2025-330-Minutes for Meeting September 10,2025 Recorded 10/6/2025C.1��3-:ES C-0
2� I BOARD OF
-�•�,, COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County OJ2025-330
Steve Dennison; County Clerk
Commissioners' JOurnal '10/06/2025 11:47:08 AM
Fc
2025 330
BOCC MEETING MINUTES
9:00 AM WEDNESDAY September 10, 2025
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Anthony DeBone and Phil Chang. Also present were
County Administrator Nick Lelack; Senior Assistant Legal Counsel Kim Riley; and
BOCC Executive Assistant Brenda Fritsvold.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website www.deschutes.org/meetings.
CALL TO ORDER: Chair DeBone called the meeting to order at 10:00 am and noted the
excused absence of Commissioner Adair who is attending the
Pendleton Round -Up.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: None
COMMISSIONER ANNOUNCEMENTS:
Commissioner Chang referred to his attendance at yesterday's meeting of the
Deschutes Collaborative Forest Project steering committee and said fuels reduction
work completed on federal public lands on the west side of Sisters and Black Butte
Ranch has dramatically lowered the risk of fire in that area.
BOCC MEETING SEPTEMBER 10, 2025 PAGE 1 OF 7
Commissioner DeBone spoke to yesterday's joint meeting between the BOCC and the
Fair Board. Noting that Fair Director Geoff Hinds has accepted a position with Cheyenne
Frontier Days in Wyoming, he thanked him for six years of service and wished him well.
Commissioner Chang reported that yesterday's Public Health Advisory Board meeting
focused on vaccinations, the safety of flu and COVID19 vaccines, and concerns about
the availability of and access to vaccines.
The Board recognized Deputy County Administrator Whitney Hale for ten years of
service and expressed gratitude for her leadership, professionalism, advancement of
the culture of the organization, and ability to make good decisions.
Hale said it has been rewarding to invest in the community she grew up in.
County Administrator Nick Lelack added that Hale serves as the County's
Communications Director, has served as Human Resources Interim Director, and is
currently transitioning to take over the Risk Director role. He spoke highly of her skills
and contributions to the organization.
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
1. Authorize the submittal of an application for a Victims of Crime Act (VOCA) /
Criminal Fines Account (CFA) Grant
2. Approval to accept a grant from the Oregon Health Authority for Generation
Parent Management Training
3. Approval of a Notice of Intent to Award a contract to ORW Architecture for design
services of the Behavioral Health South County Remodel Project
4. Consideration of Board Signature on letters appointing Elizabeth Johnson,
Heather Laird, and Claudia Sarabia, for service on the Public Health Advisory
Board
5. Consideration of Board Signature on letter thanking Duncan Atwood, for service
on the Four Rivers Vector Control District Board
6. Consideration of Board Signature on letters reappointing Hunter Neubauer, Matt
Hurt and Andrew Aasen, and appointing Detective Anthony Ramos, for service on
the Cannabis Advisory Panel
7. Consideration of Board Signature on letter appointing Grant Solich, for service on
the Project Wildfire Steering Committee
BOCC MEETING SEPTEMBER 10, 2025 PAGE 2 OF 7
CHANG: Move Board approval of the Consent Agenda as presented
DEBONE: Second
VOTE: ADAI R: (absent)
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 2 - 0
Commissioner Chang asked that the District Attorney's Office or the Local Public
Safety Coordinating Council report on whether Oregon will receive its allocated
VOCA funding which is currently being withheld by the federal government.
Commissioner DeBone thanked Duncan Atwood for his service on the Four Rivers
Vector Control District Board.
ACTION ITEMS:
8. Emergency Management Performance Grant
DCSO Lieutenant Nathan Garibay explained the Emergency Management
Performance grant and how it would be used, including to update the County's
Hazard Mitigation Plan.
Commissioner Chang referred to questions regarding the future of FEMA and
whether federal funds will continue to be extended to Oregon for emergency
management.
Lt. Garibay reminded that the County is required by State law to have an emergency
management program, even in the absence of external funding. He pledged that
DCSO will continue to look for any efficiencies that can be realized to lower costs.
Commissioner Chang spoke to FEMA's role and suggested reaching out to the
County's Congressional delegation and appropriate federal officials about the
importance of funding local emergency management efforts.
Saying that the Association of Oregon Counties and the League of Oregon Cities
may be advocating on this subject, Lt. Garibay offered to support such efforts.
CHANG: Move to authorize the Deschutes County Sheriff's Office to apply for and
accept, if awarded, an Emergency Management Performance Grant to
support the County's comprehensive emergency management program
DEBONE: Second
BOCC MEETING SEPTEMBER 10, 2025 PAGE 3 OF 7
a
VOTE: ADAIR: (absent)
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 2 - 0
Public Hearing: Property Line Adjustment / Minor Variance Text Amendments
Nicole Mardell, Senior Planner, outlined the procedures for the hearing.
The public hearing was opened at 9:26 am.
Mardell explained the proposed changes to County Code to remove the local
limitation of 10% for lot line adjustments, noting this conflicts with ORS 92.192. The
Planning Commission unanimously recommended approval of these changes.
• Adam Smith stated he has numerous clients who would likely benefit from
these changes and encouraged the Board to approve them.
There being no one else who wished to speak, the public hearing was closed at 9:33 am.
The Board decided to close the record and immediately proceed to approval of the
proposed legislation adopting these changes.
CHANG: Move approval of first and second readings of Ordinance No. 2025-017 by
title only
DEBONE: Second
VOTE: ADAIR: (absent)
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 2 - 0
Chair DeBone read the title of the ordinance into the record two times.
CHANG: Move adoption of Ordinance No. 2025-017 amending the Deschutes County
Code Title 18 in relation to procedural requirements for property line
adjustments and minor variances, by emergency to take effect immediately
DEBONE: Second
VOTE: ADAIR: (absent)
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 2 - 0
BOCC MEETING
SEPTEMBER 10, 2025
PAGE 4OF7
Chair DeBone acknowledged that even as the Board has adopted this ordinance by
emergency, it remains subject to appeal for a limited time.
10. Public Hearing: Farm and Forest Housekeeping Text Amendments
Senior Planner Nicole Mardell outlined the procedures for the hearing.
The public hearing was opened at 9:39 am.
Mardell explained the proposed changes which result from the State's work to
update and modernize requirements associated with the zoning -based Farm and
Forest conservation programs which have been in place since 1973.
Commissioner DeBone noted that these changes follow the long-awaited receipt of
clarity from the State on certain uses.
Adam Smith requested that the written record be left open as the draft
language could result in the State's farm impacts test being applied to more
properties than required. He said a minor wording change could likely clarify
the correct applicability of this test.
Will Groves, Planning Manager, agreed that the impacts test may not apply to all
conditional uses and that a simple text change could resolve this issue.
There being no one else who wished to speak, the public hearing was closed at 9:50 am.
The Board decided to close the oral record at this time and leave the written record
open for one week until 4 pm on Wednesday, September 17t"
Commissioner Chang recapped that local jurisdictions will receive additional
direction from the State at a later time with regard to regulations for farmstands.
11. Consideration of first reading of Ordinance No. 2025-018: Dark Skies Text
Amendments
Tanya Saltzman, Senior Planner, presented the draft ordinance and reviewed the
changes made following the public hearing before the Board on August 27t"
Discussion ensued of the three-year timeframe allowed for coming into compliance
and the annual exemption for seasonal holiday lighting between Thanksgiving and
January 151n
CHANG: Move approval of first reading of Ordinance No. 2025-018 by title only
BOCC MEETING SEPTEMBER 10, 2025 PAGE 5 OF 7
12.
DEBONE: Second
VOTE: ADAI R: (absent)
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 2 - 0
Chair DeBone read the title of the ordinance into the record.
Eastern Oregon Solar Siting Rules / Options for Consideration for Exclusive
Farm Use and Forest Use Zones
Tanya Saltzman, Senior Planner, reported that on June 26, 2025, the State adopted a
new solar siting rule which will take effect on January 1, 2026. She explained the
reason for the new rule, reviewed the three options before the County, and said
Deschutes County has approved six solar facilities to date, five of which have been
developed. She said data is lacking to determine the eligibility of properties for the
new siting rule and produced a map which illustrated potential eligibility, stressing
that all necessary information is not available to determine actual eligibility.
Discussion ensued of what constitutes arable land and non -arable land.
Commissioner Chang noted that because every application submitted for a solar
farm project has been approved, it appears that Deschutes County's existing
process is meeting its needs. He added that it is not known if the County would want
to allow solar farms on arable lands.
Saying that no decision is needed on this matter today, Community Development
Director Peter Gutowsky reviewed the options before the Board and said choosing
to opt out of the new rule would not preclude a future BOCC from reconsidering
that decision should the market change and opportunities arise.
Commissioner Chang noted that two different solar power developers have
approached the County regarding the possible lease of approximately 500 County -
owned acres on the north side of Bend for a solar facility. Planning Manager Will
Groves said whether those properties qualify for a solar facility is not known, but
that question could be analyzed by staff.
Gutowsky differentiated between Options 1 and 2, saying that the latter would give
the County greater discretion moving forward.
Commissioner Chang referred to increased demands for more electricity and stated
his appreciation for the opportunity to generate clean, renewable energy locally. He
BOCC MEETING SEPTEMBER 10, 2025 PAGE 6 OF 7
did not see the use of considering Option 3 due to the low likelihood of any property
being eligible.
Commissioner DeBone said these rules are intended for counties such as Wasco
and Jefferson with little to no impact anticipated for Deschutes County. He noted
the need for batteries to store solar -produced energy and spoke to efforts to
develop geo-thermal energy at Newberry which would require significant
investment yet have the possibility of producing a large amount of energy.
Commissioner Chang referred to the upcoming AOC District 2 meeting where
representatives from Deschutes County can discuss this matter with representatives
from other counties. He acknowledged a letter from Central Oregon LanclWatch
advising the BOCC to enact Option 2 or Option 3.
Commissioner Chang requested a map of Forest -zoned lands and another that
shows Goal 5 wildlife protection overlay areas.
OTHER ITEMS: None
EXECUTIVE SESSION:
At 10:54 am, the Board convened as the Governing Body of the 9-1-1 Service District and
subsequently entered Executive Session under ORS 192.660 (2) (d) Labor Negotiations.
The Board exited Executive Session at 11:03 am and instructed staff to proceed as directed.
The Board then reconvened as the Governing Body of Deschutes County.
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 11:03 am.
DATED this I Day of ® C - 2025 for the Deschutes County Board of Commissioners.
ATTEST:
RECORDING
C`ANTHONY DEBONE, CHAIR
PATTI ADAIR, VICE CHAIR
PHIL CHANG, COMMISSIONER
BOCC MEETING SEPTEMBER 10, 2025 PAGE 7 OF 7
ES CO
BOARD OF
COMMISSIONERS
MEETING DATE: September 10, 2025
SUBJECT: Victims of Crime Act (VOCA) / Criminal Fines Account (CFA) Grant
RECOMMENDED MOTION:
Move to authorize the submittal of an application for the Victims of Crime Act (VOCA) /
Criminal Fines Account (CFA) grant from the Oregon Department of Justice.
BACKGROUND AND POLICY IMPLICATIONS:
VOCA/CFA is a non-competitive formula grant provided to assist in funding Victims
Assistance Programs. This funding will renew existing funding already established in the
Victims Assistance Program and already budgeted for in FY26.
This funding will extend two limited duration employees within the Victims Assistance
Program: Position #'s 1981 (1.OFTE), and 2153 (0.7 FTE) due to term on 9/30/2025.
BUDGET IMPACTS:
FTE funding was included in our FY26 budget. Total expected revenue for the duration of
the one-year grant cycle (10/1 /2025-9/30/2026) will be:
• VOCA: $106,562
• CFA: $112,198
There is no requirement for matching funds.
It's anticipated that the grant will be formally approved by 9/30/2025. If it is not, the District
Attorney's office will seek an extension for the limited duration FTEs for up to three months
pending approval, expiring on 12/31/2025.
ATTENDANCE:
Jessica Chandler, DA Business Manager
OREGON DEPARTMENT OF JUSTICE
2025 - 2026
Victims of Crime Act (VOCA)
Criminal Fine Account (CFA)
Non -Competitive Program Grant
Request for Application (RFA)
Applications Due: August 25t", 2025
Attorney General Dan Rayfield
Oregon Department of Justice
Crime Victim and Survivor Services Division
1162 Court Street NE
Salem, OR 97301-4096
I
Opportunity Type: Victim of Crime Act (VOCA) Non -Competitive and Criminal
Fines Act (CFA) funds. For the purpose of this RFA, this grant
opportunity will be referred to as the VOCA CFA GRANT.
RFA Release Date: July 21, 2025
RFA Deadline: APPLICATIONS DUE: August 25t", 2025, by 4:59pm PDT.
Award Period: October 1, 2025 — September 30, 2026
Number of Grants: 38
Matching Requirement: The required 25% match will be waived through September 30,
2026. CFA award does not require matching funds
E-Grants Initiation: Applications will be initiated, completed, and submitted by
the applicant.
Application Teleconference
Calls: July 24 & July 30. See page 6 for details
ODOJ CVSSD Contact Oregon Department of Justice
Information Crime Victim and Survivor Services Division
1162 Court Street NE
Salem, Oregon 97301-4096
Main Office: 503-378-5348
CVSSD Email: cvssd@doi.oregon.gov
Webpage: https://www.doi.state.or.us/crime-victims/
SECTION I: RESOURCES FOR THIS APPLICATION.......................................................................1
Resources for Request for Applications (RFA)...........................................................................
1
Amendmentsto the Application...................................................................................................
1
VOCA CFA Application Teleconference Schedule.....................................................................
2
Timetable for Application Review and Grant Awards.................................................................
3
ContactInformation.....................................................................................................................
3
SECTION II: REQUIREMENTS FOR ALL ODOJ CVSSD FUNDS ....................................................... 4
A. Eligibility..............................................................................................................................4
B. Common Requirements........................................................................................................
4
C. Possible Outcomes of Non-Compliance...............................................................................
5
SECTION III: OVERVIEW OF VOCA CFA FUNDS.......................................................................... 6
A. Introduction..........................................................................................................................
6
B. Purpose.................................................................................................................................
6
C. Priority Areas.......................................................................................................................
7
D. Direct Services.....................................................................................................................
7
E. Specific Requirements for the VOCA CFA.........................................................................
7
F. VOCA Eligibility Requirements..........................................................................................
8
G. Criminal Fines Act (CFA) Eligibility Requirements.........................................................
10
H. ODOJ CVSSD State Funding Requirements.....................................................................
10
I. Match Requirements (Not Applicable for Tribal Nations) ................................................
12
J. Availability and Duration of Funding................................................................................
12
K. 2025-2026 Grant Award Allocations.................................................................................
12
L. Award Conditions...............................................................................................................
12
SECTION IV: GENERAL APPLICATION & E-GRANTS GUIDELINES ..............................................
14
SECTION V: MONITORING, REPORTING, ANd financial REQUIREMENTS .................................
16
A. Grant Monitoring................................................................................................................
16
B. Default................................................................................................................................17
C. Performance Measures.......................................................................................................
17
D. Progress Reporting Requirements......................................................................................
18
E. Financial Reporting Requirements.....................................................................................
19
SECTION VI: SUBMISSION INFORMATION..............................................................................
19
SECTION VII: Review of APPLICATION AND AWARD DECISIONS .............................................
20
A. Application Review Process...............................................................................................
20
B. Reservations of Rights........................................................................................................
20
C. Review of ODOJ CVSSD Award Decisions......................................................................
20
APPENDIX A: GLOSSARY OF TERMS.......................................................................................
22
Resources for Request for Applications (RFA)
Throughout this document, the Oregon Department of Justice -Crime Victim and Survivor
Services Division is referred to as ODOJ CVSSD. The 2025-2026 VOCA Criminal Fine Act Grant
Funds Request for Applications is referred to as the 'VOCA CFA' or the 'RFA'.
The ODOJ CVSSD E-Grant Application Instructions provide guidance for each line item in the
application. The Instructions can be found on the landing page or the Forms Menu in the E-
Grants VOCA CFA Application Menu.
The ODOJ CVSSD E-Grant Applicant User Guide answers questions about navigating the
system. The Guide can be found at dog. state. or. us/wp-content/uploads/2022/08/E-
Grants Applicant User Guide.pdf
New to E-Grants? Watch a recorded training webinar about E-Grants.
• https://youtu.be/zwWWrik7ND8 (E-Grants Training with ASL)
• https://youtu.be/wimmAQyzUMw (E-Grants Training without ASL)
VOCA Guidelines are posted in the top section of "View Forms" in the VOCA-CFA Application
Menu.
