2025-329-Minutes for Meeting September 08,2025 Recorded 10/6/20250-� E S coG2�
{ BOARD OF
►,,,, I COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County CJ2025-329
Steve Dennison, County Clerk
Cornmi ssi oners' Journal 10/06/2025 1 1 :47 :02 AM
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2025-.:29
BOCC MEETING MINUTES
MONDAY September 8, 2025
Allen Room
Live Streamed Video
Present were Commissioners Anthony DeBone, Patti Adair and Phil Chang. Also present were
County Administrator Nick Lelack; Deputy County Administrator Whitney Hale;
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: www.deschutes.org/meetings.
CALL TO ORDER: Chair DeBone called the meeting to order at 1:00 pm.
CITIZEN INPUT: None
COMMISSIONER ANNOUNCEMENTS:
Commissioner Adair reported touring Veterans Village recently and said three
women veterans are currently being served. Two-thirds of prior participants-40 of
60—have transitioned to more permanent housing.
Commissioner Adair relayed a request from Central Oregon Guardian Assistance for
an additional $100,000 in County financial support after assisting 42 individuals,
75% of whom are homeless or otherwise at -risk.
AGENDA ITEMS:
1. Proposed County IT Policy No. IT-4
Tania Mahood, IT Director, outlined a new internal policy that would allow
employees to upload their Microsoft profile photographs directly, subject to
BOCC MEETING SEPTEMBER 8, 2025 PAGE 1 OF 4
defined content standards, rather than IT staff uploading these.
Commissioner DeBone supported the proposed change of procedure.
In response to Commissioner Chang, Mahood said the time savings for IT staff
would be modest, but the change is expected to have the result of greater
employee participation.
Commissioner Adair sought clarification that simple tree imagery would constitute
a neutral background. Mahood confirmed that the Policy Advisory Committee
determined that such backgrounds would be acceptable.
2. Work Session: Property Line Adjustment / Minor Variance Text Amendments
Senior Planner Nicole Mardell briefed the Board on amendments scheduled for
public hearing on Wednesday that would simplify property -line -adjustment
procedures and remove outdated code provisions, including a ten -percent transfer
limitation which conflicts with ORS 92.192. She reviewed typical motivations for
property owners to seek adjustments, including lot -line corrections, land trades,
and resolving encroachments. Planning Manager Will Groves estimated that a few
dozen of these are applied for each year. Mardell concluded that after the
Planning Commission held a public hearing on these changes, it unanimously
recommended Board approval of the amendments as proposed.
Commissioner DeBone thanked the Planning Commission for its thorough review
of the proposed amendments.
3. Work Session: Farm and Forest Housekeeping Amendments
Senior Planner Nicole Mardell summarized a package of housekeeping changes to
align County code with recent state -level revisions affecting agritourism, home
occupations and the definition of "private park." She cited relevant case law and
reported support from the Planning Commission following a public hearing.
In response to Commissioner Adair, Mardell said certain traffic control
requirements, including that wineries provide one traffic controller for every 250
vehicles, do not apply to the Fair & Expo Center.
Commissioner Chang requested maps showing both the 90,000 acres subject to
the forthcoming Eastern Oregon solar rules and the boundaries of local irrigation
districts. Saying that comprehensive water -rights maps are not available, Planning
Manager Will Groves agreed to provide irrigation district maps as requested.
BOCC MEETING SEPTEMBER 8, 2025 PAGE 2 OF 4
Discussion ensued of the Eastern Oregon solar siting rules which will be addressed
at the Board's meeting on Wednesday. In response to Commissioner DeBone,
listed the options before the Board that will be explained further on Wednesday,
including opt out of the solar siting rules or opting in to them.
Responding to Commissioner DeBone, Community Development Director Peter
Gutowsky said these rules are intended for sparsely populated, very rural counties.
Saying that Deschutes County has just six small solar farms, he confirmed that
even if the County opts out of the new rules, solar farms would continue to be
allowed in accordance with existing regulations which require a conditional use
permit for such uses.
Commissioner Chang requested a map of the electrical system transmission lines
and their owners, saying that if a property is remote from a transmission system, it
would make much less sense to allow a solar farm in that area.
OTHER ITEMS:
• The Commissioners acknowledged a letter drafted by Road Director Chris Doty
to the US Secretary of Transportation regarding the Federal Surface
Transportation Bill.
Commissioner Chang suggested adding language advocating for retaining
funding from the federal lands access program (FLAP), which helps the County to
perform critical maintenance such as chip sealing.
ADAIR: Move approval of a letter to the US Secretary of Transportation
regarding the Federal Surface Transportation Bill as revised
DEBONE: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
Commissioner DeBone asked that copies of the letter be shared with the County's
Congressional delegation.
• With regard to PacificCorp's new transmission line, Commissioner Chang said
although Crook County was previously advocating for the selection of Route D, now
it is not.
Commissioner DeBone noted that the Board has heard from residents of Powell
Butte, among others, on this matter.
BOCC MEETING SEPTEMBER 8, 2025 PAGE 3 OF 4
Commissioner DeBone announced the annual Family Action Network Partner lunch
is scheduled for next Wednesday.
Commissioner Adair reported on last week's managed camp meeting in Redmond,
saying the camp's opening has been rescheduled from December tojanuary. She
added that thus far, 200,000 pounds of trash has been removed from the property.
In response to Commissioner Chang, Commissioner Adair said an RFQ is being
drafted for a vendor to manage the operations of the camp.
Commissioner Adair attended last Friday's 35t" anniversary celebration of Rimrock
Trails and said this organization has helped many people.
Saying that five homes were lost in the Flat Fire, Commissioner Adair asked if the
County can expedite the permit process for affected property owners when they
rebuild.
Confirming that CDD has a list of residences lost in this fire, Community
Development Director Peter Gutowsky said the department will prioritize building
permits from anyone who lost a lawfully constructed primary residence in this
incident.
Commissioner Adair reported that Oasis Village is currently housing 17 people and
said thus far, 27 total homeless persons have been served, with five unsuccessfully
exiting the program.
EXECUTIVE SESSION: None
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 2:19 pm.
DATED this I day of ®`� 2025 for the Deschutes County Board of Commissioners
ATTEST:
RECORDING SECRETARY
ANTHONY DEBONE, CHAIR
PATTI ADAIR, VICE CHAIR
PHIL CHANG, COMMISSIONER
BOCC MEETING SEPTEMBER 8, 2025 PAGE 4 OF 4
MEETING DATE: September 8, 2025
SUBJECT: Proposed County IT Policy No. IT-4
RECOMMENDED MOTION:
No action; Board review of draft County IT-4 Picture Policy No. IT-4.
BACKGROUND AND POLICY IMPLICATIONS:
Historically, employees were required to contact the IT department for the upload of a
profile picture to their Microsoft accounts or applications (Outlook, Teams, SharePoint, etc.)
to ensure the appropriateness of those pictures. To streamline this process and improve
user autonomy, the proposed policy outlines comprehensive picture guidelines and would
permit employees to upload their own profile photos directly.
BUDGET IMPACTS:
None
ATTENDANCE:
Tania Mahood IT Director/CTO
- ,)I E
Deschutes Count Information Technology Policy No. IT-4
� � Y gY Y
Effective Date:
EMPLOYEE PROFILE PHOTO IN MICROSOFT
I. PURPOSE
The purpose of this policy is to ensure that employee profile photographs used in the
Microsoft environment (Outlook, Teams, SharePoint, etc.) are professional and
appropriate for official use.
II. SCOPE
This policy applies to all officials, employees, volunteers, contractors, third -party
vendors, and others acting on behalf of the County who voluntarily upload a profile
picture to the County's Microsoft applications (Outlook, Teams, SharePoint, etc.).
III. POLICY REQUIREMENTS
The following requirements must be met for all employee profile pictures uploaded to
the County's Microsoft applications.
A. Acceptable Headshot Criteria
1. Recent (within the last five years) color photo of the employee's face,
front -facing, with eyes visible and open.
2. Neutral or plain background (preferably light or white).
3. No hats, sunglasses, costumes, filters, funny faces, or gestures.
4. Standard business attire or otherwise appropriate clothing.
5. No other individuals, statements, pets, or objects in the image.
B. Image Quality
1. Cropped to show only the head and shoulders.
2. Good lighting, clear focus, no heavy editing or overlays.
C. Review
1. Department supervisors, in coordination with Human Resources (HR)
may review and remove if the image does not meet these standards.
IV. ENFORCEMENT
Non -compliant images may be removed without notice. Repeated violations may result
in disciplinary action.
EXAMPLES OF ACCEPTABLE PHOTOS
E S COG2-A
o
BOARD OF
COMMISSIONERS
MEETING DATE: September 8, 2025
SUBJECT: Work Session: Property Line Adjustment / Minor Variance Text Amendments
RECOMMENDED MOTION:
No action required.
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes Board of Commissioners (Board) will conduct a work session on September
8, 2025, in preparation for a public hearing on September 10, 2025. The Board will consider
amendments to the Deschutes County Code (file no. 247-25-000399-TA), which propose to
remove local criteria for property line adjustments involving parcels smaller than the
minimum lot size and directly apply state standards. The amendments also clarify that
variances are not required for this type of property line adjustment.
BUDGET IMPACTS:
None
ATTENDANCE:
Nicole Mardell, AICP, Senior Planner
Will Groves, Planning Manager
I ES Co
4, 7
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Nicole Mardell, AICP, Senior Planner
Will Groves, Planning Manager
DATE: September 3, 2025
SUBJECT: Work Session: Property Line Adjustment / Minor Variance Text Amendments
The Deschutes County Board of Commissioners (Board) will conduct a work session on
September 8, 2025, to consider amendments to the Deschutes County Code (file no. 247-
25-000399-TA). These amendments propose removing local criteria for property line
adjustments involving parcels smaller than the minimum lot size and directly apply state
standards. The amendments clarifythat variances are not required forthis type of property
line adjustment.
This work session is in preparation for a public hearing scheduled for September 10, 2025.
Attached to this memorandum are the proposed text amendments (Attachment A) and
findings (Attachment B) summarizing the changes. Within the proposed amendments,
added language is shown underlined and deleted shown as strike -through.
All record materials can be found on the project website: bit.l /3y 99TA.
I. BACKGROUND
Requirements for property line adjustments involving substandard lots have historically
been ambiguous under local code and state statute. No significant limitations on the use of
property line adjustments existed in state or local code prior to 1991.
In 1991, County Code was amended (Ord. 91-038) to limit area reduction of lots smaller than
the minimum lot size (to a maximum reduction of ten percent) without a more complicated
variance review process. This minor variance process for line adjustments applied to all
zones in Deschutes County.
In 2010, the Board of County Commissioners adopted Ordinance 2010-003, which created
the current minor variance provisions to allow property line adjustments resulting in a
reduction of more than 10 percent in all zones, except the farm and forest zones. This
provision was added to relieve an ongoing property line issue in the Dustan Road area of the
county, although it was able to be applied to other historically platted subdivisions. The
Board did not address issues in the EFU and Forest zone at that time, likely due to the narrow
scope of the text amendment.
Beginning in 2008, state statute (ORS 92.192) has been repeatedly updated to increase
protections for lot -area -based standards. Over time, these state statutory requirements
have become more robust and nuanced than the County Code provision. Currently, both the
state and county protections apply.
However, because the older County provisions are less nuanced when compared with newer
state statute, the local code can cause unexpected problems for property owners.
Specifically, the local 10% limitation can preclude beneficial property line adjustments that
would otherwise comply with the modern, robust protections of 92.192. Staff added the
proposed amendment to the department's work plan beginning in 2020, to explore
deconflicting state and local property line adjustment provisions.
The Board directed that this text amendment be initiated during review of the Community
Development Department's 2025-2026 work plan. An individual testified to the unintended
consequences of this provision, noting its impact on large farm owners. Specifically, the
minimum lot size for most farm -zoned properties is 80 acres. The transfer of sub-80-acre
pieces between neighboring farm operations is unnecessarily complicated by the provisions
of the County Code. Property line adjustments may be used to correct issues between
property owners, such as a fence or building being located over a property line. For larger
resource -zoned properties, the most efficient and streamlined process to correct this type
of issue is unavailable due to the ten percent (10%) limitation.
The amendments seek to clarify otherwise ambiguous code provisions and reduce the risk
of litigation by directly applying ORS 92.192.
II. STATE REQUIREMENTS - ORS 92.192
Under ORS 92.192, a county may approve a property line adjustment on land outside of city
limits under the following scenarios.
ORS 92.192(3)(a)
One or both parcels are smaller than the minimum lot size for the applicable zone before
the property line adjustment, and after the adjustment, one is as large or larger than the
minimum parcel size.
Figure 1 demonstrates a situation under this scenario. Both parcels are in the MUA-10 zone
with a minimum lot size of 10 acres. Before the adjustment, Parcel 1 is six (6) acres (below
the minimum lot size), and Parcel 2 is 15 acres (greater than the minimum lot size). Following
the adjustment, Parcel 1 is increased in size to 9 acres but remains below the minimum lot
size, and Parcel 2 is decreased to 12 acres, but remains larger than the minimum lot size.
Page 2 of 7
Figure 1
Original Configuration
After Property Line Adjustment
Figure 2 demonstrates another situation under this scenario. Both parcels are in the MUA-
10 zone with a minimum lot size of 10 acres. Before the adjustment, each parcel is below the
minimum lot size. Following the adjustment, Parcel 1 is decreased in size and remains below
the minimum, while Parcel 2 is increased to meet the minimum lot size for the zone.
Figure 2
Original Configuration
After Property Line:Adjustment
Page 3 of 7
ORS 92.192(3)(b)
Both parcels are smaller than the minimum lot size before and after the property line
adjustment.
Figure 3 demonstrates a situation under this scenario. Both parcels are in the MUM 0 zone
with a minimum lot size of 10 acres. Before the adjustment, both parcels are below the
minimum lot size. Following the adjustment, Parcel 1 is decreased in size and Parcel 2 is
increased in size, with both parcels remaining smaller than the minimum lot size.
Figure 3
Original Configuration
After Property Line Adjustment
Farm and Forest Restrictions - ORS 92.192(4)(a)-(d)
In addition to the requirements above, the statute places additional restrictions on property
line adjustments in the Exclusive Farm Use and Forest zones. Counties may not approve a
property line adjustment involving properties smaller than the minimum lot size if:
a. The adjustment decreases the size of a parcel that is already smaller than the
minimum lot size and contains an existing dwelling (or has received approval for
the construction of a dwelling), while increasing the other parcel to at least the
minimum lot size required to qualify for a dwelling.
In Deschutes County, minimum lot size requirements apply to farm -related
dwellings in farm zones and large tract dwellings in forest zones.
Figure 4 provides an example under this scenario. Parcel 1 is below the minimum
lot size and is developed with a dwelling. Parcel 2 is undeveloped and above the
minimum lot size for the Forest Use 1 zone (80 acres), but does not meet the
minimum lot size for a large tract dwelling, which is 240 acres. If property owners
Page 4 of 7
proposed a property lire adjustment to shift two acres from Parcel 1 to Parcel 2,
it could not be approved. The effect of the property line adjustment would be to
decrease the size of Parcel 1, already below the rninimum lot size and containing
a dwelling, and would increase Parcel 2, making it newly eligible for a large tract
dwelling. This would trigger the restriction in ORS 192.192(4)(a).
Original Configuration
Figure 4
Proposed: Configuration — Not Approved
b. The adjustment decreases the size of a parcel that currently meets or exceeds the
minimum lot size and contains an existing dwelling (or is approved for the
construction of a dwelling) to below the minimum lot size and increases the other
parcel to or above the minimum lot size for a dwelling.
Figure 5 provides an example of this scenario. Each parcel is in the Exclusive Farm
Use Zone with a minimum lot size of 80 acres. Parcel 1 was developed with a
dwelling prior to the creation of the state land use system and meets the
minimum lot size. Parcel 2 is undeveloped and meets the minimum lot size for the
zone, but isjust underthe minimum lotsize required to qualifyfor a farm dwelling
(160 acres). The County could not approve the property line adjustment proposed,
as it would decrease Parcel 1 to below the minimum lot size and increase Parcel
2 to the minimum lot size needed for a farm dwelling.
Figure 5
..........................................................................
: Original Configuration
Proposed Configuration -
Not Approved
Page 5 of 7
c. The adjustment allows an area of land used to qualify a parcel for a dwelling based
on an acreage standard to be used to qualify another parcel for a dwelling based
on an acreage standard.
This practice is considered "double dipping," as the property owner would be
using a portion of a property to qualify for a dwelling by meeting all standard code
provisions, and subsequently adjusting the property line to make the dwelling
noncompliant, thereby enabling the construction of another dwelling on an
adjacent property.
Figure 6 provides an example of this scenario. Each parcel is in the Exclusive Farm
Use Zone. Parcel 1 contains a farm -related dwelling approved under an acreage
test that required 160 acres. Parcel 2 is undeveloped and is seeking approval for
a farm -related dwelling that requires meeting an acreage test that requires 160
acres. The County could not approve the property line adjustment reducing Parcel
1 below 160 acres, as the adjustment would involve land used to qualify Parcel 1's
dwelling for another dwelling on Parcel 2.
Figure 6
: Original Configuration
Proposed Configuration -
Not Approved
d. Adjust a property line on a parcel created through Measure 36 or 49 claim, to
adjust any parcel to be larger than:
A. Two acres, if previously under two acres and is high -value farmland or
forestland.
B. Five acres, if previously under five acres and not high -value farmland or
forestland.
The provision above is relatively straightforward and intends to limit adjustments
to properties approved under the special allowances within the state's Measures
36 and 49 claim process.
Page 6 of 7
Staff finds that these requirements efficiently evaluate property line adjustments involving
parcels below the minimum lot size.
III. OVERVIEW OF AMENDMENTS
At the direction of the Board, staff is proposing the following amendments:
• Add 18.132.020(D) to clarify that property line adjustments are not eligible for
variances, and that property line adjustments complying with ORS 92.192 do not
require a variance.
• Delete existing 18.132.025(B) to remove the variance requirement for property line
adjustments involving parcels smaller than the minimum lot area.
• Delete existing 18.132.025(C) to remove local limitations on property line adjustments
involving substandard parcels beyond the requirements in ORS 92.192.
• Add new 18.132.025(C) to clarify that property line adjustments are not eligible for
rninor variances, and that property line adjustments complying with ORS 92.192 do
not require a minor variance.
Staff may propose additional amendments during the hearing process following review from
the public, Planning Commission, and Board of County Commissioners.
IV. AGENCY AND PUBLIC COMMENTS
Notice of the Post -Acknowledgement Plan Amendment (PAPA) was submitted to the
Department of Land Conservation and Development on June 18, 2025. One public
comment has been received from the requester of the amendments, Adam Smith,
suggesting minor revisions. These comments have been integrated into the findings.
V. PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public hearing on July 24, 2025. No public or agency
testimony was received. The Commission closed the public hearing, deliberated, and
voted unanimously to recommend approval of the proposed amendments.
VI. NEXT STEPS
A public hearing with the Board is scheduled for September 10, 2025.
Attachments
A. Text Amendments
B. Proposed Findings
Page 7 of 7
Exhibit A to Ordinance 2025-017
18.132.010 Variance Application
18.132.020 Authority Of Hearings Body
18.132.025 Minor Variances
18.132.0 00 Hearings Bod Action On Variance.
18.132.040 Variance Procedure
The Planning Director or Hearings Body may authorize area or use variance from the
requirements of DCC Title 18. 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-15 on 11/1/1979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
A variance may be granted unqualifiedly or may be granted subject to prescribed
conditions, provided that the Planning Director or Hearings Body shall make all of the
following findings:
A. Onsite Requirements Variance.
1. That the literal application of the ordinance would create practical difficulties
resulting in greater private expense than public benefit.
2. That the condition creating the difficulty is not general throughout the
surrounding area but is unique to the applicant's site.
3. That the condition was not created by the applicant. A self-created difficulty
will be found if the applicant knew or should have known of the restriction at
the time the site was purchased.
4. That the variance conforms to the Comprehensive Plan and the intent of the
ordinance being varied.
B. Use variance.
Exhibit A to Ordinance 2025-017
1. That the literal application of the ordinance would result in unnecessary
hardship to the applicant. An unnecessary hardship will be found when the
site cannot be put to any beneficial use under the terms of the applicable
ordinance.
2. Each of the findings listed in DCC 18.132.020(A)(1), (2), and (4).
C. Statutory Provisions.
1. Notwithstanding the provisions of this section, a variance may not be granted
which amends any standards mandated by the Oregon Revised Statues
(ORS) or Oregon Administrative Rules (OAR).
D._Property Line Adjustments.
1. Propert line_adjustments are not eligible for va.riance._No variance is
required for_progertt line adjustments that are compliant with ORS 92.192.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 93-043 §24 on 812511993
Amended by Ord. 2023-014 §4 on 121112023
Amended by Ord. 2025-002 §34 on 312812025
Amended,_Ord.2025-017§1 on (Axxxxx
A variance seeking to depart from on -site requirements of DCC Title 18, such as setbacks
and area requirements, by no greater than 10 percent of the required distance or area may
be granted by the Planning Director or Hearings Body in conformance with DCC
18.132.025.
A. In the case of a setback or lot area variance, the applicant shall show that the
approval will result in:
1. More efficient use of the site;
2. Preservation of natural features where appropriate;
3. Adequate provision of light and privacy to abutting properties; and
Exhibit A to Ordinance 2025-017
4. Preservation of topographic, vegetative and drainage features which would
be adversely affected by application of the standards otherwise required by
DCC Title 18.
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B B. Statutory Provisions.
1_Notwithstanding the provisions of this section, a variance may not be granted
which amends any standards mandated by the Oregon Revised Statues
(ORS) or Oregon Administrative Rules (OAR).
C. Property Line_Adiustments.
Propel line adjustments are not eligible for variance. No variance is
required for property line adjustments that are compliant with ORS 92.1.92.
HISTORY
Adopted by 9rd. 91-038 §3 on 9/30/1991
Amended by Ord. 2004-013 §15 on 912112004
Amended by Ord. 2010-_0.03 §1 on 71612010
Exhibit Ato Ordinance 2025-017
Amended by Ord. 2023-014 §4 on 121112023
Amended by Ord. 2025-002 §34 on 312812025
Amended by Ord. 2025-017 §1 on x/xx/xxxx
I: -
In granting or denying a variance, the Planning Director or Hearings Body shall make a
written record of his findings and the facts in connection therewith, and shall describe the
variance granted and the conditions designated. The Planning Department shall keep the
findings on file, and a copy of the variance granted and the condition thereof shall be
recorded with the County Clerk.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
18.132.04.0 Variance Procedure
The variance application shall be processed according to the terms of DCC Title 22, the
Uniform Development Procedures Ordinance.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991
Exhibit A to Ordinance 2025-017
EXHIBIT B FINDINGS
Property Line Adjustment / Minor Variance Text Amendment
247-25-000399-TA
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BACKGROUND:
Requirements for property line adjustments involving substandard lots have historically been
ambiguous under local code and state statute. No significant limitations on the use of property line
adjustments existed in state or local code prior to 1991.
In 1991, County Code was amended (Ord. 91-038) to limit area reduction of lots smaller than the
minimum lot size (to a maximum reduction of ten percent) without a more complicated variance
review process. This minor variance process for line adjustments applied to all zones in Deschutes
County.
In 2010, the Board of County Commissioners adopted Ordinance 2010-003, which created the
current minor variance provisions to allow property line adjustments resulting in a reduction of
more than 10 percent in all zones, except the farm and forest zones. This provision was added to
address an ongoing property line issue in the Dustan Road area of the county, although it also could
be applied to other historically platted subdivisions. The Board did not address issues in the
Exclusive Farm Use (EFU) and Forest zone at that time, likely due to the narrow scope of the text
amendment.
