord. 88-009 §1 on 313011988
Amended by Ord. 88-030 §3 on 811711988
Amended by Ord. 89-004 §1 on 312411989
Amended by Ord. 89-009 §2 on 1112911989
Amended by Ord. 90-014 §2 on 711211990
Amended by Ord. 91-002 §11 on 21611991
Amended by Ord. 91-005 §1 on 31411991
Amended by Ord. 92-025 §1 on 411511991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §§3 and 4 on 913011991
Amended by Ord. 92-004 §§1 and 2 on 21711992
Amended by Ord. 92-034 §1 on 41811992
Amended by Ord. 92-065 §§1 and 2 on 1112511992
Amended by Ord. 92-066 §1 on 1112511992
3 of 52
Amended by Ord. 93-002 §§1, 2 and 3 on "1311993
Amended by Ord. 93-005 §§1 and 2 on 412111993
Amended by Ord. 93-038 §1 on 712811993
Amended by Ord. 93-043 §§1, 1A and 1B on 812511993
Amended by Ord. 94-001 §§1, 2, and 3 on 311611994
Amended by Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8 on 61811994
Amended by Ord. 94-041 §§2 and 3 on 911411994
Amended by Ord. 94-038 §3 on 101511994
Amended by Ord. 94-053 §1 on 121711994
Amended by Ord. 95-007 §1 on 31111995
Amended by Ord. 95-001 §1 on 312911995
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 95-077 §2 on 1212011995
Amended by Ord. 96-003 §2 on 312711996
Amended by Ord. 96-082 §1 on 1111311996
Amended by Ord. 97-017 §1 on 311211997
Amended by Ord. 97-003 §1 on 6/4/1997
Amended by Ord. 97-078 §5 on 1213111997
Amended by Ord. 2001-037 §1 on 912612001
Amended by Ord. 2001-044 §2 on 1011012001
Amended by Ord. 2001-033 §2 on 1011012001
Amended by Ord. 2001-048 §1 on 1211012001
Amended by Ord. 2003-028 §1 on 912412003
Amended by Ord. 2004-001 §1 on 711412004
Amended by Ord. 2004-024 §1 on 1212012004
Amended by Ord. 2005-041 §1 on 812412005
Amended by Ord. 2006-008 §1 on 812912006
Amended by Ord. 2007-019 §1 on 912812007
Amended by Ord. 2007-020 §1 on 21612008
Amended by Ord. 2007-005 §1 on 212812008
Amended by Ord. 2008-015 §1 on 613012008
Amended by Ord. 2008-007 §1 on 811812008
Amended by Ord. 2010-018 §3 on 612812010
Amended by Ord. 2010-022 §1 on 711912010
Amended by Ord. 2011-009 §1 on 10/1712011
Amended by Ord. 2012-004 §1 on 411612012
Amended by Ord. 2012-007 §1 on 51212012
Amended by Ord. 2013-008 §1 on 71512013
Amended by Ord. 2014-009 §1 on 81612014
Amended by Ord. 2015-004 §1 on 412212015
Amended by Ord. 2016-015 §1 on 71112016
Amended by Ord. 2016-026 §1 on 111912016
Amended by Ord. 2016-006 §1 on 212712017
Amended by Ord. 2017-015 §1 on 111112017
4 of 52
Repeoled by Ord. 2018-005 §3 on 1011012018
Amended by Ord. 2018-006 §4 on 1112012018
Amended by Ord. 2019-010 §1 on 51812019
Amended by Ord. 2019-016 §1 on 212412020
Amended by Ord. 2020-001 §1 on 412112020
Amended by Ord. 2020-010 §1 on 71312020
Amended by Ord. 2020-007 §7 on 1012712020
Amended by Ord. 2021-013 §3 on 41512022
Amended by Ord. 2022-014 §1 on 41412023
Amended by Ord. 2023-001 §2 on 513012023
Amended by Ord. 2024-008 §2 on 101912024
Amended by Ord. 2025-002 §1 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
CHAPTER 18.08 BASIC PROVISIONS
18.08.050 Review Pursuant to ORS 197A.400
18.08.050 Review Pursuant to ORS 197A.400
For applications that involve the development of housing and are eligible to be reviewed pursuant to
ORS 197A.400:
A. In each case where Title 18 contains alternative standards or criteria describing processes
for: (1) Clear and Objective Standards or Criteria (i.e., review pursuant to ORS 197A.400),
and (2) General/Discretionary Standards or Criteria (i.e., review not pursuant to ORS
197A.400) the applicant shall identify in the application materials which set of alternative
standards/criteria the applicant elects to be reviewed under.
B. The County shall review the application exclusively under the standards and criteria selected
by the applicant — either the clear and objective standards/criteria or the discretionary
standards/criteria.
C. Any request to elect to use different standards/criteria than those identified in the
application materials shall constitute a modification of application under Title 22.
HISTORY
Adopted by Ord. 2025-xxx §x on X6025
CHAPTER 18.32 MULTIPLE USE AGRICULTURAL ZONE; MUA
18.32.030 Conditional Uses Permitted
The following uses may be allowed subject to DCC 18.128:
5 of 52
A. Public use.
B. Semipublic use.
C. Commercial activities in conjunction with farm use. The commercial activity shall be associated
with a farm use occurring on the lot or parcel where the commercial use is proposed. The
commercial activity may use, process, store or market farm products produced in Deschutes
County or an abutting County.
D. Dude ranch.
E. Kennel and/or veterinary clinic.
F. Guest house.
G. Manufactured dwelling 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.
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 lot or parcel of
land or contiguous land where the primary processing facility is located.
N. Destination resorts.
0. Planned developments.
R. Cluster developments.
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40. A disposal site which includes a land disposal site for which they Department of
Environmental Quality has granted a permit under ORS 459.245, together with equipment,
facilities or buildings necessary for its operation.
R-.P. Time share unit or the creation thereof.
&gHydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
:[�R. 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.
1=�S.Bed and breakfast inn.
VT. Fill or 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.
kU. Religious institutions or assemblies, subject to DCC 18.124 and 18.128.080.
X-.V. Private or public schools, including all buildings essential to the operation of such a school.
-Y-.W.Utility facility necessary to serve the area subject to the provisions of DCC 18.124.
Z-.X. Cemetery, mausoleum or crematorium.
ANY. Commercial horse stables.
A9Z. Horse events, including associated structures, not allowed as a permitted use in this zone.
ACZAA. Manufactured dwelling park or recreational vehicle park on a lot or parcel in use as a
manufactured dwelling park or recreational vehicle park prior to the adoption of Ordinance PL-
15 in 1979 and being operated as of June 12, 1996, as a manufactured dwelling park or
recreational vehicle park, including any expansion of such uses on the same lot or parcel, as
configured on June 12, 1996.
ADAB. A new manufactured dwelling or recreational vehicle park, subject to Oregon Administrative
Rules 660-004-0040(8)(g) that:
1. Is on a lot or parcel abutting an existing manufactured dwelling or recreational vehicle
park;
2. Is abutting the City of Bend Urban Growth Boundary; and
3. Has no more than 10 dwelling units.
A€AC. The full or partial conversion from a manufactured dwelling park or recreational vehicle park
described in DCC 18.32.030 (CC -AA) to a manufactured dwelling park or recreational vehicle park
on the same parcel, as configured on June 12 1996.
AAD. Wireless telecommunications facilities, except those facilities meeting the requirements of
DCC 18.116.250(A) or (B).
AGAE. Guest lodge.
7of52
AWAF. 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.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 80-206 §3 on 1011311980
Amended by Ord. 83-033 §2 on 611511983
Amended by Ord. 86-018 §7 on 613011986
Amended by Ord. 90-014 §§27 and 35 on 711211990
Amended by Ord. 91-002 §7 on 21611991
Amended by Ord. 91-005 §§19 and 20 on 31411991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §1 on 913011991
Amended by Ord. 92-055 §2 on 811711992
Amended by Ord. 93-043 §§4A and 8 on 812511993
Amended by Ord. 94-008 §11 on 61811994
Amended by Ord. 94-053 §2 on 121711994
Amended by Ord. 96-038 §1 on 611211996
Amended by Ord. 97-017 §2 on 311211997
Amended by Ord. 97-029 §2 on 511411997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §2 on 1211212001
Amended by Ord. 2004-002 §4 on 412812004
Amended by Ord. 2009-018 §1 on 111512009
Amended by Ord. 2015-002 §1 on 71812015
Amended by Ord. 2016-015 §3 on 71112016
Amended by Ord. 2020-001 §4 on 412112020
Amended by Ord. 2021-004 §2 on 512712021
Amended by Ord. 2021-013 §5 on 41512022
Amended by Ord. 2023-001 §4 on 513012023
Amended by Ord. 2025-002 §6 on 212612025
Amended by Ord. 2025-xxx §x on x/x 025
18.32.040 Dimensional Standards
In an MUA Zone, the following dimensional standards shall apply:
A. The minimum lot area shall be 10 acres, exGept Y.I-,.,Red and Gluste. deveL,...,-,eRts shall be
B. The minimum lot width shall be 150 feet and the minimum street frontage 50 feet.
8 of 52
C. No structure shall be erected or enlarged to exceed 30 feet in height, except as allowed by DCC
18.120.040.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-055 §3 on 811711992
Amended by Ord. 2006-008 §4 on 812912006
Amended by Ord. 2025-002 §6 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
CHAPTER 18.56 SURFACE MINING IMPACT AREA COMBINING ZONE; SMIA
18.56.070 Setbacks
A. General/Discretionary Standards:
The setbacks shall be the same as those prescribed in the underlying zone, except as follows:
1. No noise -sensitive or dust -sensitive use or suture building established or constructed after
the designation of the SMIA Zone shall be located within 250 feet of any surface mining
zone, except as provided in DCC 18.56.140; a444
2. No noise -sensitive or dust -sensitive use or structure established or constructed after the
designation of the SMIA Zone shall be located within one -quarter mile of any existing or
proposed surface mining processing or storage site, unless the applicant demonstrates that
the proposed use will not prevent the adjacent surface mining operation from meeting the
setbacks, standards, and conditions set forth in DCC 18.52.090, 18.52.110, and 18.52.140,
respectivelyt:
3. Additional setbacks in the SMIA Zone may be required by the Planning Director or Hearings
Body as part of the site plan review under DCC 18.56.100; and:
4. An exception to the 250-foot setback in DCC 18.56.070(A), shall be allowed pursuant to a
written agreement for a lesser setback made between the owner of the noise -sensitive or
dust -sensitive use or structure located within 250 feet of the proposed surface mining
activity and the owner or operator of the proposed surface mine. The agreement shall be
submitted at the time of site plan review or site plan modification. Upon approval, the
agreement shall be notarized and recorded in the Deschutes County Official Records and
shall run with the land. c h agFeemem Shan he s, hPAWe J and rensidered at the time „f
B. Clear and Obiective Standards:
The setbacks shall be the same as those prescribed in the underlying zone, except as follows:
1. No dwellings shall be approved after the designation of the SMIA Zone within 250 feet of any
surface mining zone, except as provided in DCC 18.56.140; and
9 of 52
2. No dwellings shall be approved after the designation of the SMIA Zone within one -quarter
mile of any existing or proposed surface mining processing or storage site unless the site is a
preexisting or nonconforming site as defined in DCC 18.52.160.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 90-035 §§1 and 2 on 91511990
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-xxx §x on VW2025
18.56.080 Use Limitations
No dwelling units, additions to dwelling units-er,etheFnoise-sensitive &tpaeta,e&buildings, or-ofdust-
sensitive uses ^r `tFuetur^` buildings shall be erected in any SMIA Zone without first obtaining site plan
approval under the standards and criteria set forth in DCC 18.56.090 through 18.56.120.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 91-014 §5 on 311311991
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
18.56.090 Specific Use Standards
The following shall be subject to the criteria established in DCC 18.56.100 or DCC 18.56.110standards
shall app4y in the SMIA Zone:
A. New dwelling unitsi
B_,--GOther new noise -sensitive and dust -sensitive uses or e6buiIdings;;-4A4
C_aAdditions to dwelling units in existence on the effective date of Ordinance No. 90-014 which
increase the floor area of the structure by 10 percent or more; or
D. GAddition to other noise and dust sensitive uses or structuresbuildings, in existence on the
effective date of Ordinance No. 90-014, which increase the lot area associated with use or floor
area of the structure by 10 percent or more.exceed 10 r M ^f mhe Size ^f+he ^ isti^^
dwelling er use, hall be subject to the eriteFia established in DGG 14 C6 'Inn
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
10of52
18.56.100 Site Plan Review And Approval Criteria
A. Elements of Site Plan Application. An cation shall be submitted in a form
prescribed by the Planning Director,
B. Site plan review and approval, pursuant to the DCC Title 22 GeuRty W Rif, r.m. 1 and U se- n,.+;,,R
shall be required for all development types useslisted under DCC
18.56.090 in the SMIA Zone prior to the commencement of any construction or use.
C. The Planning Director or Hearings Body may grantor deny site plan approval and -shall
require sueh modifications to the site plan as aFe d teFr fined to be if necessary to meet the
setbacks, standards, and conditions described above.
D. The site plan shall be approved if the Planning Director or Hearings Body finds -that the site plan
is consistent with the site -specific ESEE analysis in the surface mining element of the
Comprehensive Plan and that the proposed developmentu.&e will not prevent the adjaeent
abutting surface mining operation from meeting the setbacks, standards, and conditions set
forth in DCC 18.52.090, 18.52.110, and 18.52.140, respectively.
E. eNotice shall be as set forth in DCC Title 22, the ""'ifaFm Development RFeee 'uFes
QFdinaREe, e)(Gept and in all cases notice ofo, the Feeipt-of an SMIA site plan
reviewapplicatien shall be sent to the mine owners and/or operators whose SM-wed zoned
site necessitated tFiggered the SMIA review.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 90-035 §3 on 91511990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
18.56.110 Abbreviated SMIA Site Plan Review
A. An abbreviated site plan review under DCC 18.56.110 shall be required for uses or structures, as
specified in DCC 18.56.090, if all of the following are met:
1. The lot or parcel is at least one -quarter mile from an SM Zone; and
4-2. There are at least two dwellings or other noise -sensitive or dust -sensitive uses between
the lot or parcel and the SM-zoned site necessitating the review. new ^F eRlaFged noise
eF dust sensitive use, as speeffified in DCC 18.56.999 to vVhieh -DGG 18.56.110 applies that
i s at least E)Re quarter Fnile fre-M -an S.A.4 ZeRe and that has at least twe dwellings or ethe-F
11 of 52
Abbreviated SMIA site plan review shall require the submission of an appiicat1'on4n-a4e m
pFesGr
det4ep6tFale in conformance with DCC 18.56.110(A).
C. Unless the underlying zoning at the SMIA site would require additional review of the proposed
use for some other land use permit, abbreviated site plan review shall be conducted
._J�Administratively without prior public notice;
2_ ar�Notice of the Findings and Decision shall be mailed consistent with DCC
18.56.100(E), to all persons entitled to receive notice; and
473J34-w44-aAn appeal period and procedures as set forth in DCC Title 22, the Wi#erFA
Devei,,ppAeRt or.,rC ,-,ir„s Q-Fdi aRee. Appellants may submit evidence to overcome the
presumption set forth in DCC 18.56.110(A).
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 90-035 §4 on 91511990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-xxx §x on VW2025
18.56.120 Waiver Of Remonstrance
As a condition of he applic-ant site plan approval under DCC 18.56.100 or DCC 18.56.110, iR the SMIA
teethe property owner shall sign and record in the Deschutes County Official Records a Statement
Waiver of Remonstrance declaring that the appliearm-property owner and 4i-stheir successors will not
now or in the future complain about the allowed surface mining activities on the adjaeer surface mining
site(s) necessitating the review.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
18.56.130 Development Agreement And Performance Bond
A. General/Discretionary Standard: As a condition of site plan approval under DCC 18.56.100 or
DCC 18.56.110, the property owner may be required to execute a development agreement
with the County and performance bond or other form of security approved by the County to
ensure full and faithful performance of any improvements required to meet the setbacks,
standards, and conditions set forth above. Any bond shall be for 110 percent of the dollar
amount of the improvement costs.
12 of 52
B. Clear and Obiective Standard: Execution of a development agreement a-Wor performance
bond is not permitted. All improvements, required setbacks, standards, and conditions must
be installed and approved prior to building permit approval.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-xxx §x on VW2025
18.56.140 Exemptions
The following shall be exempt from the provisions of DCC 18.56:
A. Uses in the SMIA Zone which are not within one-half mile of any identified resource in the SM
Zone after all reclamation has occurred.
B. Continuation and maintenance of a conforming or nonconforming use established prior to the
effective date of Ordinance No. 90-0141:
C. The employment of land for farm or forest use1- and
D. Additions to noise -sensitive or dust -sensitive uses or struetwes buildings, v•0"irC" are ^^ npletely
fir9r.n.. the FRiRiRg Sete by the existing use er striur#, re, if the use 9F stFWGtWFe
was: if DCC 18.56.140(D)(1) or DCC 18.56.140(2) is met and DCC 18.56.140(D)(3) is met:
1. The use or structure existed eE*istiRg on the effective date of Ordinance No. 90-0141 or
2. The existing use was established or constructed in accordance with DCC Chapter 18.561
and
-1,3. wfik*The addition is completely screened from the surface mining site by the
existing use or structure.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 83-037 §15 on 61111983
Amended by Ord. 85-002 §8 on 211311985
Amended by Ord. 86-018 §12 on 613011986
Amended by Ord. 86-053 §12 on 613011986
Amended by Ord. 90-014 §5 on 711211990
Amended by Ord. 2004-013 §5 on 912112004
Amended by Ord. 2025-002 §11 on 212612025
Amended by Ord. 2025-xxx §x on xlxxl2025
13 of 52
CHAPTER 18.60 RURAL RESIDENTIAL ZONE; RR-10
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 develepment.
F. GlusteF development.
F E.Recreation-oriented facility requiring large acreage such as off -road vehicle track or race track,
but not including a rodeo grounds.
W.F. A disposal site which includes a land disposal site for which the Department of Environmental
Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings
necessary for its operation.
�.G. Cemetery.
J-H. Time-share unit or the creation thereof.
K:l_Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
�I.J. Bed and breakfast inn.
M-.K. Golf course.
41-1.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.
&.M. Religious institutions or assemblies.
RL.N. Public Uses.
14 of 52
Q-.O. Semipublic Uses.
R-.P. Commercial horse stables.
&O..Private or public school, including all buildings essential to the operation of such a school.
T-.R. Manufactured dwelling park or recreational vehicle park on a lot or parcel in use as a
manufactured dwelling 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 dwelling park or recreational vehicle
park, including expansion, conversion and combination of such uses on the same lot or parcel,
as configured on June 12, 1996.
kLS.The full or partial conversion from a manufactured dwelling park or recreational vehicle park
described in DCC 18.60.030 (T) to a manufactured dwelling park or recreational vehicle park on
the same parcel, as configured on June 12, 1996.
V.T. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
A U. 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.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 83-033 §5 on 611511983
Amended by Ord. 86-018 §13 on 613011986
Amended by Ord. 90-014 §22 on 711211990
Amended by Ord. 91-005 §32 on 31411991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §1 on 913011991
Amended by Ord. 92-004 §10 on 21711992
Amended by Ord. 93-043 §§8A and 88 on 812511993
Amended by Ord. 94-008 §13 on 61811994
Amended by Ord. 96-021 §1 on 212811996
Amended by Ord. 96-038 §2 on 611211996
Amended by Ord. 97-017 §3 on 311211997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §5 on 1211212001
Amended by Ord. 2004-002 §8 on 412812004
Amended by Ord. 2009-018 §2 on 111512009
Amended by Ord. 2020-001 §5 on 412112020
Amended by Ord. 2023-001 §8 on 513012023
Amended by Ord. 2025-002 §12 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
15 of 52
18.60.060 Dimensional Standards
In an RR-10 Zone, the following dimensional standards shall apply:
A. Lot coverage shall not exceed 30 percent of the lot area.
B. No structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under
DCC 18.120.040.
C. Minimum lot area shall be 10 acres, exeept ^'a^^^d- -^d- efluster. devel^p.,. ents shall be .,n^,.,^,�
an equivalent density ef ene unit peF 7.5 arcres. 'Planned
Am let size
gFanted puFs ant to DGG 18.E 20.020(D). For lots or parcels separated by new arterial rights of
way. an exemption to the lot area requirements of this section shall be granted pursuant to DCC
18.120.020.
HISTORY
Adopted by Ord. PL-15 §4.120 on 111111979
Amended by Ord. 92-055 §6 on 811711992
Amended by Ord. 93-034 §1 on 613011993
Amended by Ord. 2025-002 §12 on 212612025
Amended by Ord. 2025-xxx §x on xlxxl2025
18.66.020 Residential (TeR) District
The Terrebonne Residential District allows a mixture of dwelling types and densities suited to the level of
available water and sewer facilities. The purpose of this district is to allow new residential development
that is compatible with the rural character of the area.
A. Permitted uses. The following uses and their accessory uses are permitted outright and do not
require site plan review under DCC 18.124:
1. A single -unit dwelling or a manufactured dwelling subject to DCC 18.116.070.
2. A duplex.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Agricultural uses as defined in DCC 18.04, involving:
a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the
total number of such animals over the age of six months is limited to the lot area
divided by 20,000 square feet.
16 of S2
b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total
number of such animals over the age of six months does not exceed one for
each 500 square feet of lot area.
5. Class I and II road or street project subject to approval as part of a land partition,
subdivision, or subject to the standards of DCC 18.66.070 and 18.116.230.
6. Class III road or street project.
7. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
8. Residential home.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124 Site Plan Review, of this title:
1. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128:
1. Manufactured dwelling park.
2. Multi -unit dwelling.
3. Retirement center or nursing home.
5-4. Religious institutions or assemblies.
& . Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
7--.6. Public or private school.
8:7. Park.
-3-.8. Public or semi-public building.
1-0 9. Utility facility.
4-1-.10. Water supply or treatment facility.
3-2-.11. Veterinary clinic.
1342. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
4413. 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.
17 of 52
4-5-14. Residential facility.
HISTORY
Adopted by Ord. 97-003 §2 on 61411997
Amended by Ord. 97-063 §3 on 1111211997
Amended by Ord. 2004-002 §13 on 412812004
Amended by Ord. 2020-001 §7 on 412112020
Amended by Ord. 2020-010 §3 on 71312020
Amended by Ord. 2024-008 §9 on 11712025
Amended by Ord. 2025-002 §15 on 212612025
Amended by Ord. 2025-xxx §x on xlxxl2025
CHAPTER 18.84 LANDSCAPE MANAGEMENT COMBINING ZONE; LM
18.84.080 Design Review Standards — General/Discretionary Standards
18.84.081 Design Review Standards — Clear and Obiective Standards
18.84.090 Setbacks — General/Discretionary Standards
18.84.091 Setbacks — Clear and Obiective Standards
18.84.020 Application Of Provisions
The provisions of DCC 18.84 shall apply to all areas within one-fourth mile of roads identified as
landscape management corridors in the Comprehensive Plan and the County Zoning Map. The provisions
of DCC 18.84 shall also apply to all areas within the be .,daFies of a State sEenie at,,. -way er Cnrl�r �
identified as
landscape management corridors in the comprehensive plan and the County Zoning Map. The distance
specified above shall be measured horizontally from the center line of designated landscape
management roadways or from the nearest ordinary high water mark of a designated landscape
management river or stream. The limitations in DCC 18.84.20 shall not unduly restrict accepted
agricultural practices.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2025-xxx §x on x/xx/2025
18 of 52
18.84.030 Uses Permitted Outright
Uses permitted in the underlying zone with which man LM Zone is combined shall be permitted in tie
an LM Zone, subject to the provisions in DCC 18.84.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2025-xxx §x on xlxxl2025
18.84.040 Uses Permitted Conditionally
Uses permitted conditionally in the underlying zone with which #'-an LM Zone is combined shall be
permitted as conditional uses in the -an LM Zone, subject to the provisions in DCC 18.84.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2025-xxx §x on x/xx/2025
18.84.050 Use Limitations
A. Any new structure or substantial exterior alteration of a structure requiring a building permit or
an agricultural building or equine facilityr-e within an LM Zone shall obtain site plan
approval in accordance with DCC 18.84 prior to construction. As used in DCC 18.84 substantial
exterior alteration consists of an alteration which exceeds 25 percent in the size building
massfloor area or 25 percent of the assessed value of the structure. For the purpeses of this
B. General/Discretionary Standards. Structures and/or lots or parcels which are not visible from the
designated roadway, river, or stream and which are assured of remaining not visible because of
vegetation, topography, or existing development are exempt from the provisions of DCC
18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks). An applicant for site plan
review in the LM Zone shall conform with the provisions of DCC 18.84, or may submit evidence
that the proposed structure and/or lot or parcel will not be visible from the designated road,
river, or stream. Structures not visible from the designated road, river, or stream must meet
setback standards of the underlying zone(s).
19 of 52
C. Clear and Objective Standards. All structures located in an LM Zone shall comply with the
provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks).
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 52 on 312812001
Amended by Ord. 2015-016 55 on 312812016
Amended by Ord. 2025-002 §20 on 212612025
Amended by Ord. 2025-xxx §x on XA?W025
18.84.060 Dimensional Standards
In an LM Zone, the minimum lot area shall be as established in the underlying zoned with which the LM
Zone is combined.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2025-002 §20 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
18.84.070 Application
An application for site plan approval for development in the -an LM Zone shall be submitted to the
Planning Division. The site plan application shall include the following:
A. A plot plan, drawn to scale, showing:
1. Location and dimensions of existing and proposed structures.
2. Setbacks from lot lines (and the ordinary high water line4ver and rimrock, if present).
3. Existing and proposed access.
4. Existing and proposed exterior lighting.
B. A drawing of the proposed structure elevations showing:
1. Exterior appearance.
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2. Average natural grade.
-2-.3. Height dimensions measured from average natural grade.
3-.4. Siding and roofing material and color.
4-.5. Location and size of windows, including skylights.
C. A landscape plan drawn to scale, showing:
Location, size, and species of existing trees six inches in diameter or greater, or existing
shrub vegetation higher than four feet, between the proposed development and the
designated landscape management road, river, or stream.
a. For applications reviewed under General/Discretionary Standards pursuant to
DCC 18.08.050, wWhere a significant amount of vegetation exists, the applicant
may submit a landscape plan may be aeeep a A44k-"that generalizes and
explains how the existing trees and shrubs provide screening. This option is not
available for applications reviewed under Clear and Obiective Standards.
Proposed location and species of introduced vegetation which will screen the proposed
development from the designated landscape management road, river, or stream.
D. A minimum of two colored photographs taken from documented locations, oriented between
the protected resource (river, stream, and or road) and the proposed development, showing the
extent of existing vegetation or other screening.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 93-043 §12 on 812511993
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2003-034 §1 on 1012912003
Amended by Ord. 2025-002 §20 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
18.84.080 Design Review Standards — General/Discretionary Standards
The following standards will be used to evaluate the proposed site plan:
A. Except as necessary for construction of access roads, building pads, septic drainfields, public
utility easements, parking areas, etc., the existing tree and shrub cover screening the
development from the -a designated road, river, or stream shall be retained. This provision does
not prohibit maintenance of existing lawns, removal of dead, diseased, or hazardous vegetation;
the commercial harvest of forest products in accordance with the Oregon Forest Practices Act, or
agricultural use of the land.
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B. It is recommended that new structures and additions to existing structures be finished in muted
earth tones that blend with and reduce contrast with the surrounding vegetation and landscape
of the building site.
C. No large areas, including roofs, shall be finished with white, bright, or reflective materials.
Roofing, including metal roofing, shall be non -reflective and of a color which blends with the
surrounding vegetation and landscape. DCC 18.84.080(C) shall not apply to attached additions to
structures lawfully in existence on April 8, 1992, unless substantial improvement to the roof of
the existing structure occurs.
D. Subject to applicable rimrock setback requirements or rimrock setback exception standards in
DCC 18.84.090(E), all structures shall be sited to take advantage of existing vegetation, trees, and
topographic features in order to reduce visual impact as seen from t4ea designated road, river,
or stream. When more than one nonagricultural structure is to exist and no vegetation, trees, or
topographic features exist which can reduce visual impact of the subject structure, such
structure shall be clustered in a manner which reduces their visual impact as seen from the
designated road, river, or stream.
E. Structures shall not exceed 30 feet in height measured from average natural grade- existing
the at al ,. ad n the side(s) faGing the ad river 9F s+" . For the purposes of this
measurement, "average natural grade" shall be the average of natural ground elevations prior to
development, for the wall closest to and facing the road, river, or stream. Within the LM Zone
along a state scenic waterway or federal wild and scenic river, the height of a structure shall
include chimneys, antennas, flag poles or other projections from the roof of the structure. DCC
18.84.080(E) shall not apply to agricultural buildings or equine facilities es located at least
50 feet from a rimrock.
F. New residential or commercial driveway access to designated landscape management roads
shall be consolidated wherever possible.