VOCA Allowable & Unallowable Costs are referenced in the VOCA Handbook and ODOJ CVSSD
Website. They are also located on the application menu.
Amendments to the Application
ODOJ CVSSD may amend this 2025-2026 VOCA CFA Request for Applications. Amendment(s)
are on the Application Menu, directly below "Request for Applications".
Applicants are responsible to enter and save all application information in the ODOJ CVSSD E-
Grants system. ODOJ CVSSD accepts no responsibility for applicants who miss or fail to provide
information in the VOCA-CFA Application and the E-Grants system.
Applicants may submit formal requests for clarification of a provision in this RFA. Requests
must be submitted by email or telephone to one of the Fund Coordinators listed above.
Requests must be received by August 4th, 2025, to be considered. ODOJ CVSSD will promptly
respond to each formal request for clarification. Formal requests for clarifications received
after this date may or may not receive a response based on the sole discretion of ODOJ CVSSD.
ODOJ CVSSD may also informally respond to applicants' questions with responses that do not
affect the provisions of the 2025-2026 VOCA-CFA Application.
2025-2026 VOCA CFA RFA I Page 1
VOCA CFA Application Teleconference Schedule
Applicants are strongly encouraged to attend one of the two teleconference/on-line sessions
listed below. Applicants may choose either date. No registration is necessary.
Join ZoomGov Meeting #1
https://www.zoomgov.com/i/1602215329?
pwd=UiHoJOnnmEC2xaUVea9LSvatitDLio.1
Meeting ID: 160 2215329
Passcode: 735862
July 24, 2025 10:00am — 11:30am ---
Thursday
One tap mobile
+16692545252„1602215329#,,,,*735862#
US (San Jose)
+16692161590„1602215329#,,,,*735862#
US (San Jose)
Join ZoomGov Meeting #2
https://www.zoomgov.com/i/1600015777?
pwd=SDVOb9izD29W6lUmZ0isvvVIghu8VT.
1
July 30, 2025 Meeting ID: 160 0015777
Wednesday 1:30pm — 3:00pm Passcode: 096561
One tap mobile
+16692545252„1600015777#,,,,*096561#
US (San Jose)
+16692161590„1600015777#,,,,*096561#
US (San Jose)
ODOJ CVSSD is committed to providing universal access to all grant applicants. If you require an
accommodation to participate in a virtual session, please contact Maria Ruiz Ceja by phone at
503-378-8435 or email maria.ruizceia@doi.oregon.gov. Identify the session you will attend and
the accommodation you require. Closed Captioning, ASL Interpreters, and Spoken Language
Interpreters are examples of accommodations that will be provided upon request. We will make
reasonable efforts to accommodate requests. As much advance notice as possible will help us
provide seamless access.
2025-2026 VOCA CFA RFA I Page 2
Timetable for Application Review and grant Awards
July 21
VOCA /CFA application released
July 24 & 30
RFA informational teleconferences.
August 4
Final changes/amendments to the application POSTED
August 25
Application DUE no later than 4:59pm PDT
September 17
Award recommendations to ODOJ CVSSD Director
October 1
2025-2027 VOCA/CFA grant award period begins
Contact Information
Ben Bradshaw
(971) 301-0241
Benjamin.Bradshaw@doi.oregon.gov
Eleana Chase
(503) 428-3711
Eleana.Chase@doi.oregon.gov
Diana Fleming
(503) 884-5548
Diana.L.Fleming@doj.oregon.gov
Marjorie Glick
(971) 239-8338
Marjorie.Glick@doi.oregon.gov
Mackenzie Gray
(503) 378-5647
Mackenzie. E.Gray@doi.oregon.gov
Christine Heyen
(503) 884-5737
Christine.P.Heyen@doi.oregon.gov
Mike Maryanov
(503) 269-9628
Mike.V.Maryanov@doi.oregon.gov
Twila Rosenberg
(503) 884-6799
Twila.Rosenberg@doj.oregon.gov
Shawna Smith
(503) 378-6773
Shawna.Smith@doi.oregon.gov
Libby Villa
(503) 798-3253
Libby.Villa@doj.orggon.gov
Letetia Wilson
(503) 931-1775
1 Letetia.Wilson@doj.oregon.gov
Kim Kennedy 1 (503) 378-5178 I Kim.Kennedy@doi.oregon.gov
Terri Johnson
(503) 378-4548
Terri.Johnson@doi.oregon.gov
Maria Ruiz Ceja
(503) 378-8435
Maria.RuizCeia@doi.oregon.gov
Amanda Shinkle
(503) 378-6870
Amanda. L.Shinkle@doj.oregon.gov
Amanda Vidana
(971) 433-9344
Amanda.Vidana@doi•oregon.gov
2025-2026 VOCA CFA RFA j Page 3
ODOJ CVSSD has established universal requirements for any application for state and federal grant
funds administered by ODOJ CVSSD. These requirements include:
A. Eligibility
To be eligible for this funding through ODOJ CVSSD, applicants must meet all eligibility criteria
listed in Section III of this RFA.
B. Common Requirements
1. Provide meaningful access to effective services supported by ODOJ CVSSD funds
All applicants must have written plans or other materials to describe how they provide
meaningful access to effective services. At minimum, plans must describe how the
applicant will:
a. Provide timely information to victims/survivors for them to make informed decisions
about their situation.
b. Provide timely information to victims/survivors on how to apply for Crime Victim
Compensation.
c. Provide services at no cost to victims/survivors, and guarantee that services are
voluntary for victims/survivors.
d. Design and deliver services that are victim/survivor-centered and trauma -informed
and will create safe and welcoming environments.
e. Engage in planning and coordination of services with other providers in advance of
working together to assist victims/survivors.
f. Follow a referral process that cares for and serves the best interest of
victims/survivors. Referrals must ensure that victims/survivors feel supported while
being connected to other services. Referrals are "warm hand-offs" not "drop-offs".
g. Establish policies and procedures that create a solid foundation -for providing effective
victim services.
2. Engage people and communities to build awareness, trust, and understanding, and to
strengthen relationships.
All applicants must have written plans or other materials to describe how they engage the
people they serve and their surrounding communities to build awareness, trust, and
understanding, and to strengthen relationships. At minimum, plans must describe how the
applicant will:
a. Gather insights from and learn about the people and communities who have the most
needs.
b. Get community input from all kinds of people who might seek victim/survivor services.
c. Tap into local networks and engage in peer -to -peer dialogue to share knowledge and
resources.
2025-2026 VOCA CFA RFA I Page 4
d. Involve leadership and staff in developing and implementing plans for engagement and
community feedback.
e. Build awareness within the community about victim/survivor rights, protections, and
services.
3. Confidentiality and Advocate -Victim Privilege
Such requirements are mandated by state and federal law and required by ODOJ CVSSD.
The laws are considered best practice to protect victim privacy and are consistent with
other confidentiality provisions. See also specific sections of this RFA regarding state and
federal funds and ODOJ CVSSD's Advocate Privilege and Confidentiality Requirements.
4. Effective Services and Sound Administrative and Financial Management
Applicants must demonstrate that the program is effectively delivering services that are
meaningfully accessible to all survivors and effectively managing the administrative and
financial resources of the organization. This includes:
a. Plans that describe how the applicant provides meaningful access to effective services
per Section II.B.
b. Administrative and financial risk assessments are completed and submitted with this
application.
c. Financial and progress reports are true, accurate, timely, and complete financial and
progress reports.
d. Participation in ODOJ CVSSD conducts regular monitoring (Financial Report
Verifications, Administrative & Financial Desk Reviews, and Site Visits).
e. True and accurate financial records kept in accordance with Generally Accepted
Accounting Principles (GAAP) and federal Uniform Guidance.
5. Training
All grant -funded staff, volunteers/interns, and board/governing body members are trained
as appropriate as outlined in this RFA.
6. Compliance with Relevant State and Federal Laws
Applicants must comply with relevant federal and state laws. These include civil rights laws
and regulations prohibiting discrimination in federally assisted programs or activities (i.e.,
Civil Rights Act of 1964, Equal Employment Opportunity Act of 1972, Americans with
Disabilities Act of 1990, Limited English Proficiency guidelines), state insurance
requirements, and Uniform Guidance 2 CFR Part 200.
7. Compliance with Fund Specific Guidance in this RFA
C. Possible Outcomes of Non -Compliance
ODOJ CVSSD is responsible for ensuring that a subrecipient is in compliance with the general
or specific terms and conditions of an award. If a determination of non-compliance is made,
ODOJ CVSSD will take one or more of the following actions in accordance with 2 CFR Part 200
and the ODOJ CVSSD grant agreement.
1. Perform additional project monitoring.
2. Establish corrective action plan(s) to address areas of concern.
2025-2026 VOCA CFA RFA I Page 5
3. Require the subrecipient to obtain technical or management assistance.
4. Place special conditions on subrecipient with moderate to high risk assessment scores.
5. Require payments as reimbursements rather than advance payments.
6. Perform monthly check -ins with fund coordinator.
7. Require monthly financial or progress reporting, or supplemental reports as requested
by the fund coordinator.
8. Temporarily withhold cash payments pending correction of a deficiency.
9. Disallow all or part of the cost of an activity or action not in compliance.
10. Wholly or partially suspend or terminate the award.
11. Withhold further awards for the project or program.
12. Take other remedies that may be legally available.
A. Introduction
The Oregon Department of Justice Crime Victim and Survivor Services Division (ODOJ CVSSD) is
the State Administrative Agency (SAA) for the Victims of Crime Act (VOCA) grant programs as
authorized by ORS 147.231. Created as part of VOCA, the Crime Victims Fund is made up entirely
of fines, fees and other monetary penalties paid by federal criminal offenders.
The Crime Victims Fund established by the VOCA is a major funding source for victim services
throughout Oregon. VOCA was passed by Congress and signed into law by President Reagan on
October 12, 1984. This Act serves as the central source of federal support providing direct services
to victims of all types of crimes. VOCA funds are granted annually to each state by the U.S.
Department of Justice, Office for Victims of Crime (OVC). As the SAA, ODOJ CVSSD sub -grants
funds to victim service organizations throughout the state.
Since 2015 when Congress first took an unprecedented step forward to meet the critical needs of
our nation's crime victims by increasing the VOCA cap, Oregon began to address the gaps and
needs of victims throughout the state. Traditionally, funding has been sufficient to support FTE
for core services, however, with that increase in VOCA funding, the state was able to: (1) Build the
field's capacity to better serve victims; (2) Begin to address long standing issues in the field; and
(3) Identify emerging issues across the state.
This 2025-2026 VOCA CFA Grant opportunity is a request for eligible applicants to address
service delivery issues in Oregon and increase access to services for victims of crime.
B. Purpose
The primary purpose of the VOCA victim assistance grant program is to extend and enhance
services to victims of crime. The VOCA Federal Guidelines define services as those efforts that:
2025-2026 VOCA CFA RFA I Page 6
1. Respond to the emotional and physical needs of crime victims.
2. Assist primary and secondary victims of crime to stabilize their lives after victimization.
3. Assist victims to understand and participate in the criminal justice system.
4. Provide victims of crime with a measure of safety and security (e.g., boarding -up broken
windows, replacing or repairing locks).
For the purposes of this program, a crime victim is "a person who has suffered physical, sexual,
financial or emotional harm as a result of the commission of a crime." This includes victims of city,
county, state, federal and tribal crimes.
C. Priority Areas
To comply with the conditions of the Victims of Crime Act of 1984, Office for Victims of Crime
(OVC) requires states to allocate at least 10% of its annual VOCA assistance grant to go to victim
services in the following priority categories: domestic violence, child abuse, sexual assault, and
previously underserved victims of violent crime. An additional 10% of VOCA funds are allocated
to general victim services as determined by the ODOJ CVSSD Advisory Committee.
An underserved crime victim is a victim of a violent or other traumatic act that is criminal in nature,
as defined by state, tribal, military, or federal statute, who does not receive adequate services and
support or who lacks understanding of, or access to, statutorily or constitutionally defined legal
rights. Victims may be considered underserved by the type of crime they have experienced (e.g.,
victims of elder abuse) or geographical location. Victim services may be available in a community
but may not be accessible or may be complicated by overlapping or complex jurisdictional issues.
D. Direct Services
VOCA funds are intended to provide direct services to victims and survivors of crime; direct
services are those activities that directly benefit individual crime victims and survivors. Services
include, but are not limited to, crisis intervention services; emergency services such as temporary
shelter for crime victims and survivors; support services that may include mental health therapy;
criminal justice related services; assisting crime victims and survivors with managing practical
problems created by the victimization such as acting on behalf of the victim/survivor with
creditors and employers; assisting crime victims and survivors with applying for compensation
benefits, and providing opportunities for victims and survivors to meet with perpetrators, if so
requested by the victim/survivor. VOCA funds may also be used for salary, fringe benefits, and
training for staff positions that provide direct services, and operating expenses essential to
providing direct services.
Please note that VOCA funds cannot be used to raise the public's consciousness or to educate
regarding victim issues. Funds can be used to promote public awareness for matters of describing
services available, how to access program assistance and to identify and refer crime victims and
survivors to needed services.
E. Specific Requirements for the VOCA CFA
By submitting an application, the applicant signifies its intent to comply with the requirements
2025-2026 VOCA CFA RFA I Page 7
described here in Section III.B. of this RFA which are, 1) to provide meaningful access to effective
services, and 2) to engage people and communities to build awareness, trust, and understanding,
and to strengthen relationships.
1. Meaningful Access to Effective Services
Meaningful access to effective services for all victims and survivors is a longstanding value
of the VOCA CFA Grant funds. ODOJ CVSSD recognizes effective services as victim and
survivor centered, trauma -informed, and responsive to a victim's unique needs. Victims &
survivors have the right to self-determination and to make informed decisions about the
services they receive. This can only happen when organizations and programs respect
survivors' unique needs and assist them in obtaining and providing services that meet
these unique needs.
Victims and survivors must be able to express themselves in their preferred language and
to receive the necessary accommodations for them to fully participate in services.
Referrals should always be "warm hand offs" not "cold drop offs" and made with the
consent of the victim or survivor. More importantly, organizations and programs must
continue its services with a victim or survivor while it works with another provider to serve
that person. This is especially true when working in partnership with population specific
organizations and Tribal Nations programs.
Services to victims and survivors must be voluntary and provided at no charge to the
survivor. Each source of funding within the VOCA CFA Grant identifies its own
requirements for allowable services. Refer to fund -specific information and guidelines to
learn more.
2. Effective and Responsive Services
All applicants are expected to provide services that are respectful of, and relevant to, the
unique needs and characteristics of all victim and survivor populations within
communities. ODOJ CVSSD expects that applicants provide training for staff, and
volunteers about the unique impact of Interpersonal Violence, Hate and Bias, and other
criminal victimization on various populations and to improve capacity for responsive
services for all populations in the community.
F. VOCA Eligibility Requirements
Eligibility is limited to applicants that are currently receiving VOCA CFA Grant funds.
Subrecipients of VOCA funds must:
1. Demonstrate a documented history of providing effective services to victims of crime;
2. Contribute a match of the total project cost from non-federal funds. Match is 25% of
the federal amount received and can be in -kind or cash. Exceptions to this project
match requirement are federally recognized American Indian or Alaska native tribes,
or projects that operate on tribal lands;
3. Show substantial financial support from sources other than the Crime Victims Fund. A
subrecipient has substantial financial support from sources other than the Crime
2025-2026 VOCA CFA RFA I Page 8
Victims Fund when at least 25% of the program's funding in the year of or the year
preceding the award comes from such sources, which may include other federal
funding programs;
4. Use volunteers within the organization/program, unless waived by ODOJ CVSSD;
5. Promote a collaborative coordinated approach for serving crime victims and survivors
within the community;
6. Assist crime victim survivors in applying for crime victim compensation benefits;
7. Provide services to victims of federal crimes on the same basis as to victims of crimes
under State or local law;
8. Provide VOCA funded services for victims and survivors at no cost to the
victim/survivor;
9. Maintain the confidentiality of client -counselor information, as required by state and
federal law; and
10. Reasonably protect the confidentiality and privacy of persons receiving services under
the project to the extent permitted by law.
In addition to the requirements listed above, all VOCA subrecipients are expected to:
1. Comply with Federal Rules Regulating Grants. Subrecipients must comply with the
applicable provisions of VOCA, the Program Guidelines, and the requirements of the OJP
Financial Guide which includes maintaining appropriate programmatic and financial
records that fully disclose the amount and disposition of VOCA funds received. This
includes financial documentation for disbursements; daily time and attendance records
specifying time devoted to allowable VOCA victim services; client files; the portion of the
project supplied by other sources of revenue; job descriptions; contracts for services; and
other records which facilitate an effective audit.