Beginning in 2008, state statute (ORS 92.192) has been repeatedly updated to increase protections
for lot -area -based standards. Over time, these state statutory requirements have become more
robust and nuanced than the County Code provision enacted via Ord. 2010-003. Currently, both the
state and county protections apply.
Because the older County provisions are less nuanced when compared with newer state statute,
application of the local code can cause unexpected problems for property owners. Specifically, the
local 10% limitation can preclude beneficial property line adjustments that would otherwise comply
with the modern, robust protections of ORS 92.192. Staff added consideration of a proposed
amendment to the department's work plan beginning in 2020, to explore methods of addressing
apparent conflict between state and local property line adjustment provisions.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 @deschutes .or g wwdeschutes.org/cd
The Board directed that this text amendment be initiated during review of the Community
Development Department's 2025-2026 work plan. An individual testified to the unintended
consequences of this provision, noting its impact on large farm owners. Specifically, the minimum
lot size for most farm -zoned properties is 80 acres. The transfer of sub-80-acre pieces of property
between neighboring farm operations is unnecessarily complicated by the provisions of the County
Code. Property line adjustments may be used to correct issues between property owners, such as
a fence or building being located over a property line. For larger resource -zoned properties, the
most efficient and streamlined process to correct this type of issue is unavailable due to the ten
percent (10%) limitation in current County code.
The amendments seek to clarify otherwise ambiguous code provisions and reduce the risk of
litigation by permitting the County to directly apply ORS 92.192.
III. AMENDMENT SUMMARY:
At the direction of the Board, staff is proposing the following amendments:
• Add new 18.132.020(D) to clarify that property line adjustments are not eligible for variances,
and that property line adjustments complying with ORS 92.192 do not require a variance.
• Delete existing 18.132.025(B) to remove the variance requirement for lot line adjustments
involving parcels smaller than the minimum lot area.
• Delete existing 18.132.025(C) to remove local limitations on lot line adjustments involving
substandard parcels that impose additional restrictions beyond the requirements in ORS
92.192.
• Add new 18.132.025(C) to clarify that property line adjustments are not eligible for minor
variances, and that property line adjustments complying with ORS 92.192 do not require a
minor variance.
Staff may propose additional amendments during the hearing process following review from the
public, Planning Commission, and Board of County Commissioners.
IV. BASIC FINDINGS:
The Board of County Commissioners directed staff to initiate the proposed text amendment. Staff
initiated the proposed amendments and notified the Oregon Department of Land Conservation and
Development on June 18, 2025 (File no. 247-25-000399-TA). As demonstrated in the findings below,
the amendments remain consistent with the Deschutes County Code, the Deschutes County
Comprehensive Plan, and the Statewide Planning Goals.
V. FINDINGS:
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
247-25-000399-TA Findings Page 2 of 6
Exhibit B to Ordinance No. 2025-017
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 public hearings will be held before the Deschutes
County Planning Commission (Commission) and the Board of County Commissioners (Board).
Section 22.12.020, Notice
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 will be met as notice will be published in The Bulletin newspaper at least 10
days prior to each 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.
247-25-000399-TA Findings Page 3 of 6
Exhibit B to Ordinance No. 2025-017
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 will be met because public hearings will be held before the Deschutes
County Planning Commission (Commission) and the Board of County Commissioners (Board).
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-25-000399-TA will be
implemented by ordinances upon approval and adoption by the Board.
OAR 660-015, STATEWIDE PLANNING GOALS AND GUIDELINES
Goal 1: Citizen Involvement:
FINDING: The amendments do not propose to change the structure of the County's citizen
involvement program. Notice of the proposed amendments was provided to the Bulletin for the
Board public hearing.
Goal 2: Land Use Planning:
FINDING: The purpose of the amendment is to remove limitations on lot line adjustments involving
substandard lots and relying directly on requirements in state statute. The proposal has a factual
base and is consistent with the intent of the Comprehensive Plan and zoning districts. This goal is
met.
Goal 3: Agricultural Lands:
FINDING: The proposed amendments will provide for direct application of ORS 92.192 to lot line
adjustments involving farm land. ORS 92.192, as adopted by the state, is understood to meet the
requirements of Goal 3 and offer adequate protection of agricultural lands. This goal is met.
Goal 4: Forest Lands:
247-25-000399-TA Findings Page 4 of 6
Exhibit B to Ordinance No. 2025-017
FINDING: The proposed amendments will provide for direct application of ORS 92.192 to lot line
adjustments involving forest land. ORS 92.192, as adopted by the state, is understood to meet the
requirements of Goal 4 and offer adequate protection of forest lands. This goal is met.
Goal 5: Open Spaces Scenic and Historic Areas, and Natural Resources:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 5. This goal does not apply.
Goal 6: Air Water and Land Resources Quality:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 6. This goal does not apply.
Goal 7: Areas Subject to Natural Disasters and Hazards:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 7. This goal does not apply.
Goal 8: Recreational Needs:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 8. This goal does not apply.
Goal 9: Economic Development:
FINDING The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 9. This goal does not apply.
Goal 10: Housing:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 10. This goal does not apply.
Goal 11: Public Facilities and Services:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 11. This goal does not apply.
Goal 12: Transportation:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 12. This goal does not apply.
Goal 13: Energy Conservation:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 13. This goal does not apply.
Goal 14: Urbanization:
FINDING: The proposed amendments remove local requirements for lot line adjustments involving
substandard lots and directly apply requirements in state statute. In reviewing case law and the
applicable rule, staff understand the requirements in ORS 92.192 to comply with Goal 14. This goal
is met.
247-25-000399-TA Findings Page 5 of 6
Exhibit B to Ordinance No. 2025-017
Goals 15 through 19
FINDING: These goals are not applicable to the proposed plan and text amendments because the
County does not contain these types of lands.
2011 DESCHUTES COUNTY COMPREHENSIVE PLAN
Chapter 2 - Resource Management -Section 2.2 Agricultural Land Policies
Policy 2.2.5 Uses allowed in Exclusive Farm Use zones shall comply with State Statute
and Oregon Administrative Rule.
Policy 2.2.6 Regularly review farm regulations to ensure compliance with changes to
State Statute, Oregon Administrative Rules and case law.
FINDING: The intent of the text amendment is to remove unnecessary local requirements and
directly apply requirements for lot line adjustments involving substandard lots from statute into
local code. As directed by the Board, the proposed text amendments will remove unnecessary local
barriers that may impact uses allowed on farm -zoned property and, if not removed, could put the
County at risk for litigation. These policies are met.
Chapter 2 - Resource Management -Section 2.3 Forest Land Policies
Policy 2.3.5 Uses allowed in Forest zones shall comply with State Statute and Oregon
Administrative Rule.
FINDING: The intent of the text amendment is to remove unnecessary local requirements and
directly apply requirements for lot line adjustments involving substandard lots from statute into
local code. As directed by the Board, the proposed text amendments will remove unnecessary local
barriers that may impact uses allowed on forest -zoned property and, if not removed, could put the
County at risk for litigation. These policies are met.
VI. CONCLUSION:
Based on the information provided herein, the staff recommends the Board of County
Commissioners approve the proposed text amendments.
247-25-000399-TA Findings Page 6 of 6
Exhibit B to Ordinance No. 2025-017
vI E s Co
o
BOARD OF
COMMISSIONERS
MEETING DATE: September 8, 2025
SUBJECT: Work Session: Farm and Forest Housekeeping Amendments
RECOMMENDED MOTION:
No action required.
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes Board of Commissioners (Board) will conduct a work session on September
8, 2025, in preparation for a public hearing on September 10, 2025. The Board will consider
housekeeping amendments to the Deschutes County Code (file no. 247-25-000297-TA) to
align local code with recent state rulemaking.
BUDGET IMPACTS:
None
ATTENDANCE:
Nicole Mardell, AICP, Senior Planner
Will Groves, Planning Manager
�v1 E S c®
ro . d -e
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Nicole Mardell, AICP, Senior Planner
Will Groves, Planning Manager
DATE: September 3, 2025
SUBJECT: Work Session: Farm and Forest Housekeeping Text Amendments
The Deschutes County Board of Commissioners (Board) will conduct a work session on
September 8, 2025, to consider amendments to the Deschutes County Code (DCC) (file no.
247-25-000297-TA). The housekeeping amendments will integrate changes to state rule,
resulting from the state's Farm and Forest Modernization Project, into local code.
This work session is in preparation for a public hearing scheduled for September 10, 2025.
Attached to this memorandum are the proposed text amendments (Attachment A) and
findings (Attachment B) summarizing the changes. Within the proposed amendments,
added language is shown underlined and deleted shown as strikethro ugh.
All record materials can be found on the project website:
https•//bit.ly/farmforesthousekeeping
I. BACKGROUND
Oregon's zoning -based farm and forest land conservation programs have been in place
since 1973. Over the past 10 years, interested parties, the courts, and the Department of
Land Conservation and Development (DLCD) have identified a number of issues needing
review. In 2024, the Land Conservation and Development Commission (LCDC) initiated the
Farm and Forest Modernization Project, which included rulemaking and the appointment
of a Rules Advisory Committee (RAC). Rulemaking was intended to improve the clarity and
consistency of implementing Oregon's farm and forest program across the state. DLCD
directed the RAC to consider:
• Codifying identified case law standards;
• Other EFU rule amendments;
• Conforming rule changes; and
• Providing additional clarity to counties and potential applicants with the intent of
reducing unnecessary appeals.
LCDC ultimately adopted new Oregon Administrative Rules (OARS) developed by the RAC
on December 6, 2024. They became effective on January 1, 2025. Staff provided a briefing
to the Board on February 3, 2025 - the memo from that briefing (Attachment C) provides
additional background on the state rulemaking process and intent of the amendments.
This housekeeping amendment incorporates rulemaking updates to applicable OARS and
ORS into the DCC, and codifies minor items from prior rulemaking or legislation not yet
reflected locally..
II. OVERVIEW OF AMENDMENTS
To comply with this rulemaking package, staff is proposing the following amendments:
® Amend 18.16.040(A) to apply farm impacts test through reference to Oregon Revised
Statute (ORS) and OAR.
• Amend 18.16.042(A)'incidental and subordinate' definition for agri-tourism.
• Amend 18.16.030(Y) to include ORS and OAR references for rural transportation
facilities in Exclusive Farm Use (EFU) zone.
• Add rural transportation facilities as 18.36.030(AE) and 18.40.030(AG) in forest zones
and include ORS and OAR references.
• Amend 18.16.031(D), 18.36.030(G), and 18.40.030(H) to reference ORS and OAR
definition for private parks.
• Amend 18.16.0200), 18.36.020(M), and 18.40.020(M) to reference ORS and OAR
standards for replacement dwellings. Removed sections 18.16.023, 18.36.025, and
18.40.025 as they were duplicative.
• Amend 18.04 to reference ORS and OAR for definition of "farm use".
• Amend 18.16.050(A)(3)(f), 18.16.050(B)(8), and 18.16.050(C)(5) to reflect new
requirements for verification of income associated with farmworker and primary
farm dwellings.
• Amend 18.16.038(C) to reference ORS and OAR standards for farm stands.
• Amend 18.16.030(M), 18.36.030(R), and 18.40.030(S) to reference ORS and OAR
standards for home occupations.
• Amend 18.36.050(D)(1)(d)(1) and 18.40.050(D)(1)(d)(1) to remove a temporary
provision for template dwellings that has sunset.
• Amend 18.16.031(D), 18.16.030(G), 18.36.030(G), and 18.40.030(H) to directly
reference requirements for campgrounds in OAR and ORS. Removed 18.16.050(L) as
no longer needed.
• Amend 18.04 to amend the definition for a processing facility for farm crops to
include rabbit products.
• Amend 18.16.033(C) as it is duplicative and superseded by 18.120.010(B), pertaining
to expansion of nonconforming schools.
Page 2 of 3
Staff included only housekeeping style amendments resulting from rulemaking in this
particular text amendment package. Additional discretionary amendments related to
childcare, temporary storage sites, and natural disaster event allowances may be pursued in
future amendment processes.
III. AGENCY AND PUBLIC COMMENTS
No agency or public comments have been received to date.
IV. PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public hearing on June 26, 2025. No public or agency
testimony was received. The Commission closed the public hearing, deliberated, and
voted unanimously to recommend approval of the proposed amendments.
V. NEXT STEPS
A public hearing with the Board is scheduled for September 10, 2025.
Attachments
A. Text Amendments
B. Proposed Findings
C. February 3, 2025 Briefing Memo to the Board
Page 3 of 3
Exhibit Ato Ordinance 2025-016
18.04.010 Title
18.04.020 Purpose
18.04.030 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, or, where such words and phrases are defined in applicable Oregon Revised
Statutes (ORS) and/or Oregon Administrative Rules (OAR), as defined therein. If there is any
conflict between the definitions set forth in DCC 18.04.030 and the definitions of the same
words and phrases in applicable ORS and/or OAR, the definitions in ORS and/or OAR shall
prevail.
"Facility for the processing of farm products" means a facility for:
A. Processing farm crops, including the production of biofuel as defined in ORS
315.141, if at least one -quarter of the farm crops come from the farm operation
containing the facility; or
B. Slaughtering, processing or selling poultry,7eri�poultry products,_ rabbits, or rabbit
products from the farm operation containing the facility and consistent with the
licensing exemption for a person under ORS 603.038(2).
"Farm use" has the meaning.given in ORS 215.203 and OAR 660-033-0020. the
211
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(Ord. Chapter 18.04 35 (04/2015); Ord. 88-050 §3, 1988)
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 82-013 §1 on 512511982
Amended by Ord. 83-037§2 on 6/1/1983
Amended by Ord. 83-033 §1 on 6/15/1983
Amended by Ord. 84-023 §1 on 81111984
Amended by Ord. 85-002 §2 on 2/13/1985
Amended by Ord. 86-032 §1 on 4/2/1986
Amended by Ord. 86-018 §1 on 6/30/1986
Amended by Ord. 86-054 §1 on 6/30/1986
Amended by Ord. 86-056 §2 on 6/30/1986
Amended by Ord. 87-015 §1 on 611011987
Amended by Ord. 88-009 §1 on 313011988
Amended by Ord. 88-030 §3 on 8/17/1988
Amended by Ord. 89-004 §1 on 3/24/1989
Amended by Ord. 89-009 §2 on 11/29/1989
Amended by Ord. 90-0.14 §2 on 711211990
Amended by Ord. 91-002 §11 on 21611991
Amended by Ord. 91-005 §1 on 3/4/1991
Amended by Ord. 92-025 §1 on 411511991
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 91-038 §§3 and 4 on 913011991
Amended by Ord. 92-004 01 and 2 on 21711992
Amended by Ord. 92-034 §1 on 4/8/1992
Amended by Ord. 92-065 §§1 and 2 on 1112511992
Amended by Ord. 92-066 §1 on 1112511992
Amended by Ord. 93-002 §§1, 2 and 3 on 2/3/1993
Amended by Ord. 93-005 §§1 and on 412111993
Amended by Ord. 93-038 §1 on 7/28/1993
Amended by Ord. 93-043 §§1, 1A and 18 on 8/25/1993
Amended by Ord. 94-001 §§1, 2, and 3 on 3/16/1994
Amended by Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7and 8 on 6/8/1994
Amended by Ord. 94-041 §§2 and 3 on 9/14/1994
Amended by Ord. 94- 338 §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 3/29/1995
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 95-077§2 on 1212011995
Amended by Ord. 96-003 §2 on 3/27/1996
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 10/1012001
Amended by Ord. 2001-033 §2 on 10/1012001
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 9/28/2007
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. 2010-016 §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 4/22/2015
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
Repealed by Ord. 2018-005 §8 on 10/1012018
Amended by Ord. 2018-006 §4 on 1112012018
Amended by Ord. 2019-010 §1 on 5/8/2019
Amended by Ord. 2019-016 §1 on 2/24/2020
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 5/30/2023
Amended by Ord. 2024-008 §2 on 11712025
Amended by Ord. 2025-002 §1 on 312812025
Amendedb Ord. 2025-0161 on x/xx/xxxx
Exhibit B to Ordinance 2025-016
CHAPTER 18.1 EEXCLUSIVE FARM USE ZONES
18 16.010 Purpose
18.16.020 Uses Permitted Outright
18.16.025 Uses Permitted Subject To The Special Provisions Under DCC Section 18.16.038
Or DCC Section 18.16.042 And A Review Under DCC Chapter 18.124 Where Applicable
18.16.030 Conditional Uses Permitted; High Value And Non -High Value Farmland
18.16.031 Conditional Uses On Non -High Value Farmland Only
18.16.033Conditional Uses On High Value Farmland Only
18.16.03 -Destination Resorts
18.16.03 -Guest Ranch
18.1.6.038 Special Conditions For Certain Uses Listed Under DCC 18.16.025
18.16.040 Limitations -On Conditional Uses
18.16.042 Agri -Tourism And Other Commercial Events Or Activities Limited Use Permit
18.16.043 Sin & Permit
18.16.050 Standards For Dwellings In The EFU Zones
18.16.055 Land Divisions
18.16.060 Dimensional Standards
18.16.065 Subzones
181.6.067 Farm _Mana ement Plans
18.16._070 Setbacks
18.16.080 Ordinar Hi _ h Water Mark Setbacks
18.16.090 Rimroc_k Setback
1 ' - - ♦ •
The following uses and their accessory uses are permitted outright:
A. Farm use has the meanin iven in ORS 215.203 and OAR 660-033-0020. as defined
B. Propagation or harvesting of a forest product.
C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities
or construction relating to such operations shall not be a basis for an exception
under ORS 197.732(2)(a) or (b).
D. Accessory buildings customarily provided in conjunction with farm use.
E. Climbing and passing lanes within the right of way existing as of July 1, 1987.
F. Reconstruction or modification of public roads and highways, including the
placement of utility facilities overhead and in the subsurface of public roads and
highways along the public right of way, but not including the addition of travel lanes,
where no removal or displacement of buildings would occur, or no new land tots or
parcels result.
G. Temporary public road and highway detours that will be abandoned and restored to
original condition or use when no longer needed.
H. Minor betterment of existing public road and highway -related facilities such as
maintenance yards, weigh stations, and rest areas, within a right of way existing as
of July 1, 1987, and contiguous public owned property utilized to support the
operation and maintenance of public roads and highways.
I. Creation, restoration, or enhancement of wetlands.
J. A lawfully established dwelling may be altered, restored, or replaced -as allowed by
and_ us bject to —Werequiem of ORS 215.291 and_OAR 660-033-130.sdbjeetto
1. The replacement dwelling is subject to OAR 660-033-0130(30) and the
County shall require as a condition of approval of a single-family
replacement dwelling that the landowner for the dwelling sign and record in
the deed records for the county a document binding the landowner, and the
landowner's successors in interest, prohibiting them from pursuing a claim
for relief or cause of action alleging injury from farming or forest practices for
which no action or claim is allowed under ORS 30.936 to 30.937.
K. A replacement dwelling to be used in conjunction with farm use if the existing
dwelling is listed on the National Register of Historic Places and on the County
inventory as a historic property as defined in ORS 358.480, and subject to
18.16.020(J)(1)above.
L. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
M. Utility facility service lines. Utility facility service tines are utility lines and accessory
facilities or structures that end at the point where the utility service is received by
the customer and that are located on one or more of the following:
1. A public right of way;
2. Land immediately adjacent to a public right of way, provided the written
consent of all adjacent property owners has been obtained; or
3. The property to be served by the utility.
N. The land application of reclaimed water, agricultural process or industrial process
water or biosolids, or the onsite treatment of septage prior to the land application of
biosolids, for agricultural, horticultural or silvicultural production, or for irrigation in
connection with a use allowed in an exclusive farm use zone, subject to the
issuance of a license, permit or other approval by the Department of Environmental
Quality under ORS 454.695, 459.205, 46813.053 or 46813.055, or in compliance with
rules adopted under ORS 46813.095, and with the requirements of ORS 215.246 to
215.251. For the purposes of this section, onsite treatment of septage prior to the
land application of biosolids is limited to treatment using treatment facilities that
are portable, temporary and transportable by truck trailer, as defined in ORS
801.580, during a period of time within which land application of biosolids is
authorized under the license, permit or other approval.
O. Fire service facilities providing rural fire protection services.
P. Operations for the exploration for and production of geothermal resources as
defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the
placement and operation of compressors, separators and other customary
production equipment for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis for an exception
under ORS 197.732(2)(a) or (b).
Q. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC
Chapter 8.16.
R. Composting operations that are accepted farming practices in conjunction with and
auxiliary to farm use on the subject tract as allowed under OAR 660-033-0130(29).
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 81-001 §1 on 3/5/1981
Amended by Ord. 81-025 §1 on 711511981
Amended by Ord. 86-007§1 on 112911986
Amended by Ord. 91-002 §3 on 21611991
Amended by Ord. 91-005 §4 on 3/4/1991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-024 §1 on 612611991
Amended by Ord. 91-038 §§1 and 2 on 9/30/1991
Amended by Ord. 92-065 §3 on 1112511992
Amended by Ord. 95-007§10 on 3/1/1995
Amended by Ord. 98-030 §1 on 5/13/1998
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §1 on 1211212001
Amended by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2008-009 §2 on 51612008
Amended by Ord. 2009-014 §1 on 612212009
Amended by Ord. 2010-022 §2 on 711912010
Amended by Ord. 2012-007§2 on 51212012
Amended by Ord. 2014-01.0 §1 on 412812014
Amended by Ord. 2016-015 §2 on 71112016
Amended by Ord. 2018-006 §5 on 1112012018
Amended by Ord. 2021-004 §1 on 512712021
Amended by Ord. 2025-002 §4 on 312812025
Amen ded_by Ord 2025.-016 §2 on x/xx/xxxx
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HISTORY
Adopted by Ord. 20.14-010 §1 on 412812014
Amended by Ord. 2021-013 §4 on 41512022
Amended by Ord. 2024-008 §3 on 11712025
Amended by Ord. 2025-002 §4 on 312812025
Repeal by Ord 2025-016 §2 on x/xx/xxxx
The following uses may be allowed in the Exclusive Farm Use zones on either high value
farmland or non -high value farmland subject to applicable provisions of the
Comprehensive Plan, DCC 18.16.040 and 18.16.050, and other applicable sections of DCC
Title 18.
A. Nonfarm dwelling.
B. Lot of record dwelling.
C. Subject to the standards of ORS 215.296, residential home in existing dwellings.
D. A hardship dwelling, as described in DCC 18.16.050(H).
E. Commercial activities that are in conjunction with farm use, but not including the
processing of farm crops as described in DCC 18.16.025.
F. Operations conducted for: Mining and processing of geothermal resources as
defined by ORS 522.005, and Mining and processing of natural gas or oil as defined
by ORS 520.005, not otherwise permitted under DCC 18.16.020.
G. Expansion of an existing private park, playground, hunting and fishing preserve and
campground on the same tract as the existing use, subject to ORS 215.283 and. OAR
660-033-0130.
H. Public park and playground consistent with the provisions of ORS 195.120, and
including only the uses specified under OAR 660-034-0035 or 660-034-0040,
whichever is applicable.
I. Community centers owned by a governmental agency or a nonprofit organization
and operated primarily by and for residents of the local rural community.
1. A community center authorized under this section may provide services to
veterans, including but not limited to emergency and transitional shelter,
preparation and service of meals, vocational and educational counseling and
referral to local, state or federal agencies providing medical, mental health,
disability income replacement and substance abuse services, only in a
facility that is in existence on January 1, 2006.
2. The services may not include direct delivery of medical, mental health,
disability income replacement or substance abuse services.
J. Transmission towers over 200 feet in height.
K. Commercial utility facility, including a hydroelectric facility (in accordance with DCC
18.116.130 and 18.128.260, and OAR 660-033-0130), for the purpose of generating
power for public use by sale, not including wind power generation facilities.