G. New exterior lighting, including security lighting, shall be sited and shielded so that it is directed
downward and is not directly visible from at4e designated road, river, or stream.
H. The Planning Director or Hearings Body may require the establishment of introduced landscape
material to screen the new structure or substantial exterior alteration, assure compatibility with
existing vegetation, reduce glare, direct automobile and pedestrian circulation, or enhance the
overall appearance of the development while not interfering with the views of oncoming traffic
at access points, or views of mountains, forests, and other open and scenic areas as seen from
t4e7a designated IandsEape management road, river, or stream. Use of native species shall be
encouraged. (FeFmerly seGtien 1 Q 94 98Q Q
No signs or other forms of outdoor advertising that are visible from a designated Iandsrsape
managemen+road, river, or stream shall be permitted. Property protection signs (No Trespassing,
No Hunting, etc.,) are permitted.
J. A conservation easement as defined in DCC 18.04.030 "Conservation Easement" and specified in
DCC 18.116.220 shall be required as a condition of approval for all landscape management site
plans involving property adjacent to the Deschutes River, Crooked River, Fall River, Little
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Deschutes River, Spring River, VVhychus Creek, and Tumalo Creek. Conservation easements
required as a condition of landscape management site plans shall not require public access.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 90-020 §1 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 93-043 §12A and 128 on 812511993
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 97-058 §1 on 1112611997
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2015-016 §5 on 312812016
Amended by Ord. 2018-006 §11 on 1112012018
Amended by Ord. 2020-007 §13 on 1012712020
Amended by Ord. 2025-002 §20 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
18.84.081 Design Review Standards — Clear and Obiective Standards
A. All existing tree and shrub cover between the development and the designated road, river, or
stream shall be retained. This provision does not prohibit maintenance of existing lawns, or
removal of dead diseased, or hazardous vegetation as part of a housing application.
1. For the purposes of this provision, "hazardous" means either:
a. A tree or branch that has been identified by arborist as an imminent danger to
people or property; or
b. Vegetation that is subject to mandatory firebreak, fuel break, or defensible
space requirements under the ORS, OAR, DCC Chapter 8.21, and/or- DCC Title
18.
B. New structures and additions to existing structures, provided that they add one or more
dwelling units shall be finished in a color listed in Appendix A (DCC 18.18A) or with natural
unpainted wood or stone.
C. Roofing including metal roofing, shall be non -reflective and shall have a light reflectance value
(LRV) of 40 or less.
D. Subject to applicable rimrock setback requirements or rimrock setback exception standards in
DCC 18. 84.090(E), when there are existing topographic features, such as rocky outcrops, knolls,
hills or ridges that have the ability to obscure any portion of the proposed structure, as viewed
from the designated road, river or stream, the proposed structure shall be located such that the
topographic feature(s) is situated between the structure and the designated road, river, or
stream.
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E. Structures shall not exceed 30 feet in height measured from lowest adiacent natural grade. For
the purposes of this measurement, "lowest adiacent natural grade" shall be the lowest natural
ground elevation adjacent to the structure prior to development. Within an LM Zone along a
state scenic waterway or federal wild and scenic river, the height of a structure shall include
chimneys antennas, flag poles, or other projections from the roof of the structure.
F. No driveway access to a designated landscape management road for a dwelling unit shall be
permitted.
G. New exterior lighting, including security lighting, shall be sited and shielded so that it is directed
downward and is not directly visible from a designated road, river, or stream.
H. Screening shall be provided between a proposed dwelling unit and any designated road, river, or
stream. At least one non -deciduous tree that will reach a mature diameter of 10 inches or
greater as measured four feet above the ground (known as DBH, "diameter at breast height")
shall be planted for every 15 horizontal feet of wall facing or visible from any point along a
designated road, river, or stream. Required non -deciduous trees at planting must be a minimum
six feet in height measured from the soil to the top of the tree. Existing, retained, non -deciduous
trees may count toward the required tree planting. Use of native species is encouraged, but not
required. Plantings shall conform with the defensible space standards of DCC Chapter 8.21.
1. No signs or other forms of outdoor advertising that are visible from a designated road, river, or
stream shall be permitted. Property protection signs (No Trespassing, No Hunting, etc.,) are
permitted.
J. A conservation easement as defined in DCC 18.04.030 "Conservation Easement" and specified in
DCC 18.116.220 shall be required as a condition of approval for all landscape management site
plans involving a lot or parcel adjacent to the Deschutes River, Crooked River, Fall River, Little
Deschutes River, Spring River, Whychus Creek, and Tumalo Creek. Conservation easements
required as a condition of landscape management site plans shall not require public access.
HISTORY
Adopted by Ord. 2025-xxx §x on x6(0025
18.84.090 Setbacks — General/Discretionary Standards
A. Except as provided in DCC 18.84.090, the minimum setbacks shall be those established in the
underlying zone(s) with which t ea LM Zone is combined. The larger miRUMUMmore restrictive
setback requirement shall govern in all cases.
B. Road Setbacks. All new structures or additions to existing structures on lots or parcels with street
frontage on a designated landscape management road shall have a minimum setback of 100 feet
from the edge of the designated road right-of-way unless the Planning Director or Hearings Body
finds that:
1. A location closer to t4e-a designated road would more effectively screen the building
structure from the road; or protect a distant vista; or
24 of 52
2. The lot wodth -dimensions makes a 100-foot setback not feasible; or
3_Buildings on both lots or parcels abutting the subject lot or parcel have front setbacks of
less than 100 feet and the abutting buildings ^^ *"^ a-h-Ut';Mg'OtS eF ^aF^ are within
100 feet of the lot lines of the subject property, and the depth of the front setback area
is not less than the average depth of the front setback areas of the abutting lots or
parcels.
3-4. If the above findings are made, the Planning Director or Hearings Body may approve a
less restrictive front setback which will be appropriate to carry out the purpose of the
zone.
C. River and Stream Setbacks. All new structures or additions to existing structures shall have a
minimum setback of at least 100 feet from the ordinary high water Aline of designated
streams and rivers or obtain a setback exception in accordance with DCC 18.120.030. For the
purpose of DCC 18.84.090L , decks are considered part of a structure and must conform with
the setback requirement.
The placement of on -site sewage dispes-a wastewater systems shall be subject to joint review by
the Planning Director or Hearings Body and the Deschutes County Onsite Wastewater Division.
The placement of such systems shall minimize the impact on the vegetation along the river or
stream and shall allow a dwelling unit to be constructed on the site as far from the river, stream
or lake as possible. Sand filter or alternative treatment technology systems may be required as
replacement systems when this will allow a dwelling unit to be set back 4K,-Aed--further from the
river or stream, or to meet the 100-foot setback requirement.
D. Rimrock Setbacks. New structures (including decks or additions to existing structures) shall have
a minimum setback of 50 feet from the rimrock in an LM Zone. An exception to this setback may
be granted pursuant to the provisions of DCC 18.84.090(E).
E. Rimrock Setback Exceptions. An exception to the 50-foot rimrock setback maybe granted by the
Planning Director or Hearings Body, subject to the following standards and criteria.
An exception shall be granted when the Planning Director or Hearings Body finds one of
the following is metthat:
a. A lesser setback will make the structure less visible or completely screened from
the river or stream;
b. The subject lot or parcel was a lot of record prior to the adoption of this
ordinance;
c. Dwelling units (including decks) on both lots or parcels abutting the subject lot
or parcel are within 50 feet of the rimrock and the buildings on the abutting lots
or parcels are within 100 feet of the lot lines of the subject lot or )arcel y;
or
d. Adherence to the 50-foot setback would prevent the structure from being sited
on the lot or parcel.
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2. A dwelling unit qualifying for a rimrock: setback exception under the criteria set forth in
the above shall comply with all of the following standards .
a. The structure shall be designed and sited to minimize the visual impact when
viewed from the ordinary high water FnanlFline on the far side of the river or
stream. This shall be determined by viewing the pF9peFVV-lot or parcel from the
ordinary high water ma* line immediately across from the center of the river
frontage on which the structure is proposed with like evaluations being made
300 feet upstream and downstream on either side of that point over the entire
length of river frontage on which the structure is proposed.
b. Existing trees and shrubs which reduce the visibility of the proposed structure
shall be retained.
c. The height of the structure shall not exceed the setback from the edge of the
rimrock, except as described in the exception section (f), below.
d. No structure (including decks) shall be located closer than 20 feet from the edge
of the rimrock unless the Planning Director or Hearings Body finds that the
lesser setback will make the structure less visible or the structure is completely
screened from the river or stream except as described in the exception section
(f), below.
e. Where multiple nonagricultural structures are proposed on a lot or parcel, the
structures shall be grouped or clustered so as to maintain a general appearance
of open landscape for the affected area. This shall require a -maintenance of at
least 65 percent open space along the rimrocks within - on the subject lots or
parcels.
f. Exception: For vacant lots or parcels less than one-half acre, existing prior to the
adoption of Ordinance 92 _034, with undulating rimrock, and where there are
lawfully established dwelling units within 100 feet of the abutting lot lines on
the subject property on both of the abutting lots or parcels with rimrock
setbacks less than the depth required in section (d) above, the dwelling unit
setback shall meet the following criteria:
1. The setback shall be the average distance between the dwelling units on
each abutting lot or parcel, as measured from each subject lot or
parcel's front lot line to the furthest point of the dwelling unit facing the
river or stream.
2. The height of the structure shall not exceed the height of the tallest
dwelling unit on an abutting lot or parcel and in no case shall exceed 24
feet, except for chimneys.
3. The highest ridgeline shall slope up and away from, and run parallel
with, the river or stream.
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Dormers are prohibited on the riverside or streamside of the dwelling
unit and are allowed on the street -side of the dwelling unit with the
height not exceeding the height of the ridgeline.
5. The setback for decks on the rimrock side of the dwelling unit shall be
the average of the decks on the abutting lots or parcels as measured
from the front lot line of the subject property and in no case shall
extend and protrude over the rimrock.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 on 512911991
Amended by Ord. 92-034 §2 on 41811992
Amended by Ord. 95-075 §3 on 1112911995
Amended by Ord. 2000-033 53 on 121612000
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2005-002 §1 on 1151200.5
Amended by Ord. 2007-020 §5 on 21612008
Amended by Ord. 2025-002 §20 on 212612025
Amended by Ord. 2025-xxx §x on xlxxl2025
18.84.091 Setbacks — Clear and Objective Standards
A Except as provided in DCC 18.84.091 the minimum setbacks shall be those established in the
underlying zone(s) with which an LM Zone is combined. The more restrictive setback
requirement shall govern in all cases.
B. Road Setbacks All new structures or additions to existing structures on a lot or parcel with street
frontage on a designated landscape management road shall be set back at least 100 feet from
the front lot line with street frontage on a designated landscape management road.
C. River and Stream Setbacks. All new structures on -site wastewater systems, and additions to
existing structures shall be set -back at least 100 feet from the ordinary high water line of
designated streams rivers and lakes. For the purpose of DCC 18.84.091(C), decks are considered
part of a structure and must conform with theis setback requirement. An exception to this
setback may be granted for additions to existing dwelling unit, pursuant to the provisions of DCC
18.120.030(D).
D. Rimrock Setback. New structures (including decks or additions to existing structures) shall be 50
feet from the rimrock in an LM Zone.
HISTORY
Adopted by Ord. 2025-xxx §x on VW2025
27 of 52
CHAPTER 18.84A Appendix A. LM Zone: Approved Clear & Objective Color Palette
Pursuant to DCC 18.84.081 exterior siding for development reviewed under Clear and Objective Design
Review Standards in an LM zone must conform to the approved color palette. The following approved
palette of swatches is selected from the Miller Paint Northwest Color Collection. Proposed exterior finish
colors are required to match colors in the approved palette but do not need to be Miller Paint brand.
28 of 52
CHAPTER 18.88 WILDLIFE AREA COMBINING ZONE; WA
18 88.050 Dimensional Standards — General/Discretionary Standards
18 88.051 Dimensional Standards — Clear and Obiective Standards
18.88.010 Purpose
The purpose of the Wildlife Area Combining Zone is to conserve important wildlife areas in Deschutes
County; to protect an important environmental, social,, and economic element of the area; and to permit
development compatible with the protection of the wildlife resource.
HISTORY
Adopted by Ord. PL-15 §4.190(1) on 111111979
Amended by Ord. 93-043 §§13 and 13A on 812511993
Amended by Ord. 2025-xxx §x on x/xx/2025
18.88.020 Application Of Provisions
The provisions of DCC 18.88 shall apply to all areas identified in the Comprehensive Plan as a winter deer
range, significant elk habitat, antelope range, or deer migration corridor. Unincorporated remrnu it es
Communities are exempt from the provisions of DCC 18.88.
HISTORY
Adopted by Ord. PL-15 §4.190(2) on 111111979
Amended by Ord. 92-042 §1 on 81511991
Amended by Ord. 96-003 §6 on 312711996
Amended by Ord. 2004-013 §9 on 912112004
Amended by Ord. 2025-xxx §x on x/xx/2025
18.88.040 Uses Permitted Conditionally
A. Except as provided in DCC 18.88.040(B), in a zone with which the WA Zone is combined, the
conditional uses permitted shall be those permitted conditionally by the underlying zone subject
to the provisions of the Comprehensive Plan, DCC 18.128 and other applicable sections of this
title. To minimize impacts to wildlife habitat, the County may include conditions of approval
limiting the duration, frequency, seasonality, and total number of all outdoor assemblies
occurring in the WA Zone, whether or not such outdoor assemblies are public or private, secular
or religious.
B. The following uses are not permitted in that portion of the WA Zone designated as deer winter
ranges, significant elk habitat, or antelope range:
1. Golf course, not included in a destination resort;
2. Commercial dog kennel;
29 of 52
3. Public or private School;
4. Bed and breakfast inn;
5. Dude ranch;
6. Playground, recreation facility or community center owned and operated by a
government agency or a nonprofit community organization;
7. Time-share unit;
8. Veterinary clinic;
9. Fishing lodge.
C. Subject to DCC 18.88.040(E), the following uses are permitted in that portion of the WA zone
designated as the Bend/La Pine Deer Migration Corridor as conditional uses:
1. Religious institutions or assemblies;
2. Public or private school;
3. Bed and breakfast inn;
4. Playground, recreation facility or community center owned and operated by a
government agency or a nonprofit community organization;
D. Subject to DCC 18.113, destination resorts are allowed as a conditional use in that portion of the
WA zone designated as the Bend/La Pine Deer Migration Corridor as long as the property is not
in an area designated as "Deer Migration Priority Area" on the 1999 ODFW map submitted to
the South County Regional Problem Solving Group.
E. Use limitations. The uses listed in DCC 18.88.040(C) are subject to the applicable provisions of
DCC 18.116 and 18.124 and the following criteria:
1. The lot or parcel shall be zoned RR-10;
2. The lot or parcel shall be located within one -quarter mile of a rural service center and
abut a rural collector or a rural arterial identified on the Deschutes County
Transportation Plan;
3. The lot or parcel shall be have a lot area not less than one acre and no more than five
acres;
4. The lot or parcel shall be farther than 100 feet from identified wetlands, floodplains, or
riparian areas.
5. The lot or oarcelprepert� shall be outside areas designated as "Existing High Use
Migration Areas" or "Important Connective Areas Through Existing Developed Areas" on
the 1997 ODFW map submitted to the South County Regional Problem Solving Group.
6. Fences developed as part of the conditional uses listed in DCC 18.88.040(C) shall be built
from posts and poles or smooth wire and shall have a minimum bottom pole or wire
30 of 52
height of 18 inches from the ground and a maximum top pole or wire height of 40 inches
from the ground. Fences exempted from these standards shall be constructed in
accordance with the provisions of DCC 18.88.070(B).
F. Expansion of any use listed in DCC 18.88.040(B) that was lawfully established prior to August 5,
1992, is allowed, subject to provisions of DCC Title 18 applicable to the establishment of such
uses. Expansion of golf courses under DCC 18.88.040 shall be limited to a final size of 18 holes.
HISTORY
Adopted by Ord. PL-15 §4.190(4) on 111111979
Amended by Ord. 92-042 §1 on 81511991
Amended by Ord. 95-001 §3 on 312911995
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 98-013 §1 on 112811998
Amended by Ord. 2001-019 §1 on 412512001
Amended by Ord. 2018-003 §1 on 112512018
Amended by Ord. 2020-001 §11 on 412112020
Amended by Ord. 2025-002 §21 on 212612025
Amended by Ord. 2025-xxx §x on x1xx/2025
18 88 050 Dimensional Standards - General/Discretionary Standards
In a WA Zone, the following dimensional standards shall apply:
A. In the Tumalo, Metolius, North PaulinaL and Grizzly deer winter ranges designated on+n the
Comprehensive- Plan Element County's official zoning map, the minimum lot size for
new lots or parcels shall be 40 acres except as provided in DCC 18.88.050(D).
B. In areas designated as significant elk habitat in the GempFeheRsi a Plan Reseuree Element
County's official zoning map, the minimum lot size for new lots or parcels shall be 160 acres.
C. In areas designated as antelope range in the C V. pF t,eRS4ye Plan R s,,. Fee Element County's
official zoning map, the minimum lot size for new lots or parcels shall be 320 acres.
D. Residential land divisions, including partitions, in deer winter range where the underlying zone is
RR-10 or MUA-10, shall not be permitted except as a planned development or cluster
development conforming to the following standards:
1. The minimum lot area for a planned or cluster development shall be at least 40 acres.
2. The planned or cluster development shall retain a minimum of 80 percent of the lot area
as open space and conform with the provisions of DCC 18.128.200 or DCC 18.128.210.
Notwithstanding the of DGG 18.129.200, or DCC 19.128.210, DCC
18.60.068(G- other provisions in Title 18, the total number of dwelling units in a cluster
development may not exceed the density permitted in the underlying zone.
31 of 52
E. Residential land divisions, including partitions, in the Bend/La Pine Deer Migration Corridor
designated on the County's official zoning map where the underlying zone is RR-10 shall not be
permitted except as a cluster development conforming to the following standards:
1. The minimum lot area for a cluster development shall be at least 20 acres.
2. The cluster development shall retain a minimum of 80 percent of the lot area as open
space and conform with the provisions of DCC 18.128.200 or 210.
3. Notwithstanding other provisions in Title 18the IaFevisiens nef nrr OF DGG
18.60.069(G), the total number of dwelling units_in the cluster development may not
exceed the density permitted in the underlying zone.
HISTORY
Adopted by Ord. PL-15 §4.190(6) on 111111979
Amended by Ord. 92-042 §1 on 81511991
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 2025-002 §21 on 212612025
Amended by Ord. 2025-xxx §x on x1xx/2025
18.88.051 Dimensional Standards — Clear and Objective Standards
In a WA Zone, the following dimensional standards shall apply:
A. In the Tumalo, Metolius, North Paulina, and Grizzly deer winter ranges designated on the
County's Official Zoning map, the minimum lot for new lots or parcels shall be 40 acres except as
provided in DCC 18.88.051(D).
B. In areas designated as significant elk habitat in the designated iron the County's Official Zoning
map, the minimum lot size for new lots or parcels shall be 160 acres.
C. In areas designated as antelope range in the designated on the County's Official Zoning map, the
minimum lot size for new lots or parcels shall be 320 acres.
D. Land divisions creating lots or parcels eligible for a dwelling unit in deer winter range where the
underlying zone is RR-10 or MUA-10, are not permitted.
E. Land divisions creating lots or parcels eligible for a dwelling unit in the Bend/La Pine Deer
Migration Corridor designated on the County's Official Zoning map where the underlying zone is
RR-10 are not permitted.
HISTORY
Adopted by Ord. 2025-xxx §x on x1x42025
18.88.060 Siting Standards
A. Setbacks shall be those described in the underlying zone with which the WA Zone is combined.
B. Dwelling Unit Placement.
32 of 52
1. General/Discretionary Standard: The structural footprint, including decks and porches,
for new dwelling units shall be located entirely within 300 feet of public roads, private
roads, or recorded easements for vehicular access existing as of August 5, 1992, unless it
can be found that:
a. Habitat values (i.e., browse, forage, cover, access to water) and migration
corridors are afforded equal or greater protection through a different
development pattern; or,
b. The siting within 300 feet of such roads or easements for vehicular access would
force the dwelling unit to be located on irrigated land, in which case, the
dwelling unit shall be located to provide the least possible impact on wildlife
habitat considering browse, forage, cover, access to water, and migration
corridors, and minimizing length of new access roads and driveways; or,
c. The dwelling unit has a maximum setback of no more than 50 feet from the
edge of a driveway that existed as of August 5, 1992.
2. Clear and Obiective Standard: The structural footprint, including decks and porches, for
dwelling unit shall be located entirely within 300 feet of public roads, private roads, or
recorded easements for vehicular access existing as of August 5, 1992.
&C.Genera I/Discretionary Standards: Submitting evidence ff-or purposes of DCC 18.88.060(B)Lll:
1. A private road, easement for vehicular access, or driveway will conclusively be regarded
as having existed prior to August 5, 1992, if the applicant submits any of the following:
a. A copy of an easement recorded with the County Clerk prior to August 5, 1992,
establishing a right of ingress and egress for vehicular use;
b_An aerial photograph with proof that it was taken prior to August 5, 1992, on
which the road, eat, or driveway allowing vehicular access is visible;
1. An aerial photograph will be found to meet DCC 18.88.060(C)(1)(b) if
and only if a continuous, improved, or cleared vehicular travel surface of
at least 10 feet in width is clearly visible on such photograph.
Vic. A map published prior to August 5, 1992, or aAssessor's map from prior to
August 5, 1992, showing the road (but not showing a mere trail or footpath).
2. An applicant may submit any other evidence thought to establish the existence of a
private road, easement for vehicular access, or driveway as of August 5, 1992, which
evidence need not be regarded as conclusive.
D. Clear and Obiective Standards: Submitting evidence for purposes of DCC 18.88.060(B)(2):
1. A private road, easement for vehicular access, or driveway will conclusively be regarded
as having existed prior to August 5, 1992, if the applicant submits any of the following:
33 of 52
a. A copy of an easement recorded with the County Clerk prior to August 5, 1992,
establishing a right of ingress and egress for vehicular use;
b United States Geological Survey Topographic Map published prior to August 5,
1992 showing the road (but not showing a mere trail or footpath).
HISTORY
Amended by Ord. 92-042 §1 on 81511991
Amended by Ord. 95-001 §3 on 312911995
Amended by Ord. 2025-002 §21 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
CHAPTER 18.90 SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE; SBMH
18.90.060 Site Plan Review Criteria — General/Discretionary Criteria
18 90 061 Site Plan Review Criteria — Clear and Obiective Criteria
18.90.010 Purpose
The purpose of the Sensitive Bird and Mammal Combining Zone is to iesuFeensure that sensitive habitat
areas identified in the County's Goal 5 sensitive bird and mammal inventory as critical for the survival of
the northern bald eagle, great blue heron, golden eagle, prairie falcon, osprey, great grey owl, and the
Townsend's big -eared bat are protected from the effects of conflicting uses or activities which are not
subject to the Forest Practices Act. This objective shall be achieved by implementation of the decision
resulting from the economic, social, environmental, and energy analysis (ESEE) for each inventoried
sensitive habitat area.
HISTORY
Adopted by Ord. 92-042 §2 on 81511991
Amended by Ord. 94-005 §1 on 611511994
Amended by Ord. 2015-011 §2 on 1211112015
Amended by Ord. 2025-xxx §x on x/xx/2025
18.90.020 Definition Of Sensitive Habitat Area
A. The sensitive habitat area is the area identified in the Deschutes County Comprehensive Plan
Natural Resources Element inventory and the County's official zoning map iteFy and site
specific ESEE for each sensitive bird or mammal site. The sensitive habitat area to be protected
by the provisions of DCC 18.90 is defined as the area:
1. Within a radius of 1,320 feet of a golden eagle, bald eagle, prairie falcon nest, or a
Townsend's big -eared bat hibernating or nursery site.
2. Within a radius of 300 feet of a great blue heron rookery or osprey nest.
3. Within a radius of 900 feet of a great grey owl nest site.
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B. Inventoried sensitive bird or mammal sites located on federal land are not subject to the
provisions of DCC 18.90 unless the sensitive habitat area identified in DCC 18.90.020(A)(1)
extends onto nonfederal land.
HISTORY
Adopted by Ord. 92-042 §2 on 81511991
Amended by Ord. 93-043 §14 on 812511993
Amended by Ord. 94-005 §1 on 611511994
Amended by Ord. 2015-011 §1 on 1211112015
Amended by Ord. 2025-xxx §x on xlxxl2025
18.90.050 Site Plan Review Requirement
A. For those proposals identified in DCC 18.90.040 to be sited within an inventoried sensitive
habitat area, as defined under DCC 18.90.020, a site plan shall be prepared in accordance with
the requirements of DCC 18.90.050. The site plan shall be approved prior to issuance of a
building permit, land division, conditional use permit, or site plan identified in DCC 18.90.040.
B. The site plan application shall provide the following information:
1. A plot plan showing the location of all development including existing and proposed
roads, driveways, and structures.
2. Description of operating characteristics of the proposed use including times when
activity within the sensitive habitat area would generate noise, dust, vibration, lights,
traffic, or be visible from the nest, rookery or hibernation site.
3. Timing of construction activities including grading or filling land, hauling materials, and
building.
4. Description of existing vegetation and vegetation to be removed for the proposed
development.
C. The County shall submit a copy of the site plan to the Oregon Department of Fish and Wildlife
for comment. ODFW shall have 20 days from the date the site plan is mailed to submit written
comments to the County.
D. Based upon the record, and evaluation of the proposal based on the criteria in DCC 18.90.060 or
18.90.061 as applicable, and conformance with the specific ESEE analysis for the sitecontained
ip the Q j;p--r o ElpmP t of the GepApFehe siye Pla the County shall approve or reject the site
plan. In lieu of rejection of the site plan, the County may allow the applicant to revise the site
plan if the applicant has not met the standards for approval. The Aapplicant shall waive the 150-
day time limit if it chooses to revise the site plan.
E. Approval of a site plan under DCC 18.90.050 shall be conditioned upon ap ,,the property
owner's implementation of the plan.
HISTORY
Adopted by Ord. 92-042 §2 on 81511991
35 of 52
Amended by Ord. 93-043 §148
Amended by Ord. 94-005 §1 on 6115,11994
Amended by Ord. 95-075 §1 on ? 112-911995
Amended by Ord. 2015-011 §2 on 1211112015
Amended by Ord. 2020-007 §14 on 1012712020
Amended by Ord. 2025-002 §23 on 212612025
Amended by Ord. 2025-xxx §x on xlxxl2025
18.90.060 Site Plan Review Criteria — General/Discretionary Criteria
Approval of the site plan shall be based on the following criteria:
A. The site plan shall consider the biology of the identified sensitive species, nesting trees, critical
nesting periods, roosting sites, and buffer areas. Based on the biology of the species and the
characteristics of the site, the site plan shall provide protection that will prevent destruction of
the subject nesting site, hibernation site, or rookery and will, to a reasonable certainty, avoid
causing the site to be abandoned.
B. Development activities, including grading and fi4earthmoving, mining, construction, or activities
generating noise or dust within the sensitive habitat area shall be prohibited during the nesting,
strutting, or hibernation season identified in the site specific ESEE analysis and decision for each
habitat site. An exception to this standard may be made if the Oregon Department of Fish and
Wildlife determines in writing that the nest, or rookery is not active and will not become active
during the proposed construction period or if the sensitive birds have fledged. Construction
activities within an enclosed structure may be conducted during the nesting, strutting, or
hibernation season. Construction activities necessary to repair an existing onsite septic system or
to replace or repair a structure destroyed or damaged by fire or other natural causes may be
conducted during the nesting, strutting, or hibernation season.
C. New roads, driveways, or public trails shall be located at the greatest distance possible from the
nest, rookery, or hibernation site unless topographic or vegetation or structural features will
provide greater visual and/or noise buffer from the nest, rookery, or hibernation site.
D. Existing vegetation or other landscape features which are located on the subject pFe lot or
parcel and which obscure the view of the nest, rookery, or hibernation site from the proposed
development, shall be preserved and maintained. A restrictive covenant to preserve and
maintain vegetation shall be required when specified in the ESEE for the site.
E. No partitions or subdivisions shall be permitted which would force location of a dwelling unit or
other structure, not otherwise permitted by the site specific ESEE, within the designated
sensitive habitat area.
F. All exterior lighting, including security lighting shall be sited and shielded so that the light is
directed downward and does not shine on the subject nest, rookery, or hibernation site.
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G. The site plan shall conform with the requirements of the ESEE decision for the subject sensitive
bird or mammal site contained in the Natural Resources Element of the Deschutes County
Comprehensive pPlan.
HISTORY
Adopted by Ord. 94-005 §1 on 611511994
Amended by Ord. 2015-011 §2 on 1211112015
Amended by Ord. 2025-002 §23 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
18.90.061 Site Plan Review Criteria — Clear and Obiective Criteria
Approval of the site plan shall be based on the following criteria:
A. The site plan shall conform with the requirements of the ESEE decision for the subject sensitive
bird or mammal site. Where the ESEE decision provides the option to reduce a requirement
through discretionary standards or review, such option shall only be available under the
General/Discretionary Criteria in DCC 18.90.060.