2. Maintain Civil Rights Requirements. The ODOJ CVSSD Civil Rights Requirements webpage,
provides information and links that will assist subrecipients in complying with three
mandatory federal processes. These include:
• Civil rights laws and regulations prohibiting discrimination in federally assisted
programs or activities;
• Limited English Proficiency (LEP) guidelines; and,
• Equal Employment Opportunity Plans (EEOP). Non-profit organizations and Tribal
Nations are exempt from the EEOP requirements but must complete the EEOP form
included as a Grant Agreement Exhibit and submit a Certification Form using the
EEO Reporting System found at EEOP Notice I Office of Justice Programs.
These processes include notification of nondiscrimination policy, responding to
discrimination complaints, and civil rights training and are required of subrecipients of
VOCA funding through ODOJ CVSSD. Civil Rights Training Certification is required to be
updated every two years and uploaded in E-Grants before the grant agreement is signed.
3. Comply with the VOCA Grant Management Handbook and with VOCA rules, 28 CFR Part
94: Victims of Crime Act Victim Assistance Program as written in the Federal Register, Vol.
81, No 131.
2025-2026 VOCA CFA RFA I Page 9
4. Comply with the Assurances and Certifications. Subrecipients must meet the terms of the
Certified Assurances and other federal rules regulating grants, including non -supplanting
and the Certifications regarding lobbying, debarment, suspension and other responsibility
matters, and drug -free workplace requirements.
5. Comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006.
As of January 1, 2009, all recipients of Federal VOCA funds, and their sub -contractors, must
comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. All
applicants are required to register with the System for Award Management (SAM), if you
have not already done so. Information about SAM registration procedures can be accessed
at: www.sam.gov.
G. Criminal Fines Act (CFA) Eligibility Requirements
Statutory Requirements for PROSECUTION -BASED Victim Assistance Programs
Under the Oregon Revised Statute (ORS) Chapter 147.227, programs are to provide
comprehensive services to victims of all types of crime in order to meet the eligibility criteria of
these funds. The requirements under the Statute give service priority to serious crimes against
persons, and calls on victims' assistance programs to collaborate with community -based and
government agencies to benefit victims. Victim service professionals are required to provide the
Core Services listed below. Each eligible applicant will be required to submit a signed Certificate
of District/City Attorney and Program Director form certifying that their county/city program
meets all of the requirements cited in ORS 147.227. The certification form can be downloaded
from E-Grants, signed and must be uploaded as directed in E-Grants on Form H: Other
Attachments.
1. Inform victims, as soon as practicable, of their rights under Oregon law;
2. Advocate for victims of serious person crimes as they move through the criminal justice
system and advocate, when requested, for all other victims of crime;
3. Involve victims, when practicable or legally required, in the decision -making process in
the criminal justice system;
4. Ensure that victims are informed, upon request, of the status of the criminal case
involving the victim;
5. Assist victims in preparing and submitting crime victims' compensation program claims
to the Department of Justice under ORS 147.005 to 147.367;
6. Assist victims in preparing and submitting restitution documentation for purposes of
obtaining a restitution order;
7. Prepare victims for court hearings by informing them of the procedures involved;
8. Assist victims with the logistics related to court appearances when practicable and
requested;
9. Accompany victims to court hearings when practicable and requested;
10. Encourage and facilitate victims' testimony; and
11. Inform victims of the processes to request the return of property held as evidence.
H. ODOJ CVSSD State Funding Requirements
2025-2026 VOCA CFA RFA I Page 10
Applicants eligible for these funds must fulfill the following ODOJ CVSSD requirements:
1. Access to Effective Services: Ensure meaningful access to services for all victims of crime
across the State by responding appropriately to requests for assistance (ie: completion of
compensation claims, child abuse medical assessments, etc.). In addition, those agencies
whose primary services are focused on a specific area of victim assistance must be able to
describe how they directly link victims whose needs may be beyond their expertise to the
appropriate community partner agency.
2. Good Fiscal Management: Maintain adequate funding, keep financial records and comply
with grant reporting requirements. Applicants with deficiencies in timely and accurate
reporting in previous grants may receive conditional grants and be required to submit
additional information addressing those deficiencies before a grant is awarded.
3. Financial, Data and Outcome Reporting: Submit quarterly financial, statistical and
outcome measures reports and narrative reports on services provided specific to the staff
positions supported by those funds.
4. Confidentiality Policies and/or Procedures: Maintain and enforce policies and procedures
that protect the confidentiality and privacy of persons receiving services and that prohibit
disclosure of Personally Identifying Information (PII) or individual information collected in
connection with services requested, used, or denied without the informed, written,
reasonably time -limited consent of the person whose information will be disclosed. Non -
personally identifying information may be shared in the aggregate for reporting purposes.
Policies will be reviewed during site visits. You must become familiar with and adhere to
the PH Breach policy; policy and forms are located on the QDOJ CVSSD Website.
5. Compliance with Relevant Federal and State Laws (Civil Rights, ADA, etc.): By submitting
the 2025-2026 VOCA/CFA Grant application, applicants signify it is their intent to comply
with all relevant federal and state laws.
6. Insurance Requirements: Maintain Worker's Compensation and General Liability
insurance and other insurance as specified in the Grant Agreement. ODOJ CVSSD does not
collect Certificates of Insurance, but they may request verification during a site visit.
7. Training Requirements: Provide training to all grant -funded staff, volunteers/interns and
board/governing body members, as appropriate and outlined by ODOJ CVSSD. Prior to
victim contact, staff and volunteers must be assessed by a supervisor for their readiness
to provide direct advocacy services. Applicants will demonstrate their methodology for
evaluation of staff and volunteer compliance with training requirements during site visits.
The Staff Roster and the Board/Governing Body Roster in the E-Grants system both require
information on completion of training requirements for each staff person and
board/governing body member. Training requirements are posted on the ODOJ CVSSD
website at Grant Guidance Documents - Oregon Department of Justice.
2025-2026 VOCA CFA RFA I Page 11
I. Match Requirements (Not Applicable for Tribal Nations)
OVC requires VOCA funded projects include a matching contribution of 25% of the awarded VOCA
grant funds. Match contribution may be cash or in -kind and must be derived from nonfederal
sources/funds. VOCA match may include state or local funds, foundation grants, private donations
of cash, services or goods, etc.
ODOJ CVSSD will continue offering a blanket match waiver for 100% of applicants match
requirement on this VOCA 2025-2026 Award. This blanket waiver is incorporated into your E-
Grants application and does not require you to complete an ODOJ CVSSD Match Waiver request.
J. Availability and Duration of Funding
The grant cycle of the 2025-2026 VOCA CFA Grant will be twelve (12) months. The grant period
is October 1, 2025, through September 30, 2026. Awards are contingent upon the availability of
appropriated funds through the US Department of Justice, Office for Victims of Crime.
K. 2025-2026 Grant Award Allocations
When allocations are determined, an allocation chart will be uploaded to the application menu is E-grants.
L. Award Conditions
Timely Completion of Grant Award Documents
All grant awards are made conditional upon the subrecipient's timely completion of grant award
documents. Funds are not considered obligated and will not be transferred until all required grant
award documents have been signed by the organization's/program's Authorized Signer and/or
the Board and Financial Officer. If all required grant award documents are not completed by an
applicant within three months of the notice to the applicant of the intended award, ODOJ CVSSD
may withdraw the award and has the authority to reallocate the conditionally awarded funds.
Before the ODOJ CVSSD will issue an award or release a payment, required reports for all existing
awards issued by ODOJ CVSSD must be completed. The schedule for reporting requirements
across all funds is located on the ODOJ CVSSD website: Important Grant Reporting Dates
Incomplete or Nonconforming Applications
The State of Oregon reserves the right to reject any or all grant proposals, to waive informalities
and minor irregularities in proposals received, and to accept any portion of the proposal or all
items proposed, if deemed in the best interest of the State of Oregon to do so. Failure of the
applicant to provide information requested in the application shall be the responsibility of the
applicant agency/program and may result in disqualification of the applicant. NOTE: The fact that
an applicant meets eligibility requirements and applies for eligible services does not guarantee
grant funding.
Conditional Awards
All grant agreements issued by ODOJ CVSSD include requirements that must be satisfied by both
parties to the agreement. In addition, ODOJ CVSSD may include additional conditions when
circumstances exist that require a further showing of applicant's ability to successfully manage an
2025-2026 VOCA CFA RFA I Page 12
award. Examples of such additional conditions include, but are not limited to, a requirement of
more frequent reporting to assure timeliness and accuracy, or additional reports to document
that the subrecipient is successfully addressing an area of concern. When additional conditions
are included in a grant agreement, the subrecipient's failure to satisfy those conditions shall be
governed by the default and termination provisions included in the agreement.
The applicant will be notified that the applicant's award will be finalized, and the sub -award
documents are executed only if the additional conditions are satisfied in a timely manner. The
notice shall specify the conditions to be satisfied by the applicant and the date by which each
condition must be satisfied. If the conditions are satisfied within the prescribed time frame, the
award will then be finalized, and award documents can be executed. Applicants who do not satisfy
award conditions by the date specified shall be notified in writing that the conditions have not
been satisfied and the conditional award has been withdrawn.
Payment of Awards
All payments are contingent upon funds being appropriated and available for distribution.
VOCA sub -award payments are quarterly and made on a reimbursement basis, meaning that grant
funds are paid to the subrecipient agency/program after expenditures have been made. Payments
to subrecipients are made when ODOJ CVSSD approves submitted quarterly Financial Reports,
accompanied by all required progress and statistical reports due for that reporting period. Sample
language as to the payment of VOCA awards and the conditions precedent to payment are
included in the sample ODOJ CVSSD VOCA Grant Agreement which can be viewed on the ODOJ
CVSSD website.
CFA grant award payments are made prospectively on a quarterly basis and not on a
reimbursement basis. During a 12-month grant award, the first of 4 equal quarterly payments will
be made upon the completion of all required grant documents, including execution of the ODOJ
CVSSD CFA Grant Agreement. Subsequent quarterly payments are made when ODOJ CVSSD
approves submitted quarterly Financial Reports accompanied by all required progress and
statistical reports due for that reporting period.
Unexpended Funds & De -obligation of Funds
Grant awards for the period October 1, 2025 — September 30, 2026, will not be extended beyond
the one (1) year award period.
VOCA: The VOCA Grant Agreement provides that grant funds not expended within the grant
term shall be deobligated and returned to ODOJ CVSSD. To the extent practicable and within
its discretion, ODOJ CVSSD may re -obligate such funds based on the allocation formula, taking
into consideration factors including: the amount of funds deobligated; the timing of the
deobligation; and the alternatives for reobligating the funds. To avoid deobligation of grant
funds, a grantee is encouraged to redirect funds in a timely manner as directed in the most
recent version of the VOCA Grant Management Handbook.
2025-2026 VOCA CFA RFA I Page 13
CFA: If a CFA funded Program does not expend all its allocated CFA funds for the period of time
described in the grant, the Administrator may permit an agency/program to retain a portion
or all the funds for use in a subsequent grant. The agency/program will be required to
demonstrate how those monies will be incorporated into the next year's program budget.
(OAR 137-078-0015 (7)).
The following information is to assist you in completing the 2025-2027 VOCA CFA Grant
Application for all eligible programs for the period October 1, 2025 — September 30, 2026. For
more specific support, please refer to the Application Instruction document.
Technical assistance can be obtained by:
• Accessing Application Form Instructions in the Request for Application section;
• Using the E-Grants Applicant User Guide;
• Contacting a ODOJ CVSSD Grant Fund Coordinators regarding application contents;
• Contacting E-Grants Help Desk at 1-866-449-1425 or azhelpdesk@agatesoftware.com.
KEY THINGS TO REMEMBER WHEN WORKING IN THE E-GRANTS SYSTEM:
The E-Grants system will not allow an application to be submitted with error messages on
any form within the application.
Remember to click "SAVE" frequently to save information you have entered. Do not wait
to complete the page before saving. There is no way to retrieve lost information.
For radial button selections, click once to mark or change your selection, double-click to
remove the selection completely.
Consider completing narrative sections in a word program and pasting it into the appropriate
section. E-Grants does not have a spell check feature and most text boxes have limited
character counts. Using these tools in Word may be helpful.
If the system is idle for an hour, it will time out. All unsaved information will be lost.
CVSSD recommends submitting the application at least 1-2 days prior to the DUE date to
avoid any unanticipated technical problems. LATE applications WILL NOT be accepted.
2025-2026 VOCA CFA RFA I Page 14
Applications must be electronically submitted through the ODOJ CVSSD E-Grants system. Once an
application is submitted it will become a "READ ONLY" document and cannot be changed. Late
applications will NOT be accepted. For information on `Submitting Your Application/ see the
CVSSD E-Grants Applicant User Guide.
Applications are due August 25t", 2025 by 4:59 p.m. PDT.
2025-2026 VOCA CFA RFA I Page 15
Grant Monitoring Process
State Request fux
State and Federal Administering ?Pltcattos
A Oregon Grant Award
Agency Funding Programs g 3ian Cornpeiative
DO1 CVSSD & GompetittYe
Monitoring Steps
• Every two years for non-competitive funds
• With each application for competitive funds
• Every two years
• Every four years
• Every four years
Possible Monitoring Outcomes
*No findings of r� •Potential
non-compliance concerns or areas
of weakness
*Findings of non-
compliance with
grant award
agreement
A. Grant Monitoring
ODOJ CVSSD monitors VOCA funding. ODOJ CVSSD monitors awards for compliance with
applicable federal and state guidelines, the ODOJ CVSSD Grant Monitoring Policy, the VOCA
Subaward Handbook, and the ODOJ CVSSD Grant Agreement. ODOJ CVSSD also monitors awards
2025-2026 VOCA CFA RFA I Page 16
to determine if subrecipients are 1) providing the services outlined in their grant applications and
awards, and 2) following their own established program policies and procedures. ODOJ CVSSD
accomplishes monitoring objectives through a variety of techniques including:
• Application reviews and modifications
• Special conditions of the ODOJ CVSSD grant agreement
• Financial and administrative risk assessments
• Financial and progress reports
• Financial report verifications
• Reviews of policies and procedures governing organizations' financial and administrative
management
• Conducting virtual interviews with and in -person visits to subrecipient organizations and
programs to evaluate program effectiveness
Monitoring may also include technical assistance and support for organizations seeking to
improve services and to develop fiscal, operational and programmatic capacity.
B. Default
All ODOJ CVSSD grant agreements provide that grantees who fail to meet any of the financial or
progress reporting requirements included in this section shall be considered in default under the
agreement. In such case, ODOJ CVSSD has the right to pursue remedies outlined in Section II.C.
of this RFA, the ODOJ CVSSD Grant Monitoring Policy, and in the ODOJ CVSSD grant agreement.
C. Performance Measures
All VOCA grant subrecipients are required to collect feedback on services provided using the
currently prescribed Common Outcome Measures listed below. The client feedback is not tied to
a specific VOCA funded project, but rather to ALL victim services provided by the program.
Programs are asked to collect client feedback from at least 10% of appropriate clients with the
goal of a 90% positive response.
Grantees are only obligated to survey appropriate clients and should specify which clients will be
surveyed via an internal, agency/program policy. Example: no clients in crisis would be
appropriate, whereas clients receiving follow-up services may be more appropriate to complete
the survey. Programs may use client feedback forms already in use in their agency.
For programs serving all victims of crime:
All applicants will conduct surveys to measure common outcomes across all services. Surveys
must ask survivors if they:
a. Provided me with services that helped me make informed choices about my situation.
b. As a result of the information that I received from the Victim Assistance Program, I
better understand my rights as a victim of crime.
c. The information given to me by the Victim Assistance Program helped me better
understand the criminal justice system process as it related to my case.
2025-2026 VOCA CFA RFA I Page 17
VOCA & CFA Statistical Reporting Requirement: ODOJ CVSSD Grant Agreement requires a
Grantee to report statistical data on a quarterly basis in the OVC-PMT and E-Grants. VOCA
ONLY stats are reported in PMT. CFA and ALL VAP stats are reported in E-Grants.
Additional information will be provided once there is an award. All statistical data must be
as accurate as possible. Therefore, grantees must be able to distinguish between new and
ongoing clients. It is essential that the proper data be collected and reported. If requested by
ODOJ CVSSD, all grantees must be able to verify their reported statistical data.