L. Personal use airport for airplanes and helicopter pads, including associated hangar,
maintenance and service facilities. A personal use airport as used in DCC 18.16.030
means an airstrip restricted, except for aircraft emergencies, to use by the owner,
and, on an infrequent and occasional basis, by invited guests, and by commercial
aviation activities in connection with agricultural operations.
M. Home Occupation as allowed by and, —subject to the requirements of ORS 215.448
OAR 660-033-0130, and DCC 18.116.280.
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i■0ltiEllfll:1:iR.l:t:l\►:7��7�1!:ll��ll�!I�Il:A1:l�r:l i1V<•I�l\�1�111'1'/l\��:1\�\mil t!A77
N. A facility for the primary processing of forest products, provided that such facility is
found to not seriously interfere with accepted farming practices and is compatible
with farm uses described in ORS 213.203(2).
1. The primary processing of a forest product, as used in DCC 18.16.030,
means the use of a portable chipper or stud mill or other similar methods of
initial treatment of a forest product in order to enable its shipment to market.
2. Forest products, as used in DCC 18.16.030, means timber grown upon a lot
or parcel of land or contiguous land where the primary processing facility is
located.
O. Construction of additional passing and travel lanes requiring the acquisition of right
of way, but not resulting in the creation of new land lots or parcels.
P. Reconstruction or modification of public roads and highways involving the removal
or displacement of buildings, but not resulting in the creation of new land lots or
parcels.
Q. Improvement of public road and highway -related facilities such as maintenance
yards, weigh stations, and rest areas, where additional property or right of way is
required, but not resulting in the creation of new land lots or parcels.
R. The propagation, cultivation, maintenance and harvesting of aquatic species that
are not under the jurisdiction of the State Fish and Wildlife Commission or insect
species.
Insect species shall not include any species under quarantine by the State
Department of Agriculture or the United States Department of Agriculture.
2. The county shalt provide notice of all applications under this section to the
State Department of Agriculture.
3. Notice shall be provided in accordance with DCC Title 22, but shall be
mailed at least 20 calendar days prior to any administrative decision or initial
public hearing on the application.
S. Room and board arrangements for a maximum of five unrelated persons in an
existing residence. If approved, this use is subject to the recording of the statement
listed in DCC 18.16.020(J)(1).
T. Fill or removal within the bed and banks of a stream or river or in a wetland.
U. Roads, highways and other transportation facilities, and improvements not
otherwise allowed under DCC 18.16, if an exception to Goal 3, Agricultural Lands,
and to any other applicable goal is first granted under state law. Transportation uses
and improvements may be authorized under conditions and standards as set forth
in OAR 660-012-0035 and 660-012-0065.
V. Surface mining of mineral and aggregate resources in conjunction with the
operation and maintenance of irrigation systems operated by an Irrigation District,
includingthe excavation and mining for facilities, ponds, reservoirs, and the off -site
use, storage, and sale of excavated material.
W. A living history museum.
X. Operations for the extraction and bottling of water.
Y. Transportation improvements on rural lands allowed by and subject to the
requirements of ORS 21.5.283(3) and OAR 660-012-0065.
Z. Expansion of existing county fairgrounds and activities relating to county fairgrounds
governed by county fair boards established pursuant to ORS 565.210.
AA. Extended outdoor mass gatherings, subject to DCC 8.16.
AB. A landscape contracting business, as defined in ORS 671.520, or a business
providing landscape architecture services, as described in ORS 671.318, if the
business is pursued in conjunction with the growing and marketing of nursery stock
on the land that constitutes farm use.
AC. Wind power generation facilities as commercial utility facilities for the purpose of
generating power for public use by sale, subject to OAR 660-033-0130.
AD. Photovoltaic solar power generation facilities as commercial utility facilities for the
purpose of generating power for public use by sale, subject to OAR 660-033-0130.
On high -value farmland only, photovoltaic solar power generation facilities are
subject to the provisions in ORS 215.447.
AE. Commercial dog boarding kennel, or dog training classes or testing trials that
exceed the standards under DCC 18.16.025(K), subject to DCC 18.16.040(A)(1 and
2).
AF. Equine and equine -affiliated therapeutic and counseling activities, provided:
1. The activities are conducted in existing buildings that were lawfully
constructed on the property before the effective date of January 1, 2019 or in
new buildings that are accessory, incidental, and subordinate to the farm use
on the tract; and
2. All individuals conducting therapeutic or counseling activities are acting
within the proper scope of any licenses required by the state.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 83-028 §1 on 6/1/1983
Amended by Ord. 86-018 §3 on 6/30/1986
Amended by Ord. 87-013 §1 on 611011987
Amended by Ord. 90-018 §1 on 511611990
Amended by Ord. 90-014 §§23 and 31 on 711211990
Amended by Ord. 91-005 §5 on 31411991
Amended by Ord. 91-014 §1 on 311311991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §2 on 9/30/1991
Amended by Ord. 92-065 §3 on 1112511992
Amended by Ord. 94-008 §9 on 6/8/1994
Amended by Ord. 95-007§11 on 3/1/1995
Amended by Ord. 95-025 §1 on 3/3/1995
Amended by Ord. 98-030 §1 on 5/13/1998
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 200.1-039 §1 on 1211212001
Amended by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2008-001 §2 on 5/6/2008
Amended by Ord. 2009-014 §1 on 612212009
Amended by Ord. 2012-007§2 on 51212012
Amended by Ord. 2014-010 §1 on 412812014
Amended by Ord. 2018-006 §5 on 1112012018
Amended by Ord. 2021-013 §4 on 41512022
Amended by Ord. 2024-008 §3 on 11712025
Amended by Ord. 2025-002 §4 on 312812025
Amended by Ord 2025-016 §2 on x/xx/xxxx
18.16.031 Conditional Uses On Yvon -High Value Farrnland Only
The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that
constitute non -high value farmland subject to applicable provisions of the Comprehensive
Plan and DCC 18.16.040 and other applicable sections of DCC Title 18.
A. A disposal site which includes a land disposal site approved by the governing body
of a city or County or both and for which a permit has been granted under ORS
459.245 by the Department of Environmental Quality together with equipment,
facilities or buildings necessary for its operation.
B. Golf course and accessory golf course uses as defined in DCC Title 18 on land
determined not to be high value farmland, as defined in ORS 195.300.
C. Except for those composting facilities that area farm use as allowed under DCC
18.16.020, composting operations and facilities for which a permit has been granted
by the Oregon Department of Environmental Quality under OAR 340-093-0050 and
340-096-0060.
1. Buildings and facilities used in conjunction with the composting operation
shall only be those required for the operation of the subject facility.
2. On -site sales shall be limited to bulk loads of at least one unit (7.5 cubic
yards) in size that are transported in one vehicle.
3. A composting facility use shall be subject to DCC 18.16.040(MM).
D. Private parks, playgrounds, hunting and fishing preserves and campgrounds as
allowed by and subject to the requirements of_hstneORS 215.283_and OAR 660-033-
0130.
E. Public or private schools for kindergarten through grade 12, including all buildings
essential to the operation of a school, primarily for residents of the rural area in
which the school is located, subject to the applicable Oregon Administrative Rules.
HISTORY
Adopted by Ord. 95-007§12 on 31111995
Amended by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2009-014 §1 on 612212009
Amended by Ord. 2010-022 §2 on 711912010
Amended by Ord. 2012-007§2 on 51212012
Amended by Ord. 2014-010 §1 on 412812014
Amended by Ord. 2020-007 §9 on 1012712020
Amended by Ord. 2025-016 §2 on x/xx/xxxx
18.16.033 Conditional Uses ®n High Value Farmland Only
In addition to those uses listed in DCC 18.16.030 above, the following uses may be allowed
on tracts in the Exclusive Farm Use Zones that constitute high value farmland subject to
applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable
sections of DCC Title 18.
A. Maintenance, enhancement or expansion of a site for the disposal of solid waste
approved by the County for which a permit has been granted under ORS 459.245 by
the Oregon Department of Environmental Quality together with equipment, facilities
or buildings necessary for its operation, subject to other requirements of law. New
such sites are prohibited.
B. Maintenance, enhancement or expansion of golf course and accessory golf course
uses as defined in DCC Title 18 existing as of March 1, 1994, subject to other
requirements of law. New such uses are prohibited. Expanded courses may not
exceed 36 holes total.
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HISTORY
Adopted by Ord. 95-007§13 on 31111995
Amended by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2009-014 §1 on 6/22/2009
Amended by Ord. 2010-022 §2 on 711912010
Amended by Ord. 2014-010 §1 on 412812014
Amended by Ord. 2025-016 §2 on x/xx/xxxx
18.16.038 Special Conditions For Certain Uses Listed Under DCC 18.16.025
A. A utility facility necessary for public use allowed under DCC 18.16.025 shall be one
that must be sited in an agricultural zone in order for service to be provided. To
demonstrate that a utility facility is necessary, an applicant must show that
reasonable alternatives have been considered and that the facility must be sited in
an exclusive farm use zone due to one or more of the following factors:
1. Technical and engineering feasibility;
2. The proposed facility is locationally dependent. A utility facility is locationally
dependent if it must cross land in one or more areas zoned for exclusive farm
use in order to achieve a reasonably direct route or to meet unique
geographical needs that cannot be satisfied on other lands;
3. Lack of available urban and nonresource lands;
4. Availability of existing rights of way;
5. Public health and safety; and
6. Other requirements of state and federal agencies.
7. Costs associated with any of the factors listed in 1-6 above may be
considered, but cost alone may not be the only consideration in determining
that a utility facility is necessary for public service. Land costs shall not be
included when considering alternative locations for substantially similar
utilityfacilities that are not substantially similar.
S. The owner of a utility facility approved under this section shall be responsible
for restoring, as nearly as possible, to its former condition any agricultural
Land and associated improvements that are damaged or otherwise disturbed
by the siting, maintenance, repair or reconstruction of the facility. Nothing in
this subsection shall prevent the owner of the utility facility from requiring a
bond or other security from a contractor or otherwise imposing on a
contractor the responsibility for restoration.
9. In addition to the provisions of 1-6 above, the establishment or extension of a
sewer system as defined by OAR 660-011-0060(1)(f) in an exclusive farm use
zone shall be subject to the provisions of OAR 660-011-0060.
10. The provisions above do not apply to interstate gas pipelines and associated
facilities authorized by and subject to regulation by the Federal Energy
Regulatory Commission.
11. The County shall impose clear and objective conditions on an application for
utility facility siting to mitigate and minimize the impacts of the proposed
facility, if any, on surrounding lands devoted to farm use, in order to prevent a
significant change in accepted farm practices or a significant increase in the
cost of farm practices on surrounding farmlands.
12. Utility facilities necessaryfor public service may include on -site and off -site
facilities for temporary workforce housing for workers constructing a utility
facility. Such facilities must be removed or converted to an allowed use
under OAR 660-033-0130(19) or other statute or rule when project
construction is complete. Off -site facilities allowed under this provision are
subject to OAR 660-033-0130(5). Temporary workforce housing facilities not
included in the initial approval may be considered through a minor
amendment request. A minor amendment request shalt have no effect on
the original approval.
B. Wineries are subject to the following:
1. A winery, authorized under DCC 18.16.025 is a facility that produces wine
with a maximum annual production of:
a. Less than 50,000 gallons and:
1. Owns an on -site vineyard of at least 15 acres;
2. Owns a contiguous vineyard of at least 15 acres;
3. Has a long-term contract for the purchase of all of the grapes
from at least 15 acres of a vineyard contiguous to the winery;
or
4. Obtains grapes from any combination of i, ii, or iii of this
subsection; or
b. At least 50,000 gallons and the winery:
1. Owns an on -site vineyard of at least 40 acres;
2. Owns a contiguous vineyard of at least 40 acres;
3. Has a long-term contract for the purchase of all of the grapes
from at least 40 acres of a vineyard contiguous to the winery;
4. Owns an on -site vineyard of at least 15 acres on a tract of at
Least 40 acres and owns at least 40 additional acres of
vineyards in Oregon that are located within 15 miles of the
winery site; or
5. Obtains grapes from any combination of i, ii, iii, or iv of this
subsection.
2. In addition to producing and distributing wine, a winery established under
this section may:
a. Market and sell wine produced in conjunction with the winery.
b. Conduct operations that are directly related to the sale or marketing
of wine produced in conjunction with the winery, including:
1. Wine tastings in a tasting room or other location on the
premises occupied by the winery;
2. Wine club activities;
3. Winemaker luncheons and dinners;
4. Winery and vineyard tours;
5. Meetings or business activities with winery suppliers,
distributors, wholesale customers and wine -industry
members;
6. Winery staff activities;
7. Open house promotions of wine produced in conjunction with
the winery; and
8. Similar activities conducted for the primary purpose of
promoting wine produced in conjunction with the winery.
c. Market and sell items directly related to the sale or promotion of wine
produced in conjunction with the winery, the marketing and sale of
which is incidental to on -site retail sale of wine, including food and
beverages:
1. Required to be made available in conjunction with the
consumption of wine on the premises by the Liquor Control Act
or rules adopted under the Liquor Control Act; or
2. Served in conjunction with an activity authorized by paragraph
(b), (d) or (e) of this subsection.
d. Carry out agri-tourism or other commercial events on the tract
occupied by the winery subject to subsections of this section.
e. Host charitable activities for which the winery does not charge a
facility rental fee.
3. On -site kitchen.
a. A winery may include on -site kitchen facilities licensed by the Oregon
Health Authority under ORS 624.010 to 624.121 for the preparation of
food and beverages described in subsection (2)(c) of this section.
b. Food and beverage services authorized under subsection (2)(c) of this
section may not utilize menu options or meat services that cause the
kitchen facilities to function as a cafe or other dining establishment
open to the public.
4. The gross income of the winery from the sale of incidental items or services
provided pursuant to subsection (2)(c) to (e) of this section may not exceed
25 percent of the gross income from the on -site retail sale of wine produced
in conjunction with the winery.
a. The gross income of the winery does not include income received by
third parties unaffiliated with the winery.
b. At the request of the County, who has land use jurisdiction over the
site of a winery, the winery shall submit to the County a written
statement that is prepared by a certified public accountant and
certifies the compliance of the winery with this subsection for the
previous tax year.
5. A winery may carry out up to 18 days of agri-tourism or other commercial
events annually on the tract occupied by the winery.
6. If a winery approved under DCC 18.16.038(B)(5) conducts agri-tourism or
other commercial events, the winery may not conduct agri-tourism or other
commercial events or activities authorized under Deschutes County Code
18.16.042.
7. Gross Income.
a. The gross income of the winery from any activity other than the
production or sale of wine may not exceed 25 percent of the gross
income from the on -site retail of wine produced in conjunction with
the winery.
b. The gross income of the winery does not include income received by
third parties unaffiliated with the winery.
c. The winery shall submit to the Deschutes County Community
Development Department a written statement, prepared by a certified
public accountant that certifies compliance with this section for the
previous tax year by April 15 of each year in which private events are
held.
8. A winery operating under this section shall provide parking for all activities or
uses on the lot, parcel, or tract on which the winery is established.
9. Prior to the issuance of a permit to establish a winery under this section, the
applicant shalt show that vineyards described in subsections (13)(1) of this
section have been planted or that the contract for the purchase of grapes has
been executed, as applicable.
10. The siting of a winery shall be subject to the following standards:
a. Establishment of a setback of at least 100 feet from all property lines
for the winery and all public gathering places, unless the County
grants an adjustment or variance allowing a setback of less than 100
feet.
b. Shall comply with DCC Chapter 18.80, Airport Safety Combining
Zone, and DCC 18.116.180, Building Setbacks for the Protection of
Solar Access.
11. As used in this section, "private events" includes, but is not limited to, facility
rentals and celebratory gatherings.
12. The winery shall have direct road access and internal circulation.
13. A winery is subiect to the following public health and safety standards:
a. Sanitation facilities shalt include, at a minimum, portable restroom
facilities and stand-alone hand washing stations.
b. No event, gathering or activity may begin before 7:00 a.m. or end after
10:00 p.m., including set-up and take -down of temporary structures.
c. Noise control.
1. All noise, including the use of a sound producing device such
as, but not limited to, loud speakers and public address
systems, musical instruments that are amplified or
unamplified, shall be in compliance with applicable state
regulations.
2. A standard sound level meter or equivalent, in good condition,
that provides a weighted sound pressure level measured by
use of a metering characteristic with an "A" frequency
weighting network and reported as dBA shall be available on -
site at all times during private events.
d. Adequate traffic control must be provided by the property owner to
address the following:
1. There shall be one traffic control person for each 250 persons
expected or reasonably expected to be in attendance at any
time.
2. All traffic control personnel shall be certified by the State of
Oregon and shall complywith the current edition of the Manual
of Uniform Traffic Control Devices.
e. Structures.
1. All permanent and temporary structures and facilities are
subject to fire, health and life safety requirements, and shall
comply with all requirements of the Deschutes County
Building Safety Division and the Environmental Soils Division
and any other applicable federal, state and local laws.
2. Compliance with the requirements of the Deschutes County
Building Safety Division shall include meeting all building
occupancy classification requirements of the State of Oregon
adopted building code.
f. Inspection of event premises authorization. The applicant shall
provide in writing a consent to allow law enforcement, public health,
and fire control officers to come upon the premises for which the
Limited Use Permit has been granted for the purposes of inspection
and enforcement of the terms and conditions of the permit and DCC
Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08 Noise
Control, and any other applicable laws or ordinances.
C. Farm stands as allowed and m subject to_the requirements of ORS 2.15.283 and OAR
6607033-130.the4g:
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D. A site for the takeoff and landing of model aircraft is subject to the following:
1. Buildings or facilities shall not be more than 500 square feet in floor area or
placed on a permanent foundation unless the building of facility preexisted
the use approved under this section.
a. The site shall not include an aggregate surface or hard surface area,
unless the surface preexisted the use approved under this section.
b. An owner of property used for the purpose authorized in this section
may charge a person operating the use on the property rent for the
property.
c. An operator may charge users of the property a fee that does not
exceed the operator's cost to maintain the property, buildings and
facilities.
d. As used in this section, "model aircraft" means a small-scale version
of an airplane, glider, helicopter, dirigible or balloon that is used or
intended to be used for flight and is controlled by radio, lines or design
by a person on the ground.
E. An associated transmission line is necessary for public service if an applicant for
approval under DCC 18.16.025 demonstrates that the line meets either the
requirements of 1 or 2 below.
1. The entire route of the associated transmission line meets at least one of the
following requirements:
a. The associated transmission tine is not located on high -value
farmland, as defined in ORS 195.300, or on arable land;
b. The associated transmission line is co -located with an existing
transmission line;
c. The associated transmission line parallels an existing transmission
line corridor with the minimum separation necessary for safety; or
d. The associated transmission line is located within an existing right of
way for a linear facility, such as a transmission line, road or railroad,
that is located above the surface of the ground.
2. After an evaluation of reasonable alternatives, the entire route of the
associated transmission line meets, subject to DCC 18.16.038(E)(3) and (4)
below, two or more of the following factors:
a. Technical and engineering feasibility;
b. The associated transmission line is locationally-dependent because
the associated transmission line must cross high -value farmland, as
defined in ORS 195.300, or arable land to achieve a reasonably direct
route or to meet unique geographical needs that cannot be satisfied
on other lands;
c. Lack of an available existing right of way for a linear facility, such as a
transmission line, road or railroad, that is located above the surface of
the ground;
d. Public health and safety, or
e. Other requirements of state or federal agencies.
3. As pertains to DCC 18.16.038(E)(2), the applicant shall present findings to
the County on how the applicant will mitigate and minimize the impacts, if
any, of the associated transmission line on surrounding lands devoted to
farm use in order to prevent a significant change in accepted farm practices
or a significant increase in the cost of farm practices on the surrounding
farmland.
4. The County may consider costs associated with any of the factors listed in
DCC 18.16.038(E)(2) above, but consideration of cost may not be the only
consideration in determining whether the associated transmission line is
necessaryfor public service.
HISTORY
Adopted by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2008-001 §2 on 5/6/2008
Amended by Ord. 2009-014 §1 on 612212009
Amended by Ord. 2010-022 §2 on 711912010
Amended by Ord. 2012-004 §2 on 411612012
Amended by Ord. 2012-007 §2 on 51212012
Amended by Ord. 2014-010 §1 on 412812014
Amended by Ord. 2025-002 §4 on 312812025
Amended by Ord 2025-016 §2 on x/xx/xxxx
A. Conditional uses permitted by DCC 18.16.030, 18.16.031, and 18.16.033 may be
established subject to ORS 215.296, OAR 660-03333-0130(5), applicable provisions in
DCC 18.128,-and upon a finding by the Planning Director or Hearings Body_that the
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: - - • : • : {C•I�l: P1:l�f�l:lid:tl-1 C.1�:: �:1�►:JIMl�. Nl�:l �lil
-3-.1. That the actual site on which the use is to be located is the least
suitable for the production of farm crops or livestock.
B. A commercial activity allowed under DCC 18.16.030(E) shall be associated with a
farm use occurring on the lot or parcel where the commercial use is proposed. The
commercial activity may use, process, store, or market farm products produced
outside of Deschutes County.
C. A power generation facility that is part of a commercial utility facility for the purpose
of generating power for public use by sale identified in DCC 18.16.030(K) and:
1. That is located on high -value farmland, the permanent features of which
shall not preclude more than 12 acres from use as a commercial agricultural
enterprise unless an exception is taken pursuant to ORS 197.732 and Oregon
Administrative Rules 660, Division 004.
2. That is located on non -high -value farmland, the permanent features of which
shall not preclude more than 20 acres from use as a commercial agricultural
enterprise unless an exception is taken pursuant to ORS 197.732 and Oregon
Administrative Rules 660, Division 4.
3. A power generation facility may include on -site and off -site facilities for
temporary workforce housing as allowed under OAR 660-033-0130(17) and
(22).
D. Awind power generation facility includes, but is not limited to, the following system
components: all wind turbine towers and concrete pads, permanent meteorological
towers and wind measurement devices, electrical cable collection systems
connecting wind turbine towers with the relevant power substation, new or
expanded private roads (whether temporary or permanent) constructed to serve the
wind power generation facility, office and operation and maintenance buildings,
temporary lay -down areas and all other necessary appurtenances, including but not
Limited to on -site and off -site facilities for temporary workforce housing for workers
constructing a wind power generation facility. Such facilities must be removed or
converted to an allowed use under OAR 660-033-0130(19) or other statute or rule
when project construction is complete. Temporary workforce housing facilities not
included in the initial approval may be considered through a minor amendment
request filed after a decision to approve a power generation facility. A minor
amendment request shalt be subject to OAR 660-033-0130(5) and shall have no
effect on the,originat approval. A proposal for a wind power generation facility shall
be subject to the following provisions:
1. For high value farmland soils described in ORS 195.300(10), that all of the
following are satisfied:
a. Reasonable alternatives have been considered to show that siting the
wind power generation facility or component thereof on high -value
farmland soils is necessary for the facility or component to function
properly or if a road system or turbine string must be placed on such
soils to achieve a reasonably direct route considering the following
factors:
1. Technical and engineering feasibility;
2. Availability of existing rights of way; and
3. The long term environmental, economic, social and energy
consequences of siting the facility or component on alternative
sites, as determined under OAR 660-033-0130(37)(a)(B);
b. The long-term environmental, economic, social and energy
consequences resulting from the wind power generation facility or any
component thereof at the proposed site with measures designed to
reduce adverse impacts are not significantly more adverse than would
typically result from the same proposal being located on other
agricultural lands that do not include high -value farmland soils;
c. Costs associated with any of the factors listed in OAR 660-033-
0130(37)(a)(A) may be considered, but costs alone may not be the
only consideration in determining that siting any component of a wind
power generation facility on high -value farmland soils is necessary;
d. The owner of a wind power generation facility approved under OAR
660-033-0130(37)(a) shall be responsible for restoring, as nearly as
possible, to its former condition any agricultural land and associated
improvements that are damaged or otherwise disturbed by the siting,
maintenance, repair or reconstruction of the facility. Nothing in this
section shall prevent the owner of the facility from requiring a bond or
other security from a contractor or otherwise imposing on a
contractor the responsibility for restoration; and
e. The criteria of OAR 660-033-0130(37)(b) are satisfied.