B. The following additional limitations shall apply. In the event of conflicting provisions between
the following standards and the ESEE decision, the more restrictive provision shall control:
1. All development within the sensitive habitat area shall be prohibited during the time
period identified in the site specific ESEE decision for each habitat site. This provision
supersedes any allowance for development during the time period identified.
Construction activities within an enclosed structure may be conducted during the
identified period.
2. New roads or driveways shall be set back at least 500 feet from the sensitive habitat site.
3. Existing vegetation or other landscape features which are located on the subject lot or
parcel between the proposed development and the sensitive habitat site shall be
preserved and maintained. A restrictive covenant to preserve and maintain vegetation
shall be required when specified in the ESEE for the site.
4. Land divisions creating lots or parcels eligible for a dwelling unit are prohibited.
5. Exterior Lighting.
a. All exterior lighting, including security lighting, shall be sited and designed as a
full cut-off fixture or have a shielding method to direct light emissions down
onto the site and not shine direct illumination on the sensitive habitat site.
b. For the purposes of these lighting standards, the following definitions shall
apply:
i. Full cut-off means a light fixture designed and constructed so light is
directed down and no light is projected above the horizontal plane.
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i:ii. Shielding means an externally applied device such as a shroud or
hood of metal, wood, opaque plastic, or opaque painted glass so
light emitted by the fixture is directed downward below the
horizontal plane.
HISTORY
Adopted by Ord. 2025-xxx §x on x/x/2025
CHAPTER 18.108 URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
18.108.040 Multiple Unit Residential; RM District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright
subject to the applicable provisions of DCC 18.116, DCC 18.124, and DCC Title 17:
1. A duplex.
2. Multi -unit dwellings and dwelling unit groups, including townhouses and condominiums.
3. Uses permitted outright in the RS District.
5-4. Recreational path.
6-5. Residential home.
7- 6. Residential facility.
9-.7. Type 1 Home Occupation, subject to DCC 18.116.280.
B. Conditional Uses Permitted. The following conditional uses maybe permitted subject to DCC
18.116, 18.124, and 18.128:
1. Park, playground and picnic and barbecue area.
2. Fire station.
3. Library.
4. Museum.
5. Utility substations or pumping stations with no equipment storage or sewage treatment
facilities.
6. Off-street parking lots when abutting a less restrictive zoning district.
7. Community center.
8. Religious institutions or assemblies.
9. Temporary sales office for on -site dwelling units.
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10. Interval ownership and/or +:ime-share unit or the creation thereof.
11. Health and fitness facility.
C. Height Regulations. No structure shall be hereafter erected, enlarged, or structurally altered to
exceed 30 feet in height.
D. Lot or Parcel Requirements. The following lot or parcel requirements shall be observed:
1. Duplexes and multi -unit dwellings:
a. Lot Area. Every lot or parcel shall have a minimum lot area of 5,000 square feet
for the first dwelling unit, plus the following minimum lot area based upon the
number of bedrooms per additional dwelling unit in the following table:
Studio or Efficiency
750 sq. ft.
1 Bedroom
1,000 sq. ft.
2 Bedrooms
1,500 sq. ft.
3 Bedrooms
2,250 sq. ft.
4 Bedrooms
2,500 sq. ft.
The overall density shall not exceed eight dwelling units per acre.
b. Lot Width. Every lot or parcel shall have a minimum lot width of 50 feet.
c. Frontage. Every lot or parcel shall have a minimum street frontage of 50 feet,
except that on an approved cul-de-sac this may be reduced to 30 feet.
d. Front Setback. The front setback shall be a minimum of 10 feet.
e. Side Setback. There shall be a minimum side setback of five feet and the sum of
the side setbacks shall be a minimum of 15 feet. The side setbacks shall be
increased by one-half foot for each foot by which the structure height exceeds
15 feet.
f. Rear Setback. The rear setback shall not be less than five feet. The rear setback
shall be increased by one-half foot for each foot by which the structure height
exceeds 15 feet.
g. Lot Coverage. Lot coverage shall not exceed 40 percent of the total lot area.
2. Townhouses, condominiums, and zero lot line dwelling units,
deaeleeRts:
a. There shall be no minimum lot area for townhouse, condominium, and zero lot
line developments, or planned YR.t develepmen provided, however, that the
overall density shall not exceed eight dwelling units per acre.
39 of 52
b. Setbacks. Setbacks, lot widths and lot coverage shall be determined at the time
of site plan approval.
3. Single -Unit Dwellings
a. Lot widths, setbacks and lot coverage shall be the same as provided in the RS
District, provided that the overall density shall not exceed eight dwelling units
per acre.
E. Off -Street Parking. Off-street parking shall be provided for a minimum of two cars per dwelling
unit.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 99-036 §1 on 1211511999
Amended by Ord. 2004-002 §22 on 412812004
Amended by Ord. 2020-001 §12 on 412112020
Amended by Ord. 2025-002 §23 on 212612025
Amended by Ord. 2025-xxx §x on VW2025
CHAPTER 18.116 SUPPLEMENTARY PROVISIONS
18.116.390 Identification of Certain Features for Clear and Objective Applications
18.116.400 Land Divisions
18.116.160 Rimrock Setbacks Outside Of LM Combining Zone
A. General/Discretionary Standards:
1. All structures, including decks, within 50 feet from the edge of a rimrock, as defined in
DCC 18.04.030, shall be subject to site review if visible from the river or stream. Prior to
approval of any structure within 50 feet of a rimrock, the Planning Director or Hearings
Body shall make the following findings: All structures, including decks, shall be set back a
minimum of 20 feet from the edge of the rimrock.
2. The height of the structure shall not exceed the setback from the edge of the rimrock.
3. Existing trees and shrubs which reduce the visibility of the proposed structure shall be
retained.
4_Where multiple structures are proposed on a lot or parcel, the structures shall be
grouped or clustered so as to maintain a general appearance of open landscape for the
e##ec-tedaffected area. This shall require a maintenance of at least 65 percent open space
along all rimrocks.
B. Clear and Objective Standards:
1. All structures, including decks, shall have a minimum setback of 50 feet from the edge of
a rimrock.
40 of 52
2. Existing trees and shrubs that are located between the rimrock and the proposed
structure shall be retained.
3. At least 65 percent of the lot area within 100 feet of the upper most ledge of rimrock
shall be maintained as open space. The required open space must either be entirely
planted with landscaping or the natural landscape must be preserved. Plantings shall
conform with the defensible space standards of DCC Chapter 8.21. Where multiple
structures are proposed on a lot or parcel, the structures shall be wholly located within a
200-foot diameter circle.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 81-015 §1 on 411411981
Amended by Ord. 82-013 §2 on 512511982
Amended by Ord. 85-016 §2 on 71311985
Amended by Ord. 86-053 §21 on 613011986
Amended by Ord. 88-004 §1 on 112711988
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 92-034 §3 on 41811992
Amended by Ord. 2025-002 §30 on 212612025
Amended by Ord. 2025-xxx §x on x6(0025
18.116.390 Identification of Certain Features for Clear and Objective Applications
For applications reviewed under Clear and Objective standards pursuant to pursuant to DCC 18.08.050,
the following procedures will be used, as applicable, to determine whether standards and criteria are
met:
A. Determinine the Ordinary High Water Line (OHWL
1. The elevation of the OHWL shall be determined by a field assessment conducted by a
qualified biologist in accordance with OAR 141-085-0515(3). For the purposes of this
criteria, a "qualified biologist" is a person who has a minimum of a bachelor's degree in
wildlife or fisheries habitat biology, or a related degree in a biological field from an
accredited college or university with a minimum of four years' experience as a practicing
fish or wildlife habitat biologist.
2. The OHWL shall be identified, flagged, and documented per subsection (3), and labeled
on survey plans prepared by a licensed professional surveyor registered in the state of
Oregon.
3. OHWL Documentation.
a. Photographs shall betaken both up- and down -stream of the project site and
both banks- after OHWL markers are set. Photos shall include field indicators
and the location of the placed markers.
41 of 52
b. A written explanation or justification of observations shall accompany each
photo.
B. Measuring and Calculating Volume of Fill or Removal
1. Fill or removal volume shall be calculated in accordance with the specifications
of OAR 141-085-0525.
HISTORY
Adopted by Ord. 2025-xxx §x on VV2025
18.116.400 Land Divisions
A. General/Discretionary Standard: Partitions and subdivisions are subject to the applicable
provisions of Title 17 and Title 18 except as modified by the following:
1. Cluster developments are allowed as conditional uses in MUA-10, RR-10, TER zones and
subject to DCC 18.128.
2. Planned developments are allowed as conditional uses in SURM, MUA-10, RR-10 zones
and subject to DCC 18.128.
3. In the MUA-10 zone, cluster and planned 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 area or equivalent density.
4. In the RR-10 zone, cluster and planned 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 area
or equivalent density.
5. In an SURM zone, there shall be no minimum lot area for planned developments
provided that the overall density shall not exceed eight dwelling units per acre.
B. Clear and Objective Standard: Partitions and subdivisions are subject to the applicable provisions
of Title 17 and Title 18.
HISTORY
Adopted by Ord. 2025-xxx §x on VV2025
CHAPTER 18.120 EXCEPTIONS
18.120.030 Exceptions To Setback Requirements
The following exceptions to setback requirements may be authorized for a lot or parcel in any zone:
A. If there are buildings on both lots or parcels abutting an intervening lot or parcel that are within
100 feet of the intervening lot or parcel, and the buildings have front setbacks of less than the
42 of 52
minimum required for the zone, the front setback for the intervening lot or parcel need not
exceed the average measurement of the front setbacks of the abutting lots or parcels.
B. Cornices, eaves, canopies, sunshades, gutters, chimneys, and flues shall not project more than
three feet into a required front, rear, or side setback area, provided that the projection is not
closer than three feet to a lot line.
C. The following features are not subject to front, rear, or side setbacks:
1. Steps, terraces, platforms, and porches having no roof covering;
2. Utility infrastructure, at or below finished grade;
3. Utility poles and transmission lines;
4. Utility boxes not interfering with the vision clearance requirements;
5. Outdoor improvements at finished grade, including, but not limited to, paved areas,
driveways, or walkways;
6. Signs conforming to the requirements of DCC Title 15 and Title 18.
7. Fences conforming to the requirements of DCC 18.116.120.
D_An addition to an existing lawfully established dwelling unit which is within 100 feet of the
ordinary high water !( line along a stream, river, or lake may be constructed provided the
following are met:
1. The addition is for an expansion of the dwelling unit; re-si entia' dv4e"i^^ PUFP^s^.
2_-allo part of the addition is closer to the stream, river, or lake than the existing
residential stFur uredwelling unit's structural footprint;
3_,4The floor area of -for the addition is 900 square feet or less and does not exceed the
floor area of the existing strueture dwelling unit; and
84.tThe addition conforms with all other applicable setbacks, zoning standards, and
building limitations.
9:E. For applications reviewed under General/Discretionary Standards pursuant to DCC 18.08.050,
sdwelling units on lots or parcels created prior to November 1, 1979; may be granted an
exception to the 100-foot setback from the ordinary high water mark line along a stream, river,
or lake, pursuant to DCC 18.84.090, subject to DCC Title 22, the I Imif.,FM r,^„^. I ^ ,+
PFace'uFes QFdinanee, and the following conditions in subsections (1) — (4). Applications
reviewed under Clear and Obiective Standards are not eligible for this setback exception.:
1. An application shall be filed which includes:
a. A detailed explanation of the planned development.
b. An explanation of why an exception is necessary.
43 of 52
A site plan, drawn to scale, and accompanied by such drawings, sketches, and
descriptions necessary to describe and illustrate the proposed development. The
site plan shall, at a minimum, include:
1. An inventory of existing vegetation, including trees on the lot or parcel
located within 200 feet of the ordinary high water FnaFlline along the
stream, river, or lake. The inventory shall be in sufficient detail to allow
the review and evaluation of the impacts of the proposed development.
2. Proposed modifications of the vegetation on the lot or parcel within 200
feet of the ordinary high water FRaF'( line along the stream, river, or lake,
including the size, species, and approximate locations of existing
vegetation to be retained and new vegetation proposed to be placed
upon the site.
3. Existing and proposed site contours.
4. The locations and dimensions of all structures, ty-lot lines,
easements, ordinary high water mark -lines oF.marks, utilities, and uses.
5. Other site elements and information that will assist in the evaluation of
the proposed development.
d. An explanation of how the proposed development will satisfy each of the
exception criteria set forth in DCC 18.120.030(E)(4)(b).
2. An exception may be granted only upon findings that:
a. The structure to be sited is a dwelling unit with a structural footprint that is no
greater than 40 feet in depth (including garages, carports, and decks);
b. Adherence to the 100-foot setback would create a hardship, as defined in DCC
18.120.030(E)(3), preventing such a dwelling unit from being sited on the lot or
parcel;
c. The site plan protects and enhances the vegetative fringe between the dwelling
unit and the stream, river, or lake to the degree necessary to meet the
requirements set forth in the applicable goals and policies of the Comprehensive
Plan; and
d. A conservation easement providing that the elements of the site plan will be
carried out and maintained as approved, in perpetuity, for the area between the
ordinary high water mark line and the dwelling unit has been conveyed to the
County.
3. For the purposes of DCC 18.120.030, a hardship exists in one or more of the following
situations:
44 of 52
a. Adherence to setbacks required by the zoning ordinance in effect at the time of
the application made under DCC 18.120.030 would prevent the dwelling unit
from being sited on the lot or parcel, if the 100-foot setback were observed;
b. The siting of a legal on -site wastewater septic disposal system, placed on the lot
or parcel prior to November 1, 1979, makes it impossible for the dwelling unit to
meet the 100-foot setback;
c. Any approved initial on -site wastewater septic sewage dispe system and
replacement system other than a sand filterA or an alternative treatment
technology system cannot be sited on the lot or parcel in a manner that will
allow the dwelling unit to meet the 100-foot setback requirement;
d. If the only initial on -site wastewater septic sewage disposal system for which
approval can be obtained is a sand filter system or an alternative treatment
technology system and such a system and its replacement system cannot be
sited on the lot or parcel in a manner that will allow the dwelling unit to meet
the 100-foot setback requirement; or
e. Dwelling units exist on both abutting lots or parcels that are closer to the
stream, river, or lake than the proposed dwelling unit and such existing dwelling
units are located within 40 feet of the proposed dwelling unit. If utilization of a
sand filter system or alternative treatment system as a replacement system will
allow such a dwelling unit to meet the 100-foot setback, no exception shall be
granted for reasons of on -site sewage disposal constraints.
4. Dwelling units qualifying for a setback exception under the criteria set forth above shall
be located as follows:
Except as set forth in DCC 18.120.030(E)(4)(b), the dwelling unit must be located
as far as possible from the ordinary high water aline of the stream, river, or
lake, allowing for the hardship constraints identified for the property.
1. In instances where use of a sand filter system or alternative treatmen
s gem tem for a replacement system would allow the dwelling unit to be
located further from the stream, river, or lake than if another type of
replacement system were utilized, the dwelling unit shall be sited in a
manner to allow only enough room for the approved initial on -site
wastewater septic sewage disp system and a sand filter system or
alterative treatment technology system as a replacement system.
b. Where a dwelling unit qualifies for a setback by virtue of DCC
18.120.030(E)(3)(e), the dwelling unit may be set back at a distance from the
ordinary high water mark line consistent with the dwelling units on the abutting
lots or parcels, but in no case shall any part of such dwelling unit be located
closer to the ordinary high water line mark than a line extending between the
points of the dwelling units on the abutting lots or parcels that are closest to the
stream, river, or lake.
45 of 52
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 81-003 §1 on 112111981
Amended by Ord. 81-005 §1 on 112711981
Amended by Ord. 84-002 §1 on 312111984
Amended by Ord. 86-032 §1 on 41211986
Amended by Ord. 90-020 §2 on 61611990
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 93-043 §§20A and 8 on 812511993
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 2004-013 §13 on 912112004
Amended by Ord. 2025-002 §30 on 212612025
Amended by Ord. 2025-xxx §x on x/xx/2025
18.120.040 Structure Height Exceptions
A. The following structures or structural parts are not subject to the building height limitations of
DCC Title 18, except in the Airport Development Zone, Airport Safety Combing Zone, or
Landscape Management Combining Zone:
1. Chimneys and vents, not more than three feet six inches above the highest point of the
roof;
2. Vertical support structures for telephone and power transmission lines in utility
easements or public rights -of -way, not requiring a site plan review as defined in DCC
18.124.060;
3. Flagpoles not exceeding 40 feet;
4. Agricultural buildings or equine facilities as defined in DCC 18.04.030 not exceeding 36
feet; and
5. Amateur radio facilities as outlined in DCC Title 18.116.290.
For the purposes of calculating structural height, the following method may be used as a
discretionary alternative when determining average grade:
Perimeter Sampling Method: The average of eight measurements around the entire
structural footprint perimeter, with the first measurement point starting at the lowest
finished grade abutting the structure, and subsequent measurement points spaced
equidistantly along the finished grade abutting the structure.
C. The following structures or structural parts may receive exceptions to the building height
limitations of DCC Title 18 if approved as part of a Site Plan Review, as defined in DCC 18.124.060
and subject to the criteria contained therein. However, this exception does not supersede the
46 of 52
more restrictive requirements that are found in the Airport Safety Combining Zone or Landscape
Management Combining Zone:
1. Non-commercial wind energy systems generating less than 100 kW of electricity;
2. Public schools;
3. Vertical support structures for telephone and power transmission lines requiring a site
plan;
4. Structures that are necessary for public safety; and
5. Flagpoles.
D. For applications reviewed under General/Discretionary Standards pursuant to DCC 18.08.050,
aAn exception (up to 36 feet) to the building height limitations for structures not otherwise
exempted by DCC 18.120.040(A) may be approved upon findings t hA-.-consistent with
subsections (1) through (5). Applications reviewed under Clear and Objective Standards are not
eligible for this building height exception.
1. The structure is not located in a Landscape Management Zone, except when the
structure is a single -unit dwelling with an attached hangar located in an unincorporated
community and the structure has a maximum height of 35 feet including chimneys,
antennas, flagpoles, or other projections from the roof of the structure;
2. The structure is not located within 100 feet of any rimrock, as defined in DCC 18.04.030;
3. After consultation with the applicable fire department, the proposed height does not
exceed the height limitation of the department's fire fighting equipment, considering the
evacuation of the building's occupants and the fire fighting requirements of the
department;
4. The proposed additional height will not adversely impact scenic views from existing
nearby dwelling units; and:
5. The proposed structure shall relate harmoniously to the natural environment and
existing development, minimizing visual impacts and preserving natural features
including views and topographical features.
E. An exception to building height limitations for agricultural buildings or equine facilities may be
approved upon findings that the applicant meets the criteria listed in DCC 18.120.040(C)(1)
through (3) and demonstrates that the proposed structure is:
1. An agricultural building or equine facility as defined in DCC 18.04.030;
2. Located in an EFU or Forest zone; and
3. Necessary to conduct geReFally accepted farming practices
f Deschutes Ge Rty fa ffneFs whe aFe uiady it .,veal in the p ed type of
ag�eas defined in ORS 215.203(2)(c). The applicant shall document satisfaction of
47 of 52
this criterion by submitting evidence or testimony from an authorized representative of
the Deschutes County Farm Bureau.
HISTORY
Adopted by Ord. PL-15 §6.050 on 111111979
Amended by Ord. 92-036 §1 on 412911992
Amended by Ord. 92-055 §10 on 811711992
Amended by Ord. 93-043 §20C on 812511993
Amended by Ord. 96-035 §1 on 412411996
Amended by Ord. 98-035 §1 on 611011998
Amended by Ord. 2001-004 §3 on 512312001
Amended by Ord. 2001-033 51 on 1011012001
Amended by Ord. 2008-007 §3 on 811812008
Amended by Ord. 2011-009 §1 on 10/1712011
Amended by Ord. 2025-002 §31 on 212612025
Amended by Ord. 2025-xxx §x on X40025
CHAPTER 18.128 CONDITIONAL USE
18.128.270 Fill Or Removal — General/Discretionary Standards
18.128.271 Fill Or Removal — Clear and Objective Standards
18.128.270 Fill Gr-Or Removal — General/Discretionary Standards
Except as otherwise provided in DCC Title 18, no person shall fill or remove any material or remove any
vegetation, regardless of the amount, within the bed and banks of any stream or river, or in any wetland,
unless such fill or removal is approved as a conditional use subject to the following standards:
A. An application shall be filed containing a plan with the following information:
1. A detailed explanation of the planned fill or removal including the amount of material to
be filled or removed.
2. An explanation of why the fill or removal is necessary.
3. A site plan, drawn to scale and accompanied by such drawings, sketches and
descriptions as are necessary to describe and illustrate the proposed fill or removal. The
site plan shall, at a minimum, include:
a. An inventory of existing vegetation.
b. The proposed modifications, if any, to the vegetation.
c. Existing and proposed site contours.
d. Location of lot lines, easements and high water marks.
48 of 52
e. Other site elements or information that will assist in the evaluation of the
proposed fill or removal.
B. Public facility and service uses such as construction or maintenance of roads, bridges, electric,
gas, telephone, water, sewer transmission and distribution lines, and related facilities controlled
by public utilities or cooperative associations, shall not be granted conditional use permits to fill
or remove unless the following findings are made:
1. That all necessary state and federal permits will be obtained as a condition of approval
of the conditional use.
2. That the public facility and service uses and related facilities cannot, as a practical
matter, be located outside of the wetland or bed and banks of the stream or river.
3. That the construction or maintenance requiring the fill or removal will be done in a
manner designed to minimize the adverse impact upon the wetland, stream, or river.
4. That erosion will be adequately controlled during and after construction.
5. That the impacts on fish and wildlife habitat from the fill or removal will be minimized to
the greatest extent practical. The Oregon Department of Fish and Wildlife will be
requested to review and comment on the application.
6. That only the minimum removal of vegetation or material and dredging or excavation
necessary for construction and maintenance will be done.
C. Fill or removal required for public park and recreation areas, natural and outdoor education
areas, historic and scientific areas, wildlife refuges, public boat launching ramps, public docks,
and public walkways shall not be allowed as a conditional use unless the following findings are
made:
1. That all necessary state and federal permits will be obtained as a condition of approval
of the conditional use permit.
2. That only the minimum removal of vegetation or material and dredging or excavation
necessary for construction and maintenance will be done.
3. That the specific location of the site will require the minimum amount of disturbance to
the natural environment, considering alternative locations in the area and methods of
construction.
4. That such construction and maintenance is designed to minimize the adverse impact on
the site.
5. That erosion will be adequately controlled during and after construction.
6. That the impacts on fish and wildlife habitat by the fill or removal will be minimized to
the greatest extent practical. The Oregon Department of Fish and Wildlife will be
requested to review and comment on the application.
49 of 52
7. That the specific location of a site for a.public park, recreation area, natural and outdoor
education area, historic and scientific area, wildlife refuges, public boat launching ramps,
public docks, and public walkways will require the minimum amount of disturbance to
the natural environment, considering alternative locations in the area and methods of
construction.
D. Except for uses identified in DCC 18.128.270(B) and (C), an application for a conditional use
permit for activity involving fill or removal of material or vegetation within the bed and banks of
a stream, river, or wetland:
1. Shall be granted only after consideration of the following factors:
a. The effects on public or private water supplies and water quality.
b. The effects on aquatic life and habitat, and wildlife and habitat. The Oregon
Department of Fish and Wildlife will be requested to review and comment on
the application.
c. Recreational, aesthetic, and economic values of the affected water resources.
d. Effects on the hydrologic characteristics of the water body such as direction and
velocity of flow, elevation of water surface, sediment transportation capacity,
stabilization of the bank and flood hazards.
e. The character of the area, considering existing streambank stabilization
problems and fill or removal projects which have previously occurred.
2. Shall not be granted unless all of the following conditions are met:
a. That all necessary state and federal permits will be obtained as a condition of
approval of the conditional use.
b. That there is no practical alternative to the proposed project which will have less
impact on the surrounding area, considering the factors established in DCC
18.128.270(D)(1).
c. That there will be no significant impacts on the surrounding area, considering
the factors established in DCC 18.128.270(D)(1).
d. That erosion will be adequately controlled during and after the project.
e. That the essential character, quality, and density of existing vegetation will be
maintained. Additional vegetation shall be required if necessary to protect
aquatic life habitats, functions of the ecosystem, wildlife values, aesthetic
resources, and to prevent erosion.
f. That the proposed fill or removal activity will be consistent with all relevant
goals and policies of the Deschutes County Comprehensive Plan.
g. That a conservation easement, as defined in DCC 18.04.030, "Conservation
Easement," shall be conveyed to the County, which provides, at a minimum, that
50 of 52
all elements of the project will be carried out and maintained as approved, in
perpetuity, for the regulated fill or removal area and all real property on the
same lot or parcel, within 10 feet of any wetland, river or stream.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §1 on 913011991
Amended by Ord. 93-043 §23H-J on 812511993
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 2025-002 §33 on 212612025
Amended by Ord. 2025-xxx §x on xlxxl2025
18.128.271 Fill or Removal — Clear and Objective Standards
A. Applicability. This section applies to proposed fill or removal, as defined in DCC 18.04.030, within
the bed and banks of any stream or river, or within any mapped boundary of a wetland as
identified in the Statewide Wetland Inventory.
B. Standards.
1. A maximum of one (1) cubic yard of fill or removal shall be permitted within areas
identified in subsection (A). Additional fill or removal is subject to the standards in DCC
18.128.270.
2. An application for fill or removal shall meet the application requirements of subsection
(C), and shall meet the standards in subsection (D).
C. An application shall be filed containing a plan with the following information:
1. A detailed explanation of the planned fill or removal including the amount of material to
be filled or removed.
2. An explanation of why the fill or removal is necessary.
3. A site plan, drawn to scale and accompanied by such drawings, sketches and
descriptions as are necessary to describe and illustrate the proposed fill or removal. The
site plan shall, at a minimum, include:
a. An inventory of existing vegetation.
b. The proposed modifications, if any, to the vegetation.
c. Existing and proposed site contours.
d. Location of lot lines, easements, and high water marks.
4. A signed statement by a professional engineer licensed in the state of Oregon confirming
the criterion in DCC 18.128.271(D)(2) is met.
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5. A signed statement by a qualified biologist confirming the criterion in DCC
18.128.271(D)(2) is met. For the purposes of DCC 18.128.271, a "qualified biologist" is a
person who has a minimum of a bachelor's degree in wildlife or fisheries habitat biology,
or a related degree in a biological field from an accredited college or university with a
minimum of four years' experience as a practicing fish or wildlife habitat biologist.
6. If subject to regulation from state or federal agencies, statements from Army Corps of
Engineers (ACOE) Department of State Lands (DSL), Oregon Department of Fish and
Wildlife (ODFW), or United States Fish and Wildlife Service (USFWS), as applicable,
identifying if any permitting is required through these agencies.
D. Permits for fill or removal shall not be granted unless the following criteria are met:
1. All necessary state and federal permits will be obtained as a condition of approval of the
conditional use;
2. A professional engineer licensed in the state of Oregon has provided a signed statement
confirming the proposed fill or removal will not adversely impact water quality, flooding,
the stability of the bank, or other hydrologic characteristics of the water body, and that
erosion will be adequately controlled during and after the project; and
3. A qualified biologist has provided a signed statement confirming the proposed fill or
removal will result in no net loss of the functions and values as defined in OAR 141-085-
0510 of the stream river, or wetland.
4. Except for the uses identified below, a conservation easement, as defined in DCC
18.04.030 shall be conveyed to the County, which provides, at a minimum, all elements
of the proiect will be carried out and maintained as approved, in perpetuity, for the
regulated fill or removal area and all real property on the same lot or parcel, within 10
feet of any wetland, river, or stream.
a. This requirement does not apply to permits for public facility and service uses
such as construction or maintenance of roads, bridges, electric, gas, telephone,
water, sewer transmission and distribution lines and related facilities controlled
by public utilities or cooperative associations.
HISTORY
Adopted by Ord. 2025-xxx §x on x/x/2025
52 of 52
COMMUNITY DEVELOPMENT
FINDINGS
CLEAR & OBJECTIVE TEXT AMENDMENTS - GOAL 5
I. APPLICABLE CRITERIA:
Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating this amendment, the County bears
the responsibility for demonstrating consistency with Statewide Planning Goals and the existing
Comprehensive Plan.
II. BACKGROUND:
Beginning in 2017, the Oregon State Legislature passed a series of bills to encourage efforts to
expand the supply of housing statewide. The passage of Senate Bill (SB) 1051 prohibited cities from
denying applications for housing developments within urban growth boundaries, provided those
applications complied with "clear and objective standards, including but not limited to clear and
objective design standards contained in the county comprehensive plan or land use regulations."'