D. Progress Reporting Requirements
Applicants will submit progress reports every quarter through the ODOJ CVSSD E-Grants system.
Progress reports will include one or more of the following depending on the quarter schedule:
• Progress updates and descriptions of grant funded project activities
• ODOJ CVSSD Common Outcome Measures
• Office for Victims of Crime (OVC) Performance Measurement Tool (PMT)
Read about specific ODOJ CVSSD report requirements for 2025-2027 Non -Competitive VOCA
Funds.
NARRATIVE REPORTING:
Federal regulations require that each subrecipient must submit an annual narrative summary.
Narrative reports are not a substitute for other specifically required report information (i.e.,
reporting staff turnover, approval of specific expenditures, etc.). The narrative will be completed
in ODOJ CVSSD E-Grants and will include the following information.
• Information pertinent to the annual reporting period ending September 30th of each year;
• Any new issues that hinder victim assistance programs in assisting crime victims in applying
for crime victim compensation;
• Efforts to promote coordinated services;
• Efforts to serve federal crime victims;
• Notable activities to improve the delivery of services (i.e., needs assessments, training,
etc.);
• At least one anecdote or case history illustrating ways in which VOCA funds have been
used to assist crime victims; and
• Emerging issues or trends.
In addition to the questions above, grantees must respond to annual narrative questions that will
be submitted directly in the OVC PMT online system.
Federal Report Outcome Questions in the OVC PMT: The following questions will appear in the
OVC PMT due annually on OCTOBER 31Sc
• Number of requests for services that were unmet because of organizational capacity
issues; please explain.
• Does your program/agency formally survey clients for feedback on services received? All
VOCA subrecipients must say 'yes'.
2025-2026 VOCA CFA RFA I Page 18
• Number of surveys distributed (includes, but is not limited to, those distributed by hand,
mail or other method). Simply add up your quarterly numbers.
• Number of surveys completed. Simply add up your quarterly numbers.
• Please discuss some of the challenges your victim assistance program faced during the
Federal fiscal year. Be explicit as ODOJ CVSSD is aware that all agency/programs have some
challenges. Do not enter "no challenges."
E. Financial Reporting Requirements
Grantees must submit a quarterly Financial Report in E-grants. All required quarterly progress
reports must be submitted and accompany the financial report before the financial report will be
approved and processed for payment. In addition to any specified conditions, grantees must
adhere to the financial guidelines set forth in the fund specific ODOJ CVSSD Grant Agreement.
VOCA CFA grant applications MUST be submitted through the ODOJ CVSSD E-Grants
system. For instructions on how to submit your application, please review the
"Submitting your Application" section of the ODOJ CVSSD E-Grants Applicant User
Guide.
THE VOCA/CFA GRANT APPLICATION IS DUE:
August 25th, 2025 (Monday) by 4:59 pm, PDT
WHEN APPLICATIONS ARE SUBMITTED, THEY ARE ENTERED INTO A "READ-ONLY„
STATUS & CANNOT BE CHANGED.
AT THE DEADLINE TIME, E-GRANTS WILL LOCK THE SYSTEM
AND WILL NO LONGER ACCEPT APPLICATIONS.
2025-2026 VOCA CFA RFA I Page 19
A. Application Review Process
Applications are reviewed by ODOJ CVSSD staff and are evaluated using the criteria set forth in
this RFA. ODOJ CVSSD may seek clarification about or ask for additional information regarding an
application. ODOJ CVSSD may also require changes to an application prior to awarding grant funds
and within a stated time frame as instructed by the ODOJ CVSSD fund coordinator. In conjunction
with the review of applications for the 2025-2026 VOCA/CFA Funds, ODOJ CVSSD staff will factor
in the applicant's level of risk, previous performance, and compliance history with ODOJ CVSSD
grant funds. This includes timeliness, accuracy and truthfulness of progress and financial reports,
and information gathered during desk reviews and site visits. ODOJ CVSSD may consult their
advisory committees regarding applicants with a history of poor performance and non-
compliance, or applications that do not adequately meet the requirements outlined in this RFA.
Applications are approved for funding once a determination is made that the application
sufficiently meets the requirements outlined in this RFA.
B. Reservations of Rights
ODOJ CVSSD reserves the right to:
a. Seek further information, request clarifications about, or changes to applications, and to
make an award without further discussion of the applications submitted;
b. Reject any and all applications received by reason of this RFA, or to negotiate separately
in any manner necessary to serve the best interest of the public;
c. Determine, in their sole discretion, whether an application does or does not,
substantially comply with the requirements of the RFA; ai d
d. To waive any minor irregularity, informality, or non-conformance with the provisions or
procedures of this RFA.
C. Review of ODOJ CVSSD Award Decisions
Informal Review
Applicants may request informal feedback regarding their grant application within 90 days of
receiving notification of the award decision. Contact the ODOJ CVSSD Fund Coordinator assigned
to the application for additional information regarding this process.
Formal Review
An applicant has a right to review the award decision regarding its application. Each applicant is
informed of the review procedure if a no -fund or partial -fund decision is made regarding its
application. No applicant will be subject to reprisal for seeking a review of an award decision.
The following steps are recommended:
• An applicant may make a written request to the ODOJ CVSSD fund coordinator for a
review within 7 calendar days after receiving notification of the award decision.
• Upon receipt of a written request, ODOJ CVSSD will schedule a meeting with the
applicant within 14 calendar days.
2025-2026 VOCA CFA RFA I Page 20
• ODOJ CVSSD will notify the applicant of the result of the meeting within 5 calendar
days after the meeting is held.
• If the matter is not resolved through this process, the applicant may request a
review of the issue by the Attorney General or her designee. The applicant must
make a written request for further review within 7 calendar days following
notification of the meeting results described in this paragraph.
• Every effort will be made to have a final decision to the applicant within 14 days of
receipt of the final written request.
2025-2026 VOCA CFA RFA I Page 21
Appendix A: Glossary of Terms
Access To Services
The degree to which a service is available.
Address Confidentiality Program (ACP)
A program that helps protect the addresses of crime victims who need to stay safe by keeping
their location private.
Advocate
A victim advocate is a professional, whether paid or a volunteer, who provides support,
information, and resources to individuals who have experienced crime or trauma. They help
victims navigate the aftermath of a crime, including the criminal justice system, and assist them
in accessing services that promote healing and recovery.
Advocacy Services
Advocacy services are support systems that help individuals navigate the aftermath of crime and
the criminal justice system. These services are designed to provide emotional support,
information, and practical assistance to crime victims, ensuring their rights are understood and
protected.
Assistance in Filing Compensation Claims
Includes making victims aware of the availability of crime victim compensation and assisting the
victim in completing the required forms and in gathering the needed documentation. It may also
include follow-up contact with the victim compensation agency on behalf of the victim.
Bias Crime
A hate crime, known as Bias Crime under Oregon law, is a crime motivated in part or whole by
bias against another person's actual or perceived protected.
Bias Incident
A bias incident is any hostile expression that may be motivated by another person's actual or
perceived protected class. The act does not need to be a federal, state, tribal, or local crime.
Crime Victims Fund
A federal fund made up of fines and penalties paid by people who commit federal crimes. It is
used to help pay for services for crime victims.
Collaboration
Means a mutually beneficial and well-defined relationship entered into by two or more
organizations to achieve common goals. This relationship includes a commitment to mutual
relationships and goals, a jointly developed structure and shared responsibility; mutual authority
and accountability for success; and sharing of resources and rewards
2025-2026 VOCA CFA RFA I Page 22
Appendix A: Glossary of Terms
Crime Victim
For the purposes of this program, a crime victim is "a person who has suffered physical, sexual,
financial or emotional harm as a result of the commission of a crime."
Criminal Justice Support/Advocacy
Refers to law enforcement and prosecution investigation support, assistance during
investigation, and explanation of procedures, etc. Included in this definition are: court -related
support, i.e., court orientation, court escort, case appearance notification, case status and
disposition information, victim impact reports, assistance with restitution, witness fees,
intimidation or protection services, transportation, child care, property return, etc.; and post -
sentencing services following the disposition of a criminal court proceeding, including offender
release notification at the probation, parole, and pardon stages of the criminal justice system,
etc.
Dating Violence
Dating violence means violence committed by a person who is or has been in a social relationship
of a romantic or intimate nature with the victim and where the existence of such a relationship
shall be determined based on a consideration of the following factors: the length of the
relationship; the type of relationship; and the frequency of interaction between the persons
involved in the relationship. Partners that are married, living together, and have made other
commitments would not be considered dating violence. Teens who are dating and live apart are
an example of dating relationships.
Direct Services or Services to Victims of Crime:
Those services described in 42 U.S.C. 1O6O3(d)(2), and efforts that— (1) Respond to the
emotional, psychological, or physical needs of crime victims; (2) Assist victims to stabilize their
lives after victimization; (3) Assist victims to understand and participate in the criminal justice
system; or (4) Restore a measure of security and safety for the victim.
Domestic Violence
Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or
other abusive behavior as part of a systematic pattern of power and control perpetrated by one
intimate partner against another. It includes physical violence, sexual violence, psychological
violence, and emotional abuse. The frequency and severity of domestic violence can vary
dramatically; however, the one constant component of domestic violence is one partner's
consistent efforts to maintain power and control over the other.
Emergency Housing or Shelter
Refers to safe, confidential, and temporary housing or shelter provided to survivors and their
family members because of domestic violence, sexual assault, dating violence, or stalking.
Emergency housing or shelter is subject to capacity, availability, and suitability of available
resources. Emergency housing or shelter may be provided in shelter facilities and safe houses, or
through motel stays, rapid re -housing, housing stabilization, etc.
2025-2026 VOCA CFA RFA I Page 23
Appendix A: Glossary of Terms
Emergency Assistance
Services provided to survivors to meet basic needs and provide immediate safety, like
confidential housing, transportation, medical/legal advocacy, food.
Federal Victim of Crime
Refers to a victim of an offense in violation of a federal criminal statute or regulation, including,
but not limited to, offenses that occur in an area where the federal government has jurisdiction,
whether in the United States or abroad, such as Indian reservations, national parks, federal
buildings, and military installations.
Follow Up Advocacy Services
Follow up advocacy services are those requested by the survivor after the initial contact with an
advocate.
Information and Referral
Information and referral is a response to requests for information and/or referral regarding
community services with the provision of current and appropriate referrals to meet these needs.
Referrals shall include available culturally specific services and specialized services for historically
underserved populations. Whenever possible, referral information given to the survivor shall
include a contact name at the referral agency and specific service information.
Legal Advocacy
Legal advocacy means civil legal assistance provided by an advocate, not an attorney. Each
funding source has its own guidelines for civil legal assistance in matters of housing, family law,
public benefits, divorce, child custody and support, dependency, etc. as related to the
victimization and safety of the survivor. System Based Advocates provide criminal legal advocacy
and provide different services than Civil Legal Advocates.
Legal Services
Legal services are civil legal assistance provided by an attorney licensed to practice law or
certified to appear in court under the supervision of a licensed attorney. Each funding source has
its own guidelines for civil legal assistance in matters of housing, family law, public benefits,
divorce, child custody and support, dependency, etc. as related to the victimization and safety of
the survivor.
Non -Supplanting
A rule that says federal grant money must be used for new or expanded services, not to replace
existing state and/or local funding.
Outcome Measures
Ways to track if a programs services are making a difference for the clients they serve. ODOJ
CVSSD grant recipients do this through client feedback surveys.
Outreach
Outreach is a set of activities including community engagement, collaborative projects, speaking
2025-2026 VOCA CFA RFA I Page 24
Appendix A: Glossary of Terms
engagements, public service ads, printed materials, social media, and web sites designed to reach
potential users of services. The purpose of outreach is to engage people and communities to
build trust, understanding, and relationships. Outreach is especially important when engaging
people and communities from populations who typically do not access services.
Peer Support
Peer support means interactions, either through phone contact, peer -to -peer individual
meetings, and/or group sessions, that validate the experiences of survivors and do not blame
them, explore their options, build on strengths and respect their right to make their own
decisions.
Personally Identifiable Information (PII)
Personally Identifiable information means information that can be used to distinguish or trace an
individual's identity, either alone or when combined with other personal or identifying
information that is linked or linkable to a specific individual. PII for or about an individual
including information likely to disclose th-e location of a victim of domestic violence, dating
violence, sexual assault, or stalking.
Safety Planning
Any formal or informal, written or oral, conversation or process with a survivor through which an
advocate works with the survivor to identify and address risks, barriers or concerns regarding the
survivor's ability to be safe from domestic violence, sexual assault, dating violence and/or
stalking. The philosophy is to have decisions made in advance so if an emergency arises, there
are concrete plans in place to achieve, eliminate, or manage a safety threat. Safety planning is
offered as a direct service, over a crisis line, in shelter, and in conjunction with other services.
Secure And Stable Housing
Housing that does not jeopardize the health, safety, or welfare of survivors and that permits
access to electricity, heat, and running water. Specifically, housing that is confidential if necessary
and within the survivor's ability to maintain long term.
Sexual Assault
Sexual assault is any type of unwanted or nonconsensual sexual activity or contact. A sexual act
is non-consensual in the absence of ongoing affirmative consent, freely given without coercion.
Sexual assault can include rape, attempted rape, sexual coercion, voyeurism, exhibitionism,
sexual harassment, or threats, forcing someone to pose for sexual pictures, sending unwanted
texts or "sexts", etc.
Survivor Centered
A survivor -centered advocacy approach seeks to empower survivors by prioritizing their rights,
safety, well-being, needs, and wishes. Voluntary participation in services is necessary to be
survivor centered.
Stalking
Stalking means a course of conduct directed at a specific person that would cause a reasonable
2025-2026 VOCA CFA RFA I Page 25
Appendix A: Glossary of Terms
person to fear for his or her safety or the safety of others or suffer substantial emotional distress.
Transportation
Transportation assistance is available to help survivors find safety and access services, which
might include transportation to and from the courthouse for hearings. Transportation can be
provided directly by staff and volunteers or by paying for a survivor's gas, bus tickets or taxi fare.
Trauma Informed
An approach, based on knowledge of the impact of trauma, aimed at ensuring environments and
services are welcoming and engaging for service recipients and staff.
Tribal Organization
A recognized governing body of any Indian tribe, to include any legally established organization
of Indians which is controlled, sanctioned, or chartered by such governing body or which is
democratically elected by the adult members of the Indian community to be served by such
organization and that includes the maximum participation of Indians in all phases of its activities.
Warm Hand -Off
A personal introduction or connection to another service provider, instead of just giving contact
information.
2025-2026 VOCA CFA RFA I Page 26
MEETING DATE: September 10, 2025
SUBJECT: Public Hearing: Property Line Adjustment / Minor Variance Text Amendments
RECOMMENDED MOTION:
At the conclusion of the public hearing, the Board can choose one of the following options:
• Continue the hearing to a date and time certain;
• Close the oral portion of the hearing and leave the written record open to a date and time
certain;
• Close the hearing and commence deliberations; or
• Close the hearing and schedule deliberations for a date and time to be determined.
Draft Ordinance No. 2025-017 is included for consideration, if needed.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of Commissioners will conduct a public hearing on September 10, 2025 to
consider amendments to Deschutes County Code (file no. 247-25-000399-TA) to remove
local criteria for property line adjustments involving parcels smaller than the minimum lot
size and instead directly apply state standards. The amendments also clarify that variances
are not required for this type of property line adjustment.
All record materials can be found on the project website: bit.l /3y 99TA.
BUDGET IMPACTS:
None
ATTENDANCE:
Nicole Mardell, AICP, Senior Planner
Will Groves, Planning Manager
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Nicole Mardell, AICP, Senior Planner
Will Groves, Planning Manager
DATE: September 3, 2025
SUBJECT: Public Hearing: Property Line Adjustment / Minor Variance Text Amendments
The Deschutes County Board of Commissioners (Board) will conduct a public hearing on
September 10, 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 aim to directly apply
state standards. The amendments also seek to clarify that variances are not required for
this type of property line adjustment. The hearing will take place in the Barnes and Sawyer
Rooms, 1300 NW Wall Street, Bend, and virtually via Zoom.
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 strikethroug1q.
All record materials can be found on the project website: bit.ly/399TA.
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 8
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 8
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 MUA-10 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 8
proposed a property line 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 minimum 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 under the minimum lot size required to qualify for 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
................ ........................... I ....... I ....... I..............
Proposed Configuration -
Original Configuration Not Approved
Page 5 of 8
c. The adjustment allows an area of land used to quaiify 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 8
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
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. 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 AND BOARD CONSIDERATION
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.