2. For arable lands, meaning lands that are cultivated or suitable for cultivation,
including high -value farmland soils described at ORS 195.300(10), the
governing body or its designated must find that:
a. The proposed wind power facility will not create unnecessary negative
impacts on agricultural operations conducted on the subject property.
Negative impacts could include, but are not limited to, the
unnecessary construction of roads, dividing a field or multiple fields in
such a way that creates small or isolated pieces of property that are
more difficult to farm, and placing wind farm components such as
meteorological towers on lands in a manner that could disrupt
common and accepted farming practices;
b. The presence of a proposed wind power facility will not result in
unnecessary soil erosion or loss that could limit agricultural
productivity on the subject property. This provision may be satisfied by
the submittal and county approval of a soil and erosion control plan
prepared by an adequately qualified individual, showing how
unnecessary soil erosion will be avoided or remedied and how topsoil
will be stripped, stockpiled and clearly marked. The approved plan
shall be attached to the decision as a condition of approval;
c. Construction or maintenance activities will not result in unnecessary
soil compaction that reduces the productivity of soil for crop
production. This provision may be satisfied by the submittal and
county approval of a plan prepared by an adequately qualified
individual, show unnecessary soil compaction will be avoided or
remedied in a timely manner through deep soil decompaction or other
appropriate practices. The approved plan shall be attached to the
decision as a condition of approval;
d. Construction or maintenance activities will not result in the unabated
introduction or spread of noxious weeds and other undesirable weeds
species. This provision may be satisfied by the submittal and county
approval of a weed control plan prepared by an adequately qualified
individual that includes a long-term maintenance agreement. The
approved plan shall be attached to the decision as a condition of
approval.
3. For nonarable lands, meaning lands that are not suitable for cultivation, the
governing body or its designate must find that the requirements of OAR 660-
033-0130(37)(b)(D) are satisfied.
4. In the event that a wind power generation facility is proposed on a
combination of arable and nonarable lands as described in OAR 660-033-
0130(37)(b) and (c) the approval criteria of OAR 660-033-0130(37)(b) shall
apply to the entire project.
E. No aircraft may be based on a personakuse airport identified in DCC 18. 16.030(L)
other than those owned or controlled by the owner of the airstrip. Exceptions to the
activities permitted under this definition may be granted through waiver action by
the Oregon Department of Aviation in specific instances. A personal use airport
lawfully existing as of September 13, 1975, shall continue to be permitted subject to
any applicable rules of the Oregon Department of Aviation.
F. The facility for the primary processing of forest products identified in DCC 18.16.030
is intended to be portable or temporary in nature. Such a facility may be approved
for a one-year period which is renewable.
G. Batching and blending mineral and aggregate into asphaltic cement may not be
authorized within two miles of a planted vineyard. Planted vineyard means one or
more vineyards totaling 40 acres or more that are planted as of the date of the
application for bat
H. Accessory uses for golf courses shall be limited in size and orientation on the site to
serve the needs of persons and their guests who patronize the golf course to golf. An
accessory use that provides commercial services (e.g., pro shop, etc.) shall be
located in the clubhouse rather than in separate buildings. Accessory uses may
include one or more food and beverage service facilities in addition to food and
beverage service facilities located in a clubhouse. Food and beverage service
facilities must be part of and incidental to the operation of the golf course and must
be limited in size and orientation on the site to service only the needs of persons
who patronize the golf course and their guests. Accessory food and beverage
service facilities shall not be designed for or include structures for banquets, public
gatherings or public entertainment.
I. An expansion of an existing golf course as allowed under DCC 18.16.033(C) shall
comply with the definition of "golf course" set forth in DCC Title 18 and the
provisions of DCC 18.16.040(A).
J. An applicant for a nonfarm conditional use may demonstrate that the standards for
approval will be satisfied through the imposition of conditions. Any conditions so
imposed shall be clear and objective.
K. For purposes of approving a conditional use permit for a lot of record dwelling under
DCC 18.16.030, the soil class, soil rating or other soil designation of a specific lot or
parcel may be changed if the property owner:
1. Submits a statement of agreement from the Natural Resources Conservation
Service of the United States Department of Agriculture that the soil class,
soil rating or other soil designation should be adjusted based on new
information; or
2. Submits a report from a soils scientist whose credentials are acceptable to
the Oregon Department of Agriculture that the soil class, soil rating or other
soil designation should be changed; and
3. Submits a statement from the Oregon Department of Agriculture that the
Director of Agriculture or the director's designee has reviewed the report
described in 2 above and finds the analysis in the report to be soundly and
scientifically based.
4. The soil classes, soil ratings or other soil designations used in or made
pursuant to this definition are those of the NRCS in its most recent
publication for that class, rating or designation before November 4, 1993,
except for changes made pursuant to subsections 1-3 above.
5. For the purposes of approving a land use application under OAR 660-033-
0090, 660-033-0120, 660-033-0130 and 660-033-0135, soil classes, soil
ratings or other soil designations used in or made pursuant to this definition
are those of the NRCS in its most recent publication for that class, rating or
designation.
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M-. L. A living history museum shall be related to resource based activities and be
owned and operated by a governmental agency or a local historical society.
1. A living history museum may include limited commercial activities and
facilities that are directly related to the use and enjoyment of the museum
and located within authentic buildings of the depicted historic period or the
museum administration building, if areas other than an exclusive farm use
zone cannot accommodate the museum and related activities, or if the
museum administration buildings and parking lot are located within one -
quarter mile of an urban growth boundary.
2. As used in this paragraph, a "living history museum" means a facility
designed to depict and interpret everyday life and culture of some specific
historic period using authentic buildings, tools, equipment and people to
simulate past activities and events; and "local historical society" means the
Local historic society recognized by the County and organized under ORS
Chapter 65.
W.M. Pre -Application Conference
1. Before an applicant may submit an application under DCC Chapter 22.08
and DCC 18.16.031(C), for land use approval to establish or modify a
disposal site for composting that requires a permit issued by the Oregon
Department of Environmental Quality, the applicant shall:
a. Request and attend a pre -application conference described in DCC
18.16.040(Md-)(3);
b. Hold a pre -application community meeting described in DCC
18.16.040(MN)(6).
2. DCC 18.16.040(MN)(1)(a) and (b) applyto an application to:
a. Establish a disposal site for composting that sells, or offers for sale,
resulting product; or
b. Allow an existing disposal site for composting that sells, or offers for
sale, resulting product to:
1. Accept as feedstock non -vegetative materials, including dead
animals, meat, dairy products and mixed food waste; or
2. Increase the permitted annual tonnage of feedstock used by
the disposal site by an amount that requires a new land use
approval.
3. During the pre -application conference:
a. The applicant shall provide information about the proposed disposal
site for composting and proposed operations for composting and
respond to questions about the site and operations;
b. The County and other representatives described in DCC
18.16.040(MN)(5) shall inform the applicant of permitting
requirements to establish and operate the proposed disposal site for
composting and provide all application materials to the applicant.
4. The applicant shall submit a written request to the County to request a pre -
application conference.
5. A representative of the Planning Division and a representative of the Oregon
Department of Environmental Quality shall attend the conference along with
representatives, as determined necessary by the County, of the following
entities:
a. Any other state agency or local government that has authority to
approve or deny a permit, license or other certification required to
establish or operate the proposed disposal site for composting;
b. A state agency, a local government or a private entity that provides or
would provide one or more of the following to the proposed disposal
site for composting:
1. Water systems;
2. Wastewater collection and treatment systems, including storm
drainage systems.
3. Transportation systems or transit services;
c. A city or county with territory within its boundaries that maybe
affected by the proposed disposal site for composting;
d. The Department of Land Conservation and Development;
e. The State Department of Agriculture;
6. T he County shall:
a. Provide notice of the pre -application conference to entities described
in DCC 18.16.040(MN)(5) by mail and, as appropriate, in any other
manner that ensures adequate notice and opportunity to participate;
b. Hold the pre -application conference at least 20 days and not more
than 40 days after receipt of the applicant's written request; and
c. Provide pre -application notes to each attendee of the conference and
other entities described above for which a representative does not
attend the pre -application conference.
7. After the pre -application conference and before submitting the application
for land use approval, the applicant shall:
a. Hold a community meeting within 60 days after the pre -application
conference:
1. Ina public location in the county with land use jurisdiction;
and
2. On a business day, or Saturday, that is not a holiday, with a
start time between the hours of 6:00 p.m. and 8 p.m.
b. Provide notice of the community meeting to:
1. The owners of record, on the most recent property tax
assessment roll, of real property located within one-half mile
of the real property on which the proposed disposal site for
composting would be located;
2. The resident or occupant that receives mail at the mailing
address of the real property described above, if the mailing
address of the owner of record is not the mailing address of the
real property;
3. Neighborhood and community organizations recognized by the
governing body of the County if a boundary of the organization
is within one-half mile of the proposed disposal site for
composting;
4. A newspaper that meets the requirements of ORS 193.020 for
publication;
5. Local media in a press release; and
6. The entities described in 18.16.040(Mf4)(5) above.
8. During the community meeting, the applicant shall provide information
about the proposed disposal site for composting and proposed operations
for composting and respond to questions about the site and operations.
9. The applicant's notice provided under DCC 18.16.040(MN)(6)(b) above must
include:
a. A brief description of the proposed disposal site for composting;
b. The address and the location of the community meeting; and
c. The date and time of the community meeting.
(Ord. 91-011 §1, 1991)
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Repealed & Reenacted by Ord. 9.1-020 §1 on 512911991
Amended by Ord. 91-038 §§1 and 2 on 913011991
Amended by Ord. 92-065 §3 on 11/25/1992
Amended by Ord. 95-007§14 on 3/1/1995
Amended by Ord. 95-075 §1 on 11/2911995
Amended by Ord. 98-030 §1 on 511311998
Amended by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2006-008 §3 on 812912006
Amended by Ord. 2008-001 §2 on 51612008
Amended by Ord. 2009-014 §1 on 6/22/2009
Amended by Ord. 2012-007 §2 on 51212012
Amended by Ord. 2014-010 §1 on 412812014
Amended by Ord. 2015-016 §2 on 312812016
Amended by Ord. 2018-006 §5 on 1112012018
Amended by Ord. 2020-007 §9 on 1012712020
Amended by Ord. 2025-002 §4 on 312812025
Amended by Ord. 2025-016 §2 on x/xx/xxxx
18.16.042 Agri -Tourism And Other Commercial Events Or._Activities ._Limited.Use Permit
A. Agri -tourism and other commercial events or activities necessar_tosupport r-eiated
to and supportive of agriculture may be approved in an area zoned for exclusive farm
use only if the standards and criteria in this section are met.
1_ A determination.under DCC_18.1.6.042 that an event or activity is_`incidental
and subordinate' requires consideration_of any relevant circumstances.
jncludin _the_ n_ature._inttensity, and economic value of the resDective_farm
and event uses that bear, on whether_ the existing farm use remains the
predominant use of the tract.
1-2.--------- _ A determination under _DCC_18._1.6.042 that an event or activity is
`necessaryto support' eitherthe commercial farm uses or commercial
a ricultural enterprises in the area means that the events are essential to
maintain the existence of either the commercial farm or the commercial
agricultural enterprises in the area.
B. Application. The application shall include the following.
1. The General Provisions information required in DCC 22.08.010.
2. A written description of:
a. The proposal.
b. The types of agri-tourism and other commercial events or activities
that are proposed to be conducted, including the number and
duration of the agri-tourism and other commercial events and
activities, the anticipated maximum daily attendance and the hours of
operation, and how the agri-tourism and other commercial events or
activities will be related to and supportive of are necessary to support
agriculture and incidental and subordinate to the existing farm use of
the tract.
c. The types and locations of all permanent and temporary structures,
access and egress, parking facilities, and sanitation and solid waste
to be used in connection with the agri-tourism or other commercial
events or activities.
3. A traffic management plan that:
a. Identifies the projected number of vehicles and any anticipated use of
public roads;
b. Provides an assurance that one traffic control person shall be
provided for each 250 persons expected or reasonably expected to be
in attendance at any time during the agri-tourism and other
commercial event or activity. The traffic control personnel shall be
certified by the State of Oregon and shall comply with the current
edition of the Manual of Uniform Traffic Control Devices.
c. Demonstrates that the parcel, lot, or tract has direct access such that
the lot, parcel, or tract on which commercial events will occur:
1. Fronts on a public road; or
2. Is accessed by an access easement or private road, and all
underlying property owners and property owners taking access
between the subject property and the public road consent in
writing to the use of the road for agri-tourism and other
commercial events or activities at the time of initial
application.
4. Inspection of Event Premises Authorization. The applicant shall provide in
writing a consent to allow law enforcement, public health, and fire control
officers and code enforcement staff to come upon the premises for which
the Limited Use Permit has been granted for the purposes of inspection and
enforcement of the terms and conditions of the permit and DCC Chapter
18.16 Exclusive Farm Use Zone and DCC Chapter 8.08 Noise Control, and
any other applicable laws or ordinances.
C. Approval Criteria.
1. Type 1. Up to six (6) agri-tourism events in a calendar year on a tract maybe
approved by a limited use permit that is personal to the applicant and is not
transferred by, or transferred with, a conveyance of the tract, if in compliance
with:
a. Criteria set forth in 18.16.042(C)(2)(d-j).
b. May not, individually, exceed one calendar day.
c. Commercial events or activities are not permitted.
d. Minimum lot area: 5 acres.
e. Comply with DCC Chapter 8.08 Noise Control at all times. Sound
amplification and sound producing devices are prohibited.
f. The maximum attendance is 30 at any one time for all non-residents
of the tract.
g. Where there is a conflict between this section and DCC
18.16.042(C)(4-12), the more restrictive criteria shall apply.
2. Type 2. Up to six (6) agri-tourism and other commercial events or activities in
a calendar year on a tract may be approved by a limited use permit that is
personal to the applicant and is not transferred by, or transferred with, a
conveyance of the tract, if in compliance with:
a. Minimum lot area: 10 acres.
b. Agri -tourism events may not, individually, exceed a duration of 72
consecutive hours, excluding set-up and take down of all temporary
structures and facilities. The limitation on the hours of operations is
included within the duration of 72 consecutive hours.
c. Commercial events or activities may not, individually, exceed a
duration of 30 consecutive hours, excluding set-up and take down of
all temporary structures and facilities. The limitation on the hours of
operations is included within the duration of 30 consecutive hours.
d. Must be incidental and subordinate to existing farm use of the tract,
and necessary to suP-port
agriculture.
e. Set-up and take down of all temporary structures and facilities shall
occur up to one business day prior to the agri-tourism and other
commercial events or activities and one business day after the agri-
tourism and other commercial events or activities between 7:00 a.m.
and 10:00 p.m.
f. May not require that a new permanent structure be built, used or
occupied in connection with the agri-tourism or other commercial
events or activities.
g. May not, in combination with other agri-tourism or other commercial
events or activities authorized in the area, materially alter the stability
of the land use pattern in the area.
h. Must comply with ORS 215.296.
i. Limited Use Permits approved under this section expire two years
from the date of approval.
j. Limited Permits maybe renewed for an additional two years subject
to:
1. An application for renewal; and
2. Demonstration of compliance with conditions that apply to the
Limited use permit and applicable provisions in this section,
DCC Chapter 18.16.042.
2. Type 3. Agri -tourism or other commercial events or activities may be
approved by a limited use permit that is personal to the applicant and is not
transferred by, or transferred with, a conveyance of the tract, more frequently
or for a longer period than allowed under 18.16.042(C)(1) and (2) if the agri-
tourism or other commercial events or activities is in compliance with:
a. Criteria set forth in 18.16.042(C)(2)(d)(e)(f)(g) and (h).
b. Must be incidental and subordinate to existing commercial farm use
of the tract and are necessary to support the commercial farm uses or
the commercial agricultural enterprises in the area.
c. Minimum lot area: 160 acres.
d. Do not exceed 18 commercial events or activities in a calendar year.
e. Commercial events or activities may not, individually, exceed a
duration of 24 consecutive hours, excluding set-up and take down of
all temporary structures and facilities. The limitation on the hours of
operations is included within the duration of 24 consecutive hours.
f. Agri -tourism events may not, individually, exceed a duration of 72
consecutive hours, excluding set-up and take down of all temporary
structures and facilities. The limitation on the hours of operations is
included within the duration of 72 consecutive hours.
g. No more than two commercial events or activities may occur in one
month.
h. Limited Use Permits approved under this section expire four years
from the date of approval.
i. Limited Use Permits maybe renewed at four year intervals subject to:
1. An application for renewal;
2. Public notice and public comment as part of the review
process.
3. Demonstration of compliance with conditions that apply to the
limited use permit and applicable provisions in this section,
DCC Chapter 18.16.042.
3. The area in which the agri-tourism or other commercial events or activities
are located shalt be setback at least 100 feet from the property line.
4. Notification of agri-tourism and other commercial events or activities.
a. The property owner shall submit in writing the list of calendar days
scheduled for all agri-tourism and other commercial events or
activities by April 1 of the subject calendar year or within 30 days of
new or renewed limited use permits, if after April 1, to Deschutes
County's Community Development Department and Sheriff's Office,
and all property owners within 500 feet of the subject property.
b. The list of calendar dates for all agri-tourism, commercial events and
activities may be amended by submitting the amended list to the
same entities at least 72 hours prior to any date change.
c. If such notice is not provided, the property owner shall provide notice
by Registered Mail to the same list above at least 10 days prior to each
agri-tourism and other commercial event or activity.
d. The notification shall include a contact person or persons for each
agri-tourism and other commercial event or activity who shall be
easily accessible and who shall remain on site at all times, including
the person(s) contact information.
5. Sanitation facilities shalt include, at a minimum, portable restroom facilities
and stand-alone hand washing stations.
6. Hours of Operation. No agri-tourism and other commercial event or activity
may begin before 7:00 a.m. or end after 10:00 p.m.
7. Overnight camping is not allowed.
8. Noise Control
a. All noise, including the use of a sound producing device such as, but
not limited to, loud speakers and public address systems, musical
instruments that are amplified or unamplified, shall be in compliance
with applicable state regulations.
b. A standard sound level meter or equivalent, in good condition, that
provides a weighted sound pressure level measured by use of a
metering characteristic with an "A' frequency weighting network and
reported as dBA shall be available on -site at all times during agri-
tourism and other commercial events or activities.
9. Transportation Management.
a. Roadways, driveway aprons, driveways, and parking surfaces shall be
surfaces that prevent dust, and may include paving, gravel, cinders, or
bark/wood chips.
b. Driveways extending from paved roads shall have a paved apron,
requiring review and approval by the County Road Department.
c. The parcel, lot, or tract has direct access as defined in DCC Chapter
18.16.042(B)(3)(c).
d. Adequate traffic control must be provided by the property owner to
address the following:
1. There shall be one traffic control person for each 250 persons
expected or reasonably expected to be in attendance at any
time.
2. All traffic control personnel shall be certified by the State of
Oregon and shall comply with the current edition of the Manual
of Uniform Traffic Control Devices.
10. Health and Safety Compliance
a. All permanent and temporary structures and facilities are subject to
fire, health and life safety requirements, and shall comply with all
requirements of the Deschutes County Building Safety Division and
the Environmental Soils Division and any other applicable federal,
state and local laws.
b. Compliance with the requirements of the Deschutes County Building
Safety Division shall include meeting all building occupancy
classification requirements of the State of Oregon adopted building
code.
11. The maximum number of people shall not exceed 500 per calendar day.
12. Agri -Tourism and other Commercial Events or Activities shall not be allowed:
a. Within the County adopted big game winter ranges during the months
of December through March.
b. Within the County adopted big game migration corridors during the
month of April and during the months of October and November.
c. Within the County adopted sensitive bird and mammal habitat areas
as defined in DCC 18.90.020, unless a site has had no nesting
attempt or the nest has failed, as determined by a professional
wildlife biologist in May of the calendar year in which the application
is approved unless a site has had no nesting attempt or the nest has
failed which could be determined in May by a professional wildlife
biologist.
HISTORY
Adopted by Ord. 2012-004 §2 on 411612012
Amended by Ord. 2025-002 §4 on 312812025
Amended by Ord. 2025=016 §2 on x/xx/xxxx
1
Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set
forth below for each kind of dwelling, and all dwellings are subject to the landowner for the
property upon which the dwelling is placed, signing and recording in the deed records for
the County, a document binding the landowner, and the landowner's successors in
interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury
from farming or forest practices for which no action or claim is allowed under ORS 30.936
or 30.937.
A. Farm -related dwellings on non -high value farmland. A dwelling customarily provided
in conjunction with farm use, as listed in DCC 18.16.025(A), may be approved if it
satisfies any of the alternative tests set forth below:
1. Acreage test.
a. On land not identified as high -value farmland, a dwelling, including a
manufactured dwelling in accordance with DCC 18.116.070, may be
considered customarily provided in conjunction with farm use if:
1. The lot or parcel on which the dwelling will be located is at
least:
A. One hundred sixty acres and not in the Horse Ridge East
subzone; or
B. Three hundred twenty acres in the Horse Ridge East
subzone;
2. The subject tract is currently employed for farm use, as defined
in DCC 18.04.030, and which is evidenced by a farm
management plan;
3. The dwelling will be occupied by a person or persons who will
be principally engaged in the farm use of the land, such as
planting, harvesting, marketing or caring for livestock, at a
commercial scale;
4. There is no other dwelling on the subject tract, except as
allowed under DCC 18.16.020(K) and except for seasonal
farmworker housing approved prior to 2001;
2. Median acreage/gross sales test.
a. On land not identified as high -value farmland, a dwelling, including a
manufactured dwelling in accordance with DCC 18.116.070, may be
considered customarily provided in conjunction with farm use if:
1. The subject tract is at least as large as the median size of those
commercial farm or ranch tracts capable of generating at least
$10,000 in annual gross sales that are located within a study
area that includes all. tracts wholly or partially within one mile
of the perimeter of the subject tract;
2. The subject tract is capable of producing at least the median
Level of annual gross sales of County indicator crops as the
same commercial farm or ranch tracts used to calculate the
tract size in DCC 18.16.050(A)(2)(a)(1);
3. The subject tract is currently employed for farm use, as defined
in DCC 18.04.030, and which is evidenced by a farm
management plan, at a level capable of producing the annual
gross sales required in DCC 18.16.050(A)(2)(a)(2). If no farm
use has been established at the time of application, land use
approval shall be subject to a condition that no building permit
may be issued prior to establishment of the farm use capable
of meeting the median income test.
4. The subject lot or parcel on which the dwelling is proposed is
at least 20 acres in size;
5. There is no other dwelling on the subject tract(1), except as
allowed under DCC 18.16.020(K) and except for seasonal
farmworker housing approved prior to 2001; and
6. The dwelling will be occupied by a person or persons who will
be principally engaged in the farm use of the land, such as
planting, harvesting, marketing or caring for livestock, at a
commercial scale.
b. For the purpose of calculating appropriate tract sizes and gross
incomes to satisfy DCC 18.16.050(A)(2)(a)(1) and (2), the County will
utilize the methodology contained in Oregon Administrative Rules
660-33-135(3) using data on gross sales per acre tabulated by LCDC
pursuant to Oregon Administrative Rules 660-33-135(4).