The provisions of SB 1051, along with subsequent bills, modified Oregon Revised Statutes (ORS)
197.286-197.314.Of relevance to the current project is ORS 197.307(4)2 which was modified to state:
(1) Except as provided in subsection (6) of this section, a local government may adopt and apply
only clear and objective standards, conditions and procedures regulating the development
of housing, including needed housing. The standards, conditions and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or
height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed
housing through unreasonable cost or delay.
In 2023, ORS 197A.4003 (formerly ORS 197.307, as referenced above) was established by House Bill
(HB) 31974. The newly established ORS 197A.400 will become effective on July 1, 2025, and states
the following [emphasis added]:
' https://olis.oregonlegislature.gov/liz/2017R1/Downloads/MeasureDocument/SB1051/Enrolled
z https://oregon.public.law/statutes/ors 197.307
3 https://www.oregonlegislature.gov/bills laws/ors/ors197a.htm1
4 https://olis.oregonlegislature.gov/1iz/2023R1/Downloads/MeasureDocument/HB3197/Enrolled
11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q (541) 388-6575 @ cdd@deschutes .org www.deschutes.org/cd
(1) Except as provided in subsection (3) of this section, a local government may adopt and apply
only clear and objective standards, conditions and procedures regulating the development
of housing, including needed housing, on land within an urban growth boundary,
unincorporated communities designated in a county's acknowledged comprehensive
plan after December 5, 1994, nonresource lands and areas zoned for rural residential
use as defined in ORS 215.501. The standards, conditions and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or
height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed
housing through unreasonable cost or delay
(3) In addition to an approval process for needed housing based on clear and objective
standards, conditions and procedures as provided in subsection (1) of this section, a local
government may adopt and apply an alternative approval process for applications and
permits for residential development based on approval criteria that are not clear and
objective if:
(a) The applicant retains the option of proceeding under the approval process that meets the
requirements of subsection (1) of this section;
(b) The approval criteria for the alternative approval process comply with applicable
statewide land use planning goals and rules; and
(c) The approval criteria for the alternative approval process authorize a density at or above
the density level authorized in the zone under the approval process provided in subsection
(1) of this section.
These provisions require local governments to apply only clear and objective standards, criteria,
and procedures to applications for housing projects and may not discourage housing through
unreasonable cost or delay. Application of typical discretionary standards (e.g. "adequate public
facilities" or "effective mitigation") is prohibited. The statute is intended to address the concern that
use of discretionary criteria leads to uncertainty, inconsistent administration, and delays that do not
serve the goal of efficiently providing an adequate supply of housing stock.
III. BASIC FINDINGS
Numerous sections and language included in the Deschutes County Code (DCC) do not currently
meet the identified thresholds for "clear and objective standards." The primary focus of the Clear
and Objective Code Compliance Project is to ensure the DCC complies with state statute and the
objectives of the Deschutes County Comprehensive Plan.
With the assistance of consultants from MIG, planning staff have identified areas of the DCC that
are not in compliance with statute and drafted packages of text amendments to address each issue.
EXHIBIT XX - Ordinance No. 2025-XX Page 2 of 16
-rhe.�,;e packages have been brok;� n into distinct segments to provide the public, the Deschutes
County Planning Commission ((1--ommission), and the Deschutes County Board of Commissioners
(Board) the opportunity to review and vet the proposed changes in a structured manner.
Where possible, planning staff have drafted amendments that effectuate a policy -neutral
conversion of existing discretionary language to non -discretionary language. This ensures the
original intent and purpose of each amended code provision are preserved. Where that approach
is not viable, alternative standards or criteria have been proposed. Additionally, certain
amendments have been proposed to broadly remove ambiguity from implementing sections of the
DCC, maintain conformity across all development standards, and ensure review clarity for staff and
members of the public.
This amendment package encompasses areas of the DCC that address Goal 5 resources and related
language, specifically:
• Definitions for the Deschutes County Zoning Code - DCC 18.04
• Basic Provisions - DCC 18.08
• Multiple Use Agricultural Zone - DCC 18.32
• Surface Mine Impact Area (SMIA) - DCC 18.56
• Rural Residential Zone - DCC 18.60
• Terrebonne Rural Community Zoning District - DCC 18.66
• Landscape Management Combining Zone - DCC 18.84
• Wildlife Area Combining Zone - DCC 18.88
• Sensitive Bird and Mammal Habitat Combining Zone - DCC 18.90
• Urban Unincorporated Community Zone; Sunriver - DCC 18.108
• Supplementary Provisions - DCC 18.116
• Exceptions - DCC 18.120
• Conditional Use - DCC 18.128
IV. METHODOLOGY:
Clear and objective standards use terms, definitions, and measurements that allow for consistent
interpretation. Any two people applying the same standard or criterion to a proposed development
would get the same result. There is no need for the reviewer to exercise discretion in application of
the standard, and no ability to do so. The standards and criteria should provide a predictable
outcome in a wide variety of contexts .
Per state statute, the clear and objective standards cannot be so strict that they have the effect,
either in themselves or cumulatively, of discouraging housing through unreasonable cost or delay.
After discussion with County Legal Counsel and review of ordinances of other jurisdictions which
have implemented similar code amendments, staff has determined there are a variety of
approaches that can be used to craft clear and objective standards:
EXHIBIT XX - Ordinance No. 2025-XX Page 3 of 16
• True/Fa'se Standards -- These can be used to evaluate whether a proposed development
has satisfied a certain; objective criterion. (e.g. - is the structure on a lot or parcel within a
rural residential zone'),
• Counts and Measurements - These standards are typically based on a minimum value, a
maximum value, or an acceptable range of values. (e.g. - maximum building height of 30 feet)
• Lists/Menus - Lists and menus provide flexibility for applicants to meet a standard by
choosing among several options. Lists can specify a range of acceptable options ("Any of the
following...") or can require selection of a minimum number of elements ("At least two of the
following five options...")
• Two -Track Systems: Discretionary Review - While a clear and objective review path is
required for residential development, the flexibility provided by discretionary review may
continue to be attractive for some projects and it may not be practical or achievable to write
clear and objective standards that work in every development situation. ORS 197A
recognizes this, and allows local governments to also provide an optional discretionary
review path or parallel track. To that end, the amendments proposed as part of this package
in some cases maintain the existing standards as an optional, discretionary track for housing.
These discretionary standards will also remain in place for all non-residential development.
The advantage of a two -track system is that it offers both certainty and flexibility. Applicants
willing to work within the clear and objective standards have the option of a simplified review
process that saves time and increases the certainty of approval. Clear and objective
standards also offer certainty to reviewers, who can review applications more efficiently with
less time devoted to interpreting discretionary/unclear requirements, and to the public, who
will benefit from knowing whether a project will or will not be approved. For applicants with
creative ideas or unique circumstances that don't meet the objective standards,
discretionary review is available, which can provide more flexibility.
V. FINDINGS:
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: This criterion is met because a public hearing was held before the Deschutes County
Planning Commission (Commission) on 4/24/2025 and a public hearing was held before the Board
of County Commissioners (Board) on X/X/2025.
Section 22.12.020, Notice
EXHIBIT XX - Ordinance No. 2025-XX Page 4 of 16
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: This criterion is met as notice was published in The Bulletin newspaper on X/X/2025 for
the Commission public hearing and on X/X/2025 for the Board public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: The proposed amendments are legislative and do not apply to any specific property.
Therefore, individual notice is not required.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion has been met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board and has received a fee waiver. This criterion has been met.
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order.
1. The Planning Commission.
2. The Board of County Commissioners.
EXHIBIT XX - Ordinance No. 2025-XX Page 5 of 16
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: This criterion is met as the Commission held a public hearing on 4/24/2025, The Board
held a public hearing on X/X/2025.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-25-000171-TA will be
implemented by ordinances upon approval and adoption by the Board. This criterion will be met.
VI. Oregon Statewide Planning Goals:
Statewide Planning Goal 1 - Citizen Involvement:
This goal outlines the citizen involvement requirement for the adoption of Comprehensive Plans
and changes to the Comprehensive Plan and implementing documents.
FINDING: The County's citizen involvement program ensures that any amendments to the County's
development code are reviewed through a duly noticed public process. This legislative process to
review the proposed amendments will require two public hearings, one before the Commission on
4/24/2025 and one before the Board on X/X/2025.
Information was distributed throughout the process via the project website and through social
media and email. All Commission and Board work sessions were open to the public and noticed in
accordance with the County's rules and regulations. All work session materials, including meeting
recordings and summaries, were available on the County's website. All the aforementioned venues
provided the opportunity for gathering feedback and comments.
As part of the legislative process, public notice requirements for the Commission and Board public
hearings were met. The notice was sent to persons who requested notice, affected government
agencies, and was published in the X/X/2025 and X/X/2025 issues of the Bend Bulletin. The notices
invited public input and included the phone number of a contact person to answer questions. The
notice also included the address of the County's webpage where the draft of the proposal can be
viewed.
Statewide Planning Goal 2 - Land Use Planning:
This goal outlines the land use planning process and policy framework. The County's
Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning
goals.
EXHIBIT XX - Ordinance No. 2025-XX Page 6 of 16
FINDING: Deschutes County has an acknowledged Comprehensive Plan and enabling ordinances.
The amendments to the DCC are being undertaken to bring residential development standards,
criteria, and procedures into compliance with state statutes.
The amendments are being processed in accordance with the County's adopted procedures, which
requires any applicable statewide planning goals, federal or state statutes or regulations,
comprehensive plan policies, and the County's implementing ordinances be addressed as part of
the decision -making process. The amendments are being processed as a post -acknowledgement
plan amendment (PAPA) and noticing requirements have been met. All applicable review criteria
have been addressed within this staff report; therefore, the requirements of Goal 2 have been met.
Statewide Planning Goals 3 and 4 - Agricultural Lands and Forest Lands:
FINDING: The standards of ORS 197A.400 require clear and objective standards for all housing
development "...on land within an urban growth boundary, unincorporated communities
designated in a county's acknowledged comprehensive plan after December 5, 1994, nonresource
lands and areas zoned for rural residential use as defined in ORS 215.501." The identified areas do
not include resource zoned lands (i.e. - Exclusive Farm Use, Forest Use, etc.), and staff understands
ORS 197A.400 to implicitly exempt resource zoned properties, as those areas are governed by
separate statutory standards. Staff finds that these goals do not apply to the proposed
amendments.
Statewide Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces:
This goal requires the inventory and protection of natural resources, open spaces, historic sites and
areas.
FINDING: The proposed amendments included in this package do not alter the County's
acknowledged Goal 5 inventories or impact areas. The proposed amendments ensure Deschutes
County remains in compliance with state statute and administrative rules by continuing to allow
residential construction in areas with Goal 5 resources, providing applicants with a clear and
objective process using standards and criteria that maintain the same level of protection as the
discretionary process that was previously adopted and, in most cases, remains an option for
applicants.
Local governments, as part of the Comprehensive Planning process, are required to inventory the
extent, location, quality, and quantity of significant natural resources within their jurisdictional
boundaries. Following this inventory, local governments then conduct an economic, social,
environmental, and energy (ESEE) analysis to determine the extent to which land uses should be
limited in order to adequately protect significant resources. Following an ESEE analysis,
governments then establish a program to protect significant natural resources. Deschutes County
established its initial Goal 5 natural resource inventory, ESEE analyses, and protection programs
between the years of 1988-1994, as part of periodic review.
EXHIBIT XX - Ordinance No. 2025-XX Page 7 of 16
Deschutes County reviewed its adopted ESEE analyses for significant Statewide Planning Goal 5
resources in the following ordinances:
Surface Mining:
Ord. No. 90-014 (7/12/90)
Ord. No. 90-029 (7/12/90)
Fish and Wildlife:
Ord. No. 92-041 (8/5/92) - General
Ord. No. 94-004 (6/15/94) - Updated Sensitive Bird and Mammal and Townsend's Big -Eared Bat
inventories
Ord. No. 94-007 (7/20/94) - Updated Wetland and Riparian inventory
Rivers and Streams, Lakes and Reservoirs:
Ord. No 92-052 (11/25/92)
The County's adopted ESEE analyses identified seventeen (17) inventoried resources, impact areas
and potential conflicting uses, and included findings concerning the economic, social, energy and
environmental consequences of prohibiting, limiting or allowing conflicting uses in identified impact
areas, pursuant to OAR 660-023-0040 - ESEE Decision Process.
The County's adopted ESEE analyses are sufficient to demonstrate that the proposed clear and
objective standards amendments are consistent with Statewide Planning Goal 5. The proposed
amendments do not allow any new conflicting uses that were not previously analyzed, nor do they
change the impact areas.
The following findings address each inventoried resource and describe the manner in which the
clear and objective amendments achieve the program to protect the resource in the adopted ESEE
analyses.
1. Fish Habitat
Fill or removal: requirements are outlined in DCC 18.128.270 and in the proposed clear and
objective standards in DCC 18.128.271. In the existing code, a conditional use permit is required
for all fill or removal in riparian and wetland areas. The proposed approach to code
amendments is that any fill or removal greater than 1 cubic yard requires a conditional use
permit. The amount of fill or removal allowed without a conditional use permit review in the
clear and objective path is intended to minimize conflicts with protected resources. The
proposed clear and objective path only allows 1 cubic yard of fill and/or removal. Also, a signed
statement by a professional engineer licensed in the state of Oregon must confirm that the
proposed fill or removal will not adversely impact water quality, flooding, the stability of the
bank, or other hydrologic characteristics of the water body, and that erosion will be adequately
controlled during and after the project. This determination that hydrology will not be adversely
impacted will ensure that fill or removal will have minimal to no impact to the protected
EXHIBIT XX - Ordinance No. 2025-XX Page 8 of 16
resource. A conditional use permit continues to be required for the majority of fill or removal
projects, which typically exceed 1 cubic yard.
Rimrock setbacks: the current code requires all new structures to be set back 50 feet from the
rimrock in all zones (DCC 18.84.090(D), 18.116.160), but allows exceptions in certain situations
using discretionary provisions. In the proposed clear and objective path, exceptions are not
permitted at all; an applicant would need to follow the discretionary review path if deviating
from the standard. Therefore, the proposed amendments retain the existing regulations,
explicitly separating the clear and objective and discretionary options. This is consistent with the
existing program to protect.
River and Stream setbacks: the current Landscape Management Combining Zone (LM) requires
all new structures and additions to structures to be set back at least 100 feet from the OHW line
of designated streams and rivers. (DCC 18.84.090(C)). Exceptions are permitted if the
discretionary criteria in DCC 18.120.030(E) are met. In the proposed clear and objective path,
exceptions are not permitted at all; an applicant would need to follow the discretionary review
path if deviating from the standard. Therefore, the proposed amendments retain the existing
regulations, explicitly separating the clear and objective and discretionary options. This is
consistent with the existing program to protect.
Therefore, the proposed program aligns with the existing program to protect.
2. Deer Winter Range
In the current Wildlife Area Combining Zone (WA) zone regulations, new dwellings are required
to be entirely within 300 feet of an existing road, which is intended to minimize the extent of
impacts to protected resources. Exceptions are permitted if the discretionary criteria in DCC
18.88.060(B) are met. In the proposed clear and objective path, exceptions are not permitted at
all; an applicant would need to follow the discretionary review path if deviating from the
standard. Therefore, the proposed amendments retain the existing regulations, explicitly
separating the clear and objective and discretionary options. This is consistent with the existing
program to protect.
In the WA zone, the proposed clear and objective lot size standard in the deer winter range
(minimum 40 acres) is the same as the existing regulations.
There are no proposed changes to fence standards.
Therefore, the proposed program to protect aligns with the existing program to protect.
3. Furbearer Habitat
Furbearer habitat is currently protected by the existing Exclusive Farm Use (EFU) and Forest Use
zoning, the provisions to protect farm use and forest use, and the provisions to protect wetlands
and riparian areas. There are no proposed changes to the EFU or forest zones as part of this
code amendment project, therefore that component of the program to protect furbearer habitat
EXHIBIT XX - Ordinance No. 2025-XX Page 9 of 16
remains the same. See Item 7 (Wetland and Riparian Areas) for findings addressing wetland and
riparian regulations and their consistency with the existing program to protect.
4. Elk Habitat
The WA Combining Zone was recognized as the only program to achieve the goal to protect elk
habitat. See Item 2 (Deer Winter Range) for findings addressing the proposed WA zone
amendments and their consistency with the existing program to protect.
The proposed clear and objective lot size standard in elk habitat areas (minimum 160 acres)
is the same as the existing regulations.
Therefore, the proposed program aligns with the existing program to protect.
5. Waterfowl Habitat
See findings for Item 1 (Fish Habitat) addressing the proposed fill or removal amendments, river
and stream setback, and rimrock setback regulations and their consistency with the existing
program to protect.
In the proposed clear and objective standards for the Landscape Management (LM) zone,
conservation easements continue to be required as a condition of approval for all landscape
management site plans involving property adjacent to the Deschutes River, Crooked River, Fall
River, Little Deschutes River, Spring River, Whychus Creek, and Tumalo Creek (DCC 18.84.081(1)).
This is the same as the current regulations.
Therefore, the proposed program aligns with the existing program to protect.
6. Upland Game Bird Habitat
For all of the upland game birds except sage grouse, the habitat is currently protected by the
existing EFU and forest zoning and the provisions to protect wetlands and riparian areas to
achieve the goal of protecting upland game birds. There are no proposed changes to the EFU or
forest zones as part of this code amendment project; therefore, that component the program
to protect remains the same. See Item 7 (Wetland and Riparian Areas) for findings addressing
wetland and riparian regulations and their consistency with the existing program to protect.
7. Wetland and Riparian Areas
See findings for Item 1 (Fish Habitat) addressing the proposed fill or removal amendments, river
and stream setback, and rimrock setback regulations and their consistency with the existing
program to protect.
Location of septic systems is recognized as a conflicting use for riparian resources. The current
LM zone includes a discretionary standard, which requires on -site sewage disposal systems to
EXHIBIT XX - Ordinance No. 2025-XX Page 10 of 16
"minimize the impact on the vegetation along the river or stream" and "allow a dwelling to be
constructed on the site as far from the river, stream, or lake as possible." The proposed clear
and objective path applies the same 100-foot setback from the ordinary high water line that
applies to dwellings to on -site sewage systems. Exceptions are only permitted through
discretionary review (DCC 18.120.030(E)). These proposed regulations are consistent with the
recommendations in the ESEE to protect the riparian resource because they minimize impacts
with significant setbacks.
Therefore, the proposed program aligns with the existing program to protect.
8. Ecologically and Scientifically Significant Natural Areas - Little Deschutes
River/Deschutes River Confluence
See findings for Item 1 (Fish Habitat) addressing the proposed fill or removal amendments and
their consistency with the existing program to protect.
Therefore, the proposed program aligns with the existing program to protect.
9. Landscape Management Rivers and Streams
The existing LM combining zone design standards (DCC 18.84.080) address building and roof
color and reflectivity, setbacks, height, lighting, screening, and access. The intent of these
standards is to minimize the visual appearance of structures from specified view corridors in
order to maintain scenic views and the natural appearance to the greatest extent possible. The
proposed amendments provide a parallel clear and objective approval path. These amendments
codify the types of designs that County staff would approve under the current regulations.
Standards for building color, screening, trees, and setbacks have been updated with the intent
to achieve equivalent outcomes to the existing program to protect. This includes:
• The discretionary requirement for "muted earth tones" is replaced by an approved
palette of specific earth tone colors (DCC 18.18A) or with natural wood or stone.
• The requirement for non -reflective materials is replaced by an objective solar reflectance
index (SRI) standard.
• The discretionary requirement for use of existing features to reduce visual impacts is
replaced by a standard that states equivalent requirements using clear and objective
language.
• The vague and discretionary screening requirements are replaced by specific tree
planting standards.
These objective standards are intended to provide a narrow approval pathway. The site designs
that would meet these standards could also be approved by County staff under the discretionary
review path, thereby achieving equivalent outcomes.
EXHIBIT XX - Ordinance No. 2025-XX Page 11 of 16
Conservation easements are also recognized as part of the program to protect this Goal 5
resource. See findings in item 5 (Waterfowl Habitat) addressing the proposed amendments
related to conservation easements and their consistency with the existing program to protect.
See findings for Item 1 (Fish Habitat) addressing the proposed fill or removal amendments, river
and stream setback, and rimrock setback regulations and their consistency with the existing
program to protect.
Therefore, the proposed program aligns with the ESEE program recommendations.
10. State Scenic Waterways and Federal Wild and Scenic Rivers
See findings for Item 1 (Fish Habitat) addressing the proposed fill or removal amendments, river
and stream setback, and rimrock setback regulations and their consistency with the existing
program to protect.
The LM zone design standards have been updated with the intent to achieve equivalent
outcomes to the existing program to protect, including fill and removal permits, wetland removal
regulations, rimrock setbacks, conservation easements, and landscape management. See
findings for Item 9 (Landscape Management Rivers and Streams).
Therefore, the proposed program aligns with the existing program to protect.
11. Deer Migration Corridor
In the current regulations, residential land divisions in the Bend/La Pine Deer Migration Corridor,
where the underlying zone is RR-10, are only permitted as a cluster development. Because
cluster development review is designed to balance a variety of development goals in a
discretionary, site -specific manner, it cannot be used for clear and objective reviews. Applicants
seeking a land division can still follow the discretionary pathway. Cluster development standards
follow the existing program to protect. Therefore, the proposed amendments retain the existing
protections, explicitly separating the clear and objective and discretionary options.
See Item 2 (Deer Winter Range) for findings addressing the proposed amendments to the
building placement standards in the WA zone and their consistency with the existing program
to protect.
There are no proposed changes to fence standards.
Therefore, the proposed program aligns with the existing program to protect.
12. Antelope Habitat
EXHIBIT XX - Ordinance No. 2025-XX Page 12 of 16
The proposed clear and objective approval path in the WA zone (DCC 18.88.051(C)) retains the
existing minimum lot size of 320 acres for new parcels in the antelope range. This represents no
change to the existing program to protect the resource.
For other proposed amendments in the WA zone, see findings in Item 2 (Deer Winter Range).
The proposed amendments are consistent with the existing program to protect.
13. Habitat for Sensitive Birds
Existing site plan review criteria in the Sensitive Bird and Mammal Habitat (SBMH) zone (DCC
18.90.060) require all development to conform to the requirements of the ESEE decision for the
subject sensitive habitat site. The proposed clear and objective standards (DCC 18.90.061) retain
this requirement, and state that where the provisions of the ESEE decision and DCC conflict, the
more restrictive provision prevails.
The current site plan review criteria require the site plan to "provide protection that will prevent
destruction of the subject nesting site, hibernation site or rookery." Each site -specific ESEE
decision establishes requirements such as setbacks and buffers from the habitat site, which are
intended to ensure site protection. The proposed clear and objective approach relies on the
ESEE requirements to establish the standards that protect the resource, rather than reiterating
the protection requirements in the site plan criteria (DCC 18.90.061(A) and (13)(1)).
The current criteria also require that "new roads, driveways or public trails shall be located at
the greatest distance possible from the nest, rookery or hibernation site unless topographic or
vegetation or structural features will provide greater visual and/or noise buffer from the nest,
rookery or hibernation site."The proposed clear and objective approach requires that new roads
or driveways be located at least 500 feet from the sensitive habitat site. This provides equivalent
protection as requiring such features be located "at the greatest distance possible," by
minimizing impacts to the habitat site from roads, driveways, and vehicles, while removing
discretionary language around buffer features (DCC 18.90.061(13)(2)).
The existing requirement for preservation of existing vegetation and prohibition of land
divisions that create residential building sites within the habitat area are proposed to be
retained in the clear and objective path, but worded to remove discretion (DCC 18.90.061(13)(3)
and (4)).
In the current criteria, all exterior lighting must "be sited and shielded so that the light is directed
downward and does not shine on" the sensitive habitat site. The proposed clear and objective
path replaces this with more specific shielding and cut-off standards to ensure light does not
shine on the habitat site.
Therefore, the proposed program aligns with the ESEE program recommendations.
14. Habitat Area for Townsend's Big -Eared Bats
EXHIBIT XX - Ordinance No. 2025-XX Page 13 of 16
There are no proposed changes to the EFU zones, where bat caves are located, as part of this
code amendment project. T he proposed clear and objective standards for tide SBMH combining
zone are only applicable to residential development (see Item 13 for findings addressing the
SBMH zone).
Therefore, the proposed program aligns with the existing program to protect.
15. Lakes and Reservoirs
The regulations identified as applicable to this Goal 5 resource do not require amendments to
achieve a clear and objective review pathway for residential development and therefore are not
addressed in the proposed amendments.
16. Wilderness Areas, Areas of Special Concerns, Energy Sources, and Groundwater
Resources
This resource was not analyzed as they are either located on federal land or clear and objective
requirements are not applicable.
17. Surface Mining and Mineral and Aggregate Inventory Sites
The proposed clear and objective path for site plan review and other standards in the Surface
Mining Impact Area (SMIA) combining zone maintains limitations on residential uses that are the
same as the existing standards, which require new dwellings to be at least 250 feet from a
surface mining zone and one -quarter mile from surface mining processing or storage sites. The
only difference is that the clear and objective regulations are limited to dwellings and exceptions
to the setback standards are not permitted in the clear and objective path.
There are no proposed substantive changes to the site plan review or approval criteria.
Therefore, the proposed program aligns with the existing program to protect.
Statewide Planning Goal 6 -Air, Water, and Land Resource Quality:
To maintain and improve the quality of air, water, and land resources of the state.
FINDING: The County is currently in compliance with the State's Goal 6 program. The amendments
do not alter the County's acknowledged land use programs regarding water quality. The
amendments are consistent with Goal 6.
Statewide Planning Goal 7 - Areas Subject to Natural Hazards:
To protect people and property from natural hazards.
EXHIBIT XX - Ordinance No. 2025-XX Page 14 of 16
FINDING: The County is currently in compliance with the State's Goal 7 program through adoption
and implementation of the County's Natural Hazard Mitigation Plans. No changes will occur to
County programs related to flood management, wildfire mitigation, or other natural hazards. The
amendments are consistent with Goal 7.
Statewide Planning Goal 8 - Recreational Needs:
To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to
provide for the siting of necessary recreational facilities including destination resorts.
FINDING: The County is currently in compliance with the State's Goal 8 program. The proposed
amendments do not address or alter any County recreational programs or land use requirements
related to parks and recreation. The proposed amendments are in compliance with Goal 8.
Statewide Planning Goal 9 - Economic Development:
To provide adequate opportunities for a variety of economic activities vital to the health, welfare,
and prosperity of Oregon's citizens.
FINDING: The County is currently in compliance with the State's Goal 9 program. The proposed
amendments do not alter the County's compliance with Goal 9. The proposed amendments are in
compliance with Goal 9.
Statewide Planning Goal 10 - Housing:
To provide adequate housing for the needs of the community, region, and state.
FINDING: The currently proposed Clear and Objective Code Amendment Package and upcoming
code amendment packages will ensure Deschutes County remains in compliance with state statute
and administrative rules and Goal 10 by continuing to allow residential construction to proceed
through a Clear and Objective process using clear and objective standards and criteria. Adoption of
the proposed amendments will reduce the administrative burden and uncertainty, removing
barriers to housing within areas of the County identified for residential development. The proposed
amendments are in compliance with Goal 10.
Statewide Planning Goal 11 - Public Facilities and Services:
To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to
serve as framework for urban and rural development.
FINDING: The County is currently in compliance with Goal 11 through its acknowledged
Comprehensive Plan. The amendments do not alter the County's compliance with Goal 11 and are
consistent with this goal.
5 https://sheriff.deschutes.org/2021 NHMP.pdf
EXHIBIT XX - Ordinance No. 2025-XX Page 15 of 16
Statewide Planning Goal 12 - Transportation:
To provide and encourage a safe, convenient, and economic transportation system.
FINDING: The County is currently in compliance with Goal 12 and Metro's Regional Transportation
Plan through its acknowledged Comprehensive Plan and TSP as required by Oregon Administrative
Rule 660-012 (Transportation Planning Rule - TPR). Additionally, the Deschutes County Senior
Transportation Planner reviewed the proposed amendments for potential TPR effects and found
that the proposed amendments appear to comply with TPR provisions. As such, the proposed
amendments do not alter the County's compliance with Goal 12.
Statewide Planning Goal 13 - Energy Conservation:
Land and uses developed on the land shall be managed and controlled so as to maximize the
conservation of all forms of energy, based on sound economic principles.
FINDING: The County is currently in compliance with Goal 13 through its acknowledged
Comprehensive Plan. The amendments do not alter the County's compliance with Goal 13 and are
consistent with this goal.
Statewide Planning Goal 14 - Urbanization:
To provide for orderly and efficient transition from rural to urban land use, to accommodate urban
population and urban employment inside urban growth boundaries, to ensure efficient use of land,
and to provide for livable communities.
FINDING: The County is currently in compliance with Goal 14 through its acknowledged
Comprehensive Plan and land use regulations. The County also has signed joint Management
Agreements with the cities of Bend, Redmond, and Sisters as required by ORS 195.065. The
amendments do not alter the County's compliance with Goal 14 and are consistent with this goal.