Planning staff is aware of several property owners who are awaiting the outcome of this
process to determine next steps for their development applications. As this text
amendment was requested to be expedited by the Board during the work plan process,
staff recommends the Board consider adoption by emergency. Draft Ordinance 2025-017
is included in this package for potential consideration following public testimony.
VI. NEXT STEPS
At the conclusion of the public hearing, the Board can choose one of the following options:
• Continue the hearing to a date and time certain;
• Close the oral portion of the hearing and leave the written record open to a date and
time certain;
Page 7 of 8
Close the hearing and commence deliberations; or
Close the hearing and schedule deliberations for a date and time to be determined.
Attachments
Draft Ordinance 2025-017
Exhibit A Text Amendments
Exhibit B Proposed Findings
Page 8 of 8
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes County Code
Title 18, Zoning Ordinance Relating to Procedural * ORDINANCE NO. 2025-017
Requirements for Property Line Adjustments and
Minor Variances
WHEREAS, the Deschutes County Community Development Department ("CDD") initiated
amendments (Planning Division File No. 247-25-000399-TA) to the Deschutes County Code ("DCC") Chapter
18.132 — Variances; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on July 24,
2025, and forwarded to the Deschutes County Board of County Commissioners ("Board") a unanimous
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on September 10,
2025, and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title
18; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDING. Chapter 18.132, Variances, is amended to read as described in Exhibit "A"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in str-i e
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B," attached and incorporated by
reference herein.
Section 3. EMERGENCY. This Ordinance being necessary for the public peace, health, and safety, an
emergency is declared to exist, and this Ordinance takes effect on its passage.
PAGE 1 OF 2 - ORDINANCE NO.2025-017
Dated this 10% of , 2025
ATTEST:
ecorda g Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
NTHONY eBONE, Chair
PATTI ADAIR, Vice Chair
PHILIP CHANG, eommissioner
Date of Is'Reading: /D day ofs.��7i�t ilitr , 2025.
Date of 2nd Reading: /V M day of _ &r, 2025.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Patti Adair s/
Philip Chang
Effective date: 10YA day of-&,d)VJXjV(-2025.
PAGE 2 OF 2 - ORDINANCE NO.2025-017
Exhibit A to Ordinance 2025-017
18.132.010 Variance Application
18.132..020 Authority Of Hearings Bow
18.132.02 -Minor Variances
18.132.030 Hearings Body -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
fullythe grounds of the application and the facts relied upon bythe petitioner.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991
18.132.®2G Authority ;f Kearin s Bow
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
foilowing 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. Progerty line adjustments are not eligible forvariance..No..varianc.e is
r�uired for property line adiustmerits.t at are comp- ant with ORS 92.192.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
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 3/28/2025
Amended byOrd , 2025-017§1 on x/xx/xxxx
Avariance 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 privacyto 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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[[ »of toil (101
&.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 Adjustments...
1 _ Property line adjustments_are not eligible for variance. No variance is
required for-propertyline adjustments that are compliant with ORS 92.192..
HISTORY
Adopted by Ord. 91-038 §3 on 913011991
Amended by Ord. 2004-013 §15 on 912112004
Amended by Ord. 2010-003 §1 on 71612010
Exhibit A to 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
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 shalt 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 shalt be
recorded with the County Clerk.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
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 512911991
Exhibit Ato Ordinance 2025-017
EXHIBIT B FINDINGS
Property Line Adjustment / Minor Variance Text Amendment
247-25-000399-TA
APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
11. BACKGROUN®:
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.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 @deschutes .org ww,@deschutes.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
J��S
Za BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
Subject: P Cwc Date:
Name
Address S" ✓ 5 f-e 5
Phone #s
E-mail address
In Favor Neutral/Undecided Opposed
documents as art of testimony? 0 Yes No
Submitting written. docu p y ,
If so, please give a copy to the Recording Secretary for the record.
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
MEETING DATE: September 10, 2025
SUBJECT: Public Hearing: Farm and Forest Housekeeping Text Amendments
RECOMMENDED MOTION:
At the conclusion of the public hearing, the Board can choose one of the following options:
• Continue the hearing to a date and time certain;
• Close the oral portion of the hearing and leave the written record open to a date and time
certain;
• Close the hearing and commence deliberations; or
• Close the hearing and schedule deliberations for a date and time to be determined.
Draft Ordinance 2025-016 is attached for consideration, if needed.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of Commissioners will conduct a public hearing on September 10, 2025 to
consider housekeeping amendments to the Deschutes County Code (file no. 247-25-
000297-TA) to integrate changes to state rule resulting from the state's Farm and Forest
Modernization Project into local code.
All record materials can be found on the project website: bit.ly/farmforesthousekeeping
BUDGET IMPACTS:
None
ATTENDANCE:
Nicole Mardell, AICP, Senior Planner
Will Groves, Planning Manager
►rkw4T [0 :7_1►�IBill kTil
TO: Deschutes County Board of Commissioners
FROM: Nicole Mardell, AICP, Senior Planner
Will Groves, Planning Manager
DATE: September 3, 2025
SUBJECT: Public Hearing: Farm and Forest Housekeeping Text Amendments
The Deschutes County Board of Commissioners (Board) will conduct a public hearing on
September 10, 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.
The hearing will take place in the Barnes and Sawyer Rooms, 1300 NW Wall Street, Bend
and virtually via Zoom
Attached to this memorandum are the proposed text amendments and findings
summarizing the changes. Within the proposed amendments, added language is shown
underlined and deleted shown as strikethro g.1 .
All record materials can be found on the project website:
https://bit.ly/farmforesthousekeeping
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 text amendment incorporates rulemaking updates to applicable OARS
and Oregon Revised Statutes (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 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.
Staff included only housekeeping style amendments resulting from rulemaking in this
particular text amendment package. Additional discretionary amendments related to
Page 2 of 3
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
At the conclusion of the public hearing, the Board can choose one of the following options:
• Continue the hearing to a date and time certain;
• Close the oral portion of the hearing and leave the written record open to a date and
time certain;
• Close the hearing and commence deliberations; or
• Close the hearing and schedule deliberations for a date and time to be determined.
Staff has provided Draft Ordinance 2025-016 for consideration by the Board following public
testimony.
Attachments
Draft Ordinance 2025-016
Exhibit A 18.04 Definitions
Exhibit B 18.16 Exclusive Farm Use Zone
Exhibit C 18.36 Forest Use 1 Zone (F-1)
Exhibit D 18.40 Forest Use 2 Zone (F-2)
Exhibit E Findings
Page 3 of 3
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes County Code
Title 18, Zoning Ordinance Relating to Farm and * ORDINANCE NO. 2025-016
Forest Modernization Rulemaking.
WHEREAS, the Deschutes County Community Development Department ("CDD") initiated
amendments (Planning Division File No. 247-25-000297-TA) to the Deschutes County Code ("DCC") Chapter
18.04 — Definitions, 18.16 — Exclusive Farm Use Zone, Chapter 18.36 — Forest Use Zone; F-1, Chapter 18.40 —
Forest Use Zone; F-2; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on June 26,
2025, and forwarded to the Deschutes County Board of County Commissioners ("Board") a unanimous
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on September 10,
2025, and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title
18; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDING. Chapter 18.04, Definitions, is amended to read as described in Exhibit "A"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in *rite
Section 2. AMENDING. Chapter 18.16, Exclusive Farm Use Zone, is amended to read as described
in Exhibit `B" attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in st+i etlffeug .
Section 3. AMENDING. Deschutes County Code Chapter 18.36, Forest Use Zone; F-1, is amended to
read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in stFi�_.
Section 4. AMENDING. Deschutes County Code Chapter 18.40, Forest Use Zone; F-2, is amended to
read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in stri'�_.
PAGE 1 OF 2 - ORDINANCE NO.2025-016
Section 5. FINDINGS. The Board adopts as its findings Exhibit "E," attached and incorporated by
reference herein.
Dated this of , 2025 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
PATTI ADAIR, Vice Chair
ATTEST:
Recording Secretary PHILIP CHANG, Commissioner
Date of 1" Reading: day of , 2025.
Date of 2" d Reading: day of 12025.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Patti Adair
Philip Chang
Effective date: day of , 2025.
PAGE 2 OF 2 - ORDINANCE NO.2025-016
Exhibit Ato Ordinance 2025-016
CHAPTER 18.04 TITLE PURPOSE AND DEFINITIONS
18.04.010 Title
18.04.020 Purpose
18.04.030 Definitions
18.04.03 -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,-atepoultry 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 liven in ORS 215.203 and OAR 660-033-0020. means e
---------------------
-------------
-allillill-- ---- - ----
-- - -- --mrlommmwz.,l--
-NMI --
-:.:.-
-
--
-
- -
:
:-
-.
(Ord. Chapter 18.04 35 (04/2015); Ord. 88-050 U, 1988)
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
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 8/1/1984
Amended by Ord. 85-002 §2 on 211311985
Amended by Ord. 86-032 §1 on 4/2/1986
Amended by Ord. 86-018 §1 on 613011986
Amended by Ord. 86-054 §1 on 6/30/1986
Amended by Ord. 86-056 §2 on 6/30/1986
Amended by Ord. 8.7-015 §1 on 611011987
Amended by Ord. 88-009 §1 on 3/30/1988
Amended by Ord. 88- 030 §3 on 811711988
Amended by Ord. 89-004 §1 on 3/24/1989
Amended by Ord. 89-009 §2 on 1112911989
Amended by Ord. 90-014 §2 on 711211990
Amended by Ord. 91-002 §11 on 2/6/1991
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 9/30/1991
Amended by Ord. 92-004 §§1 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 01, 2 and 3 on 2/3/1993
Amended by Ord. 93-005 §§1 and 2 on 4/21/1993
Amended by Ord. 93-038 §1 on 7/28/1993
Amended by Ord. 93-043 01, 1A and 18 on 8/25/1993
Amended by Ord. 94-001 01, 2, and 3 on 311611994
Amended by Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8 on 6/8/1994
Amended by Ord. 94-041 02 and 3 on 9/14/1994
Amended by Ord. 94-038 §3 on 101511994
Amended by Ord. 94-053 §1 on 121711994
Amended by Ord. 95-007§1 on 3/1/1995
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. 200.1-048 §1 on 1211012001
Amended by Ord. 2003-028 §1 on 912412003
Amended by Ord. 2004-001 §1 on 711412004
Amended by Ord. 2004-024 §1 on 1212012004
Amended by Ord. 2005 041 §1 on 812412005
Amended by Ord. 2006-008 §1 on 812912006
Amended by Ord. 2007-019 §1 on 912812007
Amended by Ord. 2007-020 §1 on 21612008
Amended by Ord. 2007-005 §1 on 212812008
Amended by Ord. 2008-015 §1 on 613012008
Amended by Ord. 2008-007 §1 on 811812008
Amended by Ord. 2010-018 §3 on 612812010
Amended by Ord. 2010-022 §1 on 711912010
Amended by Ord. 2011-009 §1 on 10/1712011
Amended by Ord. 2012-004 §1 on 411612012
Amended by Ord. 2012-007 §1 on 51212012
Amended by Ord. 2013-006 §1 on 71512013
Amended by Ord. 2014-009 §1 on 81612014
Amended by Ord. 2015-004 §1 on 412212015
Amended by Ord. 2016-015 §1 on 71112016
Amended by Ord. 2016-026 §1 on 111912016
Amended by Ord. 2016-006 §1 on 212712017
Amended by Ord. 2017-015 §1 on 111112017
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 212412020
Amended by Ord. 2020-001 §1 on 412112020
Amended by Ord. 2020-010 §1 on 71312020
Amended by Ord. 2020-007 §7 on 10/27/2020
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
Amended Ord. 2025-016 §1 on x%xx%xxxx
Exhibit B to Ordinance 2025-016
CHAPTER 18.16 EXCLUSIVE 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 16 033 Conditional Uses On High Value Farmland Only
18.16.035 Destination. Resorts
18.16.037 Guest Ranch
18 16 038Special Conditions For Certain Uses Listed Under DCC 18.16.025
18.16.040 Limitations On Conditional Uses
18.16.042 Agri -Tourism And Other Commercial Events Or Activities Limited Use Permit
18.16.043 Single Permit
18.16.050 Standards For Dwellings In-, he EFU Zones
18.16.055 Land Divisions
18.16. 660 Dimensional Standards
18.16.065 Subzones,
18.16.067 Farm Management Plans
18.16.070 Setbacks
18.16.080 Ordinary High Water Mark Setbacks
18.16.090 Rimrock Setback
18.16.020 Uses Permitted Outright
The following uses and their accessory uses are permitted outright:
A. Farm use has the mean* _given in ORS 215.203 and OAR 660-033-0020. as else}
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 lots 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 maybe altered, restored, or replaced as allowed by
and _sub e to the r uirements of ORS 215.29.1 and_O-AR660-033-130.� '-j��� t' �uu ee w
1. The replacement dwelling is subject to OAR 660-033-0130(30) and the
County shall require as a condition of approval of a single-family
replacement dwelling that the landowner for the dwelling sign and record in
the deed records for the county a document binding the landowner, and the
landowner's successors in interest, prohibiting them from pursuing a claim
for relief or cause of action alleging injury from farming or forest practices for
which no action or claim is allowed under ORS 30.936 to 30.937.
K. A replacement dwelling to be used in conjunction with farm use if the existing
dwelling is listed on the National Register of Historic Places and on the County
inventory as a historic property as defined in ORS 358.480, and subject to
18.16.020(J)(1)above.
L. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
M. Utility facility service lines. Utility facility service lines are utility tines 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 sitvicultural 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 468I3.055, or in compliance with
rules adopted under ORS 468I3.095, 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 111111979
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 5/29/1991
Amended by Ord. 91-024 §1 on 6/26/1991
Amended by Ord. 91-038 §§1 and 2 on 913011991
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. 2008-001 §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 5/2/2012
Amended by Ord. 2014-010 §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
Amended by Ord 2025-016 §2 on x/xx/xxxx
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HISTORY
Adopted by Ord. 2014-010 §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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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.
1. Insect species shall not include any species under quarantine by the State
Department of Agriculture or the United States Department of Agriculture.
2. The county shall provide notice of at[ applications under this section to the
State Department of Agriculture.
3. Notice shalt 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(1)(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,
including the excavation and miningfor 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 215.283(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 61111983
Amended by Ord. 86-018 §3 on 6/30/1986
Amended by Ord. 87-013 §1 on 6/10/1987
Amended by Ord. 907018 §1 on 511611990
Amended by Ord. 90-014 §§23 and 31 on 711211990
Amended by Ord. 91-005 §5 on 3/4/1991
Amended by Ord. 91-014 §1 on 3/13/1991
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 91-038 §2 on 913011991
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 511311998
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. 2008-001 §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 4/28/2014
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 Non -High Value Farmland Only
The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that
constitute non -high value farmland subject to applicable provisions of the Comprehensive
Plan and DCC 18.16.040 and other applicable sections of DCC Title 18.
A. A disposal site which includes a land disposal site approved by the governing body
of a city or County or both and for which a permit has been granted under ORS
459.245 by the Department of Environmental Quality together with equipment,
facilities or buildings necessary for its operation.
B. Golf course and accessory golf course uses as defined in DCC Title 18 on land
determined not to be high value farmland, as defined in ORS 195.300.
C. Except for those composting facilities that 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(MN).
D. Private parks, playgrounds, hunting and fishing preserves and campgrounds as
allowed by -and subject to the requirements of homeORS 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 C®nditi®nat Uses ®n High Value Farmland ®nly
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.
- - - - -- - - - - - - -
HISTORY
Adopted by Ord. 95-007§13 on 3/1/1995
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. 2014-010 §1 on 412812014
Amended b4 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;
S. Public health and safety; and
6. Other requirements of state and federal agencies.
7. Costs associated with any of the factors listed in 1-6 above may be
considered, but cost alone may not be the only consideration in determining
that a utility facility is necessary for public service. Land costs shall not be
included when considering alternative locations for substantially similar
utility facilities that are not substantially similar.
8. The owner of a utility facility approved under this section shall be responsible
for restoring, as nearly as possible, to its former condition any agricultural
Land and associated improvements that are damaged or otherwise disturbed
by the siting, maintenance, repair or reconstruction of the facility. Nothing in
this subsection shall prevent the owner of the utility facility from requiring a
bond or other security from a contractor or otherwise imposing on a
contractor the responsibility for restoration.
9. In addition to the provisions of 1-6 above, the establishment or extension of a
sewer system as defined by OAR 660-011-0060(1)(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 necessary for public service may include on -site and off -site
facilities for temporary workforce housing for workers constructing a utility
facility. Such facilities must be removed or converted to an allowed use
under OAR 660-033-0130(19) or other statute or rule when project
construction is complete. Off -site facilities allowed under this provision are
subject to OAR 660-033-0130(5). Temporary workforce housing facilities not
included in the initial approval may be considered through a minor
amendment request. A minor amendment request shall have no effect on
the original approval.