3. Gross annual income test.
a. On land not identified as high -value farmland, a dwelling, including a
manufactured dwelling in accordance with DCC 18.116.070, may be
considered customarily provided in conjunction with farm use if:
1. The subject tract is currently employed for a farm use, and that
the farm operator earned $40,000 in gross annual revenue in
the last two years, three of the last five years, or based on the
average farm revenue earned on the tract in the highest three
of the last five years.
2. There is no other dwelling on the subject tract, except as
allowed under 18.16.020(K) and except for seasonal
farmworker housing approved prior to 2001;
3. The dwelling will be occupied by a person or persons who
produced the commodities which grossed the income in DCC
18.16.050(A)(3)(a)(1); and
b. In determining gross revenue, the cost of purchased livestock shall be
deducted from the total gross revenue attributed to the tract.
c. Noncontiguous lots or parcels zoned for farm use in the same county
or contiguous counties may be used to meet the gross revenue
requirements.
d. Only gross revenue from land owned, not leased or rented, shall be
counted; and gross farm revenue earned from a lot or parcel which
has been used previously to qualify another lot or parcel for the
construction or siting of a primary farm dwelling may not be used.
e. Prior to a dwelling being approved under this section that requires one
or more contiguous or noncontiguous lots or parcels of a farm or
ranch operation to comply with the gross farm revenue requirements,
the applicant shalt provide evidence that the covenants, conditions
and restrictions form attached to Chapter 18.16, has been recorded
with the county clerk or counties where the property subject to the
covenants, conditions and restrictions is located.
1. The covenants, conditions and restrictions shall be recorded
for each lot or parcel subject to the application for primary
farm dwelling and shall preclude:
A. ALL future rights to construct a dwelling except for
accessory farm dwellings, relative farm assistance
dwellings, temporary hardship dwellings or
replacement dwellings allowed under ORS Chapter
215; and
B. The use of any gross farm revenue earned on the lots or
parcels to qualify another lot or parcel for a primary
farm dwelling;
C. The covenants, conditions and restrictions are
irrevocable, unless a statement of release is signed by
an authorized representative of the county or counties
where the property subject to the covenants, conditions
and restrictions is located;
D_The failure to follow the requirements of this section
shalt not affect the validity of the transfer of property or
the legal remedies available to the buyers of property
which is subject to the covenants, conditions and
restrictions required by this section.
f. The_ applicant. shall submit an IRS tax return transcript anda_n_other
information the county may require that demonstrates, -compliance
with the gross farm income requirement.
B. Farm related dwellings on high value farmland. On land identified as high -value
farmland, a dwelling, including a manufactured dwelling in accordance with DCC
18.116.070, may be considered customarily provided in conjunction with farm use
if:
1. The subject lot or parcel is currently employed for the farm use as defined in
DCC 18.04.030, and that the farm operator earned at least $80,000 in gross
annual revenue from the sale of farm products in the last two years, three of
the last five years, or based on the average farm revenue earned by the farm
operator in the best three of the last five years. In determining gross revenue,
the cost of purchased livestock shall be deducted from the total gross
revenue attributed to the tract;
2. There is no other dwelling on the subject tract, except as allowed under
18.16.020(K) and except for seasonal farmworker housing approved prior to
2001;
3. The dwelling will be occupied by a person or persons who produced the
commodities which grossed the revenue under DCC 18.16.050(B)(1);
4. Noncontiguous lots or parcels zoned for farm use in the same county or
contiguous counties may be used to meet the gross revenue requirements.
5. When a farm or ranch operation has lots or parcels in both "western" and
"eastern" Oregon as defined in OAR 660-033-0020, lots or parcels in eastern
or western Oregon may not be used to qualify a dwelling in the other part of
the state.
6. Only gross revenue from lots or parcels owned, not leased or rented, shall be
counted; and gross farm revenue earned from a lot or parcel which has been
used previously to qualify another lot or parcel for the construction or siting
of a primary farm dwelling may not be used.
7. Prior to a dwelling being approved under this section that requires one or
more contiguous or noncontiguous lots or parcels of a farm or ranch
operation to comply with the gross farm revenue requirements, the applicant
shall provide evidence that the covenants, conditions and restrictions form
attached to Chapter 18.16 has been recorded with the county clerk. The
covenants, conditions and restrictions shall be recorded for each lot or
parcel subject to the application for primary farm dwelling and shall
preclude:
a. All future rights to construct a dwelling except for accessory farm
dwellings, relative farm assistance dwellings, temporary hardship
dwellings or replacement dwellings allowed by ORS Chapter 215; and
b,The use of any gross farm revenue earned on the lots or parcels to
qualify another lot or parcel for a primary farm dwelling.
8. The applicant shall submit an IRS tax return transcript and any other
information.the county_may requirethat demonstrates compliance with the
gross farm. income_ requirement..
C. Accessory dwelling. A dwelling, including a manufactured dwelling in accordance
with DCC 18.116.070, is considered to be an accessory farm dwelling customarily
provided in conjunction with farm use when:
1. The accessory dwelling meets the following criteria:
a. The accessory farm dwelling will be occupied by a person or persons
who will be principally engaged in the farm use of the land and whose
seasonal or year-round assistance in the management of the farm
use, such as planting, harvesting, marketing or caring for livestock, is
or will be required by the farm operator; and
b. The accessory farm dwellingwill be located:
1. On the same lot or parcel as the primary farm dwelling; or
2. On the same tract as the primary farm dwelling when the lot or
parcel on which the accessory farm dwelling will be sited is
consolidated into a single Lot or parcel with all other
contiguous lots and parcels in the tract; or
3. On a lot or parcel on which the primary farm dwelling is not
located, when the accessory farm dwelling is Limited to only a
manufactured dwelling and a deed restriction substantially in
compliance with the form set forth in Exhibit A to DCC 18.16 is
filed with the County Clerk. The deed restriction shall require
the manufactured dwelling to be removed when the lot or
parcel is conveyed to another party. The manufactured
dwelling may remain if it is reapproved under DCC 18.16.050;
or
4. On a lot or parcel on which the primary farm dwelling is not
located, when the accessory farm dwelling is located on a lot
or parcel at least the size of the applicable minimum lot size
under DCC 18.16.065 and the lot or parcel complies with the
gross farm income requirements in DCC 18.16.050(A)(3) or
(13)(1), whichever is applicable; and
c. There is no other dwelling on land zoned EFU owned by the farm
operator that is vacant or currently occupied by persons not working
on the subject farm or ranch and that could reasonably be used as an
accessory farm dwelling; and
2. The primary farm dwelling to which the proposed dwelling would be
accessory meets one of the following:
a. On land not identified as high -value farmland, the primary farm
dwelling is located on a farm or ranch operation that is currently
employed in farm use and produced $40,000 in gross annual sales in
the last two years, three of the last five years, or based on the average
farm revenue earned on the tract in the highest three of the last five
years. In determining gross revenue, the cost of purchased livestock
shall be deducted from the total gross revenue attributed to the tract;
or
b. On land identified as high -value farmland, the primary farm dwelling
is located on a farm or ranch operation that is currently employed for
farm use, and produced at least $80,000 in gross annual revenue from
the sale of farm products in the last two years, three of the last five
years, or based on the average farm revenue earned on the tract in the
highest three of the last five years. Gross revenue shall be calculated
by deducting the cost of purchased livestock from the total gross
revenue attributed to the tract; and
3. A lot or parcel approved for an accessory farm dwelling under DCC 18.16.050
shall not be approved for a division of land except as provided for in DCC
18.16.055(B).
44An accessory farm dwelling approved pursuant to this section cannot later
be used to satisfy the requirements for a nonfarm dwelling pursuant to DCC
18.16.050(G).
4:.5_The applicant shall submit an IRS tax return transcript and any other
information the county may require that demonstrates compliance with the
gross farm income requirement inDCC _18.16.050(Q) 2)�aO or whichever
is applicable.
D. Relative farm help dwelling.
1. A dwelling listed in DCC 18.16.025(B) is allowed when:
a. The subject tract is a commercial farming operation.
b. The dwelling is a manufactured dwelling and is sited in accordance
with DCC 18.116.070, or is a site -built dwelling;
c. The dwelling is located on the same lot or parcel as the dwelling of the
farm operator, and is occupied by a relative of the farm operator or
farm operator's spouse, including a grandparent, step -grandparent,
grandchild, parent, step-parent, child, sibling, step -sibling, niece,
nephew, or first cousin of either, if the farm operator does, or will,
require the assistance of the relative in the management of the farm
use.
1. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or
parcel size requirements under ORS 215.780, if the owner of a
dwelling described in this subsection obtains construction
financing or other financing secured by the dwelling and the
secured party forecloses on the dwelling, the secured party
may also foreclose on the homesite, as defined in ORS
308A.250, and the foreclosure shall operate as a partition of
the homesite to create a new lot or parcel.
2. Prior conditions of approval for the subject land and dwelling
remain in effect.
For purposes of this subsection, "Foreclosure" means only
those foreclosures that are exempt from partition under ORS
92.010(9)(a).
d. The farm operator plays the predominant role in the management and
farm use of the farm and will continue to do so after the relative farm
help dwelling is approved.
e. Any approval granted under DCC 18.16.050 shall be conditioned with
a requirement that the farm operator annually submit a report to the
Planning Division identifying the resident(s) of the dwelling, their
relationship to the farm operator, the assistance the resident provides
to the farm operator, and verifying the farm operator's continued
residence on the property and the predominant role the farm operator
continues to play in the management and farm use of the farm.
2. A manufactured dwelling permitted under DCC 18.16.050 shall be
considered to be a temporary installation, and permits for such home shall
be renewable and renewed on an annual basis. The manufactured dwelling
shall be removed from the property if it no longer meets the criteria of DCC
18.16.050 and the approval shall be so conditioned.
3. A dwelling approved under DCC 18.16.050 shall be removed or converted to
an allowable use within one year of the date the relative farm help dwelling
no longer meets the criteria of DCC 18.16.050 and the approval shall be so
conditioned.
4. Upon approval of a dwelling under DCC 18.16.050, a Conditions of Approval
Agreement shall be recorded with the Deschutes County Clerk prior to
issuance of any building or placement permit for the new dwelling on the
property.
5. For the purposes of DCC 18.16.050(D), a farm operator is a person who
operates a farm, doing the work and making the day-to-day decisions about
such things as planting, harvesting, feeding and marketing.
E. Lot of record dwelling on non -high value farmland.
1. A lot of record dwelling maybe approved on a pre-existing Lot or parcel on
non -high value farmland when all of the following requirements are met:
a. The lot or parcel on which the dwelling will be sited was lawfully
created and was acquired and owned continuously by the present
owner:
1. Prior to January 1, 1985; or
2. By devise or by intestate succession from a person who
acquired and owned continuously the lot or parcel prior to
January 1, 1985.
b. The tract on which the dwelling will be sited does not include a
dwelling.
c. For lots or parcels Located within a wildlife area (WA) combining zone,
siting of the proposed dwelling would be consistent with the
Limitations on density as applied under the applicable density
restrictions of DCC 18.88.
d. If the lot or parcel on which the dwelling will be sited is part of a tract,
the remaining portions of the tract shall be consolidated into a single
Lot or parcel when the dwelling is allowed.
e. The County Assessor shall be notified of any approval of a dwelling
under DCC 18.16.050.
f. If the lot or parcel on which the dwelling will be sited was part of a
tract on November 4, 1993, no dwelling exists on another lot or parcel
that was part of the tract;
2. For purposes of DCC 18.16.050(E), "owner" includes the wife, husband, son,
daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-
law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece,
nephew, step-parent, step -child, grandparent, or grandchild of the owner or
a business entity owned by any one or a combination of these family
members.
3. For purposes of DCC 18.16.050(E), the date of creation and existence means
that, when a lot, parcel, or tract is reconfigured pursuant to applicable law
after November 4, 1993, the effect of which is to qualify a lot, parcel, or tract
for the siting of a lot of record dwelling, the date of the reconfiguration is the
date of creation and existence. Reconfigured means any change in the
boundary of the lot, parcel, or tract.
F. Lot of record dwelling on high -value farmland.
1. A lot of record dwelling on a pre-existing lot or parcel will be approved on high
value farmland when all of the following requirements are met:
a. The requirements set forth in DCC 18.16.050(E)(1)(a) through (f), as
determined by the County; and
b. The requirements of Oregon Administrative Rules 660-33-130(3)(c)(C),
as determined by the County hearings officer.
2. Applicants under DCC 18.16.050(F) shall make their application to the
County. The County shall notify the State Department of Agriculture at least
20 calendar days prior to the public hearing under DCC 18.16.050(F)(1)(b).
3. Applicants under DCC 18.16.050(F) shall be subject to such other
procedural requirements as are imposed by the Oregon Department of
Agriculture.
4. For purposes of DCC 18.16.050(F), the date of creation and existence means
that, when a lot, parcel, or tract is reconfigured pursuant to applicable law
after November 4, 1993, the effect of which is to qualify a lot, parcel, or tract
for the siting of a lot of record dwelling, the date of the reconfiguration is the
date of creation and existence. Reconfigured means any change in the
boundary of the lot, parcel, or tract.
G. Nonfarm dwelling.
1. One single -unit dwelling, including a manufactured dwelling in accordance
with DCC 18.116.070, not provided in conjunction with farm use, may be
permitted on an existing lot or parcel subject to the following criteria:
a. The Planning Director or Hearings Body shall make findings that:
1. The dwelling or activities associated with the dwelling will not
force a significant change in or significantly increase the cost
of accepted farming practices, as defined in ORS
215.203(2)(c), or accepted forest practices on nearby lands
devoted to farm or forest use.
2. The proposed nonfarm dwelling will not materially alter the
stability of the overall land use pattern of the area. In
determining whether a proposed nonfarm dwelling will alter
the stability of the land use pattern in the area, the County
shall consider the cumulative impact of nonfarm dwellings on
other lots or parcels in the area similarly situated, by applying
the standards under OAR 660-033-0130(4)(a)(D), and whether
creation of the lot or parcel will lead to creation of other
nonfarm tots or parcels, to the detriment of agriculture in the
area.
3. The proposed nonfarm dwelling is situated on an existing lot or
parcel, or a portion of a lot or parcel that is generally
unsuitable for the production of farm crops and livestock or
merchantable tree species, considering the terrain, adverse
soil or land conditions, drainage and flooding, vegetation,
Location, and size of the tract.
4. The proposed nonfarm dwelling is not within one -quarter mile
of a dairy farm, feed lot, or sales yard, unless adequate
provisions are made and approved by the Planning Director or
Hearings Body for a buffer between such uses. The
establishment of a buffer shalt be designed based upon
consideration of such factors as prevailing winds, drainage,
expansion potential of affected agricultural uses, open space
and any other factor that may affect the livability of the
nonfarm -dwelling or the agriculture of the area.
5. Road access, fire and police services, and utility systems (i.e.,
electrical and telephone) are adequate for the use.
6. The nonfarm dwelling shall be located on a lot or parcel
created prior to January 1, 1993, or was created or is being
created as a nonfarm lot or parcel under the land division
standards in DCC 18.16.055(B) or (C).
2. For the purposes of DCC 18.16.050(G) only, "unsuitability" shall be
determined with reference to the following:
a. A lot or parcel or a portion of a lot or parcel shall not be considered
unsuitable solely because of size or location if it can reasonably be
put to farm or forest use in conjunction with other land. If the lot or
parcel is under forest assessment, the dwelling shall be situated upon
generally unsuitable land for the production of merchantable tree
species recognized by the Forest Practices Rules, considering the
terrain, adverse soil or land conditions, drainage and flooding,
vegetation, location, and size of the lot or parcel.
b. A lot or parcel or portion of a lot or parcel is not "generally unsuitable"
simply because it is too small to be farmed profitably by itself. If a lot
or parcel or portion of a lot or parcel can be sold, leased, rented, or
otherwise managed as part of a commercial farm or ranch, it is not
"generally unsuitable:" A lot or parcel or portion of a lot or parcel is
presumed to be suitable if it is composed predominantly of Class I -VI
soils. Just because a lot or parcel or portion of a lot or parcel is
unsuitable for one farm use does not mean it is not suitable for
another farm use. If the lot or parcel is under forest assessment, the
area is not "generally unsuitable" simply because it is too small to be
managed for forest production profitably by itself.
c. If a lot or parcel under forest assessment can be sold, leased, rented,
or otherwise managed as a part of a forestry operation, it is not
"generally unsuitable:" If a lot or parcel is under forest assessment, it
is presumed suitable if it is composed predominantly of soil capable
of producing 20 cubic feet of wood fiber per acre per year. If a lot or
parcel is under forest assessment, to be found compatible and not
seriously interfere with forest uses on surrounding land it must not
force a significant change in forest practices or significantly increase
the cost of those practices on the surrounding land.
3. Loss of tax deferral. Pursuant to ORS 215.236, a nonfarm dwelling on a lot or
parcel in an Exclusive Farm Use zone that is or has been receiving special
assessment may be approved only on the condition that before a building
permit is issued the applicant must produce evidence from the County
Assessor's office that the lot or parcel upon which the dwelling is proposed
has been disqualified under ORS 308A.050 to 308A.128 or other special
assessment under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or
321.805 to 321.855 and that any additional tax or penalty imposed by the
County Assessor as a result of disqualification has been paid.
H. Temporary hardship dwelling.
1A temporary hardship dwelling listed in DCC 18.16.030 is allowed subject to
DCC 18.116.090, and the requirements of this chapter.under the following
-1-2. _A temporary hardship dwelling approved under this section is not
eligible for replacement under DCC 18.16.020(J).
FIN f,
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HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 91-038 §§1 and 2 on 9/30/1991
Amended by Ord. 92-065 §3 on 1112511992
Amended by Ord. 94-026 §1 on 511111994
Amended by Ord. 95-007§15 on 3/1/1995
Amended by Ord. 98-030 §1 on 5/13/1998
Amended by Ord. 98_033 §1 on 121211998
Amended by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2004-013 §2 on 912112004
Amended by Ord. 2004-020 §1 on 1011312004
Amended by Ord. 2008-001 §2 on 51612008
Amended by Ord. 2009-014. §1 on 612212009
Amended by Ord. 2012-007 §2 on 51212012
Amended by Ord. 2014-010 §1 on 412812014
Amended by Ord. 2018_-006 §5 on 1112012018
Amended by Ord. 2021-013 §4 on 41512022
Amended by Ord. 2025-002 §4 on 3/28/2025
Amended by Ord. 2025-016. §2 on x/xx/xxxx
Exhibit C to Ordinance 2025-016
CHAPTER 18.36 FOREST USE ZONE; F-1
18.36.010 Purpose
18.36.020 Uses Permitted Outright
18.36.030 Conditional.Uses Permitted
18.36.040 Limitations On Conditional Uses
18.36.050 Standards For Single-Unit_Dweltin s
18.36.060 Sitin Of Dwellin s_And Structures
18.36.070 OF Siting Standards__For Dwellin s_And Structures.
18.36.080 Fire Safety Design Standards For Roads
18.36.085 Stocking Requirement
18.36.090_Dimensional Standards_
18.36.100 Setbacks
18.36.110 Ordinary High Water Mark Setbacks
18.36.120 State Law Controls
18.36.130 Rimrock_Setbacks
18_36.1.40 RestrictiveCovenants
The following uses and their accessory uses are permitted outright, subject to applicable
siting criteria set forth in DCC 18.36 and any other applicable provisions of DCC Title 18.
A. Forest operations or forest practices including, but not limited to, reforestation of
forest land, road construction and maintenance, harvesting of a forest tree species,
application of chemicals and disposal of slash, subject to the Forest Practices Act
(ORS Chapter 527) and Goal 4.
B. Temporary on -site structures, that are auxiliary to and used during the term of a
particular forest operation, subject to the Forest Practices Act (ORS Chapter 527)
and Goal 4. As used here, temporary structures are those which are portable and/or
not placed on a permanent foundation, and which are removed at the conclusion of
the forest operation requiring its use. For the purposes of this section, including
DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or
Land, that provides help or is directly associated with the conduct of a particular
forest practice. An auxiliary structure is located on site, temporary in nature, and is
not designed to remain for the forest's entire growth cycle from planting to
harvesting. An auxiliary use is removed when a particular forest practice has
concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited
to, those made for purposes of exploration, mining, commercial gravel extraction
and processing, land disposal sites, dams, reservoirs, road construction or
recreational facilities, subject to the Forest Practices Act (ORS Chapter 527) and
Goal 4). Gravel extraction and processing not covered by DCC 18.36.020 is governed
by DCC 18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries
resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory
equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal
boxes, pedestals), or equipment that provides service hookups, including water
service hookups.
G. Temporary portable facility for the primary processing of forest products. The facility
shall not be placed on a permanent foundation and shalt be removed at the
conclusion of the forest operation requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the
transportation element of the comprehensive plan including public road and
highway projects as described in ORS 215.283(1).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
M. A lawfully established dwelling may be altered, restored or replaced,_as allowed by
and_subjectto the_requirements of ORS 215.291 and OAR 660-006-0025_. seta
N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer
than 3,000 persons that is not anticipated to continue for more than 120 hours in
any three-month period is not a "land use decision" as defined in ORS 197.015(10)
or subject to review under OAR 660-006.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 91-002 §8 on 2/6/1991
Amended by Ord. 92-025 §2 on 4/15/1991
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 94-038 §1 on 101511994
Amended by Ord. 2003-007§1 on 3/26/2003
Amended by Ord. 2012-007 §3 on 51212012
Amended by Ord. 2023-001 §5 on 513012023
Amended by Ord. 2024-008 §5 on 11712025
Amended by Ord 2025-01613 on x/xx/xxxx
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HISTORY
Adopted bvOrd. 2024-008 §5 on 11712025
Amended by Ord. 2025-0.02 §7 on 312812025
Reaealed_by rrd..2025-916 §3 on x/xx/xx-xx
The following uses and their accessory uses may be allowed in the Forest Use Zone,
subject to applicable provisions of the Comprehensive Plan, DCC 18.36.040 and other
applicable sections of DCC Title 18.
A. Private hunting and fishing operations without any lodging accommodations.
B. Caretaker residences for public parks and fish hatcheries.
C. Temporary forest labor camps limited to the duration of the forest operation
requiring its use.
D. Exploration for and production of geo-thermal, gas, oil and other associated
hydrocarbons, including the placement and operation of compressors, separators
and other customary production equipment for an individual well adjacent to the
well head.
E. Log scaling and weigh stations.
F. A disposal site which includes a land disposal site which the Department of
Environmental Quality has granted a permit under ORS 459.245, together with
equipment, facilities or buildings necessary for its operation.
G. Private parks and campgrounds as allowed by and sub ect to there of
ORS 215.459 and OAR 660-006-0025.
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�r-I-=:I;jICW iitrA:l�l:1a:1----C f: - -tl- fills.r�I �morJIC IR:I�I�l:ll i.Huairwiain:zi
: i'MG. :"w: aWaMV=ii�:r.�ii�ini�
i ■�►ti`l�tl�7lGltll il�lilil�tl�li lilill\il�J►illtilitilti/i�.11`1'Uli/i t•llil�l l�`1`I■\loll\
H. Mining and processing of oil, gas or other subsurface resources, as defined in ORS
520.005, and not otherwise permitted under DCC 18.36.030(D).
I. Television, microwave and radio communication facilities and transmission towers.
J. Fire stations for rural fire protection.
K. Commercial utility facilities for the purpose of generating power. A power generation
facility shall not preclude more than 10 acres from use as a commercial forest
operation unless an exception is taken pursuant to Oregon Administrative Rules
660, Division 4
L. Aids to navigation and aviation.
M. Water intake facilities, related treatment facilities, pumping stations and
distribution lines.