VII. CONCLUSION:
Based on the information provided herein, staff recommends the Board of County Commissioners
approve the proposed text amendments that make changes necessary to conform with state
statutory requirements regarding clear and objective standards for housing development.
EXHIBIT XX - Ordinance No. 2025-XX Page 16 of 16
vZES CpG�a
o
BOARD OF
COMMISSIONERS
MEETING DATE: May 21, 2025
SUBJECT: Nomination Process to forma Committee to Draw Commissioner District Maps
BACKGROUND AND POLICY IMPLICATIONS:
Ballot Measure #9-173 passed in November 2024 which expands the County
Commissioners to a five seat Board. The two new positions will be elected in 2026, for an
initial two-year term which will begin in January 2027 and will be at -large seats.
In previous Board of County Commissioners (BOCC) meetings in November 2024 and
March 2025, the BOCC indicated interest in creating Commissioner Districts through a
Ballot Measure process in place of having 5 at -large Commissioner positions. On March 31,
2025, the BOCC voted in favor of forming a committee to draw district maps and in several
follow up meetings the BOCC discussed committee formation options. On May 51" the
majority of the BOCC voted to establish a committee by BOCC nominations.
The committee will be made up of 7 community members appointed individually by
Commissioner. The appointments will be as follows:
The purpose of
discuss timelines
Number of
Commissioner
Nominations
Commissioner
DeBone
2
Commissioner Adair
2
Commissioner
Chang
3
and the nomination process.
Items for discussion today:
1. May 2026 or November 2026 Election
2. Nomination timeline
this agenda item is to
for the ballot measure
a. If the May 2026 election is the goal, then staff recommend establishing a
timeline for the nomination process and schedule of the committee
meetings
3. College student engagement/internship
Other items to consider in developing a process to form a Committee:
1. Charter formation
a. Map drawing criteria
i. BOCC or Committee decision
b. District map options - how many and who decides
i. BOCC or Committee decision
c. District Numbering
i. BOCC or Committee decision
d. 5 Districts or 4 and 1 at -large
i. BOCC or Committee decision
2. Facilitation
BUDGET IMPACTS:
$12,000 has been budgeted for FY 2026 to complete the process.
ATTENDANCE:
Nick Lelack, County Administrator
Jen Patterson, Strategic Initiatives Manager
BOARD OF
COMMISSIONERS
MEETING DATE: May 21, 2025
SUBJECT: Treasury Report for April 2025
ATTENDANCE:
Bill Kuhn, County Treasurer
MEMORANDUM
DATE: May 19, 2025
TO: Board of County Commissioners
FROM: Bill Kuhn, Treasurer
SUBJECT: Treasury Report for April 2025
Following is the unaudited monthly treasury report for fiscal year to date (YTD) as of April 30, 2025.
Treasury and Investments
• The portfolio balance at the end of April was $342.6 million, an increase of $1.4 million from March and an
increase of $16.4 million from last year (April 2024).
• Net investment income for April was $1,076K, approximately $47.9k lower than last month and $169.9k greater
than April 2024. YTD earnings of $10,195,534 are $2,200,627 more than the YTD earnings last year.
• All portfolio category balances are within policy limits.
• The LGIP interest rate remained at 4.60% during the month of April. Benchmark returns for 24-month treasuries
were down 17 basis points and 36-month treasuries were down 16 basis points from the prior month.
• The average portfolio yield increased slightly to 4.00%, which was up 4 bps from last month's average %.
• The portfolio weighted average time to maturity was 1.06 years.
Portfolio Breakdown: Par Vaiue b Investment T
`e
Municipal Debt
28,050,000
8.2%
Corporate Notes
14,663,000
4.3%
-
0.0%
U.S. Treasuries
158,100,000
46.1%
Federal Agencies
75,145,000
21.9%
LGIP
41,983, 569
12.3%
First Interstate (Book Balance)
24,702,363
7.2%
Total Investments $
342,643,931
100.0%
Total Portfolio: By Investment Type
First Interstate Municipal Debt
Bank 8 20
7 2 rate Notes
4.3%
LGIP
\,� Time Certificates
12.3%
l 0.0%
Federal Agencies
21.91%
U. S. Treasuries
46.1 %
Portfolio by stokeir
$80
$71.8
N
�
$60.7
o $60
$43.4
2 $40
$21.3
$23.7 $24.5 $30.7
$20
$-
Moreton
DA Robert W Stifel Piper Great Castle Oak
Capital
Davidson Baird & Co Capital Sandler Pacific
Markets
Securities
Total Investment Income
Less Fee: $12,000 per month
Investment Income - Net
Prior Year Comparison
cate6ovy Maximums:
U.S. Treasuries
100%
LGIP ($61,749,000)
100%
Federal Agencies
100%
Banker's Acceptances
25%
Time Certificates
50%
Municipal Debt
25%
Corporate Debt
25
(Maturity (Years)
Max
3.17
Weighted Average
I 1.06
Y-T-D
$ 1,088,327
(12,000)
$ 1,076,327
Apr-24 906,408
Yield Percentages
Current Month
Prior Month
FIB/ LGIP (avg) 4.43%
4.43%
Investments 3.88%
3.87 %
Averse 4.00%
3.96%
Benchmarks -
24 Month Treasury 3.70%
3.87°/u
LGIP Rate 4.60%
4.60%
36 Month Treasury 3.69%
3.85%
'Temil minimum"
Actual
0 to 30 Days 10%
22.8%
Under 1 Year 25%
53.0%
Under 5 Years 100%
100.0%
Other,' P.oliay
Actoai
Corp Issuer 5%
2.0%
Callable 25%
10.7%
Wei hted Ave. AA2
AA1
Investment Activity
Purchases in Month $
-
Sales/Redemptions in Month $
11,700,000
e.00
5.50%
5.00 %
4.50%
4.00%
3,50%
3,00%
2.50%
2.00%
1.50%
1.00%
0.50
0.00
May
400,000,000
350,000,000
300,000,000
250,000,000
200,000,000
150,000,000
100,000,000
50,000,000
24 Month Historic Investment Returns
Jul Sep Nov Jan Mar May July Sep Nov Jan Mar
County Rate ® 2 Year Treasury Rate w-- Corporate Bond Rate LGIP Rate
Three Year Portfolio Balance
May-22 Jul-22 Sep-22 Nov-22 Jan-23 Mar-23 May-23 Jul-23 Sep-23 Nov-23 Jan-24 Mar-24 May-24 Jul-24 Sep-24 Nov-24 Jan-25 Mar-25
Five Year Maturity Distribution Schedule
zo,aoo,000
18,000,w0
MO.,—
1a 000,000
13,000.000
10,000,000
B.000,Gw
0,000,000
G,000,000
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BOARD OF
COMMISSIONERS
MEETING DATE: May 21, 2025
SUBJECT: Finance Report for April 2025
RECOMMENDED MOTION:
None. Discussion item only.
BACKGROUND AND POLICY IMPLICATIONS:
The Finance Department will present the monthly financial report. The report is
informational only and is intended to provide the Board of County Commissioners with
current financial information. The report will provide budget to actual comparisons and
highlight any potential issues or changes that may impact the current or future budgets.
There are no direct policy implications.
BUDGET IMPACTS:
None.
ATTENDANCE:
Robert Tintle, Chief Financial Officer
Jana Cain, Controller
DATE:
May 19, 2025
TO:
Board of County Commissioners
FROM:
Robert Tintle, Chief Financial Officer
SUBJECT:
Finance Report for April 2025
Following is the unaudited monthly finance report for fiscal year to date (YTD) as of April 30, 2025.
Budget to Actuals Report
General Fund
Revenue YTD in the General Fund is $51.7M or 99.4% of budget. By comparison, last year revenue YTD was
$43.2M or 97.1% of budget.
Expenses YTD are $32.1M and 60.6% of budget. By comparison, last year expenses YTD were $36.6M and
79.1% of budget.
Beginning Fund Balance is $15.5M or 106.4% of the budgeted $14.6M beginning fund balance.
All Major Funds
On the attached pages you will find the Budget to Actuals Report for the County's major funds with actual revenue
and expense data compared to budget through April 30, 2025.
fRosition
Control Summary FY25
July - June
Percent
Org
Sep
Oct
Nov
Dec
Jan
Feb
Mar
April
Unfilled
Assessor "
Filled
28.63
28.63
29.63
29.63
29.63
30.00
30.00
31.00
Unfilled
6.64
6.64
5.64
5.64
5.64
5.26
5.26
4.26
-16.51%
Clerk
Filled
8.48
8.48
8.48
8.48
9.48
9.48
9.48
9.48
Unfilled
2,00
2.00
2,00
2.00
1.00
1.00
1.00
1.00
12,40%
BOPTA
Filled
0.52
0.52
0.52
0.52
0.52
0.52
0,52
0.52
Unfilled
-
-
-
-
-
-
0.00%
DA
Filled
58.70
58.90
58.55
58.55
58.55
59.05
59.05
59.05
Unfilled
2.60
1.40
1.75
1.75
1.75
1.25
1.25
1.25
3.10%
Tax
Filled
6.50
6.50
6.50
6.50
6.50
6.50
6.50
6.50
Unfilled
_
-
-
_
-
0.00%
Veterans'
Filled
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
Unfilled
-
-
-
-
-
-
-
2.00%
Property Mgmt
Filled
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
Unfilled
-
-
-
-
-
-
-
-
0.00%
GF ARPA
Filled
Unfilled
-
-
-
0.00%
Total General Fund
Filled
110,83
111.03
111.68
111.68
112.68
113.55
113.55
114.55
Unfilled
11.24
10.04
9.39
9.39
8.39
7.51
7.51
6.51
7.50%
Justice Court
Filled
4.60
4.60
4.60
4.60
4.60
4.60
4.60
4.60
Unfilled
-
-
-
-
-
-
-
-
0.00%
Community Justice
Filled
42.00
45.00
45.00
45.00
43.00
43.00
42.00
41.00
Unfilled
7.00
4.00
4.00
4.00
6.00
6.00
7.00
8.00
11.63%
Sheriff
Filled
230.50
229.50
230.50
227.50
230.50
232.50
231.50
229.50
Unfilled
40.50
41.50
40.50
43.50
40.50
38.50
39.50
41.50
15.27%
Houseless Effort
Filled
-
-
-
-
-
-
-
-
Unfilled
1.00
1.00
1.00
1.00
-
-
-
-
100.00%
Health Srvcs
Filled
381.83
376.03
381.43
384.23
388.43
386.78
386.78
387.28
Unfilled
39.48
45.28
40.88
40.08
35.88
38.53
38.53
37.03
9.26%
COD
Filled
48.00
49.00
49.00
50.00
50.00
49.00
51.00
51.00
Unfilled
3.00
2.00
2.00
2.00
2.00
3.00
2.00
2.00
4.84%
Road
Filled
59.00
59.00
59.00
59.00
59.00
59.00
59.00
56.00
Unfilled
2.00
2.00
2.00
2.00
2.00
2.00
2.00
5.00
3.77%
Adult P&P
Filled
34.63
34.63
34.63
34.63
34.63
32.63
33.63
33.63
Unfilled
5.13
5.13
5.13
5.13
5.13
7.13
6.13
6.13
14,65%
Solid Waste
Filled
39.00
40.00
40.00
40.00
38.00
41.00
41.00
42.00
Unfilled
5.00
4.00
4.00
4.00
6.00
3.00
3.00
2.00
9.55%
Victims Assistance
Filled
7.50
8.50
8.50
8.50
7.50
7.50
7.50
6.50
Unfilled
2.00
1.00
1.00
1.00
2.00
2.00
2.00
3.00
18.95%
GIS Dedicated
Filled
2.00
2.00
2.00
2.00
1.00
1.00
1.00
1.00
Unfilled
-
-
-
-
1.00
1.00
1.00
1.00
20.00%
Fair&Expo
Filled
13.50
13.50
13.50
13.50
13.50
13.50
13.50
13.50
Unfilled
4,00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
22.86%
Natural Resource
Filled
2.00
2.00
2.00
2.00
3.00
3.00
3.00
3,00
Unfilled
1.00
1.00
1,00
1.00
-
-
-
20.00%
ISF - Facilities
Filled
25.75
25.75
25.75
26.75
26.75
26.75
26.75
26.75
Unfilled
2.00
2.00
2.00
1.00
1.00
1.00
1.00
1.00
6.13%
ISF -Admin
Filled
9.75
9.75
9.75
9.75
8.75
8.75
8.75
9.25
Unfilled
-
-
-
-
0.50
0.50
0.50
-
1.57%
ISF - BOCC
Filled
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
Unfilled
-
-
-
-
-
-
-
-
0.00%
ISF- Finance
Filled
13.00
13.00
12.00
12.00
14.00
14.00
14.00
14.00
Unfilled
1.00
1.00
2.00
2.00
-
-
-
-
6.43%
ISF - legal
Filled
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
Unfilled
-
-
-
-
-
-
-
-
0.00%
ISF -HR
Filled
9.00
10.00
9.00
8.00
8.00
8.00
8.00
8.00
Unfilled
2.00
1.00
2.00
3.00
3.00
3.00
3.00
3.00
20.36%
ISF - IT
Filled
18.00
18.00
18.00
18.00
19.00
18.00
17.00
17.00
Unfilled
2.00
2.00
2.00
2.00
1.00
2.00
3.00
3.00
10.50%
ISF - Risk
Filled
3.25
3.25
3,25
2.25
3.25
3.25
3.25
3.25
Unfilled
-
-
-
1.00
-
-
-
-
3.08%
911
Filled
57.53
57.00
57.00
58.00
58.00
60.00
57.00
56.00
Unfilled
3.48
4.00
4.00
3.00
3.00
1.00
4.00
5.00
6.09%
Total:
Filled
1,121.65
1,121.53
1,126.58
1,127.38
1,133.58
1,135.80
1,132.80
1,127.80
Unfilled
131.81
130.94
126,89
129.09
121.39
120.16
124.16
128.16
Total
1,253.46
1,252.46
1,253.46
1,256.46
1,254.96
1,255.96
1,256.96
1,255.96 A
%Unfilled
10.52%
10.45%
10.12%
10.27%
9.67%
9.57%
9.88%
10.20%
10.24%
A- 1.0 FTE decrease in HS
IVY ES CO
he Budget to Actuals - Total Personnel and Overtime Report
FY25 YTD April 30, 2025
1v� '
Total Personnel Costs
Actual
Projection
Budgeted
Personnel
Projected
(Over) / Under
Fund
Personnel Costs
Costs
Personnel Costs
Budget
001 -General Fund
030 - Juvenile
160/170 - TRT
200 - ARPA
220 -justice Court
255 - Sheriffs Office
274 - Health Services
295 - CDD
325 - Road
355 - Adult P&P
465 - Road CIP
610 - Solid Waste
615 - Fair & Expo
616 - Annual County Fair
617 - Fair & Expo Capital Reserve
618 - RV Park
619 - RV Park Reserve
670 - Risk Management
675 - Health Benefits
705 - 911
999 - All Other Funds
Total
$ 2U,V42,bV1
$-14,`JSU,4//
Y Ii5,J/4,LG/ D
G,30a,404
7,497,894
5,375,938
6,585,004
912,890
234,588
197,850
242,106 Q
(7,518)
836,621
422,413
422,414
414,207
622,013
502,877
625,429 Q
(3,416)
50,136,178
38,596,648
46,174,636
3,961,542
58,826,382
45,584,376
56,133,652
2,692,730
8,005,434
6,236,057
7,584,671
420,763
9,556,843
7,572,577
9,361,952
194,891
6,387,456
4,560,695
5,533,947
853,509
5,739,145
4,124,740
5,274,668
464,477
2,039,023
1,338,470
1,613,199
425,824
229,798
198,545
242,945 Q
(13,147)
159,210
124,124
155,099
4,111
496,919
417,862
513,248 Q
(16,329)
10,237,093
7,748,732
9,611,126
625,967
18,606,752
13,594,333
18,543,148
63,604
$ 200,554,040
$ 151,526,713
$ 187,191,471 $
13,362,569
Overtime
Budgeted OT
Actual
OT
(Over) /
Under Budget
$ 69,100
$ 24,000 $
45,100
100,000
92,090
7,911
-
28 ®
(28)
2,869,000
1,933,712
935,288
107,726
133,030 Q
(25,304)
13,000
18,188 Q
(5,188)
200,000
97,499
102,501
10,000
8,824
1,176
150,000
78,278
71,722
40,000
47,666 Q
(7,666)
-
2,505 Q
(2,505)
5,000 2,265 2,735
485,000 196,239 288,761
50,600 24,607 25,993
$ 4,099,426 $ 2,658,930 $ 1,440,496
oy Z� Budget to Actuals - Countywide Summary
All Departments 83.3%
FY25 YTD April 30, 2025 (unaudited) Year Complete
Fiscal Year 2024
1Fiscal
Year 2025
RESOURCES
Budget
Actuals
%
Budget
Actuals
%
Projection
%
001 - General Fund
44,408,216
45,560,565
103%
46,924,590
46,279,028
99% ':
47,921,717
102%
030 - Juvenile
1,014,168
1,042,664
103%
926,504
705,750
76%
1,088,847
118%
160/170 - TRT
12,751,790
12,485,782
98%
12,168,000
11,178,238
92%
12,694,298
104%
200 - ARPA
14,458,597
4,060,299
28%
8,644,978
5,537,822
64%
10,559,967
122%
220 - Justice Court
525,540
529,969
101%
506,200
425,213
84% ':
506,900
100% 's
255 -Sheriffs Office
58,558,288
60,325,051
103%
64,030,262
62,381,130
97%
63,356,060
99%
274 - Health Services
60,343,687
61,045,659
101%
68,788,080
57,737,523
84%
65,345,345
95%
295 - CDD
10,460,840
8,523,648
81%
9,401,238
8,145,889
87%
9,613,202
102%
325 - Road
26,673,711
27,151,594
102%
27,479,906
22,764,889
83%
27,993,165
102%
355 - Adult P&P
5,535,606
5,818,189
105%
6,323,657
6,577,674
104%
6,658,254
105%
465 - Road CIP
2,179,426
2,951,833
135%
1,357,339
1,376,325
101%
1,451,715
107%
610 - Solid Waste
15,995,411
17,733,226
111%
19,769,001
16,488,135
83%
19,798,961
100%
615 - Fair & Expo
2,343,500
2,843,093
121%
3,206,000
2,319,521
72%
2,841,200
89%
616 - Annual County Fair
2,324,117
2,460,606
106%
2,350,667
2,643,872
112% '•.
2,652,711
113%
617 - Fair & Expo Capital
64,800
225,047
347% '
88,000
204,950
233%
224,612
255%
618 - RV Park
530,800
534,892
101% ':
489,000
402,409
82%
506,978
104%
619 - RV Park Reserve
34,300
45,518
133%
45,000
49,480
110%
58,200
129%
670 - Risk Management
3,714,303
3,841,634
103%
3,398,791
3,028,815
89% ':
3,611,773
106%
675 - Health Benefits
30,654,045
31,873,028
104%
42,854,789
33,772,460
79%
43,464,839
101%
705 - 911
14,034,323
14,405,107
103%
14,733,900
13,670,999
93%
14,893,115
101%
999 - Other
81,793,214
71,303,509
87%
66,998,812
45,919,408
69%
72,109,821
108%
TOTAL RESOURCES
388,398,682
374,760,913
96%
400,484,714
341,609,531
85%
407,351,680
102%
Budget to Actuals - Countywide Summary
All Departments
FY25 Y'FD April 30, 2025 (unaudited)
REQUIREMENTS
001 - General Fund
030 - Juvenile
160/170 - TRT
200 - ARPA
220 - Justice Court
255 - Sheriffs Office
274 - Health Services
295 - CIDD
325 - Road
355 - Adult P&P
465 - Road CIP
610 - Solid Waste
615 - Fair & Expo
616 -Annual County Fair
617 - Fair & Expo Capital
618 - RV Park
619 - RV Park Reserve
670 - Risk Management
675 - Health Benefits
705-911
999- Other
TOTAL REQUIREMENTS
83.3%
Year Complete
Fiscal Year 2024
1
Fiscal Year 2025
Budget
Actuals
%
Budget
Actuals
%
Projection
%
25,420,807
23,850,628
94%
33,071,291
22,218,020
67%
28,555,157
86%
8,481,279
7,884,757
93%
9,381,846
6,731,442
72%
8,377,733
89%
6,902,223
6,827,243
99%
5,736,054
5,168,154
90% E
5,873,343
102%
9,837,656
3,762,562
38%
4,321,775
801,533
19%
835,862
19%
828,370
816,713
99%
819,797
677,709
83%
823,213
100%
65,641,097
59,140,333
90%
66,610,275
49,187,606
74%
62,495,769
94%
72,307,648
67,056,125
93%
84,057,460
60,736,067
72%
75,877,767
90%
10,269,561
8,898,411
87%
9,991,245
7,728,380
77%
9,507,245
95%
17,124,761
15,805,727
92%
19,549,812
14,104,829
72%
18,608,524
95%
7,576,032
7,028,249
93%
8,371,685
5,967,090
71% 1
7,365,967
88%
24,142,169
23,124,456
96%
16,323,504
4,670,761
29%
10,826,539
66%
14,404,534
13,823,996
96%
17,321,744
10,601,873
61%
15,870,223
92%
3,734,327
3,867,176
104%
4,838,162
3,146,418
65% E
3,964,899
82%
2,582,856
2,438,099
94%
2,671,901
2,558,336
96%
2,671,002
100%
1,090,000
465,928
43%
1,260,000
191,732
15%
1,260,000
100%
617,131
517,201
84%
726,864
461,222
63%
647,699
89%
174,000
45,252
26%
170,000
-
0%
170,000
100%
4,744,447
4,502,990
95%
5,599,742
3,879,548
69%
5,125,816
92%
35,687,213
34,121,294
96%
38,819,094
25,827,594
67%
38,819,094
100%
15,113,760
13,427,592
89%
17,254,619
11,882,004
69%
16,628,652
96%
93,331,824
64,265,927
69%
104,386,845
45,685,001
44%
99,366,979
95%
63%
420,011,695
361,670,659
86%
451,283,715
282,225,318
413,671,483
92%
SEs CMG
- 0 0.� Budget to Actuals - Countywide Summary
All Departments 83.3%
FY25 YTD April 30, 2025 (unaudited) Year Complete
Fiscal Year 2024
Fiscal Year 2025
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
001 - General Fund
(20,963,314)
(20,201,737)
96%
(14,682,525)
(4,369,013)
30%
(13,438,837)
92%
030 - Juvenile
6,678,013
6,678,013
100%
8,068,153
6,723,461
83%
8,068,153
100%
160/170 - TRT
(8,575,254)
(7,022,091)
82%
(8,431,946)
(6,526,288)
77% i
(8,496,630)
101%
200 - ARPA
(5,022,145)
(400,000)
8%
(4,622,145)
(4,415,944)
96%
(9,038,089)
196%
220 - Justice Court
364,688
286,744
79%
380,521
317,101
83%
380,521
100%
255 -Sheriff's Office
3,377,587
3,380,929
100%
3,399,187
2,944,370
87% 1
3,399,187
100%
274 - Health Services
8,026,456
5,947,879
74%
10,671,364
(431,914)
-4%
8,203,678
77%
295 - CDD
466,530
(195,589)
-42%
909,332
(70,947)
-8% E
149,203
16%
325 - Road
(12,700,000)
(12,700,000)
100%
(10,720,695)
(6,405,029)
60%
(10,720,695)
100%
355 -Adult P&P
510,950
525,950
103%
626,964
522,470
83% I
626,964
100%
465 - Road CIP
12,500,000
12,500,000
100% i
10,631,333
4,315,667
41%
9,086,662
85%
610 - Solid Waste
(1,703,962)
(2,613,962)
153%
(4,564,141)
(3,424,284)
75%
(4,564,141)
100%
615 - Fair & Expo
875,681
1,008,090
115%
1,179,123
982,603
83%
1,224,402
104%
616 - Annual County Fair
(34,503)
(34,503)
100%
(121,900)
(101,583)
83%
(121,900)
100%
617 - Fair & Expo Capital
824,187
662,984
80%
592,396
518,663
88%
611,801
103%
618 - RV Park
128,436
128,436
100%
57,858
48,215
83%
57,858
100%
619 - RV Park Reserve
51,564
51,564
100%
122,142
101,785
83%
122,142
100%
6670 - Risk Management
(503,459)
(493,787)
98%
(4,500)
(3,750)
83%
(4,500)
100%
705-911
999- Other
15,698,545
12,491,080
80%
6,509,479
9,274,419
89%
14,454,221
139%
TOTAL TRANSFERS
(0)
0
0
(0)
0%
1�1 01 ES Budget to Actuals - Countywide Summary
All Departments
83.3%
FY25 YTD April 30, 2025 (unaudited) Year Complete
Fiscal Year 2024
1
Fiscal Year 2025
ENDING FUND BALANCE
Budget
Actuals
%
Budget
Actuals
Projection
%
001 - General Fund
11,850,095
15,492,530
131%
14,663,304
35,184,525
21,420,252
146%
030 - Juvenile
710,902
1,364,608
192%
977,419
2,062,377
2,143,875
219%
1601170 - TRT
1,801,675
3,163,809
176%
1,163,809
2,647,606
1,488,134
128%
200 - ARPA
298,942
999%
619,285
984,957
999%
220 - Justice Court
61,858
(0)
0
66,924
64,605
64,208
96%
255 - Sheriff's Office
7,295,992
15,566,861
213%
16,386,036
31,704,755
19,826,339
121%
274 - Health Services
77480,011
12,456,527
167%
7,858,511
9,026,069
10,127,783
129%
295 - CDD
1,975,730
752,366
38%
1,071,691
1,098,928
1,008,826
94%
325 - Road
2,370,201
5,997,546
253%
3,206,945
8,252,578
4,661,492
145%
355 - Adult P&P
1,470,524
2,326,824
158%
905,760
3,459,878
2,246,075
248%
465 - Road CIP
9,549,637
15,675,284
164%
11,340,452
16,696,515
15,387,122
136%
610 - Solid Waste
2,303,300
4,038,781
175%
1,921,897
6,500,760
3,404,038
177%
6-15 - Fair & Expo
32,617
531,770
999%
78,731
687,475
632,473
803%
616 -Annual County Fair
228,205
509,451
223%
66,317
493,403
369,260
557%
617 - Fair & Expo Capital
2,391,825
3,179,332
133%
2,599,728
3,711,213
2,755,745
106%
618 - RV Park
135,220
312,766
231%
132,760
302,167
229,903
173%
619 - RV Park Reserve
1,284,317
1,521,389
118%
1,518,531
1,672,654
1,531,731
101%
670 - Risk Management
6,466,397
8,168,164
126%
5,962,713
7,313,681
6,649,621
112%
675 - Health Benefits
1,074,575
3,859,732
359%
7,895,427
11,804,598
8,505,477
108%
705-911
12,122,906
14,371,465
119%
11,850,746
16,160,461
12,635,928
107%
999- Other
104,968,103
128,248,177
122%
101,227,972
137,635,038
107,640,967
106%
TOTAL FUND BALANCE
175,574,090
237,836,324
135%
190,895,673
297,098,571
223,714,208
---------------
117%
`,V'TES (,0 Budget to Actuals Report
General Fund - Fund 001 83.3%
MP' FY25 YTD April 30, 2025 (unaudited) Year Complete
Fiscal Year 2024 Fiscal Year 2025
RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance
PVAB
10,200
10,800 106%
11,000
8,158
74% I
11,000
100%
PropertyTaxes- Current
37,400,000
38,160,244 102% i
39,604,000
38,823,137
98% (
39,392,000
99%
(212,000) A
PropertyTaxes - Prior
318,000
422,862 133%
328,000
400,102
122%
.' 409,112
125%
81,112
Other General Revenues
3,480,844
3,846,799 111 %
3,778,175
3,944,019
104%
4,155,707
110%
377,532
Assessor
775,350
815,379 105%
849,000
618,187
73%
849,000
100%
i
Clerk
1,259,595
1,269,890 101%
1,426,160
1,126,743
79%
1,426,160
100%
District Attorney
552,048
470,285 85%
427,077
588,628
138%
592,894
139%
165,817!