B. Wineries are subject to the following:
1. A winery, authorized under DCC 18.16.025 is a facility that produces wine
with a maximum annual production of:
a. Less than 50,000 gallons and:
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 meal services that cause the
kitchen facilities to function as a cafe or other dining establishment
open to the public.
4. The gross income of the winery from the sale of incidental items or services
provided pursuant to subsection (2)(c) to (e) of this section may not exceed
25 percent of the gross income from the on -site retail sale of wine produced
in conjunction with the winery.
a. The gross income of the winery does not include income received by
third parties unaffiliated with the winery.
b. At the request of the County, who has land use jurisdiction over the
site of a winery, the winery shall submit to the County a written
statement that is prepared by a certified public accountant and
certifies the compliance of the winery with this subsection for the
previous tax year.
5. A winery may carry out up to 18 days of agri-tourism or other commercial
events annually on the tract occupied by the winery.
6. If a winery approved under DCC 18.16.038(B)(5) conducts agri -tourism or
other commercial events, the winery may not conduct agri-tourism or other
commercial events or activities authorized under Deschutes County Code
18.16.042.
7. Gross Income.
a. The gross income of the winery from any activity other than the
production or sale of wine may not exceed 25 percent of the gross
income from the on -site retail of wine produced in conjunction with
the winery.
b. The gross income of the winery does not include income received by
third parties unaffiliated with the winery.
c. The winery shall submit to the Deschutes County Community
Development Department a written statement, prepared by a certified
public accountant that certifies compliance with this section for the
previous tax year by April 15 of each year in which private events are
held.
8. A winery operating under this section shall provide parking for all activities or
uses on the tot, 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 (B)(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 shalt be subject to the following standards:
a. Establishment of a setback of at least 100 feet from all property lines
for the winery and all public gathering places, unless the County
grants an adjustment or variance allowing a setback of less than 100
feet.
b. Shall comply with DCC Chapter 18.80, Airport Safety Combining
Zone, and DCC 18.116.180, Building Setbacks for the Protection of
Solar Access.
11. As used in this section, "private events" includes, but is not limited to, facility
rentals and celebratory gatherings.
12. The winery shall have direct road access and internal circulation.
13. A winery is subject to the following public health and safety standards:
a. Sanitation facilities shall include, at a minimum, portable restroom
facilities and stand-alone hand washing stations.
b. No event, gathering or activity may begin before 7:00 a.m. or end after
10:00 p.m., including set-up and take -down of temporary structures.
c. Noise control.
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 comply with 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 215.283 and OAR
660-033-130.ti
a Rom
- .:- _ ..
-- :: : - - - - - : - - - - .
Not
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 line is not located on high -value
farmland, as defined in ORS 195.300, or on arable land;
b. The associated transmission line is co -located with an existing
transmission line;
c. The associated transmission line parallels an existing transmission
line corridor with the 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
necessary for public service.
HISTORY
Adopted by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2008-001 §2 on 51612008
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 660-033-0130(5), applicable provisions in
DCC 18.128,-and upon a finding by the Planning Director or Hearings Body_that the
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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 shall be subject to OAR 660-033-0130(5) and shall have no
effect on the original approval. A proposal for a wind power generation facility shall
be subject to the following provisions:
1. For high value farmland soils described in ORS 195.300(10), that all of the
following are satisfied:
a. Reasonable alternatives have been considered to show that siting the
wind power generation facility or component thereof on high -value
farmland soils is necessary for the facility or component to function
property 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 longterm 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) shalt
apply to the entire project.
E. No aircraft may be based on a personal -use airport identified in DCC 18.16.030(L)
other than those owned or controlled by the owner of the airstrip. Exceptions to the
activities permitted under this definition may be granted through waiver action by
the Oregon Department of Aviation in specific instances. A personal use airport
Lawfully existing as of September 13, 1975, shall continue to be permitted subject to
any applicable rules of the Oregon Department of Aviation.
F. The facility for the primary processing of forest products identified in DCC 18.16.030
is intended to be portable or temporary in nature. Such a facility maybe 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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9 WIN,
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M.L. A living history museum shalt 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.
NT 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(MM)(3);
b. Hold a pre -application community meeting described in DCC
18.16.040(MN)(6).
2. DCC 18.16.040(Mh)(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 bythe 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 may be
affected by the proposed disposal site for composting;
d. The Department of Land Conservation and Development;
e. The State Department of Agriculture;
6. The 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(MN)(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. 91-020 §1 on 512911991
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§14 on 31111995
Amended by Ord. 95-075 §1 on 1112911995
Amended by Ord. 98-030 §1 on 511311998
Amended by Ord. 2004-001 §2 on 711412004
Amended by Ord. 2006-008 §3 on 8/29/2006
Amended by Ord. 2008-001 §2 on 51612008
Amended by Ord. 2009-014 §1 on 612212009
Amended by Ord. 2012-007§2 on 512/2012
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 necessary to supportretated
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_ _Adetermination under DCC 18.16.042 that an event -or activity is `incidental
and subordinate' reauires.consideration of any relevant circumstances,
includin the__nature, intensitW and economic value _of the respective farm
and event uses that bear on whether the existin farm use remains the
predominant use of the tract.
_A determination under DCC 18.16.042 that an event or activity is
°necessary to support' either the 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 necessaryto 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 tot, 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 shall be related to and stippertive of necessary to support
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 anew 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 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, 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 shall 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.
3. 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 shalt 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 shalt 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 byOrd. _2025-016 §2 on x/xx/xxxx
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 shalt 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 tots or parcels of a farm or
ranch operation to comply with the gross farm revenue requirements,
the applicant shall provide evidence that the covenants, conditions
and restrictions form attached to Chapter 18.16, has been recorded
with the county clerk or counties where the property subject to the
covenants, conditions and restrictions is located.
1. The covenants, conditions and restrictions shall be recorded
for each lot or parcel subject to the application for primary
farm dwelling and shall preclude:
A. All future rights to construct a dwelling except for
accessory farm dwellings, relative farm assistance
dwellings, temporary hardship dwellings or
replacement dwellings allowed under ORS Chapter
215; and
B. The use of any gross farm revenue earned on the lots or
parcels to qualify another lot or parcel for a primary
farm dwelling;
C. The covenants, conditions and restrictions are
irrevocable, unless a statement of release is signed by
an authorized representative of the county or counties
where the property subject to the covenants, conditions
and restrictions is located;
D. The failure to follow the requirements of this section
shall not affect the validity of the transfer of property or
the legal remedies available to the buyers of property
which is subject to the covenants, conditions and
restrictions required by this section.
f. 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..
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
bThe 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_aDDlicant shall submit an IRS tax return transcript and any other
information the county may require that 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 dwelling will 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 wit[ 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).
4_An accessory farm dwelling approved pursuant to this section cannot later
be used to satisfy the requirements for a nonfarm dwelling pursuant to DCC
18.16.050(G).
4:5. The applicant shall submit an IRS tax return transcript and any other
information the count may requiro that demonstrates compliance with the
gross_farm.ineome requirement in DCC 18.16.050(C)(2)(a) or (b), whichever
isisao lip cable.
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 approvalfor the subject land and dwelling
remain in effect.
3. For purposes of this subsection, "Foreclosure" means only
those foreclosures that are exempt from partition under ORS
92.010(9)(a).
d. The farm operator plays the predominant role in the management and
farm use of the farm and will continue to do so after the relative farm
help dwelling is approved.
e. Any approval granted under DCC 18.16.050 shall be conditioned with
a requirement that the farm operator annually submit a report to the
Planning Division identifying the resident(s) of the dwelling, their
relationship to the farm operator, the assistance the resident provides
to the farm operator, and verifying the farm operator's continued
residence on the property and the predominant role the farm operator
continues to play in the management and farm use of the farm.
2. A manufactured dwelling permitted under DCC 18.16.050 shall be
considered to be a temporary installation, and permits for such home shalt
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 shalt 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 may be approved on a pre-existing lot or parcel on
non -high value farmland when all of the following requirements are met:
a. The lot or parcel on which the dwelling wilt 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
21 5 .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 lots 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 shall be designed based upon
consideration of such factors as prevailing winds, drainage,
expansion potential of affected agricultural uses, open space
and any other factor that may affect the livability of the
nonfarm -dwelling or the agriculture of the area.
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.
1_A temporary hardship dwelling listed in DCC 18.16.030 is allowed subject to
DCC 18 116 090, and the requirements of this chapter.
+.2. __.___ Atemporary hardship dwelling approved under this section is not
eligible for replacement under DCC 18.16.0200).
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HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §§1 and 2 on 913011991
Amended by Ord. 92-065 §3 on 1112511992
Amended by Ord. 94-026 §1 on 51111994
Amended by Ord. 95-007§15 on 3/1/1995
Amended by Ord. 98-030 §1 on 511311998
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. 2_008-001 §2 on 51612008
Amended by Ord. 2009-014 §1 on 612212009
Amended by Ord. 2012-007§2 on 5/2/2012
Amended by Ord. 2014-010 §1 on 412812014
Amended by Ord. 2018-006 §5 on 1112012018
Amended by Ord. 2021-013 §4 on 4/5/2022
Amended by Ord. 2025-002 §4 on 312812025
Amended by Ord. 2025-016 §2 on x/xx/xxxx
Exhibit C to Ordinance 2025-016
CHAPTER 18.36 FOREST USE ZONE° F1
18.36.010 Purpose
18.36.020 Uses Permitted OutriL5ht
18.36.030 Conditional Uses Permitted
18.36.040 Limitations On Conditional Uses
18.36.05 -Stan dards_For Sin le -Unit Dwellin s
18.36.060 Siting Of Dwellin s And Structures
18.36.070 Fire Sitin StandardsFor DWellinIs And Structures
18.36.080 Fire Safety -Design -Standards For Roads
18.36.085 Stockin _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. 440 Restrictive Covenants
8.36.026_ ses_Permitted_ uiri _h_t
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 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
Goat 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 tines (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, includingwater
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 subject to the requirements of ORS 21.5.291 and OAR 660-006-0025.-st jeep
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 11/1/1979
Amended by Ord. 91-002 §8 on 2/6/1991
Amended by Ord. 92-025 §2 on 411511991
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 312612003
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 2025-016_§3on x/xx/xxxx
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HISTORY
Adopted by Ord. 2024-008 §5 on 11712025
Amended by Ord. 2025-002 §7 on 312812025
Repealed by_Ord. 2025-016 §3 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 18.36.040 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 subject to the requirements of
ORS 215.459 and OAR 660-006-0025.
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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 asallowed by and subject to the requirements of ORS 215.448
andabjet DCC 18.116.280.
S. Expansion of existing airports.
T. Public road and highway projects as described as ORS 215.283(2) and 215.283(3).
U. Private accommodations for fishing occupied on a temporary basis subject to other
applicable sections of DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is
defined in the Oregon Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during
fishing seasons authorized by the Oregon Fish and Wildlife Commission;
and
4. Accommodations must be located within one -quarter mile of fish bearing
Class I waters.
V. Forest management research and experimentation facilities as described by ORS
526.215 or where accessory to forest operations.
W. 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. Ter�a �rh a Ed ship [Ving.An existing building, or a manufactured dweiiin.H...
eonjunetion with an existing dwelling as a temperary use for the term of a hardship
stiffered by the existing resident or a reiative as defined in ..S 215.283. For the
purposes of this Section, "existing" means the building was in existence on or before
n17M•!�T.t MWM
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1--A temporary hardship dwelling is conditionallkallowed subject to DCC
18.116.090,_1.8_.36.040,-_a_nd 18.36.060. "
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r1. A temporary 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_lands allowed by ands ubject to the
rec
tuire_m_ents of OAR 660-012--0065.
HISTORY
Adopted byOrd. PL-15 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 913011991
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 2/6/2008
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 b Ord 2025-01.6 §bon 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 dwellingwill 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 18.36.050(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 18.36.140 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
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 tot 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 on which the dwelling will 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:
10_
2. The tot or parcel on which the dwellingwill 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-15 on 111111979
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. 2021-0.13 §6 on 41512022
Amended by Ord. 2025-002 §7 on 312812025
Amended by Ord._2025-01.6 §3 on_x/xx/xxxx
Exhibit D to Ordinance 2025-016
CHAPTER 18.40 FOREST 115E Z®NE; F-2
18.40.010 Purpose
18.40.020 Uses Permitted Outright
18.40.030 Conditional Uses Permitted
18.40.040 Limitations On. Conditional Uses
18.40.050 Standards For Single -Unit Dwellings
18.40.060 Siting Of_Dwellings And Structures
18.40.070 Fire Siting -Standards For Dweltin s And Structures
18.40.080. Fire Safety Design Standards For Roads
1.8.40.085 Stockin .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 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 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
Goal4). 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 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 subject to the requirements of ORS 215.291 and OAR 660-006-0025. DE@
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
anythree-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 21611991
Amended by Ord. 91-005 §21 on 31411991
Amended by Ord. 92-025. §3 on 411511991
Amended by Ord. 91-020 §1 on 512911991
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. 2023-001 §6 on 513012023
Amended by Ord. 2024-008 §6 on 11712025
Amended by -Ord. 2025-016 §4 on xlxxlxxxx
r_�n
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HISTORY
Adopted by Ord. 2024-008 §6 on 11712025
Amended by Ord. 2025-002 §8 on 312812025
Resealed 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.
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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.
g.
conjunetion with an existing dwelling as a ternporaryof a hardship
stiff ered by the existing resident or a relative as defined in ORS 215.283. For the
purposes of this seetion, "existing" means the buildingwas in existene-e Orbe-if--re
1. A_temporary hardship dweltinis conditionally allowed sub'iect to DCC
18.116. 990. 18.40.040,_and_18.40.060 As usedin this section, " "
rmeans a medaeal hardship or hardship for the care of an aged or infirm
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r2. 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 by and subject to the
requirements of OAR 660-012-0065.
HISTORY
Adopted by Ord. PL-15 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_-0.38 §1 on 9/30/1991
Amended by Ord. 92-068 §1 on 121711992
Amended by Ord. 94-1038 §1 on 101511994
Amended by Ord. 2000-033 §1 on 121612000
Amended by Ord. 2004-02.0 §6 on 10/1312004
Amended by Ord. 2007-020 §4 on 21612008
Amended by Ord. 2012-007§4 on 51212012
Amended by Ord. 2018-006 §7 on 1112012018
Amended by Ord. 2020-007 §11 on 1012712020
Amended by Ord. 2025-002 §8 on 312812025
Amended. -by Ord 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 shalt 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 shall not be subject to conditional use standards.
4. Approval of a dwelling in the forest zone under DCC Chapter 18.40 shall
include a condition of approval requiring that, prior to the issuance of a
building permit, the landowner sign and record in the deed records for the
County a document binding the landowner, and the Landowner's successors
in interest, prohibiting them from pursuing a claim for relief or cause of
action alleging injury from farming or forest practices for which no action or
claim is allowed under ORS 30.936 or 30.937.
B. Lot of Record Dwelling. For approval under DCC 18.40.050, a single -unit dwelling
shall meet the following requirements:
1. The tot 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 tot 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 shad 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 dwellingwill 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 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.
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 tong 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 mile long
and one -quarter mile wide centered on the center of the
subject tract and that is, to the maximum extent possible
aligned with the road or stream; or
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
[east 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 111111979
Amended by Ord. 92-025 §3 on 4/15/1991
Amended by Ord. 91-020 §1 on 512911991
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. 2021-013 §7 on 41512022
Amended by Ord. 2025-002 §8 on 312812025
Amended Ord. 2025-016 94 on x/xx/xxxx
EXHIBIT E FINDINGS
FARM AND FOREST HOUSEKEEPING TEXT AMENDMENTS
247-25-000297-TA
1. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
11. 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
Q, (541) 388-6575 @cdd9deschutes.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 18.16.020Q), 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 nonconforming schools.
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 necessary to 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 203.045.
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.
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 provided 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
rF_s C
w� 2� BOARD OF COMMISSIONERS' MEETING
o {
REQUEST TO SPEAK
Citizen Input or Testimony
Subject: � t u 1 v. L5 Date: A0 2 -
Name �
Address 3V"
Phone #s
E-mail address
1-1 In Favor �Z Neutral/Undecided Opposed
Submitting written documents as part of testimony? Yes No
If so, please give a copy to the Recording Secretary for the record.