N. Reservoirs and water impoundments.
O. Cemeteries.
P. New electric transmission lines with right-of-way widths of up to 100 feet as
specified in ORS 772.210. New distribution lines (e.g. electrical, gas, oil,
geothermal, telephone, fiber optic cable) with rights of way 50 feet or less in width.
Q. Temporary asphalt and concrete batch plants as accessory uses to specific highway
projects.
R. Home Occupations as allowed Viand subject to the requirements of ORS 215.448
and- DCC 18.116.280.
S. Expansion of existing airports.
T. Public road and highway projects as described as ORS 215.283(2) and 215.283(3).
U. Private accommodations for fishing occupied on a temporary basis subject to other
applicable sections of DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is
defined in the Oregon Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during
fishing seasons authorized by the Oregon Fish and Wildlife Commission;
and
4. Accommodations must be located within one -quarter mile offish bearing
Class I waters.
V. Forest management research and experimentation facilities as described by ORS
526.215 or where accessory to forest operations.
W. 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.
X. Temporarybard
conjunetion with an existing dweLling as a ternporary use for the term of a hardship
suffered by the existing resident or a relative as defined e.For the
—A temporary hardshig dwelling is conditionally allowed_ subject to DCC
_i 8.116.090. 18.36.040. and _18.36.060.As tisad;n this _ _
me ns a meducal hardship or hardship for the eare of an aged or infirrm
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.moo ■aa•iIL�:iir. n. I:I raatkeg u r� ■�•� c-��.�•� � ■�.;■ r � u � ���.� c:� � �•�i�.•r�•�.n��wiir.n7
- • : - • ` : :.. - =H
rr1. Atemporary residence approved under this subsection is not eligible
for replacement under OAR 660-006-025.
Y. Single -unit dwellings or manufactured dwellings as specified in DCC 18.116.070, as
pursuant to DCC 18.36.050.
Z. Public parks including only those uses specified under OAR 660-034-0035 or 660-
034-0040, whichever is applicable.
AA. Private seasonal accommodations for fee hunting operations may be allowed
subject to DCC 18.36.050 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is
defined in the Oregon Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted; and
3. Accommodations are occupied temporarily for the purpose of hunting
during game bird and big game hunting seasons authorized by the Oregon
Fish and Wildlife Commission.
AB. An Extended Outdoor Mass gathering subject to review by a county planning
commission pursuant to DCC Chapter 8.16.
AC. Permanent facility for the primary processing of forest products.
AD. Firearms training facility.
AE..Transportation improvements on rural lauds allowed by and subject to the
rem uirements of OAR 660-01.2-0065..
HISTORY
Adopted by Ord. PL45 on 111111979
Amended by Ord. 86-018 §8 on 6/30/1986
Amended by Ord. 90-014 §28 on 711211990
Amended by Ord. 92-_025 §2 on 411511991
Amended by Ord. 91-038 §2 on 9/30/1991
Amended by Ord. 92-068 §1 on 121711992
Amended by Ord. 94-038 §1 on 101511994
Amended by Ord. 2001-001 §1 on 112212001
Amended by Ord. 2004-002 §5 on 412812004
Amended by Ord. 2007-020 §3 on 21612008
Amended by Ord. 2012-007 §3 on 51212012
Amended by Ord. 2018-006 §6 on 1112012018
Amended by Ord. 2020-007§10 on 1012712020
Amended by Ord. 2025-002 §7 on 312812025
Amended by Ord 2025-016 §3 on x/xx/xxxx
A. General provisions.
1. Dwellings listed as a conditional use under DCC 18.36.050 shall meet the
following standards:
a. One of the alternative tests set out in DCC 18.36.050(B) (lot of record
dwelling), (C) (large tract dwelling), or (D) (template dwelling);
b. If the lot or parcel is part of a "tract;' the remaining undeveloped lots
or parcels of the tract shall be consolidated into a single lot or parcel,
or the applicant shall sign and record with the County Clerk
covenants, conditions and restrictions (on a form substantially similar
to that set forth in DCC 18.36.140) prohibiting the siting of a dwelling
on the undeveloped portions of the tract. Such covenants, conditions
and restrictions are irrevocable, unless a statement of release is
signed by the County Planning Director, or his authorized
representative.
c. No other dwellings shall be located on the tract.
d. The applicant shall provide evidence that any domestic water supply
is from a source authorized in accordance with the Department of
Water Resources Oregon Administrative Rules for the appropriation of
ground water (Oregon Administrative Rules 690, Division 10) or
surface water (Oregon Administrative Rules 690, Division 20) and not
from a Class II stream as defined in the Forest Practices Rule (Oregon
Administrative Rules chapter 629).
1. For purposes of DCC 18.36.050, evidence of a domestic water
supply means:
A. Verification from a water purveyor that the use
described in the application will be served by the
purveyor under the purveyor's rights to appropriate
water; or
B. A water use permit issued by the Water Resources
Department for the use described in the application; or
C. Verification from the Water Resources Department that
a water use permit is not required for the use described
in the application. If the proposed water supply is from
a well and is exempt from permitting requirements
under ORS 537.545, the applicant shall submit the well
construction report to the County upon completion of
the well.
e. If road access to a dwelling is by a road owned and maintained by a
private party or by the Oregon Department of Forestry, the U.S. Bureau
of Land Management or the U.S. Forest Service, then the applicant
shall provide proof of a long-term road access use permit or
agreement. The road use permit may require the applicant to agree to
accept responsibility for road maintenance.
2. In addition, dwellings listed as a conditional use under DCC 18.36.030(Y)
shall be subject to the following standards or conditions:
a. The conditional use standards set forth in DCC 18.36.040;
b. The siting criteria set forth in DCC 18.36.060;
c. The fire siting standards set forth in DCC 18.36.070;
d. The fire safety design standards for roads set forth in DCC 18.36.080;
e. The stocking requirements set forth in DCC 18.36.085, if applicable;
and
f. Any other provisions made applicable by DCC Title 18 or the
comprehensive plan.
3. Dwellings in forest zones shall not be subject to conditional use standards.
4. Approval of a dwelling in the forest zone under DCC Chapter 18.36 shall
include a condition of approval requiring that, prior to the issuance of a
building permit, the landowner sign and record in the deed records for the
County a document binding the landowner, and the landowner's successors
in interest, prohibiting them from pursuing a claim for relief or cause of
action alleging injury from farming or forestry practices for which no action or
claim is allowed under ORS 30.936 or 30.937.
B. Lot of Record Dwelling. For approval under DCC 18.36.050(B), a single -unit dwelling
shall meet the following requirements:
1. The lot or parcel on which the dwelling would be sited was lawfully created
prior to January 1, 1985, and was acquired and owned continuously by the
present owner either prior to January 1, 1985, or by devise or by intestate
succession from a person who acquired the lot or parcel prior to January 1,
1985.
2. For the purposes of DCC 18.36.050(B), "owner" includes the wife, husband,
son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law,
son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece,
nephew, step-parent, step -child, grandparent, or grandchild of the owner or
a business entity owned by any one or combination of these family members.
3. The dwelling must be located on a tract that is composed of soils not
capable of producing 4,000 cubic feet per year of commercial tree species
and is located within 1,500 feet of a public road as defined under ORS
368.001 that provides or will provide access to the subject tract.
a. The road shall be maintained and either paved or surfaced with rock
and shall not be a:
1. United States Bureau of Land Management (BLM) road, or
2. a United States Forest Service road unless the road is paved to
a minimum width of 18 feet, there is at least one defined lane
in each direction, and a maintenance agreement exists
between the United States Forest Service and landowners
adjacent to the road, a local government or a state agency.
4. For the purposes of DCC 18.36.050, "commercial tree species" means trees
recognized for commercial production under rules adopted by the Oregon
Department of Forestry pursuant to ORS 527.715.
5. The lot or parcel on which the dwelling will be sited was part of a tract on
November 4, 1993, no dwellings exists on another lot or parcel that was part
of the tract.
6. When the lot or parcel on which the dwellingwill be sited is part of a tract,
the remaining portions of the tract shall be consolidated into a single lot or
parcel when the dwelling is allowed.
7. For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting
of the proposed dwelling would be consistent with the limitations on density
as applied under the applicable density restrictions of DCC 18.88.
C. Large Tract Dwelling. A dwelling not allowed pursuant to DCC 18.36.050(B) may be
allowed if the subject property consists of at least 240 contiguous acres or 320
acres in one ownership that are not contiguous but are in the same county or
adjacent counties and zoned for forest use and does not include an existing
dwelling.
1. A deed restriction shall be filed pursuant to DCC 18.36.140 for all tracts that
are used to meet the acreage requirements of this subsection.
2. A tract shall not be considered to consist of less than 240 acres because it is
crossed by a public road or a waterway.
D. Template Dwelling. For approval under DCC 18.36.050(D), a single -unit dwelling
shalt meet the following requirements:
1. The lot or parcel on which the dwelling will be sited:
a. Was Lawfully established;
b. Any property line adjustment to the lot or parcel complied with the
applicable property line adjustment provisions in ORS 92.192;
c. Any property line adjustment to the lot or parcel after January 1, 2019,
did not have the effect of qualifying the lot or parcel for a dwelling
under this section; and
d. If the tot or parcel on which the dwelling wilt be sited was part of a
tract on January 1, 2019, no dwelling existed on the tract on that date,
and no dwelling exists or has been approved on another lot or parcel
that was part of the tract:
full
2. The lot or parcel on which the dwelling will be sited is predominantly
composed of soils that are:
a. Capable of producing zero to 20 cubic feet per acre per year of wood
fiber if:
1. All or part of at least three other lots or parcels that existed on
January 1, 1993, are within a 160 acre square centered on the
center of the subject tract; and
2. At least three dwellings existed on January 1, 1993, and
continue to exist on the other lots or parcels.
b. Capable of producing 21 to 50 cubic feet per acre per year of wood
fiber if:
1. All or part of at least seven other lots or parcels that existed on
January 1, 1993, are within a 160 acre square centered on the
center of the subject tract; and
2. At least three dwellings existed on January 1, 1993, and
continue to exist on the other lots or parcels.
c. Capable of producing more than 50 cubic feet per acre per year of
wood fiber if:
1. All or part of at least 11 other lots or parcels that existed on
January 1, 1993, are within a 160 acre square centered on the
center of the subject tract; and
2. At least three dwellings existed on January 1, 1993, and
continue to exist on the other lots or parcels.
3. Requirements of Applying Template
a. Lots or parcels within urban growth boundaries shall not be used to
satisfy the template requirements under this subsection.
b. As used in this section, "center of the subject tract" means the
mathematical centroid of the tract.
c. If a tract 60 acres or larger described in DCC 18.36.050(D) abuts a
road or perennial stream, the measurement shall be made by using a
160-acre rectangle that is one mile long and one fourth mile wide
centered on the center of the subject tract and that is to the maximum
extent possible aligned with the road or stream.
d. If a road crosses the tract on which the dwelling will be located, at
Least one of the three required dwellings shall be on the same side of
the road as the proposed dwelling. However, one of the three required
dwellings shall be on the same side of the road or stream as the tract
and:
1. Be located within a 160-acre rectangle that is one mile long
and one-fourth mile wide centered on the center of the subject
tract and that is to the maximum extent possible aligned with
the road or stream;
2. Be within one -quarter mile from the edge of the subject tract
but not outside the length of the 160-acre rectangle, and on the
same side of the road or stream as the tract.
e. If a tract reviewed under DCC 18.36.050(D) abuts a road that existed
on January 1, 1993, the measurement may be made by creating a 160-
acre rectangle that is one mile long and one-fourth mile wide centered
on the center of the subject tract and that is to the maximum extent
possible, aligned with the road.
HISTORY
Adopted by Ord. PL.-1.5 on 11/1/1979
Amended by Ord. 92-025 §2 on 411511991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 94-038 §1 on 101511994
Amended by Ord. 2003-007 §1 on 312612003
Amended by Ord. 2012-007 §3 on 51212012
Amended by Ord. 202.1-013 §6 on 41512022
Amended by Ord. 2025-002 §7 on 312812025
Amended, .bvOrd._2025-.016 §3 on x/xx/xxxx
Exhibit D to Ordinance 2025-016
18.40.010 Purpose
1.8.40.020 Uses Permitted Outright
18.040.025 Lawfully
18.40.030 Conditional Uses Permitted
18.40.040 Limitations On Conditional Uses,
18.40.050 Standards For Single -Unit Dwellings
18.40.060 Siting Of Dwellings And Structures
18.._4._0.070 Fire Sitinq Standards For Dwellings And Structures
18.40.080 Fire Safety Design Standards For Roads
18.40.085Stocking_Requirement
18.40..090 Dimensional Standards
18.40.100 Setbacks
18.40.110 Ordinary High Water Mark Setbacks.
18.40.120 State Law Controls
18.40.130 Rimrock Setback
The following uses and their accessory uses are permitted outright, subject to applicable
siting criteria set forth in DCC 18.40 and any other applicable provisions of DCC Title 18:
A. Forest operations or forest practices including, but not limited to, reforestation of
forest land, road construction and maintenance, harvesting of a forest tree species,
application of chemicals and disposal of slash, subject to the Forest Practices Act
(ORS Chapter 527) and Goal4.
B. Temporary on -site structures that are auxiliary to and used during the term of a
particular forest operation, subject to the Forest Practices Act (ORS Chapter 527)
and Goal4. As used here, temporary structures are those which are portable and/or
not placed on a permanent foundation, and which are removed at the conclusion of
the forest operation requiring its use. For the purposes of this section, including
DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land
that provides help or is directly associated with the conduct of a particular forest
practice. An auxiliary structure is located on site, temporary in nature, and is not
designed to remain for the forest's entire growth cycle from planting to harvesting.
An auxiliary use is removed when a particular forest practice has concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited
to, those made for purposes of exploration, mining, commercial gravel extraction
and processing, land disposal sites, dams, reservoirs, road construction or
recreational facilities, subject to the Forest Practices Act (ORS Chapter 527 and
Goal 4). Gravel extraction and processing not covered by DCC 18.40.020 is governed
by DCC 18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries
resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory
equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal
boxes, pedestals), or equipment that provides service hookups, including water
service hookups.
G. Temporary portable facility for the primary processing of forest products. The facility
shall not be placed on a permanent foundation and shall be removed at the
conclusion of the forest operation requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the
transportation element of the comprehensive plan including public road and
highway projects as described in ORS 215.283(1).
K. Water intake facilities, canals and distribution tines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
M. A lawfully established dwelling may be altered, restored or replaced, as allowed by
and subject to the requirements of ORS 215.291 and OAR 660-006-0025. OC-E
N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer
than 3,000 persons that is not anticipated to continue for more than 120 hours in
any three-month period is not a "land use decision" as defined in ORS 197.015(10)
or subject to review under OAR 660-006.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 91-002 §9 on 2/6/1991
Amended by Ord. 91-005 §21 on 31411991
Amended by Ord. 92-025 §3 on 411511991
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 94-038 §2 on 10/5/1994
Amended by Ord. 2003-007§2 on 3/26/2003
Amended by Ord. 2012-007 §4 on 51212012
Amended by Ord. 2023-001_ §6 on 513012023
Amended by Ord. 2024-008 §6 on 11712025
Amended by Ord. 2025-016 §4 on x/xx/xxxx
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HISTORY
Adopted by Ord. 2024-008 §6 on 11712025
Amended by Ord. 2025-002 §8 on 312812025
Repealed by Ord. 2025-016 §4 on x/xx/xxxx
The following uses and their accessory uses may be allowed in the Forest Use Zone,
subject to applicable provisions of the Comprehensive Plan, DCC 18.40.040 and other
applicable sections of DCC Title 18:
A. Private hunting and fishing operations without any lodging accommodations.
B. Caretaker residences for public parks and fish hatcheries.
C. Temporary forest labor camps limited to the duration of the forest operation
requiring it use.
D. Destination Resorts where mapped in a DR zone and subject only to the provisions
of DCC 18.113 and other applicable provisions of DCC Title 18 and the
Comprehensive Plan not contained in DCC 18.40.
E. Exploration for and production of geothermal, gas, oil and other associated
hydrocarbons, including the placement and operation of compressors, separators
and other customary production equipment for an individual well adjacent to the
well head.
F. Log scaling and weigh stations.
G. A disposal site which includes a land disposal site which the Department of
Environmental Quality has granted a permit under ORS 459.245, together with
equipment, facilities or buildings necessary for its operation.
H. Private parks and campgrounds as allowed by and subject to the requirements of
ORS 215.459 and OAR 660-006-0025.
;- ;_ :.-IN I;- - - .: - -- ; : ; :IIIIIIA'AAwIf:, a ..:::.
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�i:�ii►:i\sur:u�:ii►:Quin\:.�:�r:�iirraiii:�ii�:J�\.L:fd��i1.71\�A7�•1•l�Il:l�l�dli�A�
7.. C..l\\mil A.■C.. V��:l:ll.l.►�=l �•L.1■
iiter a[ cooking appiianee.
I. Mining and processing of oil, gas or other subsurface resources, as defined in ORS
520.005, and not otherwise permitted under DCC 18.40.030(E).
J. Television, microwave, and radio communication facilities and transmission towers.
K. Fire stations for rural fire protection.
L. Commercial utility facilities for the purpose of generating power. A power generation
facility shall not preclude more than 10 acres from use as a commercial forest
operation unless an exception it taken pursuant to Oregon Administrative Rules 660,
Division 4.
M. Aids to navigation and aviation.
N. Water intake facilities, related treatment facilities, pumping stations, and
distribution lines.
O. Reservoirs and water impoundments.
P. Cemeteries.
Q. New electric transmission lines with right-of-way widths of up to 100 feet as
specified in ORS 772:210. New distribution lines (e.g. gas, oil, geothermal,
telephone, fiber optic cable) with rights of way 50 feet or less in width.
R. Temporary asphalt and concrete batch plants as accessory uses to specific highway
projects.
S. Home Occupations, as allowed by and; subject to the requirements of ORS 215.448
and DCC 18.116.280.
T. Expansion of existing airports.
U. Public road and highway projects as described as ORS 215.283(2) and 215.283(3).
V. Private accommodations for fishing occupied on a temporary basis subject to other
applicable sections of DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is
defined in the Oregon Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during
fishing seasons authorized by the Oregon Fish and Wildlife Commission; and
4. Accommodations must be located within one -quarter mile of fish -bearing
Class I waters.
W. Forest management research and experimentation facilities as described by ORS
526.215 or where accessory to forest operations.
X. Single -unit dwellings or manufactured dwellings as specified in DCC 18.116.070,
pursuant to DCC 18.40.050.
Y. 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.
Z. Temp—orary-h-a udshii Awe
eonjtinetion - 81-1 -Xist9ng dweRing as a ternporary use for
stiff ered by the existing resident or a relative as defined in E. _
purposes of this sect: on, "existing" means the btflidingwas in existenee on or before
Tian
iiirn.JMJLA=M
1. A temporar_harrdshipdwelling ist itionall allowed su 'eat to DCC.
18.116.090,_1.8.40_040._and _18.40.060. "
mea s a rnedical hardship or hardship for the care of an aged or infirm
LM�a Lwmq ri ::l:r Rmpl L�l!go fiat'L:l.i► ma*iy►:A:;a:f■ l\�➢ i iii.G
��.iitiiir.:�ii.�r►as���a��i�•i�: 'ImWiN .:IiIKIWRw 1 1'11:i�1�L�11 1��/t�l�l:lii
5-.2. A temporary residence approved under this subsection is not eligible
for replacement under OAR 660-006-025.
AA. Public parks including only those uses specified under OAR 660-034-0035 or 660-
034-0040, whichever is applicable.
AB. Private seasonal accommodations for fee hunting operations may be allowed
subject to DCC 18.36.050 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is
defined in the Oregon Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted; and
3. Accommodations are occupied temporarily for the purpose of hunting during
game bird and big game hunting seasons authorized by the Oregon Fish and
Wildlife Commission.
AC. An Extended Outdoor Mass Gathering subject to review by a county planning
commission pursuant to DCC Chapter 8.16.
AD. Permanent storage and repair of logging equipment.
AE. Permanent facility for the primary processing of forest products.
AF. Firearms training facility.
AG. Transportation improvements on rural lands allowed and subject to the
requirements of OAR 660-012-0065.
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 86-01$ §8 on 6/30/1986
Amended by Ord. 9..070114. §28 on 7/12/1990
Amended by Ord. 92-025 §2 on 411511991
Amended by Ord. 9 1- 038 §1 on 913011991
Amended by Ord. 92-068 §1 on 121711992
Amended by Ord. 94-038 §1 on 101511994
Amended by Ord. 2000-033 §1 on 121612000
Amended by Ord. 2004-020 §6 on 1011312004
Amended by Ord. 2007-020 §4 on 2/6/2008
Amended by Ord. 2012-007§4 on 51212012
Amended by Ord. 2018-0_,06 §7 on 1112012018
Amended by Ord. 2020-007 §11 on 1012712020
Amended by Ord. 2025-002 §8 on 312812025
Amended b3tOrd 2025-016 §4 on.x/xx/xxxx
A. General Provisions.
1. Dwellings listed as a conditional use under DCC 18.40.030(X) shall meet the
following standards:
a. One of the alternative tests set out in DCC 18.40.050(B) (lot of record
dwelling), DCC 18.40.050(C) (large tract dwelling), or DCC
18.40.050(D) (template dwelling);
b. If the lot or parcel is part of a "tract;' the remaining undeveloped lots
or parcels of the tract shall be consolidated into a single lot or parcel,
or the applicant shall sign and record with the County Clerk
covenants, conditions and restrictions (on a form substantially similar
to that set forth in DCC 18.36.140) prohibiting the siting of a dwelling
on the undeveloped portions of the tract. Such covenants, conditions
and restrictions are irrevocable, unless a statement of release is
signed by the County Planning Director, or his authorized
representative.
c. No other dwellings shall be located on the tract.
d. The applicant shall provide evidence that any domestic water supply
is from a source authorized in accordance with the Department of
Water Resources Oregon Administrative Rules for the appropriation of
ground water (Oregon Administrative Rules 690, Division 10) or
surface water (Oregon Administrative Rules 690, Division 20) and not
from a Class II stream as defined in the Forest Practices Rule (Oregon
Administrative Rules Chapter 629).
For purposes of DCC 18.40.050, evidence of a domestic water supply
means:
1. Verification from a water purveyor that the use described in the
application will be served by the purveyor under the purveyor's
rights to appropriate water; or
2. A water use permit issued by the Water Resources Department
for the use described in the application; or
3. Verification from the Water Resources Department that a water
use permit is not required for the use described in the
application. If the proposed water supply is from a well and is
exempt from permitting requirements under ORS 537.545, the
applicant shall submit the well construction report to the
County upon completion of the well.
e. If road access to a dwelling is by a road owned and maintained by a
private party or by the Oregon Department of Forestry, the U.S. Bureau
of Land Management or the U.S. Forest Service, then the applicant
shall provide proof of a long-term road access use permit or
agreement. The road use permit may require the applicant to agree to
accept responsibility for road maintenance.
2. In addition, dwellings listed as a conditional use under DCC 18.40.030(X)
shall be subject to the following standards or conditions:
a. The conditional use standards set forth in DCC 18.40.040;
b. The siting criteria set forth in DCC 18.40.060;
c. The fire siting standards set forth in DCC 18.40.070;
d. The fire safety design standards for roads set forth in DCC 18.40.080;
e. The stocking requirements set forth in DCC 18.40.085, if applicable;
and
f. Any other provisions made applicable by DCC Title 18 or the
comprehensive plan.
3. Dwellings in forest zones shalt not be subject to conditional use standards.
.. dwelling
M.. ..1 I'lnn nL. .. + O A l- I
4. Approval of a dwelling ill the forest zone under tier DCC C111apler 1 0. CFO Ji lal
include a condition of approval requiring that, prior to the issuance of a
building permit, the landowner sign and record in the deed records for the
County a document binding the landowner, and the landowner's successors
in interest, prohibiting them from pursuing a claim for relief or cause of
action alleging injury from farming or forest practices for which no action or
claim is allowed under ORS 30.936 or 30.937.