Tax Office
136,000
147,228 108 %
146,200
115,087
79 %
146,200
100
Veterans
261,179
194,448 74 %
284,978
102,874
36 %
284,978
100%
B
Property Management
215,000
215,000 100%
70,000
59,858
86%
70,000
100%
Non -Departmental
7,630
492,234
584,666
584,666 C
TOTAL RESOURCES
44,408,216
45,560,565 103%
46,924,590
46,279,028
99%
47,921,717
102%
f 997,127
REQUIREMENTS
Budget
Actuals %
Budget
Actuals
%
Projection
%
$ Variance
PVAB
97,522
79,788 82%
93,993
75,565
80%
95,336
101%
(1,343) F
Assessor
6,189,597
5,587,737 90%
6,709,361
4,749,020
71%
5,895,115
88%
814,246 D
Clerk
2,351,515
2,087,269 89% i
2,719,443
2,038,240
75%
2,603,814
96%
115,629 E
District Attorney
11,636,672
11,237,086 97 %
13,369,290
10,082,895
75%
12,793,112
96%
576,178 G
Medical Examiner
461,224
391,213 85%
466,854
261,596
56%
466,854
100%
Tax Office
940,770
871,901 93%
1,041,642
866,586
83%
1,060,133
102%
(18,491) H
Veterans
934,283
872,565 93%
1,093,340
764,376
70%
1,018,332
93%
€ 75,008E 1
Property Management
539,558
510,327 95%
584,094
465,645
80%
591,097
101%
[ (7,003) J
Non -Departmental
2,269,666
2,212,743 97%
6,993,274
2,914,097
42%
4,031,364
58%
2,961,910
TOTAL REQUIREMENTS
25,420,807
23,850,628 94% ':
33,071,291
22,218,020
67%
28,555,157
86%
i 4,516,134.
TRANSFERS
Budget
Actuals %
Budget
Actuals
%
Projection
%
$ Variance
Transfers In
103,790
103,790 100%
5,121,854
5,469,713
107%
5,510,943
108%
389,089 K
Transfers Out
(21,067,104)
(20,305,527) 96%
(19,804,379)
(9,838,725)
50%
(18,949,780)
96%
854,599 L
TOTAL TRANSFERS
(20,963,314)
(20,201,737) 96%
(14,682,525)
(4,369,013)
30%
(13,438,837)
92%
1,243,688
FUND BALANCE
Budget
Actuals %
Budget
Actuals
%
Projection
%
$ Variance
Beginning Fund Balance 13,826,000 13,984,330 101% 15,492,530 15,492,530 100% 15,492,530 100% I (0)
Resources over Requirements
18,987,409 21,709,937 13,853,299 24,061,008 19,366,560 5,513,261
Net Transfers - In (Out) (20,963,314) (20,201,737) (14,682,525) (4,369,013) (13,438,837) 1,243,688
TOTAL FUND BALANCE $ 11,850,095 $ 15,492,530 131 % : $ 14,663,304 $ 35,184,525 240% : : $ 21,420,252 146% $6,756,948M
A Current year taxes received primarily in November, February and May; actual FY24-25 TAV is 4.64 % over FY23-24 vs. 5.2% budgeted.
B Oregon Dept. of Veteran's Affairs grant reimbursed quarterly
C Projection reflects unbudgeted Opioid Settlement Payments
D Projected Personnel savings based on FY24/FY25 average vacancy rate of 14.8%
E Projected Personnel savings based on FY24/FY25 average vacancy rate of 8 %
F Projected Personnel based on overage to date
G Projected Personnel savings based on FY24/FY25 average vacancy rate of 3.7 %
H Projected Personnel based on overage to date
I Projected Personnel savings based on FY24/FY25 average vacancy rate of 5%
J Projected Personnel based on overage to date
K $3,512,733 transferred from the ARPA fund for revenue replacement recategorization.
L Reduction in transfer out to Health Services of $304,599 related to no longer needing local match; transferring $500K less to the Capital Reserve Fund and
retaining these funds in the General Fund as emergency reserves per County's financial policies.
NI Out of the total ending fund balance, $1,205,530 are restricted Opioid Settlement Funds, $2,060,230 are recategorized ARPA funds (of which $1,340,608 is
unallocated) and $500K is Emergency Reserves.
IES C., Budget to Actuals Report
Juvenile o Fund 030
FY25 Y' T D April 30, 2025 (unauditeo,
83.3%
Year Complete
Fiscal Year 2024
Fiscal Year 2025
RESOURCES
Budget
Aclwais
%
Budget
Actuals
%
Projection
%
$ Variance
OYA Basic & Diversion
476,611
451,260
95%
477,421
242,567
51%
477,421
100%
i
ODE Juvenile Crime Prev
106,829
94,748
89%
112,772
46,635
41%
112,772
100%
Leases
90,228
93,840
104%
97,500
81,328
83%
97,500
100%
Inmate/Prisoner Housing
75,000
105,120
140% '
65,000
89,100
137%
93,000
143%
28,000! A
DOC Unif Crime Fee/H62712
52,000
53,359
103%
52,000
-
0%
35,000
67%
(17,000) B
Interest on Investments
37,500
54,078
144%
49,000
69,294
141%
( 79,900
163%
30,900
Expungements
40,000
53,599
134%
40,000
25,047
63%
40,000
100%
OJD Court Fac/Sec SB 1065
15,000
11,384
76%
12,000
13,024
109%
14,500
121%
2,500: C
Food Subsidy
10,000
12,812
128%
10,000
5,790
58%
5,790
58%
(4,210); D
Miscellaneous
16,500
19,289
117% s
6,811
132,964
999% 1
132,964
999%
126,153 E
Contract Payments
5,000
3,675
74%
4,000
0%
0%
i (4,000) F
Gen. Fund -Crime Prevention
89,500
89,500
100%
i
TOTAL RESOURCES
1,014,168
1,042,664 103%
926,504
705,750
76%
1,088,847
118%
162,343
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Personnel Services
6,852,966
6,402,707
93%
7,497,894
5,375,938
72%
6,585,004
88%
912,890 G
Materials and Services
1,599,048
1,452,785
91%
1,863,952
1,349,558
72%
1,772,729
95%
91,223 H
Capital Outlay
29,265
29,265
100%
20,000
5,946
30%
20,000
100%
TOTAL REQUIREMENTS
8,481,279
7,884,757
93%
9,381,846
6,731,442
72%
8,377,733
89%
1,004,113
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
$ Variance
Transfers In- General Funds
6,798,630
6,798,630
100%
8,143,712
6,786,427
83%
8,143,712
100%
Transfers Out
(45,000)
(45,000)
100%
-
Transfers Out-Veh Reserve
(75,617)
(75,617)
100% '
(75,559)
(62,966)
83% 's
(75,559)
100%
TOTAL TRANSFERS
6,678,013
6,678,013
100%
8,068,153
6,723,461
83%
8,068,153
100%
FUND BALANCE
Budget
Actuals %
Budget
Actuals %
Projection % $ Variance
Beginning Fund Balance
1,500,000
1,528,688 102%
1,364,608
1,364,608 100%
1,364,608 100% 0
Resources over Requirements
(7,467,111)
(6,842,093)
(8,455,342)
(6,025,692)
(7,288,886) 1,166,456;
Net Transfers - In (Out)
6,678,013
6,678,013
8,068,153
6,723,461
8,068,153
TOTAL FUND BALANCE
$ 710,902
$ 1,364,608 192%
$ 977,419
$ 2,062,377 211%
$ 2,143,875 219% $1,166,456::
A Higher utlization of our facility by other Counties.
B DOC reporting lower collection rate than originally anticipated.
C Fee collection higher than anticipated for OJD fees.
D No longer part of school lunch program. Adminstrative burden outweighted revenue received.
E Central Oregon Health Council grant award.
F No longer offering Adult Work Crew so unable to take on contracted work crew projects.
G Projected Personnel savings based on FY24/FY25 average vacancy rate of 8.8%
H Materials and services projections based on current spending trends.
Budget to Actuals Report
TRT a Fund 160/170
®" FY25 YTO April 30, 2025 (unaudited)
83.3%
Year Complete
Fiscal Year 2024
1Fiscal
Year 2025
RESOURCES
Budget Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Room Taxes
12,630,000 12,372,463
98%
12,100,000
11,090,314
92% i
12,584,000
104%
484,000 A
Interest on Investments
121,790 112,678
93%
68,000
87,515
129%
i 109,798
161%
1 41,798':
Miscellaneous
641
409
500
500':
TOTAL RESOURCES
12,751,790 12,485,782
98% i
12,168,000
11,178,238
92%
12,694,298
104%
526,298
REQUIREMENTS /° Budget Actuals g ° Budget Actuals % Projection % $Variance
COVA
3,378,641
3,307,981
98% E
3,236,105
2,762,510
85% !
3,368,464
104%
(132,359)' B
Grants & Contributions
3,000,000
3,000,000
100% i
2,000,000
2,000,000
100%
2,000,000
100%
C
Administrative
262,395
260,555
99%
265,588
210,135
79%
278,268
105% :'
(12,680)
Interfund Charges
213,587
213,587
100% i
186,611
155,509
83%
186,611
100%
Software
47,600
45,120
95%
47,750
40,000
84%
40,000
84%
7,750
TOTAL REQUIREMENTS
6,902,223
6,827,243
99% i
5,736,054
5,168,154
90% i
5,873,343
102% E
(137,289)
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Transfer Out - RV Park
(20,000)
(20,000)
100%
(20,000)
(16,667)
83%
(20,000)
100%
Transfer Out - Annual Fair
(75,000)
(75,000)
100%
(75,000)
(62,500)
83%
(75,000)
100%
Transfer Out - CDD
(100,000)
(83,333)
83%
(100,000)
100%
Transfer Out - Health
(368,417)
(368,417)
100%
(276,572)
(230,477)
83%
(276,572)
100%
Transfer Out - Justice Court
(364,688)
(286,744)
79%
(380,521)
(317,101)
83% i
(380,521)
100%
Transfer Out - F&E Reserve
(462,119)
(453,481)
98%
(442,396)
(368,663)
83%
(461,801)
104% '
(19,405)! D
Transfer Out - General County
(723,720)
(723,720)
100%
(921,670)
(768,058)
83%
(921,670)
100%
Reserve
Transfer Out - F&E
(1,009,023)
(988,867)
98%
(963,000)
(802,500)
83%
(1,008,279)
105%
(45,279)
Transfer Out - Courthouse Debt
(1,900,500)
(454,075)
24% ':
(1,501,000)
(750,500)
50% i
(1,501,000)
100%
Service
Transfer Out - Sheriff
(3,651,787)
(3,651,787)
100%
(3,751,787)
(3,126,489)
83%
(3,751,787)
100%
TOTAL TRANSFERS
(8,575,254)
(7,022,091)
82%
(8,431,946)
(6,526,288)
77%
(8,496,630)
101%
(64,684)':
FUND BALANCE
Budget
Actuals
%
Budget
Actuals
%
Projection
j
°
/o
$Variance
Beginning Fund Balance
4,527,362
4,527,362
100% '
3,163,809
3,163,809
100% '
3,163,809
100%
0
Resources over Requirements
5,849,567
5,658,538
6,431,946
6,010,084
6,820,955
389,009
Net Transfers - In (Out)
(8,575,254)
(7,022,091)
(8,431,946)
(6,526,288)
(8,496,630)
(64,684)
TOTAL FUND BALANCE
$324,325E
$ 1,801,675
$ 3,163,809
176%
$ 1,163,809
$ 2,647,606
227%
$ 1,488,134
128% E
A Room tax revenue up 2.0% from
FY24, up 4.3% compared to FY25
budget.
g Payments to COVA based on a percent of TRT collections
C Includes contributions of $2M to Sunriver Service
District
D The balance of the 1 % F&E TRT is transferred to
F&E reserves
E Remaining funds will be reserved in the TRT fund
to cover one year's worth
of debt service
of $1.5 million.
tzZ%,
uTES CBudget to Actuals Report
ARPA -Fund 200 83.3%
FY25 YTD April 30, 2025 (unaudited)
Year Complete
Fiscal Year 2024 Fiscal Year 2025
RESOURCES Budget Actuals % Budget Actuals % j ° $ Projection /o Variance
Local Assistance & Tribal
4,622,145
- 0%
4,622,145
- 0%
4,622,145
100%
Consistency
State & Local Coronavirus Fiscal
9,516,992
3,762,562 40%
3,888,833
5,354,430 138%
5,754,430
148% 1,865,597
Recovery Funds
Interest on Investments
319,460
297,738 93%
134,000
183,392 137%
183,392
137% 49,392
TOTAL RESOURCES
14,458,597
4,060,299 28% E
8,644,978
5,537,822 64%
10,559,967
122% 1,914,989!
REQUIREMENTS
Budget
Actuals
/
Budget
Actuals
/
Projection
%
$Variance
Services to Disproportionately
6,538,263
2,172,887
33%
1,956,342
711,619
36%
727,947
37%
1,228,395
Impacted Communities
Administrative
1,719,694
142,552
8%
1,010,306
46,860
5% 1
46,860
5%
963,446
Infrastructure
766,410
896,225
117% i
916,000
(169,678)
-19%
(151,678)
-17%
1,067,678
Public Health
560,926
400,898
71%
415,127
212,732
51%
212,733
51%
202,394
Negative Economic Impacts
252,363
150,000
59%
24,000
-
0% i
0%
24,000
TOTAL REQUIREMENTS
9,837,656
3,762,562
38%
4,321,775
801,533
19% [
835,862
19%
3,485,913':
TRANSFERS Budget Actuals % Budget Actuals % Projection g g � $Variance
Transfers Out - Capital Reserve (5,022,145) (400,000) 8% i -
Fund
Transfers Out -Campus (703,033) (134,162) 19% (4,756,307) 677% (4,053,274) A
Improvement
Transfers Out -General Fund - (3,919,112) (4,281,782) 109% (4,281,782) 109% (362,670)i B
TOTAL TRANSFERS (5,022,145) (400,000) 8% i (4,622,145) (4,415,944) 96% (9,038,089) 196% (4,415,944)
FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance
Beginning Fund Balance 401,204 401,204 100% 298,942 298,942 100% 298,942 100% (0)
Resources over Requirements 4,620,941 297,738 4,323,203 4,736,288 9,724,105 5,400,902
Net Transfers - In (Out) (5,022,145) (400,000) (4,622,145) (4,415,944) (9,038,089) (4,415,944)
TOTAL FUND BALANCE $ 298,942 999% $ 619,285 999% E $ 984,957 999% $984,95T
A $134,162 in interest earned on LACTF funds transferred to the Courthouse. LACTF funds will be transferred to the Courthouse project in FY25.
B $3,512,733 recategorized as revenue replacement and transferred to the General Fund along with $348,171 in interest earnings. $420,878 transferred to the DA
for their ARPA approved project.
1vT ES CMG Bt dget to Actuals Report
i
Z< Justice Court - Fund 220
"'��" FY25 YTD April 30, 2025 (unaudited)
83.3 %
Year Complete
Fiscal Year 2024
Fiscal Year 2025
RESOURCES
Budget Actuals
°
/°
Budget g
Actuals
%
Projection
j
% $Variance
Court Fines & Fees
525,000 528,051
101% '
504,200
423,363
84% i
504,200
100%
Interest on Investments
540 1,917
355%
2,000
1,851
93% 1
2,700
135% 1 700
TOTAL RESOURCES
525,540 529,969
101%
506,200
425,213
84%
506,900
100% `: 700
REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance
Personnel Services
652,767
644,229
99% I
622,013
502,877
81% ':
625,429
101%
(3,416)
Materials and Services
175,603
172,484
°
98 /°
197,784
174,833
88% ':
197,784
100%
i A
TOTAL REQUIREMENTS
828,370
816,713
99%
819,797
677,709
83%
823,213
100%
(3,416)
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Transfers In -TRT
364,688
286,744
79% 1
380,521
317,101
83%
380,521
100%
T:O'i'AL TRANSFERS
364,688
286,744
79% [
380,521
317,101
83%
380,521
100%
Resources over Requirements
(302,830)
(286,744)
(313,597)
(252,496)
(316,313)
(2,716)
Net Transfers - In (Out)
364,688
286,744
380,521
317,101
380,521
TOTAL
$ 61,858
(so)
0%
$ 66,924
$ 64,605
97% 1
$ 64,208
96%
t ($2,716)
A One time yearly software maintenance
fee paid in
July for entire fiscal
year.
OAFS.. Budget to Actuafc eport
�< Sheriff's Office -Fund 2 s,F,� 83.3%
ft.%wo'oFY25 YTD April 30, 2025 (unaudited)
Year Complete
Fiscal Fiscal Year 2025
RESOURCES Budget fictuais % Budget Actuals % Projection % $ Variance
LED #1 Property Tax Current
LED #2 Property Tax Current
Sheriffs Office Revenues
LED #1 Interest
LED #1 Property Tax Prior
LED #2 Interest
LED #2 Property Tax Prior
LED #1 Foreclosed Properties
LED #2 Foreclosed Properties
TOTAL RESOURCES
REQUIREMENTS
Digital Forensics
Rickard Ranch
Concealed Handgun Licenses
Sheriff's Services
Civil/Special Units
Automotive/Communications
Detective
Patrol
Records
Adult Jail
Court Security
Emergency Services
Special Services
Training
Other Law Enforcement
Non - Departmental
TOTAL REQUIREMENTS
TRANSFERS
Transfer In - TRT
Transfers Out
Transfers Out - Debt Service
TOTALTRANSFERS
FUND BALANCE
Beginning Fund Balance
Resources over Requirements
Net Transfers - In (Out)
TOTAL FUND BALANCE
38,006,062
38,088,346
100%
40,066,974
38,712,632
97%
39,711,000
99% '
(355,974)' A
15,189,654
15,221,876
100% ;
15,958,353
15,472,936
97% i
15,847,000
99%
(111,353) B
4,583,572
5,873,866
128%
7,034,935
6,828,441
97% ;
6,378,835
91%
(656,100)' C
264,000
515,925
195%
400,000
615,534
154% i
658,700
165% i
258,700;
330,000
333,126
101%
300,000
360,928
120%
360,928
120%
60,928
65,000
149,987
231%
150,000
241,589
161%
251,600
168%
101,600':
120,000
141,925
118%
120,000
147,997
123%
147,997
123%
27,997i
767
306
58,558,288
60,325,051
103%
64,030,262
62,381,130
97% i
63,356,060
99% ;
(674,202)
Budget Actuals °% Budget Actuals % Projection % $ Variance
1,221,145
1,286,784 105%
1,419,216
1,196,810
84% i
1,469,216
104% i
(50,000)
334,232
309,436
93%
610,205
317,819
52%
435,205
71%
175,000: D
624,277
447,501
72%
592,803
392,993
66% i
517,803
87% E
75,000 D
5,771,949
5,296,307
92%
5,230,244
4,542,132
87%
5,505,244
105% i
(275,000)
1,019,021
1,066,063
105%
1,281,834
1,017,942
79%
1,206,834
94%
75,000 D
4,574,918
4,050,982
89% ':
4,152,483
2,934,278
71% i
4,002,483
96% i
150,000 D
4,773,538
4,175,876
87% i
4,710,801
3,277,266
70%
4,110,801
87%
600,000 D
16,270,641
14,471,496
89% `:
15,307,105
11,786,810
77%
14,857,105
97% i
450,000' D
855,590
705,173
82% i
875,606
626,229
72%
805,606
92% ;
70,000: D
23,784,474
20,951,689
88%
25,112,557
18,479,095
74%
23,343,051
93%
1,769,506; D
600,590
570,292
95%
649,844
429,912
66%
574,844
88%
75,000 D
808,931
668,053
83%
888,223
600,262
68%
838,223
94%
50,000? D
2,779,458
2,926,535
105% ;
3,055,000
2,191,233
72%
2,705,000
89%
350,000' D
1,537,498
1,205,912
78%
1,765,299
913,087
52%
1,340,299
76%
425,000 D
634,835
908,232
143%
959,055
481,740
50% i
784,055
82% i
175,000i D
50,000
100,000
200%
-
0
0% i
65,641,097
59,140,333
90%
66,610,275
49,187,606
74% ;
62,495,769
94%
4,114,506
Budget
Actuals
%
Budget
Actuals
°%
Projection
% $ Variance
3,651,787
3,651,787
100%
3,751,787
3,126,489
83%
3,751,787
100%
(6,500)
(6,500)
100%
(94,100)
(52,870)
56%
(94,100)
100%
(267,700)
(264,358)
99% ?
(258,500)
(129,250)
50%
(258,500)
100%
3,377,587
3,380,929
100% '
3,399,187
2,944,370
87% S
3,399,187
100%
Budget Actuals % Budget
11,001,214 11,001,214 100°% 15,566,862
(7,082,809) 1,184,718 (2,580,013)
3,377,587 3,380,929 3,399,187
$ 7,295,992 $ 15,566,861 213% $ 16,386,036
Actuals % Projection % $ Variance
15,566,861 100% 15,566,861 100% i (1)
13,193,524 860,291 3,440,304;
2,944,370 3,399,187
$ 31,704,755 193% $ 19,826,339 121% 1 $3,440,303E
A Current year taxes received primarily in November, February and May; actual FY24-25 TAV is 4.64% over FY23-24 vs. 5.2% budgeted.
B Current year taxes received primarily in November, February and May; actual FY24-25 TAV is 4.64% over FY23-24 vs. 5.2% budgeted.
C Some additional revenue for the Jail and Special Service; reduction of Marijuana Grant revenue that will not be used until FY26.
D Combination of projected personnel savings and reduced spending in M&S/Capital
E5 Budget to Actuals Report
2< Health Services - Fund' 274
FY25 YTD April 30, 2025 (unaudited)
83.3%
Year Complete
Fiscal Year 2024
1Fiscal
Year 2025
RESOURCES
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
State Grant
23,757,820
20,712,977
87%
28,230,604
22,602,407
80%
22,663,001
80%
(5,567,603)'
OHP Capitation
16,494,114
17,439,562
106%
17,529,405
14,183,490
81%
17,002,060
97%
(527,345)
State Miscellaneous
5,793,079
5,029,687
87%
7,330,050
7,739,800
106%
9,511,453
130%
; 2,181,403?
OHP Fee for Service
4,947,581
5,809,490
117%
4,788,744
4,796,009
100% ;
5,605,924
117%
; 817,180;
Local Grants
1,567,894
2,035,060
130%
2,763,131
1,654,130
60%
2,751,999
100%
(11,132):
Environmental Health Fees
1,478,906
1,483,715
100%
1,637,892
1,599,055
98%
1,658,577
101%
! 20,685
State -Medicaid/Medicare
1,034,491
1,149,710
111%
1,587,117
897,943
57%
1,042,309
66%
(544,808)
Other
1,061,371
2,326,567
219%
1,293,235
800,233
62% E
777,623
60%
(515,612)
Federal Grants
1,440,560
1,321,402
92%
987,369
316,570
32%
380,381
39%
(606,988)
Patient Fees
1,087,790
890,377
82%
761,626
645,391
85%
754,604
99%
(7,022):
Medicaid
431,000
1,201,524
279%
627,276
1,021,812
163%
1,340,611
214%
713,335
Vital Records
315,000
336,256
107%
318,000
279,279
88%
333,190
105%
15,190'
Interest on Investments
262,007
737,122
281%
317,000
622,509
196%
i 772,100
244%
455,100
State - Medicare
209,500
300,513
143%
195,057
337,639
173%
375,799
193%
180,742
Liquor Revenue
177,574
188,547
106%
177,574
106,283
60%
177,574
100%
i
Interfund Contract- Gen Fund
127,000
0%
169,000
105,833
63%
169,000
100%
State Shared- Family Planning
158,000
83,152
53%
75,000
29,140
39%
29,140
39%
(45,860)
TOTAL RESOURCES
60,343,687
61,045,659
101%
68,788,080
57,737,523
84% I
65,345,345
95%
(3,442,735):
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Administration Allocation
4,984
0
0%
Personnel Services
52,118,863
51,416,037
99%
58,826,382
45,584,376
77%
56,133,652
95%
2,692,730€
Materials and Services
19,836,301
15,061,997
76%
23,299,078
14,650,469
63%
19,065,930
82%
4,233,148:
Capital Outlay
347,500
578,091
166%
1,932,000
501,222
26%
678,185
35%
1,253,815:
TOTAL REQUIREMENTS
72,307,648
67,056,125
93%
84,057,460
60,736,067
72%
75,877,767
90%
E 8,179,693i
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Transfers In -General Fund
6,780,140
6,050,314
89%
7,218,715
0% '•.
6,914,116
96%
(304,599)'
Transfers In-OHP Mental Health
2,210,573
407,071
18%
4,266,163
0%
1,734,122
41%
(2,532,041)';
Transfers In- Acute Care Service
626,000
621,684
99%
621,684
99%
(4,316)
Transfers In -TRT
368,417
368,417
100%
276,572
230,477
83%
276,572
100%
i
Transfers In -Video Lottery
250,000
250,000
100% i
250,000
100%
Transfers In -Sheriffs Office
30,000
30,000
100%
30,000
100%
Transfers Out
(1,332,674)
(877,923)
66%
(1,996,086)
(1,564,074)
78%
(1,622,816)
81%
373,270
TOTAL TRANSFERS
8,026,456
5,947,879
74% E
10,671,364
(431,914)
-4%
8,203,678
77%
(2,467,686):
FUND BALANCE
Budget
Actuals %
Budget
Actuals %
Projection %
$ Variance
Beginning Fund Balance
11,417,516
12,519,113 110%
12,456,527
12,456,527 100%
12,456,527 100%
0:
Resources over Requirements
(11,963,961)
(6,010,466)
(15,269,380)
(2,998,544)
; (10,532,422)
4,736,958i
Net Transfers - In (Out)
8,026,456
5,947,879
10,671,364
(431,914)
8,203,678
(2,467,686):
TOTAL FUND BALANCE
$ 7,480,011
$ 12,456,527 167%
$ 7,858,511
$ 9,026,069 115% E
$ 10,127,783 129%
$2,269,272 i
\\uTES C0G Budget to Actuals Report
2< Health Services - Admin - Fend 74 83.3%
FY25 YTD April 30, 2025 (unaudited)
Year Complete
Fiscal Year 2024 '+SF_ Fiscal Year 2025
RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance
Other
9,000
167,850
999%
511,588
483,331
94% i
247,234
48%
(264,354): A
OHP Capitation
435,349
435,349
100% :'
474,674
383,679
81%
457,240
96%
(17,434)
Interest on Investments
262,007
737,122
281%
317,000
622,509
196% 1
772,100
244% ':
455,100
State Grant
160,000
148,958
93%
132,289
260,597
197%
131,689
100%
(600); A
TOTAL RESOURCES
866,356
1,489,279
172%
1,435,551
1,750,116
122%
1,608,263
112%
172,712
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Personnel Services
6,769,513
6,539,032
97%
7,890,669
6,155,703
78%
7,644,020
97%
246,649: B
Materials and Services
7,671,421
7,578,213
99%
8,977,091
7,209,325
80%
8,844,606
99% `'.
132,485
Capital Outlay
43,750
87,587
200%
Administration Allocation
(12,633,378)
(12,633,396)
100%
(15,251,333)
(7,612,502)
50%
(15,251,333)
100% s
TOTAL REQUIREMENTS
1,851,306
1,571,436
85%
1,616,427
5,752,527
356% ;
1,237,293
77% s
379,134
TRANSFERS Budget Actuals /° Budget g j ° Actuals % Projection % $Variance
Transfers In- OHP Mental Health
81,250
81,250
100%
Transfers Out
(300,174)
(315,174)
105% (377,446) (318,705) 84% (377,446) 100%
TOTAL TRANSFERS
(218,924)
(233,924)
107% (377,446) (318,705) 84% (377,446) 100%
FUND BALANCE
Budget
Actuals %
Budget
Actuals %
Projection % $ Variance
Beginning Fund Balance
3,665,544
3,786,843 103% s
3,470,762
3,470,762 100%
3,470,762 100% 0
Resources over Requirements
(984,950)
(82,157)
(180,876)
(4,002,411)
370,970 551,846
Net Transfers - In (Out)
(218,924)
(233,924)
(377,446)
(318,705)
(377,446)
TOTAL FUND BALANCE
$ 3,464,286 119% $551,846
$ 2,461,670
$ 3,470,762 141%
$ 2,912,441
($ 850,354) -29%
A Projection includes adjustment for anticipated unearned revenue. Amounts will be finalized at fiscal year-end.
B Personnel projections assume 3% vacancy.