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETINGBEGINS
E 5 COG2a
o
BOARD OF
COMMISSIONERS
MEETING DATE: September 10, 2025
SUBJECT: Consideration of first reading of Ordinance No. 2025-018: Dark Skies text
amendments
RECOMMENDED MOTION:
Move approval of first reading of Ordinance No. 2025-018 by title only.
BACKGROUND AND POLICY IMPLICATIONS:
On September 10, 2025, staff will present Ordinance No. 2025-018 to the Board of
Commissioners for consideration of first reading. The Board conducted a public hearing on
August 27, 2025 to consider text amendments to update Deschutes County Code (DCC)
Chapter 15.10, Outdoor Lighting Control (File no. 247-25-000377-TA).
BUDGET IMPACTS:
None
ATTENDANCE:
Tanya Saltzman, Senior Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, Senior Planner
Will Groves, Planning Manager
DATE: September 10, 2025
SUBJECT: Consideration of First Reading: Dark Skies Text Amendments
On September 10, 2025, staff will present Ordinance No. 2025-018 to the Board of County
Commissioners (Board) for consideration of first reading. The Board conducted a public
hearing on August 27, 2025 to consider text amendments to update Deschutes County Code
(DCC) Chapter 15.10, Outdoor Lighting Control (File no. 247-25-000377-TA).
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the
Department of Land Conservation and Development (DLCD) on June 5, 2025. Staff presented
the proposed amendments to the Planning Commission on June 26, 2025.' An initial public
hearing was held before the Commission on July 10, 2025.2 At that time, the oral portion of
the public hearing was closed and the written record was held open until July 16, 2025. The
Commission held deliberations on July 24, 20253, issuing a recommendation for approval to
the Board with several refinements, and requesting staff to relay the main topics of the
Planning Commission discussion to the Board. At the conclusion of the August 27 public
hearing before the Board, the Board closed the hearing and the written record, and
deliberated immediately. The ordinance provided here reflects the decisions made during
those deliberations.
All record materials can be found on the project website:
https://bit.ly/DeschutesDarkSkies
i https•//www.deschutes.org/bc-pc/page/planning-commission-68
2 https:/Zwww.deschutes.org/bc-pc/page/planning-commission-70
s https://www.deschutes.org/bc-pc/page/planning-commission-71
1. AMENDMENT SUMMARY
The proposed streamlined code takes the challenges of enforcement and implementation
into consideration, while addressing concerns that have been raised by experts and the
public over the last several years.
• Definitions: Definitions, which previously utilized a separate section for each term,
have been consolidated into a single section, and superfluous or outdated definitions
(for instance, those defining certain types of light fixtures that are no longer referred
to in the chapter) have been removed. New definitions have been provided for several
terms, most notably "downcast," "light trespass," and "string lights."
• Purpose statement: This statement has been revised utilizing previous input from a
DarkSky representative to reflect the need for lighting practices that are both safe
and responsible, recognizing the County's night sky as an economic and community
natural resource.
• Guiding principles: These principles, based on those from DarkSky International, have
been added and are not intended to be mandatory. However, recognizing the
limitations of enforcement, guiding principles can provide applicants with best
practices for responsible lighting concepts. The City of Sisters utilizes a similar
technique in its recently revised lighting ordinance.
• Primary requirements: DCC 15.10.050 presents three requirements applicable to all
non-exempt outdoor light fixtures: lights must be downcast, fully shielded, and light
trespass is prohibited. The proposed amendments remove distinctions between —
and tables referring to —different types of bulbs/fixtures and wattage in favor of a
simplified approach that is easier to implement and enforce. During the panel
discussions, this simplification was acknowledged as a potentially effective strategy
that recognizes the limitations of implementation and enforcement and that is easy
to understand.
• Prohibitions (formerly DCC 15.10.150) and externally lighted advertising signs
(formerly DCC 15.10.160): Both of these sections were deleted, with some language
moved to DCC 15.10.060, Exemptions. Both contained redundant references to
lighting that must conform to the shielding requirements that apply to all non-exempt
fixtures (for instance, top mounted fixtures for advertising signs). Provisions for
searchlights, recreational facilities, and bottom mounted advertising lighting were
moved to DCC 15.10.060 Exemptions, which more accurately captures the criteria for
these types of light fixtures.
• Exemptions: The proposed amendments clarify some existing exemptions and add
others (see above). The amendments remove several exemptions that would now be
subject to the requirements of DCC 15.10.050, including correctional institutions,
historical areas, and motion detector lights. The amendments add exemptions for
string lights, publicly owned lighting including streetlights, and searchlights.
Page 2 of 3
Changes Since Hearing and Deliberations
During deliberations, the Board directed staff to finalize the amendment package to include
the following change:
• Exemptions for holiday lighting (DCC 15.10.060(C)): Based on discussion during
deliberations, this provision was modified slightly to better reflect current practices
and accommodate lighting schedules that relate to the Thanksgiving holiday
(previous requirement was from December 1 -January 15).
Revised language: "Seasonal holiday lighting from the day after Thanksgiving to
January 15 is exempt. Other event -specific lighting for no more than fourteen
cumulative days in a single calendar year also is exempt. "Event -specific lighting'
means lighting other than seasonal holiday lighting, illuminated for a period not to
exceed fourteen cumulative days in a calendar year, associated with a holiday or
other special occasion."
II. NEXT STEPS
Staff will return on Wednesday, September 24 for consideration of second reading of
Ordinance No. 2025-018, which would then become effective 90 days after second reading.
Attachments:
1. Ordinance No. 2025-018 and Corresponding Exhibits
Page 3 of 3
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 15, Buildings and Construction, to Update
Outdoor Lighting Control Standards. * ORDINANCE NO. 2025-018
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-25-000377-TA) to the Deschutes County Code ("DCC"), Chapter 15.10 —
Outdoor Lighting Control; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on July 10,
2025; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on August 27, 2025 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 15; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDING. Deschutes County Code Chapter 15.10, Outdoor Lighting Control, is amended
to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in tr4k�h.
PAGE 1 OF 2 - ORDINANCE NO.2025-018
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B", attached and incorporated by
reference herein.
Dated this of , 2025 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PATTI ADAIR, Vice Chair
ATTEST:
Recording Secretary PHILIP CHANG, Commissioner
Date of V Reading: day of 12025.
Date of 2" d Reading: day of 12025.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone _
Patti Adair
Philip Chang
Effective date: day of 2025.
PAGE 2 OF 2 - ORDINANCE NO.2025-018
EXHIBIT A TO ORD. 2025-018
CHAPTER 15.10 OUTDOOR LIGHTING CONTROL
15.10.010 Pure se And Guiding Principles For Residential, CommercialAnd
Public Area Lighting
15 10 020 Purpose And Intent As Relates To Street Lightin
15.10.030 Conformance With Applicable Codes
15 10 959-040 Definitions
.- -
15.10.+21fr050Reauirements Forinstallation Of Outdoor Lighting
15.10.4q07060 Exemptions,
15.10.E-89-070 Violations And Penalties
15.10.E-96-080.Violations Constitute Public Nuisance
15.10.010 Purpose And_Relates-___ Guidin .Principies For Residential Commercial
And Public Area Li hting
A The purposes of DCC 15.10 is -are to encourage the utilization of.responsibte_Lighting
rp actice�rovide safely lit areas for residentsa.nd visitors and to _protect citizen health
and safety and_ ua atitv_of life through the use of illumination that is a er efficient. prev_ents
light pollution from li ht trespass, minimizes impact on wildlife and natural vistas. and
recognizes Deschutes County'ource,
B. The followingguiding princi s � _ been developed by Da! kSkv ►t rnational and the
Illuminating Engineeri g Society Guiding_.principles are not intended to be mandates
approval criteria
1. Useful__Use light only if it is needed. All light should have a clear purpose. Consider
how the use of light will impact the area, including wildlife and their habitats.
2 Targeted: Direct light so it falls only where it is needed. Use shielding and careful
aiming to target the direction of the lht beam o that sit points downward and does
not spill beyond where it is needed.
Low level Light should be no brighter than necessary. Use the lowest light level
required Be.mindful of.surface conditions. as some surfaces may reflect more light
into the night sky than intended.
4—Controlled— Use light only when it is needed. Use controls such as timers or motion
ete t =.ensure that li ht is available,when it is needed dimmed when possible,
n turned_offwhen not nee .
5. Warm -colored Use warmer color lights when possible. Limit the amount of shorter.
wavelength (blue -violet) itg-lit to —the _least amount needed.
HISTORY
Adopted by Ord. 94-024 §1 on 813111994
Amen ed.�0� 2025-018 §1 on_xx/xx/2025
15.10.020 Purpose And.lntent As Relates To Street_Lighting
The purpose of DCC 15.10, as it relates_ 0 street li htin is to affirm that the safety of citizens of
Deschutes County, Oregon have a right to the safety oftependsin-p-art-on well -lighted streets and
highways, and to.recognize_that such illumination by nature cannot be confined to the property
from which it is generated. Thus, certain applications for the pf-o e
purpose.of highway street safety as defined below are allowed under these provisiotirsthis
ordinance.
HISTORY
Adopted by Ord. 94-Q24 §1 on 813111994
Amended -by Ord. 2025-018 91 on xx/xx42025
150 00.03 —Conformance With Applicable Co es
All outdoor electrically powered illuminating devices shall be installed, used. and maintained in
conformance with the provisions of this code, the building code, the electrical code, and the
applicable sign code of the jurisdiction. i_n which a_si n s is installed. No provision of this ordinance
are is intended to pre-empt applicable state codes.
HISTORY
Adopted by Ord. 94-024 §1 on 813111994
I NO
HISTORY
Adopted by Ord. 94-024 §1 on 8/31/1994
Repealed by Ord. 2025-018 §1 on xx/xx12025
15.10.050-040.Definitions
FerAau __se��Iy gand enforcing DCC 15.10�_app�ying the
, the following words and phrases are defined as set forth in ^^^
156 follows;.
"Downcast" means li-ghtin-g_that is installed suchthat-Light ht rays from an outdoor light fixture are
directed, downward toward the ground and which includes a fixture shield parallel with the level
round.
°Exe ptlight fix res" means outdoorartif cial illuminating devices which are_exem to from this
ordinancehkDCC 1.5.10.060.
"Farmin _p.ractice" shall have_the meanin set forth in ORS 30.930.
"Forest practice" shall have the meaning set forth in -ORS 30.930..
"Fullv_shielded" means outdoor light fixtures that are shielded or constructed so_that ght ram
e m itted by the fixture a_re projected below the horizontal plane.
Fully Shielded
"Installed" means the initial installation of outdoor tight fixtures following the effective date of -this
ordinance. Projects with approved construction plans prior to effective date of this ordinance are
excluded from compliance with the ordinance in the initial installation o
"Light Trespass" me z—c-Qnditiorli.n_whichlight emitted by a light fixture_'lr_luminates any area
beyond the property lines of the property on which the fixture is installed. "Light Trespass" exists
when a person is able to see direct illnation from an off -site ti ht fixture .Light trespass does not
include indirect reflection or scattering of light from mounting hardware or any other_surfaces.
"Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor fixtures, lamps and
other similar devices, permanently installed or portable.
"Searchlight" means a light fixture generatingparallel rays that may be oriented in -ate —articular
direction, often used to draw the attention to a 1p ace or -event.
"Shielding" may be provided for a lighting fixture by the design of such fixture, or by an externally
applied device such as a shroud or hood of metal, wood or painted glass that does not allow
transmission of Light.
"String lights" means electric lights on a wire, string. or -cable used as decoration or for outdoor
li. htin .
H i STO RY
Adopted by Ord. 94-024 §1 on 813111994
Amended by Ord. 95-063 §1 on 10/11/1995
AmendedbyOrd. 2016 0014 §1_on 71112016
Renumbered.and Amended by -Ord. 2025-018 §1 on xx/xx/2025
- - - - :. --
:::
O.
Adopted by, Ord. 95TOCr
Amended by Ord. 2�016914! §1 on 711121916
-FFST$R'F
Repealed & Reenacted.byOrd. 2025-018 §1 on xx/xx/2025.
"ind *v:dtlaP m eans amy privateind Nid..L, .., .-,, Lessee, owner or any commercial entity i neitid ing
i llsTy-
Repealed by Ord.. 2025-018 §1 on xx xxx/2025
9
alle
Il 1
e pea led & Reenacted Ord• 2025-0 8 §1 on xx- xx/_2025
tIIST8RY
Repealed & Reenacted by 0rd.2025-018 §1 on xx/xx/2025
rr
ROY shmelded" meeiis outdoor iight fixtures shielded or eonsti-tieted so that Ught rays emitted by
I HSTORY
Repealed & Reenacted by Ord. 2025-018 §1 on xxlxxl2025
"Partially shieided" meams shielding so that the edge of the shweid is at or below the eenteriime of
toss.
I IISTORY
Repealed —by Ord,_2025-018 9.1 on_xx/xx/2025
Shielding
"Drected shieiding" means shieiding by design or extermai appheation that direets iight downward
11 HS 5
Repealed by Ord. 2025-018 § 1_ on xxlxxl2025
- litim,
horiTental piame.
II II [+l1T 40 RY
f?epealed_by Ord. _2025-018§1 onxx/xx_/_2025
H lrl'$RW
healed by Ord 2025-018 §1 on xx/xx/2025
il Mil -
Repealed by Ord 2025-0�1 on xx/xx/2025
15.10.1-20-050 Requirements For Installation ®f ®utdoor Lihtin
A. Except as exempted by provisions of this ordinance, as of the date of adoptionl-the
installation anA use of outdoor lighting fixtures shall be subject to the provisions of this
ordinance.
B. All non -ex: outd000r l htin fixtures -shall meet the followin requirements:
1.___Downcast. Lighting shall be -downcast, plighting_is prohibited..
22_ Fu _Shielded. Unless subject _ an exem t on�all light fixtures be_ful shielded_
3,_ Light Trespass. Unless subiect to an exemption, light trespass is prohibited for outdoor
ltht fixtures.
HISTORY
Adopted by Ord. 94- 224 §1 on 813111994
Amended by Ord. 95-063 §1 on 10/11/1995
Renumbered & Amended by Ord. 2025-018 §1 on xx1xx12025
ndSvidence0f- - --Ali proposed subdivisions and partitions within Deselitites 6ounty that ineitide outdoor iighting
fixtures -Cr street Lighting shall: be subjeet to the provision5 of this ordimanee-.
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Repe -by Ord 2025-018 .-�-1artXxlXx12025
15 10 +70-060 Exemptions
Certain outdoor light fixtures are exempt from this ordinancesubject to the following standards:
A. Nonconformance.
All other outdoor light fixtures lawfully installed prior to and operable on the
effective date of the requirements codified in this ordinance are exempt from all
such requirements except as
follows:
a. All replacement of outdoor lighting fixtures, as of the date of adoption, shall
be subject to the provisions of this ordinance.
b. Until a date six -three years after the date of adoption of this eedeordinance.;
Atigtist 3-1 2000.
B. Airport operations lighting and aircraft navigational beacons reauiredby the Federal or State
Law are pe"namefitly-exempt from
these provisions. All other airport outdoor lighting must conform to
the intent ofwith this
ordinance.
-- - --- - -- - --- - --- --
-- -
- --- - -- ------ - - -- -- ----- - --
.-. - ... -MAMA
:A-.. -ethan4 days are exeniptfroni the
&.C.
rements of this ordinanee. Seasonal holida lighting from the day after Thanksgiving to
lanuary 15 is_exempt Other event-specjfic lighting for.no more than fourteen cumulative
des in�sin _ calendar ear also is exempt "Event -specific l htin "means lighting other
than seasonal holiday Hghtin�� it f_�. period not to exceed fourteen cumulative
days in a calendaryear, associated with a holiday or other special occasion.
E-.Q P—arni all and � Special events that require the use of temporary outdoor lighting
GI!lIVGlJ G!lR.2 ! u!e
fixtures are exempt for._u tp o 10 consecutive days._exeettlPermanent installations at
dedicated sites must conform to the requirements of this ordinance.
r YI:L\l\lt..l'--d l-l:ll\1Mt1=_1.[w7..[!l.[�I<[7.'�i.i�?i�iGi\i?i+i:i�imrs+. •+•.�+�..••..-.+-.-..
++E. U.S. flags displayed by top mounted lighting on a 24-24--hours basis.
1-.F. Internally lighted advertising signs.