B. Lot of Record Dwelling. For approval under DCC 18.40.050, a single -unit dwelling
shall meet the following requirements:
1. The lot or parcel on which the dwelling would be sited was lawfully created
prior to January 1, 1985, and was acquired and owned continuously by the
present owner either prior to January 1, 1985, or by devise or by intestate
succession from a person who acquired the lot or parcel prior to January 1,
1985.
2. For the purposes of DCC 18.40.050, "owner" includes the wife, husband,
son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law,
son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece,
nephew, step-parent, step -child, grandparent, or grandchild of the owner or
a business entity owned by any one or combination of these family members.
3. The dwelling would be located on a tract that is composed of soils not
capable of producing 4,000 cubic feet per year of commercial tree species
and is located within 1,500 feet of a public road as defined under ORS
368.001 that provides or will provide access to the subject tract.
a. The road shall be maintained and either paved or surfaced with rock
and shall not be:
1. a United States Bureau of Land Management (BLM) road; or
2. a United States Forest Service road unless the road is paved to
a minimum width of 18 feet, there is at least one defined lane
in each direction and a maintenance agreement exists
between the United States Forest Service and landowners
adjacent to the road, a local government or a state agency.
4. For the purposes of DCC 18.40.050, "commercial tree species" means trees
recognized for commercial production under rules adopted by the Oregon
Department of Forestry pursuant to ORS 527.715.
5. The lot or parcel on which the dwelling will be sited was part of a tract on
November 4, 1993, no dwellings exists on another lot or parcel that was part
of the tract.
6. When the lot or parcel on which the dwelling will be sited is part of a tract,
the remaining portions of the tract shall be consolidated into a single lot or
parcel when the dwelling is allowed.
7. For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting
of the proposed dwelling would be consistent with the limitations on density
as applied under the applicable density restrictions of DCC 18.88.
C. Large Tract Dwelling. A dwelling not allowed pursuant to DCC 18.40.050(B) maybe
allowed if the subject property consists of at least 240 contiguous acres or 320
acres in one ownership that are not contiguous but are in the same county or
adjacent counties and zoned for forest use and does not include an existing
dwelling.
1. A deed restriction shall be filed pursuant to DCC 18.40.140 for all tracts that
are used to meet the acreage requirements of this subsection.
2. A tract shall not be considered to consist of less than 240 acres because it is
crossed by a public road or a waterway.
D. Template Dwelling. For approval under DCC 18.40.050(D), a single -unit dwelling
shall meet the following requirements:
1. The lot or parcel on which the dwelling will be sited:
a. Was lawfully established;
b. Any property line adjustment to the lot or parcel complied with the
applicable property line adjustment provisions in ORS 92.192;
c. Any property line adjustment to the lot or parcel after January 1, 2019,
did not have the effect of qualifying the lot or parcel for a dwelling
under this section; and
d. If the lot or parcel was part of a tract on January 1, 2019, no dwelling
existed on the tract on that date, and no dwelling exists or has been
approved on another lot or parcel that was part of the tract:
- - - -- - - - -
-- --- -- -- -- ----
-- - - -
---::::.-::
2. The lot or parcel on which the dwelling will be sited is predominantly
composed of soils that are:
a. Capable of producing zero to 20 cubic feet per acre per year of wood
fiber if:
1. All or part of at least three other lots or parcels that existed on
January 1, 1993, are within a 160 acre square centered on the
center of the subject tract; and
2. At least three dwellings existed on January 1, 1993, and
continue to exist on the other lots or parcels.
b. Capable of producing 21 to 50 cubic feet per acre per year of wood
fiber if:
1. All or part of at least seven other lots or parcels that existed on
January 1, 1993, are within a 160 acre square centered on the
center of the subject tract; and
2. At least three dwellings existed on January 1, 1993, and
continue to exist on the other lots or parcels.
c. Capable of producing more than 50 cubic feet per acre per year of
wood fiber if:
1. All or part of at least 11 other tots or parcels that existed on
January 1, 1993, are within a 160 acre square centered on the
center of the subject tract; and
2. At least three dwellings existed on January 1, 1993, and
continue to exist on the other lots or parcels.
3. Requirements of Applying Template
a. Lots or parcels within urban growth boundaries shall not be used to
satisfy the template requirements under this subsection.
b. As used in this section, "center of the subject tract" means the
mathematical centroid of the tract.
c. Except as provided by subsection (d) of this section, if the tract
described in DCC 18.40.050(D) abuts a road that existed on January 1,
1993, the measurement may be made by creating a 160-acre
rectangle that is one mile long and 1/4 mile wide centered on the
center of the subject tract and that is to the maximum extent possible,
aligned with the road.
d. If a tract 60 acres or larger described in DCC 18.40.050(D) abuts a
road or perennial stream, the measurement shall be made in
accordance with subsection (c) of this section. However, one of the
three required dwellings shall be on the same side of the road or
stream as the tract, and;
1. Be located within a 160-acre rectangle that is one mite long
and one -quarter mile wide centered on the center of the
subject tract and that is, to the maximum extent possible
aligned with the road or stream; or
2. Be within one -quarter mile from the edge of the subject tract
but not outside the length of the 160-acre rectangle, and on the
same side of the road or stream as the tract.
e. If a road crosses the tract on which the dwelling will be located, at
least one of the three required dwellings shall be on the same side of
the road as the proposed dwelling.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 92-025 §3 on 411511991
Amended by Ord. 9.1-020 §1 on 5/29/1991
Amended by Ord. 94-038 §2 on 101511994
Amended by Ord. 2003-007 §2 on 312612003
Amended by Ord. 2012-007 §4 on 51212012
Amended by Ord. 2018-006 §7 on 1112012018
Amended by Ord. 2021-01.3 §I on 41512022
Amended by Ord. 2025-002 §8 on 312812025
Amended by Ord._20257016 §4_on x/xx/xxxx
�®G
4COMMUNITY DEVELOPMENT
EXHIBIT E FINDINGS
FARM AND FOREST HOUSEKEEPING TEXT AMENDMENTS
247-25-000297-TA
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BACKGROUND:
Oregon's zoning -based farm and forest land conservation programs have been in place since 1973.
Over the past 10 years, interested parties, the courts, and the Department of Land Conservation
and Development (DLCD) have identified a number of issues needing review. In 2024, the Land
Conservation and Development Commission (LCDC) initiated the Farm and Forest Modernization
Project, which included rulemaking and the appointment of a rules advisory committee (RAC).
Rulemaking was intended to improve the clarity and consistency of implementing Oregon's farm
and forest program across the state. DLCD directed the RAC to consider:
• Codifying identified case law standards;
• Other EFU rule amendments;
• Conforming rule changes; and
• Providing additional clarity to counties and potential applicants with the intent of reducing
unnecessary appeals.
LCDC ultimately adopted new Oregon Administrative Rules (OARs) on December 6, 2024. They
became effective on January 1, 2025. Staff provided an update to the Board of County
Commissioners on February 3, 20251 and acknowledged an amendment package would be
forthcoming in spring/summer 2025.
This housekeeping text amendment will incorporate the changes to the OAR into the Deschutes
County Code (DCC), as well as incorporate some minor housekeeping changes from previous
rulemaking or legislative changes that have not yet been captured locally.
III. AMENDMENT SUMMARY:
To comply with this rulemaking package, staff is proposing the following amendments:
1 https•//www.deschutes.org/bcc/page/board-county-commissioners-meeting-220
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
A� (541) 388-6575 cx cdd@deschutes.org ® www,deschutes.org/cd
• Amend 18.16.040(A) to apply farm impacts test through reference to Oregon Revised Statute
(ORS) and OAR.
• Amend 18.16.042(A)'incidental and subordinate' definition for agri-tourism.
• Amend 18.16.030(Y) to include ORS and OAR references for rural transportation facilities in
Exclusive Farm Use zone.
• Add rural transportation facilities as 18.36.030(AE) and 18.40.030(AG) in forest zones and
included ORS and OAR references.
• Amend 18.16.031(D), 18.36.030(G), and 18.40.030(H) to reference ORS and OAR definition for
private parks.
• Amend 18.16.0200), 18.36.020(M), and 18.040.020(M) to reference ORS and OAR standards
for replacement dwellings. Removed sections 18.16.023, 18.36.025, and 18.40.025 as they
were duplicative.
• Amend 18.04 to reference ORS and OAR for definition of "farm use".
• Amend 18.16.050(A)(3)(f), 18.16.050(B)(8), and 18.16.050(C)(5) to reflect new requirements
for verification of income associated with farmworker and primary farm dwellings.
• Amend 18.16.038(C) to reference ORS and OAR standards for farm stands.
• Amend 18.16.030(M), 18.36.030(R), and 18.40.030(S) to reference ORS and OAR standards
for home occupations.
• Amend 18.36.050(D)(1)(d)(1) and 18.40.050(D)(1)(d)(1) to remove a temporary provision for
template dwellings that has sunset.
• Amend 18.16.031(D), 18.16.030(G), 18.36.030(G), and 18.40.030(H) to directly reference
requirements for campgrounds in OAR and ORS. Removed 18.16.050(L) as no longer needed.
• Amend 18.04 to amend the definition for a processing facility for farm crops to include rabbit
products.
• Amend 18.16.033(C) as is it duplicative and superseded by 18.120.010(B), pertaining to
expansion of nnnrnnfnrming zrhnnlc,
Staff included only housekeeping style amendments resulting from rulemaking in this particular
text amendment package. Additional discretionary amendments related to childcare, temporary
storage sites, and natural disaster event allowances may be pursued in the future.
IV. BASIC FINDINGS:
The Planning Division determined amendments were necessaryto incorporate changes to state law
into various sections of the Deschutes County Code. Staff initiated the proposed amendments and
notified the Oregon Department of Land Conservation and Development on May 22, 2025 (File no.
247-25-000297-TA). As demonstrated in the findings below, the amendments remain consistent
with Deschutes County Code, the Deschutes County Comprehensive Plan, and the Statewide
Planning Goals.
V. FINDINGS:
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
247-25-000297-TA Findings
Exhibit E to Ordinance 2025-016 Page 2 of 6
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 public hearings will be held before the Deschutes
County Planning Commission (Commission) and the Board of County Commissioners (Board).
Section 22.12.020, Notice
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 will be met as notice will be published in The Bulletin newspaper at least 10
days prior to each public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.O45.
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.O8.010(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.
247-25-000297-TA Findings
Exhibit E to Ordinance 2025-016 Page 3 of 6
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 will be met because public hearings will be held before the Deschutes
County Planning Commission (Commission) and the Board of County Commissioners (Board).
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-25-000297-TA will be
implemented by ordinances upon approval and adoption by the Board.
OAR 660-015, STATEWIDE PLANNING GOALS AND GUIDELINES
Goal 1: Citizen Involvement:
FINDING: The amendments do not propose to change the structure of the County's citizen
involvement program. Notice of the proposed amendments was provided to the Bulletin for the
Board public hearing. This goal is met.
Goal 2: Land Use Planning:
FINDING: The purpose of the amendment is to integrate requirements from Oregon Administrative
Rule and Oregon Revised Statutes. The proposal has a factual base and is consistent with the intent
of the Comprehensive Plan and zoning districts. This goal is met.
Goal 3: Agricultural Lands:
FINDING: The proposed amendments integrate rulemaking from LCDC's recent Farm and Forest
Modernization Project into local code provisions. This goal is met.
Goal 4: Forest Lands:
FINDING: The proposed amendments integrate rulemaking from LCDC's recent Farm and Forest
Modernization Project into local code provisions. This goal is met.
247-25-000297-TA Findings
Exhibit E to Ordinance 2025-016 Page 4 of 6
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 5. This goal does not apply.
Goal 6: Air Water and Land Resources Quality:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 6. This goal does not apply.
Goal 7• Areas Subject to Natural Disasters and Hazards:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 7. This goal does not apply.
Goal 8: Recreational Needs:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 8. This goal does not apply.
Goal 9: Economic Development:
FINDING The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 9. This goal does not apply.
Goal 10: Housing:
FINDING: The proposed amendments integrate rulemaking from LCDC's recent Farm and Forest
Modernization Project into local code provisions. This goal is met.
Goal 11: Public Facilities and Services.
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 11. This goal does not apply.
Goal 12: Transportation:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 12. This goal does not apply.
Goal 13: Energy Conservation:
FINDING: The proposed amendments do not include changes to the County's Comprehensive Plan
policies or implementing regulations for compliance with Goal 13. This goal does not apply.
Goal 14: Urbanization:
FINDING: The proposed amendments integrate rulemaking from LCDC's recent Farm and Forest
Modernization Project into local code provisions. This goal is met.
Goals 15 through 19
FINDING: These goals are not applicable to the proposed plan and text amendments because the
County does not contain these types of lands.
247-25-000297-TA Findings
Exhibit E to Ordinance 2025-016 Page 5 of 6
2011 DESCHUTES COUNTY COMPREHENSIVE PLAN
Chapter 2 - Resource Management -Section 2.2 Agricultural Land Policies
Policy 2.2.5 Uses allowed in Exclusive Farm Use zones shall comply with State Statute
and Oregon Administrative Rule.
Policy 2.2.6 Regularly review farm regulations to ensure compliance with changes to
State Statute, Oregon Administrative Rules and case law.
FINDING: The intent of the proposed text amendment is to integrate changes to state
administrative rules into local code for implementation. Where possible, staff has proposed
amendments to the code to directly reference state statute and administrative rule. These policies
are met.
Chapter 2 - Resource Management -Section 2.3 Forest Land Policies
Policy 2.3.5 Uses allowed in Forest zones shall comply with State Statute and Oregon
Administrative Rule.
FINDING: The intent of the proposed text amendment is to integrate changes to state
administrative rules into local code for implementation. Where possible, staff has proposed
amendments to the code to directly reference state statute and administrative rule. These policies
are met.
VI. CONCLUSION:
Based on the information prn\sided herein, the staff recommends the Board of County
Commissioners approve the proposed text amendments that make minor changes necessary to
clarify existing standards and procedural requirements, incorporate changes to state and federal
law, and to correct errors in the Deschutes County Code.
247-25-000297-TA Findings
Exhibit E to Ordinance 2025-016 Page 6 of 6
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
Will Groves, Planning Manager
Peter Gutowsky, AICP, Director
DATE: January 29, 2025
SUBJECT: Department of Land Conservation and Development / Farm & Forest Modernization
Program / Rule Changes
Oregon's zoning -based farm and forest land conservation programs have been in place since 1973.
Over the past 10 years, interested parties, the courts, and the Department of Land Conservation and
Development (DLCD) have identified a number of issues needing review. In 2024, the Land
Conservation and Development Commission (LCDC) initiated the Farm and Forest Modernization
Project, which included rulemaking and the appointment of a rules advisory committee (RAC).
Rulemaking was intended to improve the clarity and consistency of implementing Oregon's farm and
forest program across the state. DLCD directed the RAC to consider:
• Codifying identified case law standards;
• Other EFU rule amendments;
• Conforming rule changes; and
• Providing additional clarity to counties and potential applicants with the intent of reducing
unnecessary appeals.
LCDC ultimately adopted new Oregon Administrative Rules (OARS) on December 6, 2024 (Attachment).
They became effective on January 1, 2025.
The Community Development Department will initiate housekeeping amendments shortly. These
amendments will apply the changes below into Deschutes County Code, as well as incorporate some
minor housekeeping changes from previous rulemaking or legislative changes that have not yet been
captured locally. Staff will first provide the Planning Commission with a review per the legislative
process outlined in DCC 22.12.040 and will then proceed to a work session and public hearing before
the Board of County Commissioners.
-1-
Rule Amendments for Codifying Case Law
Common law (or case law) is the body of law derived from judicial decisions by the courts. In this
context, these are interpretations of statutory provisions by the Oregon Land Use Board of Appeals
(LUBA), the Oregon Court of Appeals, and the Oregon Supreme Court. A large body of common law
exists on aspects of the farm and forest program. While these rulings have not been codified in statute
or rule, they are routinely applied to reviews on appeal of land use decisions. County planning
departments have varying degrees of ability to apply un-codified common law when reviewing
applications. The result, according to DLCD, is local governments unequally implementing case law
standards across the state and unnecessary legal challenges.
A. Farm Impacts Test for Conditional Uses in Exclusive Farm Use Zones
Exclusive Farm Use (EFU) zoning is established at the state level to protect agricultural land for farming.
Use of land zoned as EFU is limited to farm use, uses the legislature has determined are compatible
with farm and forest operations, or uses which the legislature has determined may be compatible with
farm and forest operations, per Oregon Revised Statutes (ORS) 215.283. All conditional uses in EFU
zones require a county to exercise discretion: counties must find that the use as proposed will not force
a significant change in farm and forest practices and will not significantly increase the cost of farm and
forest practices on the surrounding lands. This discretionary review requirement is in ORS 215.296 and
is often referred to as the "farm impacts test." Counties routinely apply this test to a wide variety of EFU
conditional uses to determine compatibility with farm and forest operations.
In case law, there is guidance from the courts on how to conduct a sufficient analysis to provide findings
under the farm impacts test. These established case law standards have not been codified in statute or
rule and are therefore applied inconsistently by counties throughout the state. RAC members
considered several cases on the topic, most notably the Oregon Supreme Court's decision in Stop the
Dump Coalition v. Vamhill County, 364 Or 432, 435 P3d 698 (2019).' LCDC relied on the case's step-by-
step guidance to when it adopted the rule amendments.
B. "Incidental and Subordinate" and "Necessary to Support" standards as applied to ORS
215 213(11) and 215 283(4) the Agri -Tourism and Other Commercial Event Standards in
Exclusive Farm Use Zones
In 2011, the legislature added a new use to EFU zones that allows for four different levels of agri-tourism
events or other commercial events related to a farm use. The first three levels must pass the same
standards for approval. The fourth level must meet more rigorous criteria to be approved. The four
levels are:
1. Expedited review for a single, smaller event
2. One 72-hour event up to 500 people
'Other cases included: Schellenberg v. Polk County, 21 Or LUBA 425 (1991); Von Lubken v. Hood River County, 118 Or App 246,
846 P2d 1178, rev den 316 Or 529 (1993); Von Lubken v. Hood River County, 28 Or LUBA 362 (1994); Von Lubken v. Hood River
County, 133 Or App 286, 891 P2d 5 (1995); and Friends of Marion County v. Marion County Qones/Agritainment), _ Or LUBA
_ (LUBA No. 2021-088/089, April 21, 2022).
-2-
3. Up to six 72-hour events or a month and a half of long weekend events
4. Up to eighteen 72-hour events or Four months of long weekend events
The requirements for these events are listed in ORS 215.213(11) and ORS 215.283(4). Since 2013,
counties have issued more than a hundred agri-tourism event permits under these standards. All four
levels of events authorized in ORS 215.213(11)/ORS 215.283(4) must demonstrate that they are
"incidental and subordinate" to existing farm use of the property. This means that farm use must
remain the predominant use of the property, and the event use should not become the proverbial "tail
wagging the dog." For an application under the most intensive category — up to eighteen 72-hour
events per year — the proposal must also be found to be "necessary to support" the commercial farm
uses or the commercial agricultural enterprises in the area. LCDC codified case law that clarifies
"incidental and subordinate" and "necessary to support" standards.2
C. Transportation Facilities on Rural Lands
The language in the Transportation Planning Rule (OAR 660-012-0065) that applies to rural
transportation improvements applies to rural lands in general, meaning they apply to exception lands
and nonresource lands as well as land protected under the farm and forest conservation program.
LCDC adopted language that clarifies that when uses listed in OAR 660-012-0065(3) are proposed on
land zoned farm or forest, they are subject to the farm impacts test or forest impacts test (as applicable).
According to DLCD, this is consistent with the department's guidance on the topic and recent case law.3
D. Private Parks
A variety of activities ranging in intensity have been approved as "private parks" in resource zones.
Approved private park uses include/have included: frisbee golf, shooting ranges, paintball parks,
demonstration gardens, event venues, fish viewing areas, and motocross tracks. The RAC considered
the holdings in Central Oregon Landwatch v. Deschutes County, 276 Or App 282 (2016) which addresses
this topic, given concerns that current rules do not state when proposals for private parks become
inappropriate for a rural environment. LCDC adopted language to clarify that a private park is primarily
recreational in nature — where the focus of the recreation is on the enjoyment of the outdoors. DLCD
referenced Central Oregon Landwatch v. Deschutes County to clarify that private parks are meant to be
low intensity uses.
III. Other EFU Rule Amendments
A. Preparation of Products on Farmland
ORS 215.203 clarifies that the general definition of "farm use" includes the "preparation of products or
by-products raised on land employed for farm use." OAR 660-033-0020(7) defines "products or by-
products raised on such land" as "those products or by-products raised on the farm operation where
the preparation occurs or on other farmland provided the preparation is occurring only on land being
2 Friends of Vamhill County v. Vamhill County (DeBenedetti), 80 Or LUBA 135 (2019), rev'd and rem'd, 301 Or App 726, 458 P3d
1130 (2020).
3 Van Dyke v. Vamhill County, 81 Or LUBA 427 (2020)
-3-
used for the primary purpose of obtaining a profit in money from the farm use of the land." Because
"farm use of the land" includes preparation of products or by-products, the current definition contains
a confusing, unintended circular reference. As a result, some counties have approved stand-alone,
commercial preparation facilities with no associated farm operation as a "farm use." On land zoned for
exclusive farm use, farm use is allowed outright with minimal, if any, county review. LCDC adopted rule
language that creates a two-part definition for "product or by-products raised on such land."
B. Evidentiary Standard for the Verification of Income for Farm Dwellings and Farm Stands in
Exclusive Farm Use Zones
One of the tests to obtain a permit for primary and accessory farm dwellings involves verifying that a
certain amount of income was earned on the farm over a certain period from the sale of farm products
produced on the property. According to DLCD, several counties communicated that it can be difficult
to verify income in a reliable manner. Their concerns include that accountant statements and Internal
Revenue Service (IRS) Schedule F (farm income) tax documents are not specific enough to be definitive,
particularly about where the products were produced. County staff also noted that it is difficult to verify
if a taxpayer filed the tax documents with the IRS. For dwellings in conjunction with farm use, income
verification is only required at the time of application. There is no ongoing requirement to verify that
the farming operation is continuing. For farm stands, there is an ongoing statutory requirement that
the sales from incidental retail items and event fees not exceed 25 percent of the farm stand income.
DLCD stressed that this ongoing limitation on the sale of retail items and fees from promotional
activities is an existing statutory requirement that has been in place since the legislature added fee -
based promotional activities to allowable farm stand uses in 2001.
LCDC adopted rule changes do not alter the income limitation. It only clarifies what method a county
may use when it seeks to verify that the farm stand is complying with the income standard. The new
language relies on the IRS tax return receipt as the minimum standard for verification of income. It also
clarifies that a county may ask for any additional information it believes is necessary to demonstrate
compliance with the standard.
C. Home Occupations in EFU Zones
According to DLCD, home occupations are the most common non -resource use approved in EFU zones.
Home occupations are defined in statute as a use that occurs in dwellings or other buildings normally
associated with exclusive farm use zones and are operated by a resident or employee of a resident of
the property. Home occupations are limited to employing five full-time or part-time persons. Counties
may choose to adopt more restrictive standards for this use.
Given the ambiguity and breadth of the definition of a home occupation, a very wide variety and
intensity of activities are approved as home occupations in EFU zones: hair salons, firearms dealers,
tasting rooms, medical offices, events venues, daycares, funeral homes, mechanic repair shops,
veterinary clinics, restaurants, among others. Sometimes uses are approved as home occupations
instead of being approved under the standards established for a particular activity by the legislature.