1E, Budget try Actuals Report
Health Services - Behavioral Health - Fund 274 83.3%
"V.i FY25 YTD Aprii 30, 2025 (unaudited)
Year Complete
Fiscal Year 2024 Fiscal Year 2025
RESOURCES Budget Actuals /o Budget Actuals % Projection % $ Variance
State Grant
17,967,689
14,679,278 82%
21,305,001
17,122,262
80%
15,050,648
71%
(6,254,353): A
OHP Capitation
16,058,765
16,886,706 105%
16,694,731
13,509,139
81%
16,192,318
97%
(502,413): B
State Miscellaneous
4,924,368
4,427,643 90%
6,861,414
7,380,858
108%
8,724,729
127%
1,863,315': C
OHP Fee for Service
4,927,331
5,777,316 117%
4,764,259
4,767,752
100%
5,569,040
117%
804,781
Local Grants
1,348,943
1,395,962 103%
2,427,949
1,212,660
50%
2,199,137
91 %
(228,812) D
Federal Grants
1,285,560
1,186,400 92%
824,623
197,998
24%
197,998
24% :'
(626,625); E
Medicaid
431,000
1,201,524 279%
627,276
1,021,812
163%
1,340,611
214%
713,335: F
Patient Fees
448,500
679,928 152%
575,975
542,682
94% i
628,371
109%
52,396
State -Medicare
209,500
300,513 143%
195,057
337,639
173% i
375,799
193%
180,742 G
Liquor Revenue
177,574
188,547 106%
177,574
106,283
60%
177,574
100%
Interfund Contract -Gen Fund
127,000
0%
127,000
105,833
83% i
127,000
100%
Other
631,245
688,382 109%
6,241
24,635
395%
27,616
442%
21,375
TOTAL RESOURCES
48,537,475
47,412,198 98%
54,587,100
46,329,552
85%
50,610,841
93%
(3,976,259)
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Administration Allocation
9,546,200
9,546,201
100%
11,474,916
5,734,260
50%
11,474,916
100%
Personnel Services
33,370,785
32,911,255
99%
37,998,825
29,257,761
77%
36,021,211
95%
1,977,614: H
Materials and Services
9,740,566
5,397,546
55%
11,393,406
6,098,077
54%
7,569,187
66%
3,824,219 1
Capital Outlay
160,250
234,772
147%
1,932,000
501,222
26% [
678,185
35%
1,253,815; J
TOTAL REQUIREMENTS
52,817,801
48,089,773
91 %
62,799,147
41,591,320
66 %
55,743,499
89%
7,055,648::
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Transfers In- OHP Mental Health
1,809,358
5,856
0%
3,962,859
0%
1,430,818
36%
(2,532,041)':
Transfersln- General Fund
2,231,439
1,501,613
67%
2,088,273
0%
1,783,674
85%
(304,599) K
Transfers In -Acute Care Service
626,000
621,684
99 %
621,684
99 %
(4,316)
Transfers In -Sheriffs Office
30,000
30,000
100%
30,000
100%
Transfers Out
(481,000)
(562,749)
117%
(445,000)
(80,309)
18 %
(80,309)
18%
364,691
TOTAL TRANSFERS
3,559,797
944,720
27 %
6,262,132
571,375
9%
3,785,867
60 %
(2,476,265);
FUND BALANCE
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Beginning Fund Balance
3,989,589
4,679,830
117% i
4,946,976
4,946,976
100%
4,946,976
100%
i 0
Resources over Requirements
(4,280,326)
(677,575)
(8,212,047)
4,738,231
(5,132,658)
3,079,389
Net Transfers - In (Out)
3,559,797
944,720
6,262,132
571,375
3,785,867
(2,476,265)
TOTAL FUND BALANCE $ 3,269,060 $ 4,946,976 151 % $ 2,997,062 $ 10,256,582 342 % $ 3,600,185 120 % $603,
A Projections include $2M budgeted that is now in State Miscellaneous and adjustments for anticipated unearned revenue, including $3M for Behavioral Health
housing. Amounts will be finalized at fiscal year-end
B OHP enrollment tracking lower than budgeted.
C $2M originally budgeted to be received in State Grant line for Secure Residential Treatment Facility.
D Projection includes adjustment for anticipated unearned revenue. Amounts will be finalized at fiscal year-end.
E Budget assumes approval of a one-year No Cost Extension for SAMHSA System of Care Grant that was denied. Projections remove award and related County
General Fund match.
F Includes revenue for retroactive rate increase for Open Card members.
G Medicare tracking higher than budgeted.
►1 Personnel projections assume 6% vacancy. Includes continuation of paid internship program, which began in January 2024 and was not originally budgeted.
I $3.6M budgeted for BH Housing in Grants. Of that, approximately $900K projected for expenditure in FY25 purchasing under "capital outlay' for the purchase of a
building to expand adult foster home capacity in the county. A decision on this item will be brought to the Commissioners during a future Executive Session.
J Original budget included tenant improvement costs for expansion at a new site in La Pine, which will not occur in FY25. Projected expenses primarily related to
purchase and renovation of an Adult Foster Home with HB 5202 funds.
K Reduction in County General Fund related to no longer needing local match contribution of SAMHSA System of Care Grant, which ended August 2024.
,SES C Budget to Actuals Report
oy Health Set -vices - Public Health - Fund 274 83.3%
FY25 Y' D April 30, 2025 (unaudited)
Year Complete
Fiscal Year 2024 Fiscal Year 2025
RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance
State Grant
5,630,131
5,884,742
105% '
6,793,314
5,219,548
77%
7,480,664
110% ':
687,350'; A
Environmental Health Fees
1,478,906
1,483,715
100%
1,637,892
1,599,055
98%
1,658,577
101 %
20,685! B
State • Medicaid/Medicare
1,034,491
1,149,710
111 %
1,587,117
897,943
57%
1,042,309
66%
(544,808); C
Other
421,126
1,470,335
349%
775,406
292,267
38%
502,773
65%
(272,633) D
State Miscellaneous
868,711
602,044
69 %
468,636
358,942
77 %
786,724
168 %
318,088 E
OHP Capitation
-
117,506
360,000
290,672
81 %
352,502
98%
(7,498)':
Local Grants
218,951
639,098
292%
335,182
441,470
132%
552,862
165%
217,680 F
Vital Records
315,000
336,256
107%
318,000
279,279
88%
333,190
105%
15,190
Patient Fees
639,290
210,450
33%
185,651
102,710
55%
126,233
68%
(59,418)
Federal Grants
155,000
135,003
87 %
162,746
118,572
73 %
182,383
112 %
19,637;
State Shared -Family Planning
158,000
83,152
53%
75,000
29,140
39%
29,140
39%
(45,860)G
Interfund Contract- Gen Fund
42,000
0%
42,000
100%
OHP Fee for Service
20,250
32,173
159%
24,485
28,257
115%
36,884
151%
12,399
TOTAL RESOURCES
10,939,856
12,144,182
111 %
12,765,429
9,657,855
76%
13,126,241
103%
360,812
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Administration Allocation
3,092,162
3,087,195
100%
3,776,417
1,878,242
50%
3,776,417
100%
i
Personnel Services
11,978,565
11,965,751
100% 1
12,936,888
10,170,911
79%
12,468,421
96%
468,467 H
Materials and Services
2,424,314
2,086,239
86% `.
2,928,582
1,343,066
46%
2,652,137
91 %
276,445
Capital Outlay
143,500
255,731
178%
TOTAL REQUIREMENTS
17,638,541
17,394,916
99%
19,641,887
13,392,220
68% i
18,896,975
96%
i 744,912
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
% $ Variance
Transfers In -Genera; Fund
4,548,701
4,548,701
100%
5,130,442
0%
5,130,442
100%
Transfers In- OHP Mental Health
319,965
319,965
100%
303,304
0%
303,304
100%
Transfers In - TRT
368,417
368,417
100%
276,572
230,477
83 %
276,572
100%
Transfers In - Video Lottery
250,000
250,000
100% ;
250,000
100%
Transfers Out
(551,500)
0%
(1,173,640)
(1,165,061)
99%
(1,165,061)
99% 8,579
TOTAL TRANSFERS
4,685,583
5,237,083
112%
4,786,678
(684,584) -14%
4,795,257
100% 8,579
FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance
Beginning Fund Balance 3,762,383 4,052,440 108% 4,038,789 4,038,789 100% 4,038,789 100% 0
Resources over Requirements
(6,698,685) (5,250,734) (6,876,458) (3,734,364) (5,770,734) 1,105,724;
Net Transfers - In (Out) 4,685,583 5,237,083 4,786,678 (684,584) 4,795,257 8,579
TOTAL FUND BALANCE $ 1,749,281 $ 4,038,789 231% ' $ 1,949,009 ($ 380,159) .20% $ 3,063,312 157% E $1,114,303::
A Awarded OHA Strategic Prevention Framework funding and additional Tobacco Prevention funding. Budget adjustment forthcoming ($92K for FY25).
Projections include adjustments to certain COVID-related CDC funding expenditure deadline changes. State grant amounts will be finalized at fiscal year-end.
B In September, Board approved an additional 8% fee increase effective October 1, 2024.
C Projections less than budget due to Reproductive Health Clinic closures as of October 1, 2024 and MAC funding originally budgeted in Medicaid, but actuals
coming through as State Miscellaneous.
D Projection less than budget due to Opioid Settlement payments being directly received within Fund 001 as of July (392K originally budgeted) and state funding
for Family Connects Oregon coming through state grant (additional 238K).
E Medicaid Administrative Claim (MAC) was originally budgeted in Medicaid, but actuals coming through as State Miscellaneous.
F Public Health received 2023 Quality Incentive Metric funds
G Projections less than budget due to Reproductive Health Clinic closures as of October 1, 2024.
H Personnel projection assumes an average of 2% vacancy.
I Opioid Settlement Funds transferring from Health Services to Fund 001
`\�uTFS C0G Budget to Actuals Report
oy 2< Community Development ® Fund 295
FY25 YTD April 30, 2025 (unaudited)
RESOURCES
Admin - Operations
Code Compliance
Building Safety
Electrical
Onsite Wastewater
Current Planning
Long Range Planning
TOTAL RESOURCES
REQUIREMENTS
Admin - Operations
Code Compliance
Building Safety
Electrical
Onsite Wastewater
Current Planning
Long Range Planning
TOTAL REQUIREMENTS
TRANSFERS
Transfers In - CDD Building
Reserve
Transfers In - CDD Electrical
Reserve
Transfers In - CDD Operating Fund
Transfers in - General Fund
Transfers In -TRT
Transfers Out
Transfers Out - CDD Reserve
TOTALTRANSFERS
83.3%
Year Complete
Fiscal Year 2024
Fiscal Year 2025
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
157,300
148,681
95%
144,238
118,188
82%
141,060
98%
E (3,178)
1,124,181
840,865
75%
1,003,933
926,318
92% E
1,088,433
108%
1 84,500E A
3,991,388
3,372,838
85%
i 3,414,568
2,766,658
81% E
3,251,868
95%
E (162,700): B
902,175
796,598
88%
i 918,502
724,223
79%
886,502
97%
(32,000); B
923,880
909,862
98%
1,028,065
805,780
78%
949,957
92%
(78,108) B
2,304,562
1,708,739
74%
1,916,960
1,819,075
95% {
2,175,860
114%
258,900` A
1,057,354
746,065
71%
974,972
985,647
101%
1,119,522
115%
144,550 A
10,460,840
8,523,648
81%
9,401,238
8,145,889
87% E
9,613,202
102%
211,964'
Budget Actuals % Budget Actuals % Projection % $ Variance
3,241,288
2,955,422
91%
3,552,093
2,834,130
80%
3,460,651
97%
91,442E C
743,931
655.434
88% s
801,574
600,296
75% E
759,776
95%
41,798 C
2,088,542
1,863,677
89%
2,133,076
1,577,143
74% E
1,945,834
91%
187,242 C
583,718
560,356
96%
612,818
499,926
82% E
621,030
101%
(8,212)
865,670
732,454
85% E
724,202
555,363
77%
696,300
96% E
27,902 C
1,857,735
1,416,212
76% E
1,410,470
1,034,851
73% [
1,242,140
88% E
168,330E C
888,677
714,855
80% ':
757,012
626,670
83%
781,514
103% !
(24,502) C
10,269,561
8,898,411
87%
9,991,245
7,728,380
77% E
9,507,245
95%
484,000E
Budget Actuals % Budget
Actuals
%
Projection
%
$ Variance
622,630
435,274
70% [
576,522
93%
E (46,108) D
86,721 50,027 58% 222,200
195,140
88%
219,181
99%
(3,019)` D
510,105
47,445
9% E
131,502
0%
0% E
(131,502)
100,000
48,181
48% f
100,000
11,805
12%
50,000
50%
(50,000)
100,000
83,333
83%
100,000
100%
(107,544)
(107,544)
100%
(122,752)
(233,698)
190% '
(267,000)
(796,500)
298% : :
(796,500)
298%
(529,500) E
466,530
(195,589)
42%
909,332
(70,947)
-8% i
149,203
16%
(760,129)
FUND BALANCE
Budget
Actuals /
Budget
Actuals /
Projection %
$Variance
Beginning Fund Balance
1,317,921
1,322,717 100%
752,366
752,366 100% '
753,666 100%
1,300
Resources over Requirements
191,279
(374,763)
(590,007)
417,509
105,957
695,964
Net Transfers - In (Out)
466,530
(195,589)
909,332
(70,947)
149,203
(760,129)'
TOTAL FUND BALANCE
$ 1,975,730
$ 752,366 38% [
$ 1,071,691
$ 1,098,928 103% :
: $ 1,008,826 94% i
($62,865)
A YTD revenue collection is higher than anticipated.
B YTD revenue collection is lower than anticipated due to reduced building valuations and permitting volumes.
C Net increases/decreases are the result of increased HBF costs, 2 new FTE, unfilled positions, FMLA savings and standard M&S adjustments.
D Transfer from reserves for one new FTE and contribution to contingency requirement.
E Transfer to reserves reduced general divisions contingency requirement.
E5 Budget to Actuals Report
?< Road - Fund 325 83.3%
R/ FY25 YTD April 30, 2025 (unaudited)
Year Complete
Fiscal Year 2024 Fiscal Year 2025
RESOURCES Budget Actuals % Budget Actuals % Projection
g g j $Variance
Motor Vehicle Revenue
20,648,483
21,099,991
102%
21,484,773
18,326,710
85% `:
21,484,773
100%
Federal - PILT Payment
2,240,000
2,394,054
107%
2,741,447
2,401,480
88%
2,401,480
88%
(339,967);
Other Inter -fund Services
1,450,015
1,574,821
109%
1,368,191
794,796
58%
1,796,806
131%
428,615;
Cities-Bend/Red/Sis/La Pine
763,171
961,664
126%
988,063
314,942
32%
756,316
77%
(231,747);
Sale of Equip & Material
614,500
370,308
60% 's
486,300
295,691
61%
725,000
149%
238,700
Interest on Investments
138,031
195,226
141%
158,000
257,242
163% '
303,000
192%
145,000
Federal Reimbursements
689,703
342,290
50%
137,000
0%
137,000
100%
Miscellaneous
73,808
70,690
96%
61,132
69,969
114%
80,472
132%
19,340
Mineral Lease Royalties
50,000
131,078
262%
50,000
179,852
360% ':
': 179,852
360%
129,852i
Assessment Payments (P&I)
6,000
11,471
191%
5,000
2,241
45%
6,500
130%
1,500
IF Capital Projects - Revenue
-
121,966
121,966
121,966
TOTAL RESOURCES
26,673,711
27,151,594
102%
27,479,906
22,764,889
83%
27,993,165
102%
' 513,259
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Personnel Services
8,406,468
8,507,587
101%
9,556,843
7,572,577
79%
9,361,952
98%
': 194,891 A
Materials and Services
8,600,033
7,244,549
84%
9,992,969
6,532,252
65%
9,246,572
93%
746,397
Capital Outlay
118,260
53,591
45%
TOTAL REQUIREMENTS
17,124,761
15,805,727
92%
19,549,812
14,104,829
72%
18,608,524
95%
i 941,288
TRANSFERS Budget Actuals % Budget Actuals % j Pro ection % $Variance
Transfers Out (12,700,000) (12,700,000) 100% 1 (10,720,695) (6,405,029) 60% (10,720,695) 100%
TOTAL TRANSFERS (12,700,000) (12,700,000) 100% (10,720,695) (6,405,029) 60% (10,720,695) 100%
FUND BALANCE
Budget
Actuals
° /°
Budget
Actuals /°
Projection %
1
$Variance
Beginning Fund Balance
5,521,251
7,351,679
133%
5,997,546
5,997,546 100%
5,997,546 100% '
(0)
Resources over Requirements
9,548,950
11,345,867
7,930,094
8,660,061
9,384,642
1,454,548
Net Transfers - In (Out)
(12,700,000)
(12,700,000)
(10,720,695)
(6,405,029)
(10,720,695)
TOTAL FUND BALANCE
$ 2,370,201
$ 5,997,546
253%
$ 3,206,945
$ 8,252,578 257%
$ 4,661,492 145%
$1,454,547!
A Projected Personnel savings
based on FY24/FY25 average vacancy
rate of 4.7%
ES CMG Budget to Actuals Report
�< Adult P&P - Fund 355 83.3%
FY25 YT0 April 30, 2025 (unaudited)
Year Complete
Fiscal Year 2024 Fiscal Year 2025
RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance
DOC Grant in Aid SB 1145
4,116,464
4,143,196
101%
4,693,331
4,717,803
101%
4,717,803
101% ;
24,472 A
CJC Justice Reinvestment
943,172
1,103,019
117%
1,167,810
1,364,189
117%
1,364,189
117% 1
196,379's B
DOC Measure 57
256,815
259,307
101% '
259,307
309,115
119%
309,115
119% '
49,808 C
Interest on Investments
75,230
87,583
116%
73,000
105,630
145%
126,500
173%
53,500 D
Interfund- Sheriff
50,000
50,000
100%
60,000
50,000
83%
60,000
100%
Other Inter -fund Services
-
-
50,000
0%
30,000
60%
(20,000)i
State Miscellaneous
22,607
116,078
513%
19,709
0%
19,709
100%
Miscellaneous
500
1,062
212%
500
18,306
999% ':
18,306
999%
17,806 E
Oregon BOPPPS
20,318
7,686
38% ':
12,632
12,632
12,632':
Gen Fund/Crime Prevention
50,000
50,000
100%
-
Electronic Monitoring Fee
500
258
52%
-
TOTAL RESOURCES
5,535,606
5,818,189
105%
6,323,657
6,577,674
104%
6,658,254
105%
334,597
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
$ Variance
Personnel Services
5,757,511
5,239,314
91%
6,387,456
4,560,695
71%
5,533,947
87%
853,509 F
Materials and Services
1,818,521
1,788,936
98%
1,984,229
1,406,394
71%
1,832,020
92%
152,209 G
TOTAL REQUIREMENTS
7,576,032
7,028,249
93%
8,371,685
5,967,090
71%
7,365,967
88%
1,005,718
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Transfers In -General Funds
536,369
601,369
112%
703,369
586,141
83% ':
703,369
100%
Transfers In- Health Services
50,000
_
0%
Transfer to Vehicle Maint
(75,419)
(75,419)
100% '
(76,405)
(63,671)
83%
(76,405)
100%
TOTAL TRANSFERS
510,950
525,950
103%
626,964
522,470
83%
626,964
100%
FUND BALANCE
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Beginning Fund Balance
3,000,000
3,010,934
100% ':
2,326,824
2,326,824
100%
2,326,824
100%
0
Resources over Requirements
(2,040,426)
(1,210,060)
(2,048,028)
610,584
(707,713)
1,340,315:
Net Transfers - In (Out)
510,950
525,950
626,964
522,470
626,964
TOTAL FUND BALANCE
$ 1,470,524
$ 2,326,824
158%
$ 905,760
$ 3,459,878
382%
$ 2,246,075
248%
$1,340,315i
A Final Grant In Aid Allocation based on legislative changes.
B Carry over from fiscal year 2024.
G Additional M57 funding provided to Deschutes County.
D Carry over from fiscal year 2024.
E Additional funding provided by parole board for hearings conducted by County staff.
F Projected Personnel savings based on FY24/FY25 average vacancy rate of 15.5%
G Materials and services projections based on current spending trends.
1�1E5 Budget to Actuals Report
2< Road CIP - Fund 465 83.3%
"Z3 FY25 YTD April 30, 2025 (unaudited)
Year Complete
Fiscal Year 2024 Fiscal Year 2025
RESOURCES Budget Actuals % Budget Actuals % projection % $ Variance
State Miscellaneous 1,704,116 2,342,101 137% 881,339 890,115 101% 890,115 101% 8,776€
Interest on Investments 475,310 580,958 122% 476,000 486,210 102% `: 561,600 118% 85,600:
Miscellaneous - 28,774
TOTAL RESOURCES 2,179,426 2,951,833 135% 1,357,339 1,376,325 101% 1,451,715 107% 94,376
REQUIREMENTS
Budget
g
Actuals
°
/°
Budget
Actuals
%
projection
%
$Variance
Materials and Services
132,770
132,770
100%
134,492
112,077
83%
134,492
100%
Capital Outlay
24,009,399
22,991,686
96%
16,189,012
4,558,684
28%
10,692,047
66%
5,496,9651
TOTAL REQUIREMENTS
24,142,169
23,124,456
96%
16,323,504
4,670,761
29%
10,826,539
66%
5,496,965E
TRANSFERS
Budget
g
Actuals
%
Budget
g
Actuals
%
projection
�
$Variance
Transfers In
12,500,000
12,500,000
100%
10,631,333
4,315,667
41%
9,086,662
85%
(1,544,671)E
TOTAL TRANSFERS
12,500,000
12,500,000
100%
10,631,333
4,315,667
41%
9,086,662
85%
(1,544,671)
FUND BALANCE
Budget
g
Actuals %
Budget
g
Actuals %
projection
�
$Variance
Beginning Fund Balance
19,012,380
23,347,907 123% '
15,675,284
15,675,284 100%
' 15,675,284 100%
(0)
Resources over Requirements
: (21,962,743)
(20,172,623)
(14,966,165)
(3,294,435)
(9,374,824)
: 5,591,341 E
Net Transfers - In (Out)
12,500,000
12,500,000
10,631,333
4,315,667
9,086,662
(1,544,671)E
TOTAL FUND BALANCE
$ 9,549,637
$ 15,675,284 164%
$ 11,340,452
$ 16,696,515 147% E
$ 15,387,122 136%
$4,046,670:
�11ES ��GL Budget to Actuals Report
Road CEP (Fund 465) - Capital Outlay Summary by Project
83.33%
FY25 YTD April 30, 2025
Year Completed
Fiscal Year 2024
Fiscal Year 2025
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Hunnel Rd: Loco Rd to Tumalo Rd
2,693,318
2,544,568
94 %
213,235
373,777
(373,777)
Powell Butte Hwy/Butler Market RB
1,950,000
1,551,099
80 %
1,095,760
845,205
77 %
853,208
78 %
242,552:
Wilcox Ave Bridge #2171-03 Replacement
160,000
65,837
41 %
135,000
84%
25,000
Paving Tumalo Rd/Deschutes Mkt Rd
-
520,000
471,376
91 %
527,518
101 %
(7,518)
Hamehook Rd Bridge #16181 Rehabilitation
380,000
367,224
97%
1,930,500
1,434,444
74%
1,791,900
93%
': 138,600:
NW Lower Bridge Way: 43rd St to Holmes Rd
159,140
105,726
66% `:
1,650,000
190,207
12% [
300,000
18%
t 1,350,000i
Northwest Way: NW Coyner Ave to NW Altmeter Wy
-
85,000
0%
50,000
59%
35,000
Tumalo Reservoir Rd: OB Riley to Sisemore Rd
180,000
197,240
110 %
2,417,752
205,697
9 %
418,600
17 %
`: 1,999,152::
Local Road Pavement Preservation
Paving Of Horse Butte Rd
-
630,000
0%
-
0%
630,000.
Paving Of Obr Hwy: Tumalo To Helmho
2,600,000
2,303,234
2,520,000
291,406
12 %
291,406
12 %
2,228,594
La Pine Lie Stormwater Improvements
240,000
0%
240,000
100
S Century Dr / Spring River Rd Roun
10,000
244
1,650,000
628,202
38 % i
1,200,000
73%
450,000
Burgess Rd/Day Rd Traffic Signal
50,000
0%
0%
50,000
Powell Butte Hwy: McGrath Rd to US20
2,290,000
3,169
0% ':
2,900,000
127 %
(610,000):
Slurry Seal 2025
350,000
717
0%
490,000
140 %
i (140,000):
Hamby Road School Zone Improvements
-
75,442
80,000
(80,000)
ODOT ARTS Program - Driver Speed Feedback Signs
24,161
24,161
100 % ;
24,161
100 %
0
Lazy River Dr Mailbox Improvements
150,000
108,477
72 %
108,477
72 %
41,523:
Asphalt Leveling 2024
200,000
1,107
1 % `:
363,000
182 %
:` (163,000)
Tumalo Rd
500,000
(500,000):
FY 23 Guardrail Improvements
Signage improvements
125,839
0%
-
0%
125,839
Sidewalk Ramp Improvements
-
100,000
0%
45,000
45%
55,000
TOTAL CAPITAL OUTLAY
$ 7,972,458
$ 7,069,335
89%i
$ 16,189,012
4,558,684
28%(
10,692,047
66%:
$ 5,496,965
Budget to Actuals Report
Solid Waste - Fund 610
`-MO/ FY25 ) TD April 30, 2025 (unaudited)
RESOURCES
Franchise Disposal Fees
Commercial Disp. Fee
Private Disposal Fees
Special Waste
Franchise 5% Fees
Yard Debris
Miscellaneous
Interest on Investments
Recyclables
Leases
Other Inter -fund Services
Local Grants
TOTAL RESOURCES
83.3%
Year Complete
Fiscal Year 2024
Fiscal Year 2025
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
8,000,000
8,858,989
111%
9,940,000
8,443,792
85%
10,170,000
102%
230,000 A
3,310,000
3,984,563
120% E
4,450,000
3,531,007
79%
4,195,000
94%
(255,000) A
3,450,000
3,236,947
94% E
3,420,000
2,928,150
86%
3,625,000
106%
E 205,000 A
30,000
103,947
346%
645,000
137,860
21% E
160,000
25%
i (485,000)B
565,000
646,761
114%
635,000
678,321
107% E
750,000
118%
115,000E C
400,000
456,528
114%
440,000
374,295
85%
450,000
102%
10,000 D
173,000
290,694
168%
170,000
157,075
92%
181,200
107% E
11,200E
60,410
147,126
244%
62,000
184,059
297%
213,100
344% '
151,100 E
7,000
7,669
110%
7,000
13,916
199%
15,000
214% !
8,000E F
1
1
100%
1
0%
1
100% E
20,000
20,000
20,000; G
19,660
19,660
19,660': G
15,995,411
17,733,226
111%
19,769,001
16,488,135
83%
19,798,961
100% (
29,960':
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
°%
$ Variance
Personnel Services
4,108,983
3,967,708
97%
5,739,145
4,124,740
72%
5,274,668
92%
464,477 H
Materials and Services
7,683,911
7,307,004
95%
8,994,999
5,634,217
63%
8,007,955
89%
987,044E I
Capital Outlay
309,000
246,763
80%
282,000
90,226
32%
282,000
100%
Debt Service
2,302,640
2,302,520
100%
2,305,600
752,691
33%
2,305,600
100%
TOTAL REQUIREMENTS
14,404,534
13,823,996
96%
17,321,744
10,601,873
61% E
15,870,223
92%
1,451,521 E
TRANSFERS Budget Actuals °% Budget Actuals °% Projection % $ Variance
Transfers In - SW Capital & 910,000 - 0%
Equipment Reserve
Transfers Out -SW Capital & (2,613,962) (2,613,962) 100°% (4,564,141) (3,424,284) 75°% E (4,564,141) 100%
Equipment Reserve
TOTALTRANSFERS (1,703,962) (2,613,962) 153% (4,564,141) (3,424,284) 75% (4,564,141) 100%
FUND BALANCE
Budget
Actuals %
Budget
Actuals %
Projection %
$ Variance
Beginning Fund Balance
2,416,385
2,743,514 114%
4,038,781
4,038,781 100%
4,039,441 100%
; 660;
Resources over Requirements
1,590,877
3,909,230
2,447,257
5,886,263
3,928,738
1,481,481
Net Transfers - In (Out)
(1,703,962)
(2,613,962)
(4,564,141)
(3,424,284)
(4,564,141)
TOTAL FUND BALANCE
$ 2,303,300
$ 4,038,781 175% E
$ 1,921,897
$ 6,500,760 338% i
`: $ 3,404,038 177%
$1,482,141 i
A Total disposal fee projections reflect management's best estimate of revenues to be collected. Disposal tons are typically higher in the summer with
reductions in winter; fiscal YTD tons are running 5% greater than last year-to-date with a customer mix varying from budget.
B Special Waste revenue source is unpredictable and dependent on special clean-up projects of contaminated soil and asbestos; fiscal YTD is running less
than budget for sweepings and overs.
C Franchise annual fees due April 15, 2025; received monthly installments from Republic and the annual payment from Cascade Disposal.
D Yard Debris revenue is seasonal with higher utilization in summer months; fiscal YTD volumes are running close to last year-to-date.
E Investment Income projected to come in higher than budget.
F Recyclables revenue is positively impacted by larger than anticipated scrap metal proceeds.
G Local Grants and Other Inter -fund Services include unbudgeted funds for an EventCycle Solutions grant and Risk reimbursement for Negus security,
respectively.
H Personnel savings based on FY25 YTD average vacancy rate of 9.55% and multiple positions on leave. Factors recently filled 3 FTE Haz Waste positions
and plan for limited duration leave coverage.
I Project timing for the siting efforts and hazardous waste building remodel are projected to move M&S costs to next fiscal year. Postponed regulatory fee
increases and temporary reduced fuel prices are slated to positively impact costs.
VYESC Budget to Actuals Report
Co
Fair & Expo - Fund 6.15
FY25 YrD April 30, 2025 (unaudited)
83.3%
Year Complete
Fiscal Year 2024
Fiscal Year 2025
RESOURCES
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Food &Beverage
991,000
1,565,820
158%
1,535,000
1,192,603
78%
1,472,000
96%
(63,000)':
Events Revenue
1,050,000
979,919
93%
1,390,000
950,226
68%
1,120,000
81%
(270,000)
Rights & Signage
105,000
106,016
101%
110,000
70,300
64%
86,000
78%
(24,000)
Horse Stall Rental
100,000
74,925
75%
67,500
42,945
64%
78,000
116%
' 10,500: A
Storage
50,000
51,099
102%
45,000
0%
-
0%
(45,000):
Camping Fee
22,500
33,694
150%
37,500
23,480
63% 1
43,000
115%
: 5,500:
Interest on Investments
22,000
24,619
112% '
16,000
18,631
116% :
: 20,200
126%
4,200i
Miscellaneous
3,000
7,001
233%
5,000
21,335
427% '
22,000
440%
17,000
TOTAL RESOURCES
2,343,500
2,843,093
121%
3,206,000
2,319,521
72%
2,841,200
89%
(364,800)
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Personnel Services
1,478,441
1,499,682
101%
1,851,584
1,310,225
71%
1,552,281
84%
299,303: B
Personnel Services - F&B
148,510
80,916
54%
187,439
28,244
15%
60,918
33%
126,521,
Materials and Services
1,492,986
1,334,327
89%
1,917,689
1,040,331
54%
1,393,000
73%
524,689
Materials and Services - F&B
514,200
852,112
166%
781,750
717,099
92%
859,000
110%
: (77,250):
Debt Service
100,190
100,139
100%
99,700
50,519
51%
99,700
100%
TOTAL REQUIREMENTS
3,734,327
3,867,176
104%
4,838,162
3,146,418
65%
3,964,899
82%
873,263
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
% $ Variance
Transfers In -Room Tax
1,009,023
988,867
98%
963,000
802,500
83%
1,008,279
105% '. 45,279
Transfers In - County Fair
196,900
164,083
83%
196,900
100%
Transfers In - Park Fund
30,000
30,000
100%
30,000
25,000
83%
30,000
100%
Transfers Out
(163,342)
(10,777)
7%
(10,777)
(8,981)
83%
(10,777)
100%
TOTALTRANSFERS
875,681
1,008,090
115%
1,179,123
982,603
83%
1,224,402
104% : 45,279[
FUND BALANCE
Budget Actuals % Budget Actuals % Projection % $ Variance
Beginning Fund Balance 547,763 547,764 100% 531,770
531,770 100% ':
531,770 100%
0
Resources over Requirements
(1,390,827) (1,024,083) (1,632,162)
(826,897)
(1,123,699)
508,463:
Net Transfers - In (Out) 875,681 1,008,090 1,179,123
982,603
1,224,402
45,279i
TOTAL FUND BALANCE $ 32,617 $ 531,770 999% $ 78,731
$ 687,475 873%
$ 632,473 803%
$553,742
A Cascade Futurity's horse stall rental was billed $30,000 after the event based on usage (billed but not yet received).
B Projected Personnel savings based on FY24/FY25 average vacancy rate of 26.27%
ITES COG Budget to Actuals Report
2< Annual County Fair - Fund 616
�/' FY25 YTD April 30, 2025 (unaudited)
RESOURCES
Concessions and Catering
Gate Receipts
Carnival
Commercial Exhibitors
Fair Sponsorship
State Grant
Rodeo Sponsorship
Interest on Investments
R/V Camping/Horse Stall Rental
83.3%
Year Complete
Fiscal Year 2024
Fiscal Year 2025
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
790,000
834,968
106% i
797,500
831,939
104% i
i 832,576
104%
i 35,076i
775,000
1,046,188
135%
780,000
923,260
118%
923,260
118%
143,260
430,000
245,809
57%
430,000
468,142
109% '
468,142
109%
38,142
118,200
114,091
97%
115,000
137,741
120%
137,741
120%
22,741
92,500
69,967
76%
99,000
125,150
126%
125,150
126%
26,150
53,167
53,167
100%
53,167
53,802
101%
53,803
101%
636'
30,000
35,452
118%
30,000
41,330
138%
44,811
149%
14,811'
13,500
25,831
191% '•.
23,000
21,780
95%
26,500
115%
3,500
17,250
31,255
181% '
18,500
35,982
194%
35,982
194%
17,482
Merchandise Sales
2,500
1,899
76%
2,500
1,608
64%
1,608
64%
(892);
Livestock Entry Fees
2,000
1,940
97%
2,000
3,139
157%
3,139
157%
; 1,139
Miscellaneous
-
39
-
-
-
TOTAL RESOURCES
2,324,117
2,460,606
106% 1
2,350,667
2,643,872
112%
2,652,711
113%
302,044':
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Personnel Services
226,531
189,056
83%
229,798
198,545
86%
242,945
106%
(13,147) A
Materials and Services
2,356,325
2,249,042
95%
2,442,103
2,359,791
97% ':
2,428,057
99%
14,046
TOTAL REQUIREMENTS
2,582,856
2,438,099
94%
2,671,901
2,558,336
96%
2,671,002
100%
899
TRANSFERS
Budget
g
Actuals
%
Budget
g
Actuals
%
Projection
1
$Variance
Transfer In -TRT 1%
75,000
75,000
100% s
75,000
62,500
83%
75,000
100%
Transfers Out
(109,503)
(109,503)
100%
-
-
Transfer Out - Fair & Expo
-
-
(196,900)
(164,083)
83%
(196,900)
100%
TOTAL TRANSFERS
(34,503)
(34,503)
100%
(121,900)
(101,583)
83%
(121,900)
100% j
FUND BALANCE
Budget
g
Actuals %
Budget
g
Actuals %
Projection
/
$Variance
Beginning Fund Balance
521,447
521,447 100%
509,451
509,451 100%
509,451 100%
(0)::
Resources over Requirements
(258,739)
22,507
(321,234)
85,536
(18,291)
302,943
Net Transfers - In (Out)
(34,503)
(34,503)
(121,900)
(101,583)
(121,900)
TOTAL FUND BALANCE
$ 228,205
$ 509,451 223% ':
$ 66,317
$ 493,403 744% i
i $ 369,260 557%
' $302,943:
A Projected Personnel based on
overage to date
ES -0 Budget to ACtuals Report
Annual County Fair - Fund 616
CY25 YTD April 30, 2025 (unaudited)
RESOURCES
Gate Receipts
Carnival
Commercial Exhibitors
Livestock Entry Fees
R/V Camping/Horse Stall Rental
Merchandise Sales
Concessions and Catering
Fair Sponsorship
TOTAL FAIR REVENUES
OTHER RESOURCES
State Grant
Interest
Miscellaneous
TOTALRESOURCES
REQUIREMENTS
Personnel
Materials & Services
TOTAL REQUIREMENTS
TRANSFERS
Transfer In - TRT 1 %
Transfer Out - F&E Reserve
Transfer Out - Fair & Expo
TOTAL TRANSFERS
Net Fair
Fair 2025
Fair 2024-
Actuals to Date
2025 Projection
$ 926,552
$
- $
950,000
468,142
t
-
455,000
463,575
3
-
454,500
3,139
, `u
-
3,450
35,788
-
30,000
1,608
-
2,250
506,742
-
507,500
147,752
(3,290)
170,500
$ 2,553,296
L
` $
(3,290) $
2,573,200
1
635
s .
53,167
106,334
27,388
5,761
21,761
$ 2,581,319
$
55,638 $
2,701,295
h
222,365
79,708
210,485
2,524,960 36,363 2,308,281
16
$ 2,747,324 �r $ 116,071 $ 2,518,766
75,000 4 25,000 75,000
11,111
(54,753)0 - -
(98,450) (65,633) (65,633)
$ (78,203) l $ (40,633) $ 9,367
$ (244,209) $ (101,067) $ 191,896
Beginning Fund Balance on Jan 1 $ 1,020,140 $ 775,931 $ 775,931
EndingBalance $ 775,931 $ 674,865 $ 967,827
0
Co Budget to Actuals Report
�< Fair & Expo Capital Reserve ® Fund 617
"'�•�®" FY25 YTU April 30, 2025 (unaudited)
RESOURCES
Interest on Investments
Miscellaneous
TOTALRESOURCES
REQUIREMENTS
83.3%
Year Complete
Fiscal Year 2024
Fiscal Year 2025
Budget Actuals %
Budget Actuals
% Projection %
$ Variance
64,800 94,239 145% i
88,000 110,838
126% ' 130,500 148%
E 42,500
130,809
94,112
94,112
94,112
64,800 225,047 347%
88,000 204,950
233% 224,612 255%
i 136,612:
Budget Actuals % Budget Actuals
Materials and Services
343,555
274,247
80%
475,000
160,475
34%
Capital Outlay
746,445
191,682
26%
785,000
31,257
4%
TOTAL REQUIREMENTS
1,090,000
465,928
43%
1,260,000
191,732
15% i
TRANSFERS
Budget Actuals % Budget Actuals
Projection % $ Variance
475,000 100%
785,000 100% A
1,260,000 100%
Projection % $ Variance
Transfers In -TRT 1%
462,119
453,481
98% 442,396 368,663 83% 461,801 104% 19,405:
Transfers In -Fund 165
100,000
100,000
100% ' 150,000 150,000 100% 150,000 100%
Transfers In - Fair & Expo
152,565
0%
Transfers In - Annual County Fair
109,503
109,503
100%
TOTAL TRANSFERS
824,187
662,984
80% I 592,396 518,663 88% E 611,801 103% E 19,405':
FUND BALANCE
Budget
Actuals %
Budget
Actuals %
Projection %
$ Variance
Beginning Fund Balance
2,592,838
2,757,229 106%
3,179,332
3,179,332 100% ':.
3,179,332 100% '
(0)!
Resources over Requirements
(1,025,200)
(240,881)
(1,172,000)
13,218
(1,035,388)
136,612
Net Transfers - In (Out)
824,187
662,984
592,396
518,663
611,801
19,405
TOTAL FUND BALANCE
$ 2,391,825
$ 3,179,332 133%
$ 2,599,728
$ 3,711,213 143%
$ 2,755,745 106% E
$156,017
A Capital Outlay appropriations are a placeholder should viable projects be recommended and
approved for construction
Budget to Actuals Report
RV Park - Fund 618 83.3%
'`✓' FY25 1'TD April 30, 2025 (unaudited)
Year Complete
Fiscal Year 2024 Fiscal Year 2025
RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance
RV Park Fees < 31 Days
500,000
479,680
96%
450,000
348,095
77%
448,000
100% '
(2,000)
RV Park Fees > 30 Days
12,500
21,682
173%
15,000
12,278
82%
12,278
82%
(2,722)
Interest on Investments
2,300
8,447
367%
8,000
9,944
124%
12,200
153%
4,200s
Cancellation Fees
7,000
13,820
197%
7,000
24,151
345%
25,000
357%
18,000'
Washer/ Dryer
5,000
5,575
112%
5,000
5,434
109%
6,000
120%
1,000
Miscellaneous
2,500
4,335
173%
2,500
1,701
68%
2,400
96%
(100)
Vending Machines
1,500
1,352
90%
1,500
806
54%
1,100
73%
(400)
TOTAL RESOURCES
530,800
534,892
101% !
489,000
402,409
82%
506,978
104%
17,978:
REQUIREMENTS
Budget
g
Actuals
°
/o
Budget
Actuals
%
Projection
%
$Variance
Personnel Services
91,328
92,389
101%
159,210
124,124
78%
155,099
97%
4,111i
Materials and Services
303,173
202,217
67%
344,054
168,474
49%
269,000
78%
75,054i
Debt Service
222,630
222,596
100%
223,600
168,624
75%
223,600
100%
TOTAL REQUIREMENTS
617,131
517,201
84%
726,864
461,222
63%
647,699
89%
79,165
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
/ $Variance
Transfers In - Park Fund
160,000
160,000
100%
160,000
133,333
83%
160,000
100%
Transfers In - TRT Fund
20,000
20,000
100%
20,000
16,667
83%
20,000
100%
Transfer Out - RV Reserve
(51,564)
(51,564)
100%
(122,142)
(101,785)
83%
(122,142)
100%
TOTAL TRANSFERS
128,436
128,436
100%
57,858
48,215
83%
57,858
100%
FUND BALANCE
Budget
Actuals %
Budget
Actuals %
Projection %
$ Variance
Beginning Fund Balance
93,115
166,640 179% '
312,766
312,766 100%
312,766 100%
(0):
Resources over Requirements
(86,331)
17,690
(237,864)
(58,814)
(140,721)
97,143
Net Transfers - In (Out)
128,436
128,436
57,858
48,215
57,858
TOTAL FUND BALANCE
$ 135,220
$ 312,766 231%
$ 132,760
$ 302,167 228% '
: $ 229,903 173%
$97,143i
Budget to Actuals Report
y RV Park Reserve - Fund 619
FY25 YTD April 30, 2025 (unaudited)
83.3%
Year Complete
Fiscal Year 2024 1Fiscal Year 2025
RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance
Interest on Investments 34,300 45,518 133% 45,000 49,480 110% 58,200 129% s 13,200
TOTAL RESOURCES 34,300 45,518 133% 45,000 49,480 110% 58,200 129% 13,200
REQUIREMENTS
Budget
g
Actuals
%
Budget
g
Actuals
%
Projection
1
$Variance
Materials and Services
100,000
37,958
38%
100,000
0%
100,000
100%
Capital Outlay
74,000
7,294
10%
70,000
0%
70,000
100%
1 A
TOTAL REQUIREMENTS
174,000
45,252
26% E
170,000
0%
170,000
100%
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
/
$Variance
Transfer In - RV Park Ops
51,564
51,564
100%
122,142
101,785
83%
122,142
100%
TOTAL TRANSFERS
51,564
51,564
100%
122,142
101,785
83%
122,142
100%
FUND BALANCE
Budget
Actuals
%
Budget
Actuals
%
Projection
/
$Variance
Beginning Fund Balance
1,372,453
1,469,559
107% `:
1,521,389
1,521,389
100%
1,521,389
100%
': 0
Resources over Requirements
(139,700)
266
(125,000)
49,480
(111,800)
13,200`
Net Transfers - In (Out)
51,564
51,564
122,142
101,785
122,142
TOTAL FUND BALANCE
$ 1,284,317
$ 1,521,389
118%
$ 1,518,531
$ 1,672,654
110% [
[ $ 1,531,731
101%
$13,200i
A Capital Outlay appropriations are a placeholder
ES CO Budget to Actuals Report
Risk Management Q Fund 670 83.3%
FY25 YTD April 30, 2025 (unaudited)
Year Complete
Fiscal Year 2024 Fiscal Year 2025
RESOURCES /o Budget Actuals g ° Budget Actuals % Projection % $Variance
Workers' Compensation
General Liability
Property Damage
Unemployment
Interest on Investments
Vehicle
Skid Car Training
Claims Reimbursement
Process Fee- Events/ Parades
Miscellaneous
TOTALRESOURCES
1,111,585
1,158,078
104%
1,116,950
977,009
87%
1,116,950
100%
935,832
935,832
100%
943,414
786,178
83%
1,040,000
110%
96,586A
418,028
418,028
100%
419,983
349,986
83%
419,983
100%
439,989
348,407
79%
362,214
341,169
94%
362,214
100%
` B
200,000
274,605
137%
254,000
235,554
93%
281,300
111% E
27,300E
226,710
226,710
100%
250,030
208,358
83% [
250,030
100% E
10,000
45,839
458% '
30,000
40,728
136% !
40,728
136%
10,728
369,959
429,840
116% E
20,000
-
0% E
10,000
50%
(10,000)
2,000
1,595
80%
2,000
1,265
63%
2,000
100%
200
2,700
999%
200
88,568
999% :' E
88,568
999% i
88,368? C
3,714,303
3,841,634
103%
3,398,791
3,028,815
89%
3,611,773
106% !
212,982E
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
/
$Variance
Workers' Compensation
1,880,000
1,933,625
103%
2,000,000
1,882,145
94%
2,150,000
108%
E (150,000)E
General Liability
1,200,000
994,706
83% E
1,500,000
747,572
50%
1,100,000
73%
400,000E
Insurance Administration
714,197
672,304
94% ':
799,487
653,952
82% ':
815,816
102%
(16,329)E
Vehicle
400,000
299,851
75%
700,000
189,739
27%
500,000
71%
200,000E
Property Damage
300,250
474,866
158%
400,255
329,668
82%
420,000
105%
(19,745)
Unemployment
250,000
127,637
51% ':
200,000
75,887
38%
140,000
70%
i 60,000
Clerk
584
999%-
TOTAL REQUIREMENTS
4,744,447
4,502,990
95% ':
5,599,742
3,879,548
69%
5,125,816
92%
473,926E
TRANSFERS
Budget
Actuals
°
/o
Budget g
Actuals
%
Projection
j
%
$Variance
Transfers Out - IT
(32,000)
(22,328)
70%
-
Transfers Out - IT Reserve
(118,000)
(118,000)
100%
Transfers Out - Claims
(349,959)
(349,959)
100%
-
Reimbursement
Transfers Out - Vehicle
(3,500)
(3,500)
100%
(4,500)
(3,750)
83%
(4,500)
100%
Replacement
TOTAL TRANSFERS
(503,459)
(493,787)
98% E
(4,500)
(3,750)
83%
(4,500)
100%
FUND BALANCE
Budget
g
Actuals
%
Budget
9
Actuals
%
Projection
J
$Variance
Beginning Fund Balance
8,000,000
9,323,307
117%
8,168,164
8,168,164
100%
8,168,164
100%
(0)
Resources over Requirements
(1,030,144)
(661,356)
(2,200,951)
(850,732)
(1,514,043)
686,908E
Net Transfers - In (Out)
(503,459)
(493,787)
(4,500)
(3,750)
(4,500)
TOTAI. FUND BALANCE
$ 6,466,397
$ 8,168,164
126%
$ 5,962,713
$ 7,313,681
123%
$ 6,649,621
112%
$686,908:
A Includes reimbursement from
State for higher general
liability insurance
related
to aid and assist.
B Unemployment collected on first
$25K of employee's salary in fiscal year
C Revenue from State of Oregon
for additional layer
of excess general
liability insurance related to liability related
to "aid
and assist' population.
ES cpG Budget to Actuals Report
2< Health Benefits - Fund 675
FY25 YTD April 30, 2025 (unaudited)
83.3%
Year Complete
Fiscal Year 2024
Fiscal Year 2025
RESOURCES
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Internal Premium Charges
25,899,034
26,288,364
102%
35,507,169
27,360,247
77%
35,507,169
100%
A
COIC Premiums
1,963,363
2,228,565
114% [
3,091,915
2,338,432
76% ':
3,091,915
100%
i A
Employee Co -Pay
1,247,416
1,406,479
113%
1,556,257
1,303,798
84%
1,556,257
100%
Retiree I COBRA Premiums
1,019,288
1,041,989
102% !
1,061,802
680,367
64%
1,061,802
100%
Claims Reimbursement & Other
124,944
317,060
254%
800,000
1,340,401
168%
1,341,250
168%
541,250 B
Prescription Rebates
280,000
382,550
137%
626,446
515,369
82%
626,446
100%
Interest on Investments
120,000
208,021
173%
211,200
233,846
111% '
280,000
133%
68,800':
TOTAL RESOURCES
30,654,045
31,873,028
104%
42,854,789
33,772,460
79%
43,464,839
101%
610,050
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Health Benefits
29,797,663
27,285,660
92%
32,172,026
21,746,498
68%
32,172,026
100%
C
Deschutes On -Site Pharmacy
4,287,997
5,355,286
125%
4,942,177
3,067,655
62%
4,942,177
100%
D
Deschutes On -Site Clinic
1,415,279
1,356,819
96%
1,600,661
979,135
61% i
1,600,661
100%
Wellness
186,274
123,528
66%
104,230
34,306
33%
104,230
100%
E
TOTAL REQUIREMENTS
35,687,213
34,121,294
96% i
38,819,094
25,827,594
67% E
38,819,094
100%
TOTAL
-
-
FUND BALANCE
Budget
Actuals
%
Budget
Actuals
%
Projection
/
$Variance
Beginning Fund Balance
6,107,743
6,107,998
100%
3,859,732
3,859,732
100%
3,859,732
100%
(0)
Resources over Requirements
(5,033,168)
(2,248,266)
4,035,695
7,944,866
4,645,745
610,050'
Net Transfers - In (Out)
_
TOTAL FUND BALANCE
$ 1,074,575
$ 3,859,732
359% '
$ 7,895,427
$ 11,804,598
150%
E $ 8,505,477
108%
' $610,050i
A The original budget anticipated a 15% increase in Health Benefits Premiums for departments. However, due to higher -than -expected claims in FY24 and
projected claim growth in FY25, an additional 15% increase was applied starting August 1, 2024. This resulted in a total increase of 30% compared to FY24
B Budget estimate is based on claims which are difficult to predict
C The revised budget and projection anticipates higher claims than what was originally budgeted.
D The revised budget and projection reflects savings from the formulary change recommended by the EBAC.
E The revised budget and projection reflects savings from removing the Wellness program as recommended by the EBAC.
F Deschutes County Administrative Policy No. F-13 sets forth the appropriate level of reserves. The reserve is comprised of two parts: 1) Claims Reserve at 1.5
times the valuation amount, and 2) Contingency Reserve at 150% of the value of the Claims Reserve. The level of reserve is set at $8 million ($3.2 million claim
reserve and $4.8 million contingency reserve requirements). The reserve requirement amount should be compared to the Total Fund Balance amount in this
report.
�VIES Budget to Actuals Report
(,OG
`< 011 - Fund 705 and 710 83.3%
F`i"?_5 YT,D Ap'si 30, 2025 (unaudited)
Year Complete
Fiscal Year 2024 Fiscal Year 2025
RESOURCES Budget Actuals % Budget Actuals % j ° $ Projection /° Variance
Property Taxes - Current Yr
10,932,000
11,024,163
101%
11,556,000
11,206,186
97%
11,493,915
99%
(62,085)':
A
Telephone User Tax
1,827,530
1,950,780
107%
1,800,500
971,418
54%
1,800,500
100%
B
Interest on Investments
312,321
462,829
148%
426,000
496,964
117% 's
572,400
134%
146,400E
Police RMS User Fees
244,435
255,485
105%
255,000
274,257
108% '
280,000
110%
25,000
C
Contract Payments
167,765
172,636
103%
179,300
178,234
99%
179,300
100%
User Fee
148,820
151,203
102%
148,600
157,106
106%
160,000
108%
11,400'
Data Network Reimbursement
145,852
107,080
73%
106,500
119,919
113% '
125,000
117%
18,500(
State Reimbursement
93,000
97,500
105%
93,000
85,448
92%
93,000
100%
D
Property Taxes -Prior Yr
90,000
108,215
120%
90,000
108,040
120%
110,000
122%
20,000
Property Taxes -Jefferson Co.
40,500
40,915
101%
42,500
39,416
93%
42,500
100%
Miscellaneous
32,100
34,304
107% '
36,500
34,012
93%
36,500
100%
TOTAL RESOURCES
14,034,323
14,405,107
103% E
14,733,900
13,670,999
93%
14,893,115
101%
159,215
REQUIREMENTS
Budget
Actuals
%
Budget
Actuals
%
Projection
j
°
/°
$ Variance
Personnel Services
9,032,045
8,712,047
96%
10,237,093
7,748,732
76%
9,611,126
94%
625,967
Materials and Services
4,250,715
3,275,322
77%
4,267,026
2,834,075
66%
4,267,026
100%
Capital Outlay
1,831,000
1,440,223
79%
2,750,500
1,299,197
47%
2,750,500
100%
TOTAL REQUIREMENTS
15,113,760
13,427,592
89% :`
17,254,619
11,882,004
69%
16,628,652
96%
i 625,967
TRANSFERS
Budget
Actuals
%
Budget
Actuals
%
Projection
%
$ Variance
Transfers In
1,950,000
0%
515,000
515,000
100%
515,000
100%
Transfers Out
(1,950,000)
0%
(515,000)
(515,000)
100%
(515,000)
100%
TOTALTRANSFERS
-
-
FUND BALANCE
Budget
Actuals
°
/°
Budget
Actuals
/°
Projection
j
%
$Variance
Beginning Fund Balance
13,202,343
13,393,950
101%
14,371,465
14,371,465
100%
14,371,465
100%
0`:
Resources over Requirements
(1,079,437)
977,515
(2,520,719)
1,788,996
(1,735,537)
785,182
Net Transfers - In (Out)
TOTAL FUND BALANCE
136% E
$ 12,635,928
107%
$785,182
$ 12,122,906
$ 14,371,465
119%
$ 11,850,746
$ 16,160,461
A Current year taxes received primarily in November, February and
May; actual FY24-25 TAV is 4.64% over
FY23-24 vs.
5.2% budgeted.
B Telephone tax payments are received quarterly
C Invoices are mailed in the Spring
D State GIS reimbursements are received
quarterly
�"=�`
�5 E S C1
{ BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, MAY 21, 2025
Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend
(541) 388-6570 1 www.deschutes.org
MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and
can be accessed and attended in person or remotely, with the exception of any executive session.
Members of the public may view the meeting in real time via YouTube using this link:
http://bit.ly/3mminzy. To attend the meeting virtually via Zoom, see below.
Citizen Input: The public may comment on any topic that is not on the current agenda.
Alternatively, comments may be submitted on any topic at any time by emailing
citizeninput@deschutes.org or leaving a voice message at 541-385-1734.
When in -person comment from the public is allowed at the meeting, public comment will also be
allowed via computer, phone or other virtual means.
Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer.
• To join the meeting via Zoom from a computer, use this link: http://bit.ly/3h3ogdD.
• To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the
passcode 013510.
• If joining by a browser, use the raise hand icon to indicate you would like to provide public
comment, if and when allowed. If using a phone, press *9 to indicate you would like to speak and
*6 to unmute yourself when you are called on.
• When it is your turn to provide testimony, you will be promoted from an attendee to a panelist.
You may experience a brief pause as your meeting status changes. Once you have joined as a
panelist, you will be able to turn on your camera, if you would like to.
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, call (541) 388-6572 or
email brenda.fritsvold@deschutes.org.
Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in
sequential order and items, including public hearings, may be heard before or after their listed times.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
The Board of Commissioners provides time during its public meetings for citizen input. This is an
opportunity for citizens to communicate to the Commissioners on matters that are not otherwise
on the agenda. Time is limited to 3 minutes.
The Citizen Input platform is not available for and may not be utilized to communicate obscene or
defamatory material.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734.
CONSENT AGENDA
Approval of a Notice of Intent to Award a contract to Steele Associates Architects for
design of the Gray Courthouse Improvements Project
2. Approval of an Intergovernmental Cooperative Purchasing Agreement with Pend Oreille
County
3. Authorization to relinquish mineral rights associated with real property located at 54785
Pinewood Avenue, Bend
4. Approval of Board Order No. 2025-021 reappointing Gregory Colvin as justice of the
Peace Pro Tempore
5. Consideration of Board signature on letter appointing Christina Maier for service on the
Project Wildfire Steering Committee
6. Approval of the minutes of the BOCC April 21, 2025 meeting
7. Approval of the minutes of the May 9, 2025 Legislative Update
8. Approval of the Minutes of the May 2, 2025 BOCC Legislative Update
ACTION ITEMS
9. 9:10 AM Presentation by Deschutes Trails Coalition on the Stewardship Grant
Closeout Report and request regarding use of remaining grant funds
May 21, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 4
10. 9:40 AM Public Hearing and consideration of emergency adoption of Ordinance
No. 2025-006 amending County Code regarding Transient Room Tax collections
11. 10:00 AM Board direction to schedule a hearing in response to the complaint by Amy
Varner against Rodney Dieckhoff, President of the Four Rivers Vector Control
District
12. 10:10 AM Cascade East Transit Presentation: Fare Policy and other updates
13. 10:30 AM Resolution regarding public use fire restrictions on unprotected lands and
County owned lands
14. 10:45 AM Consideration of second reading of Ordinance No. 2025-005: Temporary
Hardship Dwelling Text Amendments
15. 10:50AM Continued Public Hearing: Reconsideration of Deschutes County 2040
Comprehensive Plan Update
LUNCH RECESS
Continued ACTION ITEMS
16. 1:00 PM Work Session: Preparation for Public Hearing - Clear and Objective Housing
Text Amendments to Deschutes County Code Section Title 17 (Subdivisions)
17. 1:45 PM Work Session: Clear and Objective Housing Text Amendments - Goal 5
(Title 18)
18. 2:10 PM Nomination Process to form a Committee to Draw Commissioner District
Maps
19. 2:35 PM Consideration of Administrative Policy GA-27, Temporary Safe Stay Area
Guidelines, Rules, & Enforcement
20. 2:55 PM Dedicate +/- 15.05 acres of County -owned property to public right-of-way in
East Redmond associated with the CORE3 project, and authorize granting a
Temporary Construction Easement to Central Oregon Intergovernmental
Council
21. 3:10 PM Treasury Report for April 2025
22. 3:25 PM Finance Report for April 2025
May 21, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 4
OTHER I T ENIS
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.
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
23. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations and ORS 192.660
(2) (d) Labor Negotiations
ADJOURN
May 21, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 4 of 4