Proposals that cannot meet the standards established for a particular use by the legislature often seek
-4-
approval under the more broadly defined "home occupation" option, which evades the legislature's
specific standards set for that particular use.
LCDC adopted rule clarifies that uses with scale and scope no more intensive than those permitted by
legislative standards can be reviewed as home occupations. It also clarifies that certain home
occupation businesses must be accessory to a residential use.
Ill. Conforming Rule Changes
According to DLCD, these rule updates adopted by LCDC are necessary to align agency rules with new
provisions of law enacted by the legislature that are currently in effect and remove circular references.
A. Replacement Dwelling Requirements
Changed the requirements for replacement dwellings in forest zones at ORS 215.755 to mirror the new
requirements in ORS 215.291 which were previously applicable only to farm zones. Also, modified the
requirements for replacement dwellings in farm zones.
B. Template Test Provisions
Language in Section 3 clarifying effective dates for the new template test provisions has been removed
to conform to statute. Section 4 repealed Section 2 on January 2, 2024, which had allowed a one-time
opportunity which expired at the end of 2023.
C. Childcare
Added childcare facilities, preschool recorded programs, or school -age recorded programs as a new
use in EFU zones.
D. Nonconforming Schools
Modified the requirements for expansion of certain nonconforming schools in farm zones.
E. Campsites
Removed a circular reference.
F. Rabbit Processing
Adds rabbits and rabbit products to the list of farm products which may be processed at a farm product
processing facility under ORS 215.255.
-5-
G. Farm Dwellings in Conjunction with Cranberry Operations
Section 3 repealed Section 2 on January 2, 2022, removing special provisions for farm dwellings in
conjunction with cranberry operations.
Attachment:
LCDC Rule Changes
Attachment - LCDC Rule Changes
Underlines represent new rule language and deleted text by StFikethFOW914.
I. Codifying Case Law
A. Farm Impacts Test for Conditional Uses in EFU Zones
OAR 660-033-0130
(5) Approval requires review by the governing body or its designate under ORS 215.296. Uses may be
approved only where such uses:
(a) Will not force a significant change in accepted farm or forest practices on surrounding lands
devoted to farm or forest use; and
(b) Will not significantly increase the cost of accepted farm or forest practices on surrounding lands
devoted to farm or forest use.
(c) For purposes of subsection (a) and (b) a determination of forcing a significant change in accepted
farm or forest practices on surrounding lands devoted to farm and forest use or a determination of
whether the use will significantly increase the cost of accepted farm or forest practices on
surrounding lands devoted to farm or forest use requires:
(A) Identification and description of the surrounding lands, the farm and forest operations on those
lands and the accepted farm practices on each farm operation and the accepted forest
practices on each forest operation;
(B) An assessment of the individual impacts to each farm and forest practice, and whether the
proposed use is likely to have an important influence or effect on any of those practices; and
(C) An assessment of whether all identified impacts of the proposed use when considered together
could have a significant impact to any farm or forest operation in the surrounding area in a
manner that is likely to have an important influence or effect on that operation.
(®) For purposes of this subsection examples of potential impacts for consideration may include
but are not limited to traffic water availability and delivery, introduction of weeds or pests,
damage to crops or livestock, litter, trespass, reduction in crop yields, or flooding.
(E) For purposes of subsection (a) and (b), potential impacts to farm and forest practices or the
cost of farm and forest practices impacts relating to the construction or installation of the
proposed use shall be deemed part of the use itself for the purpose of conducting a review
under subsections (a) and (b).
(F) In the consideration of potentially mitigating conditions of approval under ORS 215.296(2), the
governing body may not impose such a condition upon the owner of the affected farm or forest
land or on such land itself, nor compel said owner to accept payment to compensate for the
significant changes or significant increases in costs described in subsection (a) and (b).
-7-
R. Agri -Tourism Standards / Incidental and Subordinate and Necessary to Support
Standards
OAR 660-033-0130
(42)(a) A determination under ORS 215.213(11) or 215.283(4) that an event or activity is 'incidental and
subordinate' requires consideration of any relevant circumstances, including the nature, intensity, and
economic value of the respective farm and event uses, that bear on whether the existing farm use
remains the predominant use of the tract.
(b) A determination under ORS 215.213(11)(d)(A) or 215.283(4)(d)(A) that an event or activity is
'necessary to support' either the commercial farm uses or commercial agricultural enterprises in
the area means that the events are essential in order to maintain the existence of either the
commercial farm or the commercial agricultural enterprises in the area.
C. Transportation Facilities on Rural Lands
OAR 660-012-0065
(5) (a) For transportation uses or improvements listed in subsection (3) within an exclusive farm use (EFU)
or forest zone except for transportation uses or improvements permitted under ORS 215.213(1), ORS
215 283(1) or OAR 660-006-0025(1)-(3) a jurisdiction shall find that the proposal will comply with the
standards described in ORS 215.296. In addition, transportation uses or improvements in a forest
zone, except for transportation uses or improvements authorized under OAR 660-006-0025(1)-(3),
must also comply with the standards described in OAR 660-006-0025(5).
For transportation uses or improvements listed in subsections (3)(d) to (g) and (o) within an EFU or
forest zone, a jurisdiction shall, in addition to demonstrating compliance with the requirements of
ORS 215.296:
D Identify reasonable build design alternatives, such as alternative alignments, that are safe and
can be constructed at a reasonable cost, not considering raw land costs, with available
technology. The jurisdiction need not consider alternatives that are inconsistent with applicable
standards or not approved by a registered professional engineer;
ii Assess the effects of the identified alternatives on farm and forest practices, considering
impacts to farm and forest lands, structures and facilities, considering the effects of traffic on
the movement of farm and forest vehicles and equipment and considering the effects of access
to parcels created on farm and forest lands; and
fija Select from the identified alternatives, the one, or combination of identified alternatives that
has the least impact on lands in the immediate vicinity devoted to farm or forest use.
D. Private Parks
OAR 660-033-0130
-a-
(43) As used in ORS 215.213(2)(e) or 215.283(2)(c), a 'private park' means an area devoted to low -
intensity, outdoor, recreational uses for which enioyment of the outdoors in an open space, or on
land in its natural state, is a necessary component and the primary focus.
II. Other EFU Amendments
A. Preparation of Products on Farmland
OAR 660-033-0020
(7)(a) "Farm Use" as that term is used in ORS chapter 215 and this division means "farm use" as defined in
ORS 215.203.
(b) As used in the definition of "farm use" in ORS 215.203 and in this division:
(A) "Preparation" of products or by-products includes but is not limited to the cleaning, treatment,
sorting, or packaging of the products or by-products; and
(B) "Products or by-products raised on such land" means includes, -
that these p Products or by-products aye raised on the farm operation where the preparation
occurs;
(ii) Products or by-products raised on other farmland provided:
The preparation is occurring only on lam a tract beipg
currently employed for a farm use or farm uses other than preparation; and
II Such products or by-products are prepared in the same facilities as and in conjunction
with products or by-products raised on the farm operation where the preparation
occurs.
B. Verification of Income
Farmworker Dwellings
OAR 660-033-0130
(24) Accessory farm dwellings as defined by subsection (e) of this section may be considered customarily
provided in conjunction with farm use if:
(h) The applicant shall submit to the local government an IRS tax return transcript and any other
information the county may require that demonstrates compliance with the gross farm income
requirements in paragraph (b)(A) or (B), whichever is applicable.
Primary Farm Dwellings
OAR 660-033-0135
(3) On land not identified as high -value farmland, a dwelling may be considered customarily provided in
conjunction with farm use if:
ME
(e) The applicant shall submit to the local government an IRS tax return transcript and any other
information the local iurisdiction may require that demonstrates compliance with the gross farm
income requirement.
(4) On land identified as high -value farmland, a dwelling may be considered customarily provided in
conjunction with farm use if:
(e) The applicant shall submit to the local government an IRS tax return transcript and any other
information the local iurisdiction may require that demonstrates compliance with the gross farm
income requirement.
Farm Stands
OAR 660-033-0130
(23) A farm stand may be approved if:
(f) At the request of a local government with land use iurisdiction over the farm stand, the farm stand
operator of a farm stand approved under this section shall submit to the local government
evidence of compliance with the annual sales requirement of subsection (a). Such evidence shall
consist of an IRS tax return transcript and any other information the local iurisdiction may require
to document ongoing compliance with this section or any other condition of approval required by
the county.
C. Home Occupations in EFU Zones
OAR 660-033-0130
(14) Home occupations and the parking of vehicles may be authorized.
(a) Home occupations shall be operated substantially in the dwelling or other buildings normally
associated with uses permitted in the zone in which the property is located.
Lb A home occupation shall be operated by a resident or employee of a resident of the property on
which the business is located, and shall employ on the site no more than five full-time or part-time
persons.
(c) A governing body may only approve a use provided in OAR 660-033-0120 as a home occupation if:
(A) The scale and intensity of the use is no more intensive than the limitations and conditions
otherwise specified for the use in OAR 660-033-0120, and
(B) The use is accessory, incidental and subordinate to the primary residential use of a dwelling on
the property.
III. Conforming Rule Changes
A. Replacement Dwellings in Forest and Farm Zones
Forest Dwellings
OAR 660-006-0025
-10-
(1) Goal 4 requires that forest land be conserved. Forest lands are conserved by adopting and applying
comprehensive plan provisions and zoning regulations consistent with the goals and this rule. In
addition to forest practices and operations and uses auxiliary to forest practices, as set forth in ORS
527.722, the Commission has determined that five general types of uses, as set forth in the goal, may
be allowed in the forest environment, subject to the standards in the goal and in this rule. These
general types of uses are:
(d) Dwellings authorized by ORS 215.705 to 215.757 (ORS 2 5.757`; and
(o)L)A�L): A lawfully
established dwelling may be altered, restored or replaced if, when an application for a permit is
submitted, the county finds to its satisfaction, based on substantial evidence that the dwelling to
be altered, restored or replaced has, or formerly had:
(Ai) Intact exterior walls and roof structures;
(9ii) #a&sr+Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to
® a sanitary waste disposal system;
(Oiii) Ha-slnterior wiring for interior lights; and
(iv) A heating system.
0 L h ting to . and
rv-rrrvra�-rca cm�-7'^JTC I l i, a 1 i GY
W In the of real cement is re a Teri demelis4erd er re Ryerterl to AM AIle.,X-.hle nenreeirlenti^+I
, �tiiivvca, aciiiviia c
use withiR t n
(B) An application under this subsection must be filed within three years following the date that
the dwelling last possessed all the features listed under paragraph (o)(A).
(C) Construction of a replacement dwelling approved under this subsection must commence no
later than four nears after the approval of the application under this section becomes final.
L (o)(A \ th dwelling
inn to be replaced meets one f tha
(ti) in addition to the provisions of paragraph cc�►`�► i.iie f.iWelliiih` to uc iCNiRI.CU iiiCCl3 vice is c.i �::
following conditions:
(i) If the value of the dwelling to be replaced was eliminated as a result of destruction or
demolition, the dwelling was assessed as a dwelling for purposes of ad valorem taxation
prior to the destruction or demolition and since the later of:
(1) Five years before the date of the destruction or demolition; or
(II) The date that the dwelling was erected upon or fixed to the land and became subject to
property tax assessment; or
(ii) The value of dwelling to be replaced has not been eliminated due to destruction or
demolition and the dwelling was assessed as a dwelling for purposes of ad valorem taxation
since the later of:
(1) Five years before the date of the application; or
(II) The date that the dwelling was erected upon or fixed to the land and became subject to
property tax assessment.
(E) For replacement of a lawfully established dwelling under this subsection:
(i) The dwelling to be replaced must be removed demolished or converted to an allowable
nonresidential use within three months after the date the replacement dwelling is certified
for occupancy pursuant to ORS 455.055.
(ii) The applicant must cause to be recorded in the deed records of the county a statement that
the dwelling to be replaced has been removed, demolished or converted.
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As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or
parcel that is not zoned for exclusive farm use the applicant shall execute and cause to be
recorded in the deed records of the county in which the property is located a deed
restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The
restriction imposed is irrevocable unless the county planning director, or the director's
designee, places a statement of release in the deed records of the county to the effect that
the provisions of ORS 215.291 and either ORS 215.213 or 215.283 regarding replacement
dwellings have changed to allow the lawful siting of another dwelling.
(iv) The county planning director, or the director's designee shall maintain a record of:
(1) The lots and parcels for which dwellings to be replaced have been removed, demolished
or converted: and
(11) The lots and parcels that do not qualify for the siting of a new dwelling under paragraphs
(E) and (F) including a copy of the deed restrictions filed under subparagraph (iii) of this
paragraph.
(F M A replacement dwelling under this subsection must comply with applicable building codes,
plumbing codes sanitation codes and other requirements relating to health and safety or to
siting at the time of construction.
(ii) The replacement dwelling may be sited on any part of the same lot or parcel.
(iii) The replacement dwelling must comply with applicable siting standards. However, the
standards may not be applied in a manner that prohibits the siting of the replacement
dwelling.
(iv) The replacement dwelling must comply with the construction provisions of section R327 of
the Oregon Residential Specialty Code, if:
(1) The dwelling is in an area identified as extreme or high wildfire risk on the statewide
map of wildfire risk described in ORS 477.490; or
(11) No statewide map of wildfire risk has been adopted.
(G) If an applicant is granted a deferred replacement permit under this subsection, the deferred
replacement permit:
(i) Does not expire but the permit becomes void unless the dwelling to be replaced is removed
or demolished within three months after the deferred replacement permit is issued; and
(ii) May not be transferred, by sale or otherwise, except by the applicant to the spouse or a
child of the applicant.
(r) Dump truck parking as provided in ORS 215.311;
(s) An agricultural building, as defined in ORS 455.315, customarily provided in conjunction with farm
use or forest use. A person may not convert an agricultural building authorized by this section to
another use; and
Dwellings in Forest Zones
OAR 660-006-0027
6) A proposed "template" dwelling under this rule is allowed only if:
(c) No dwellings are allowed on other lots or parcels that make up the tract and deed restrictions
established under section (87) of this rule for the other lots or parcels that make up the tract are
met;
-12-
(7)(a) ,
, ,
and Ya
,
Tillame
allew the establishment ef a single family dwell Rg 9R a let eF paFGel that was paFt Of a tFaGt eR :laRW-a4:Y
dwelling undeF seetiens (3) and (4) ef this Fule. (e) Subseetien (b) of this seetien applies; (A) On and
(44a4 The applicant for a dwelling authorized by paragraph (A) or (B) below shall provide evidence that the
covenants, conditions and restrictions form adopted as "Exhibit A" has been recorded with the county
clerk of the county or counties where the property subject to the covenants, conditions and
restrictions is located.
Replacement Dwellings in Farm Zones
OAR 660-006-0130
(8)(a) A lawfully established dwelling may be altered, restored or replaced under ORS 215.213(1)(q) or
215.283(1)(p) if, when an application for a permit is submitted, the county finds to its satisfaction,
based on substantial evidence that the dwelling to be altered, restored or replaced has, or formerly
had:
(b) An application under this section must be filed within three years following the date that the
dwelling last possessed all the features listed under subsection (a). in add -Wen to the pFevisieps A
c h tieR (a), the d ^Ili to be FeplaGed Meets ene of the fellawiRg GeRdi+ieRs;
(c) Construction of a replacement dwelling approved under this section must commence no later than
four years after the approval of the application under this section becomes final.
In addition to the provisions of subsection (a), the dwelling to be replaced meets one of the
following conditions;
(A) If the dwelling was rnmeyedd, er demelished;-value of the dwelling to be replaced was
eliminated as a result of destruction or demolition, the dwelling was assessed as a dwelling for
purposes of ad valorem taxation prior to the destruction or demolition and since the later of:
The dwelliRg's tax let d a nn+ h + n Iron fnr AelinqueRt ad w alerem taxes;and
.
eF eenstotutes an attFaeti.- the dwel"Rg's tax lot does net have a lien fE)F delinquent
ad valeFen; taxes; eF
(i) Five years before the date of the destruction of demolition; or
(ii) The date that the dwelling was erected upon or fixed to the land and became subject to the
property tax assessment; or
-13-
(B) The value of dwelling to be replaced has not been eliminated due to destruction or demolition,
and the dwelling was assessed as a dwelling for purposes of ad valorem taxation since the later
of:
Per the pFevious five pFepert y tax ye-+rc, . eFFem the time when the dwelling vlxa-s erer-Aed- upoR 9F affixed- to the land and- ber.ame
c h°eet to assessment as decrrihed_in-_QRS Z07 01n
(i) Five years before the date of application; or
(ii) The date that the dwelling was erected upon or fixed to the land and became subiect to
property tax assessment.
(Ee) For replacement of a lawfully established dwelling under ORS 215.213(1)(q) or 215.283(1)(p):
(A) The dwelling to be replaced must be removed, demolished or converted to an allowable
nonresidential use within three months after the date the replacement dwelling is certified for
occupancy pursuant to ORS 455.055 or.-.-
(i)
to QRS 455 ncc. er
befe-re A- date set by the Geupty that is not- leasS, thaR 99 days afteF the FeplaGement permit
issued; and
(B) The applicant must cause to be recorded in the deed records of the county a statement that the
dwelling to be replaced has been removed, demolished or converted.
(C) I•..°_._ f approval, :11'th . dwelling ' + b located tie f th lot `C.� AS a CUnoitiU(1 CiI dj.JjJiUifal, ii liiC uJveiling to uc replaced is Iv�a�ed %,ol a portion t,l CIIE Ivy or
parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be
recorded in the deed records of the county in which the property is located a deed restriction
prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction
imposed is irrevocable unless the county planning director, or the director's designee, places a
statement of release in the deed records of the county to the effect that the provisions of 2011.1,
ere en Laws, chapter 440 seetien ORS 215.291 and either ORS 215.213 or 215.283 regarding
replacement dwellings have changed to allow the lawful siting of another dwelling.
(D) The county planning director, or the director's designee, shall maintain a record of:
(i) The lots and parcels for which dwellings to be replaced have been removed, demolished or
converted; and
(ii) The lots and parcels that do not qualify for the siting of a new dwelling under subsection
(ee) of this certien, including a copy of the deed restrictions filed under paragraph (C) of this
subsection.
(df)(A) A replacement dwelling under ORS 215.213(1)(q) or 215.283(1)(p) must comply with applicable
building codes, plumbing codes, sanitation codes and other requirements relating to health and
safety or to siting at the time of construction. However, the st-.RdaFds may net he plied On aFanner that-Prehibits the siting of the r nlaeement dwelling.
(B) The replacement dwelling may be sited on any part of the same lot or parcel:
,
-14-
C) The replacement dwelling must comply with applicable siting standards. However, the
standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
(D) The replacement dwelling must comply with the construction provisions of section R327 of the
Oregon Residential Specialty Code, if:
(A) I a land use ,deeisieR as defined QRS 19Z 015 .,here the dwelling to her placed.
(i) F I had the features dP;r-_rihed in paFagFaph (a)(A) of this seGtien; e
/••\ I eligible f placement u n der paFagFaph (b)(9) of this eetien; and
i
(B) 1 + u bjee+ +e the time +e ae+_limits of QRS 215.417.
(i) The dwelling is in an area identified as extreme or high wildfire risk on the statewide map of
wildfire risk described in ORS 477.490; or
(ii) No statewide map of wildfire risk has been adopted.
(11) Subject to the issuance of a license, permit or other approval by the Department of Environmental
Quality under ORS 454.695, 459.205, 468B.050, 46813.053 or 468B.055, or in compliance with rules
adopted under ORS 468B.095, and with the requirements of ORS 215.246, 215.247, 215.249 and
215.251, the land application of reclaimed water, agricultural process or industrial process water or
biosolids, or the onsite treatment of septage prior to the land application of biosolids, for agricultural,
horticultural or siivicultural production, or for irrigation in connection with a use allowed in an
exclusive farm use zones under this division is allowed. For the purposes of this section, onsite
treatment of septage prior to the land application of biosolids is limited to treatment using treatment
facilities that are portable, temporary and transportable by truck trailer, as defined in ORS 801.580,
uri _ _ I t t•._ h land tion h' lids + � +h lice
C�Uring Ci period U Ui LIPf� wlthill whlLli idlil.l application of IJiU/SOIlu3 ir3 authorize-' Under Lile license,
permit or other approval.
C. Uses Authorized on Agricultural Lands - Childcare
OAR 660-033-0120
High Value Farm Land All Other Uses
R5 R5, 40 Child care facilities, preschool recorded programs or
school -age recorded programs consistent with ORS
215.213(2)(aa) or 215.283(2)(dd).
"R" Use may be allowed, after required review. The use requires notice and the opportunity for a hearing.
Minimum standards for uses in the table that include a numerical reference are specified in OAR 660-033-
0130. Counties may prescribe additional limitations and requirements to meet local concerns.
-is-
D. School Expansions
OAR 660-033-0130
(18)(a) Existing facilities wholly within a farm use zone may be maintained, enhanced or expanded on the
same tract, subject to other requirements of law. An existing golf course may be expanded consistent with
the requirements of sections (5) and (20) of this rule, but shall not be expanded to contain more than 36
total holes.
(b) Notwithstanding ORS 215.130, 215.213, 215.283, or any local zoning ordinance or regulation, a
public or private school, including all buildings essential to the operation of a school, formerly
allowed pursuant to ORS 215.213(1)(a) or 215.283(1)(a), as in effect before January 1, 2010, may be
expanded provided:
(A) The expansion complies with ORS 215.296;
(B) The school was established on or before January 1, 2009;
(C) The expansion occurs on a tax lot:
(i) On which the school was established; or
(ii) Contiguous to and, on January 1, 2015, under the same ownership as the tax lot on which
the school was established; and
(D) The school is a public or private school for kindergarten through grade 12.
E. Campsites
OAR 660-033-0130
RMS. 11F.WYMP.PM91
.•
M.- e- o-0
-16-
F. Rabbit Processing
OAR 660-033-0130
28)(a) A facility for the processing of farm products is a permitted use under ORS 215.213(1)(u) and ORS
215.283 (1)(r) on land zoned for exclusive farm use, only if the facility:
(A) Uses less than 10,000 square feet for its processing area and complies with all applicable siting
standards. A county may not apply siting standards in a manner that prohibits the siting of a
facility for the processing of farm products; or
(B) Notwithstanding any applicable siting standard, uses less than 2,500 square feet for its
processing area. However, a local government shall apply applicable standards and criteria
pertaining to floodplains, geologic hazards, beach and dune hazards, airport safety, tsunami
hazards and fire siting standards.
(b) A county may not approve any division of a lot or parcel that separates a facility for the processing
of farm products from the farm operation on which it is located.
(c) As used in this section, the following definitions apply:
(A) "Facility for the processing of farm products" means a facility for:
(i) Processing farm crops, including the production of biofuel as defined in ORS 315.141, if at
least one -quarter of the farm crops come from the farm operation containing the facility; or
(ii) Slaughtering, processing or selling poultry or poultry products, rabbits or rabbit products
from the farm operation containing the facility and consistent with the licensing exemption
for a person under ORS 603.038(2).
G. Farm Dwellings in Conjunction with Cranberry Operations
OAR 660-033-0135
IMEME
,...M.1
... ..
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01 E 5 C0G i
BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
1:00 PM, MONDAY, SEPTEMBER 8, 2025
Allen Room - 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.
•• I 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
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.
COMMISSIONER ANNOUNCEMENTS
AGENDA ITEMS
1. 1:10 PM Proposed County IT Policy No. IT-4
2. 1:20 PM Work Session: Property Line Adjustment / Minor Variance Text Amendments
3. 1:30 PM Work Session: Farm and Forest Housekeeping Amendments
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
4. Executive Session under ORS 192.660 (2) (d) Labor Negotiations
ADJOURN
September 08, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2