G. Bottom mounted fix#�area4n._externally ljtighted adverb-si signsand billboards irtwhtch
case such fixtures —h,aL
!behielded either by application of external device or
manufactured in such a way that upward and side directed light is- confined to an area
within four inches of the outermost surface of the signs top and sides. Shielding will be
constructed in such a manner that no reflective surface of the lighting fixture will extend
past the limit of the shielding in the vertical plane when viewed from directly above.
tH.Temporary exemptions to the provision(s) of DCC Title 15 for five days cumulativelyin ap,&r
calendar year.
K.I. Television or movie film productions are exempt except that permanent installations at
dedicated sites must conform to the requirements of this ordinance.
U.J. Farm_inforest
rracticespermanent Permanent installations at dedieated sites must conform to the
requirements of this ordinance.
K. Construction l_ight.i.rlg necessary for an allowed use. are exempt exeept that Permanent
installations at dedicated sites must conform to the requirements of this ordinance.
L. Recreational Facilities. Outdoor libt fixtures in association with a sports or recreational
facility, public orrivate._rior to eleven o'clock_P_M.
M. Strip Lights, subject to the followin standards:
1.__ trin _ljghts.shatt not be used to sotety illuminate or_ ecorate landsca in features,,
walls. orfences.
2._ __All installations of strngl�htin shall em�lov lamps that do not ftasb._or flicker.
3. In association with non-residential uses, string lights maybe installed in outdoor
dinin and entertainment areas only and shalt not be used to delineate.or outline
the edges of a build n or for any other�urpose. Strin ti htin must be comptetely
extin Ws-hed bv_th Bend of normal siness hours.
4._._.In association with residential uses. strjn li htin maybe used to delineate or.
outline the edges of atios._. orp ches, decks and similar structures. Strjn-gli htjn
must be completely extinguished by 11 P.M.
5._ These,timitations do not apply to str ljghts use -as holiday lighting which are
instead sub�iect to holiday tihting standards.
N. Publicl Owned Lighting. Publicly owned lihtjn9 (including streetlights located jn the public
ri ht-of-way) shall be fully shielded but are not reauired to com l _with light trespass
requirements.
O. Searchlights. The pperation of searchlights for purposes_other_than public safetyor
emergencies is prohibited
HISTORY
Adopted by Ord. 94-024 §1 on 8/31/1994
Amended by Ord. 95-063 §1 on 10/11/1995
Amended by Ord. 99-022 §1 on 8/25/1999
Renumbered &Amended by Ord 2025-018 §1 on xx/xx/2025
15 10 +W070 Violations And Penalties
For any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve or
convert any lighting structure, or cause the same to be done, contrary to or in violation of any
provision of this ordinance shall constitute a code violation subject to DCC 18.144.050.
HISTORY
Adopted by Ord. 94-024 §1 on 813111994
Amended by Ord. 95-063 §1 on 10/1111995
Amended by Ord. 2003-021 §33 on 41912003
Renumbered by Ord. 2025-018 §1 on xx1xx12025
15 10 490080 Violations Constitute Public Nuisance
Any outdoor lighting fixture erected, constructed, enlarged, altered, repaired, moved, improved, or
converted, contrary to the provisions of this ordinance shall constitute a public.nuisance cede
vietatiortsubject to DCC 18.144.040.
HISTORY
Adopted by Ord. 94-024 §1 on 8/31/1994
Amended by Ord. 95-063 §1 on 10/11/1995
number_ed &Amen ed b Ord. 2025-01.8_§1 on xx/xx/2025
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FINDINGS
DARK SKIES TEXT AMENDMENTS
I. APPLICABLE CRITERIA:
Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating this amendment, the County bears
the responsibility for demonstrating consistency with Statewide Planning Goals and the existing
Comprehensive Plan.
II. BACKGROUND:
Since November 2021, both the Board and Planning Commission have expressed support for
updating DCC Chapter 15.10, Outdoor Lighting Control. In February 2022, the Planning Commission
convened an 8-person panel reflecting varying perspectives related to dark skies and outdoor
lighting. The panel discussed the importance of dark sky best practices and the increase in light
pollution in the region from approximately 2012-2020.
In April 2022, the Board directed staff to pursue dark skies best practices and potential goals and
policies as part of the Deschutes County 2040 Comprehensive Plan Update process. In October,
during a Community Development Department FY 2022-23 Planning Division Work Plan Update, the
Board expressed support for revisiting DCC Chapter 15.10 as a standalone work item, emphasizing
educational outreach efforts rather than code enforcement responses.
Staff convened a second panel discussion in April 2023 to further explore such issues. The panel
included representatives from the Oregon Chapter of International Dark -Sky Association
(subsequently renamed to DarkSky International), an astronomer, Visit Central Oregon, Central
Oregon Builders Association (COBA), Deschutes County Code Enforcement, a farmer/rancher, and
a science educator.
Notable points that were raised by individuals (but not necessarily group consensus) in this panel
included:
• Code update should include a revised purpose statement
• Exception from shielding for lights on timers should be eliminated
• Dark skies initiative is a great example of a diverse economic driver that aligns with natural
resource values, destination values, etc. associated with the types of visitors that come to
Central Oregon
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
1� (541) 388-6575 Pcdd9deschutes .org @www.deschutes.org/cd
• Full cutoff fixtures and prevention of light trespass are already measures that the building
community is supportive of, but they would likely not be supportive of additional inspection
fees
• Timers are often the subject of complaints - while they are on a timed window, they can be
triggered multiple times each night, which creates more or less continuous lighting.
• If all lighting is required to be shielded, it could aid with enforcement
Existing Regulations
DCC Chapter 15.10, Outdoor Lighting Control, was adopted in 1994. The 1994 amendments require
all private and commercial outdoor lighting fixtures located in the unincorporated areas installed
after August 10, 1994 utilizing a 110-watt or brighter incandescent bulb to be shielded by design or
modification that directs light downward, and must limit direct line -of -sight of the fixture's lamp to
the property on which the fixture is installed. Other types of bulbs have different shielding
requirements depending on wattage. DCC Chapter 15.10 also provides several exemptions.
Legislative Approach and Challenges
Updating lighting regulations to improve dark skies has been a consistent theme of Board, Planning
Commission, citizen, and panel discussion on this topic. Any new regulations must balance the
effectiveness of the code against the public and private costs to operate and enforce the program.
Notably, implementation and enforcement are significant challenges; as a result, the proposed
amendments seek to simplify the code wherever possible; the proposed code also includes guiding
principles for effective and responsible lighting that are not intended to be mandatory approval
criteria. In addition to the proposed code amendments, staff will initiate public education efforts
aimed at educating County residents and visitors about dark sky principles.
The Building Safety Division administers and implements state building codes. Plans examiners and
building inspectors do not have the capacity to review or inspect outdoor lighting fixtures through
a separate, unfunded application for lighting review. Currently, every building permit reviewed by
the Building Safety Division Plan is stamped with a notation that exterior lighting must comply with
Deschutes County's lighting regulations. At final inspection, however, not everything noted or
stamped on a building plan is inspected.
Outdoor lighting -related code enforcement violations are currently identified as a relatively low
priority for resolution. Currently, outdoor lighting -related complaints constitute approximately 2%
of the total received annually. Code enforcement specialists typically send educational materials to
violators to encourage them to achieve compliance through changing their lights and/or shielding
their lighting fixtures. Generally, outdoor lighting regulations are difficult to enforce for reasons of
property access, inaccuracy of photos as evidence, after-hours site visits/investigations,
inaccuracies/calibration/training for measurement devices, and other issues. Notably, code
enforcement staff observed during the 2023 panel that a simpler code would likely be easier to
enforce.
III. AMENDMENT SUMMARY:
EXHIBIT B - Ordinance No. 2025-018 Page 2 of 8
The proposed streamlined code takes the challenges of enforcement and implementation into
consideration, while addressing concerns that have been raised by experts and the public over the
last several years.
• Definitions: Definitions, which previously utilized a separate section for each term, have been
consolidated into a single section, and superfluous or outdated definitions (for instance,
those defining certain types of light fixtures that are no longer referred to in the chapter)
have been removed. New definitions have been provided for several terms, most notably
"downcast," "light trespass," and "string lights."
• Purpose statement: This statement has been revised utilizing input from a DarkSky
representative to reflect the need for lighting practices that are both safe and responsible,
recognizing the County's night sky as an economic and community natural resource.
• Guiding principles: These principles, based on those from DarkSky International, have been
added and are not intended to be mandatory. However, recognizing the limitations of
enforcement, guiding principles can provide applicants with best practices for responsible
lighting concepts.
• Primary requirements: DCC 15.10.050 presents three requirements applicable to all non-
exempt outdoor light fixtures: lights must be downcast, fully shielded, and light trespass is
prohibited. The proposed amendments remove distinctions between —and tables referring
to —different types of bulbs/fixtures and wattage in favor of a simplified approach that is
easier to implement and enforce. During the panel discussions, this simplification was
acknowledged as a potentially effective strategy that recognizes the limitations of
implementation and enforcement and that is easy to understand.
• Prohibitions (formerly DCC 15.10.150) and externally lighted advertising signs (formerly DCC
15.10.160): Both of these sections were deleted, with some language moved to DCC
15.10.060, Exemptions. Both contained redundant references to lighting that must conform
to the shielding requirements that apply to all non-exempt fixtures (for instance, top
mounted fixtures for advertising signs). Provisions for searchlights, recreational facilities,
and bottom mounted advertising lighting were moved to DCC 15.10.060 Exemptions, which
more accurately captures the criteria for these types of light fixtures.
• Exemptions: The proposed amendments clarify some existing exemptions and add others
(see above). The amendments remove several exemptions that would now be subject to the
requirements of DCC 15.10.050, including correctional institutions, historical areas, and
motion detector lights. The amendments add exemptions for string lights, publicly owned
lighting including streetlights, and searchlights.
IV. BASIC FINDINGS
The Planning Division determined that amendments were necessary to incorporate changes to
modernize Deschutes County's outdoor lighting standards. Staff initiated the proposed
EXHIBIT B - Ordinance No. 2025-018 Page 3 of 8
amendments and notified the Oregon Department of Land Conservation and Development on June
5, 2025 (File no. 247-25-000377-TA). As demonstrated in the findings below, the amendments
remain consistent with Deschutes County Code and the Statewide Planning Goals.
V. FINDINGS:
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: This criterion is met because a public hearing was held before the Deschutes County
Planning Commission (Commission) on 7/10/2025 and a public hearing was held before the Board
of County Commissioners (Board) on 8/27/2025.
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 is met as notice was published in The Bulletin newspaper on 6/29/2025 for
the Commission public hearing and on 8/15/2025 for the Board public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: The proposed amendments are legislative and do not apply to any specific property.
Therefore, individual notice is not required.
EXHIBIT B - Ordinance No. 2025-018 Page 4 of 8
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion has been met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board and has received a fee waiver. This criterion has been met.
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order.
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: This criterion is met as the Commission held a public hearing on 7/10/2025. The Board
held a public hearing on 8/27/2025.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-25-000377-TA will be
implemented by ordinances upon approval and adoption by the Board. This criterion will be met.
Oregon Statewide PlanningGoals:
oals:
Statewide Planning Goal 1 - Citizen Involvement:
This goal outlines the citizen involvement requirement for the adoption of Comprehensive Plans
and changes to the Comprehensive Plan and implementing documents.
FINDING: The County's citizen involvement program ensures that any amendments to the County's
development code are reviewed through a duly noticed public process. This legislative process to
EXHIBIT B - Ordinance No. 2025-018 Page 5 of 8
review the proposed amendments will require two public hearings, one before the Commission on
7/10/2025 and one before the Board on 8/27/2025.
Information was distributed throughout the process via the project website and through social
media and email. All Commission and Board work sessions were open to the public and noticed in
accordance with the County's rules and regulations. All work session materials, including meeting
recordings and summaries, were available on the County's website. All the aforementioned venues
provided the opportunity for gathering feedback and comments.
As part of the legislative process, public notice requirements for the Commission and Board public
hearings were met. The notice was sent to persons who requested notice, affected government
agencies, and was published in the 6/29/2025 and 8/15/2025 issues of the Bend Bulletin. The notices
invited public input and included the phone number of a contact person to answer questions. The
notice also included the address of the Countys webpage where the draft of the proposal can be
viewed.
Statewide Planning Goal 2 - Land Use Planning:
This goal outlines the land use planning process and policy framework. The County's
Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning
goals.
FINDING: Deschutes County has an acknowledged Comprehensive Plan and enabling ordinances.
The amendments to the DCC are being undertaken to bring residential development standards,
criteria, and procedures into compliance with state statutes.
The amendments are being processed in accordance with the County's adopted procedures, which
requires any applicable statewide planning goals, federal or state statutes or regulations,
comprehensive plan policies, and the County's implementing ordinances be addressed as part of
the decision -making process. The amendments are being processed as a post -acknowledgement
plan amendment (PAPA) and noticing requirements have been met. All applicable review criteria
have been addressed within this staff report; therefore, the requirements of Goal 2 have been met.
Statewide Planning Goals 3 and 4 - Agricultural Lands and Forest Lands:
FINDING: No changes related to agricultural or forest lands are proposed as part of the text
amendments. The amendments seek to encourage the utilization of responsible lighting practices
that recognize the County's night sky as an economic and community natural resource while still
allowing customary farm and forest practices to occur. This goal does not apply.
Statewide Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces:
FINDING: This goal requires the inventory and protection of natural resources, open spaces, historic
sites and areas. No changes related to Goal 5 resources are proposed as part of the text
amendments. This goal does not apply.
EXHIBIT B - Ordinance No. 2025-018 Page 6 of 8
Statewide Planning Goal 6 - Air, Water, and Land Resource Quality:
FINDING: The County is currently in compliance with the State's Goal 6 program. The amendments
do not alter the County's acknowledged land use programs regarding air, water, and land resource
quality. This goal does not apply.
Statewide Planning Goal 7 - Areas Subject to Natural Hazards:
FINDING: No changes will occur to County programs related to flood management, wildfire
mitigation, or other natural hazards. This goal does not apply.
Statewide Planning Goal 8 - Recreational Needs:
FINDING: The proposed amendments do not address or alter any County recreational programs or
land use requirements related to parks and recreation. This goal does not apply.
Statewide Planning Goal 9 - Economic Development:
FINDING: The proposed amendments do not alter the County's compliance with Goal 9, which is to
provide adequate opportunities for a variety of economic activities vital to the health, welfare, and
prosperity of Oregon's citizens. The amendments seek to encourage the utilization of responsible
lighting practices that recognize the County's night sky as an economic and community natural
resource. The proposed amendments are in compliance with Goal 9.
Statewide Planning Goal 10 - Housing:
FINDING: This goal is not applicable because unlike municipalities, unincorporated areas are not
obligated to fulfill certain housing requirements.
Statewide Planning Goal 11 - Public Facilities and Services:
FINDING: The County is currently in compliance with Goal 11 through its acknowledged
Comprehensive Plan. The amendments do not alter the County's compliance with Goal 11 and are
consistent with this goal.
Statewide Planning Goal 12 - Transportation:
FINDING: The County is currently in compliance with Goal 12 and Metro's Regional Transportation
Plan through its acknowledged Comprehensive Plan and TSP as required by Oregon Administrative
Rule 660-012 (Transportation Planning Rule - TPR). The proposed amendments do not alter the
County's compliance with Goal 12.
Statewide Planning Goal 13 - Energy Conservation:
EXHIBIT B - Ordinance No. 2025-018 Page 7 of 8
FINDING: The County is currently in compliance with Goal 13 through its acknowledged
Comprehensive Plan. The amendments do riot alter the County's compliance with Goal 13 and are
consistent with this goal.
Statewide Planning Goal 14 - Urbanization:
FINDING: The County is currently in compliance with Goal 14 through its acknowledged
Comprehensive Plan and land use regulations. The County also has signed Joint Management
Agreements with the cities of Bend, Redmond, and Sisters as required by ORS 195.065. The
amendments do not alter the County's compliance with Goal 14 and are consistent with this goal.
VI. CONCLUSION:
Based on the information provided herein, staff recommends the Board of County Commissioners
approve the proposed text amendments that make changes necessary to modernize the outdoor
lighting ordinance.
EXHIBIT B - Ordinance No. 2025-018 Page 8 of 8
MEETING DATE: September 10, 2025
SUBJECT: Eastern Oregon Solar Siting Rules / Options for Consideration for Exclusive Farm
Use and Forest Use Zones
RECOMMENDED MOTION:
EFU Zoning
1. Adopt Order No. 2025-042, opting out of Eastern Oregon Solar Siting Rules.
2. Do nothing and automatically opt -in effective January 1, 2026.
3. Initiate a customized program, under the provision of Statewide Planning Goal 5 and
adopt a temporary opt -out resolution, Order No. 2025-043, that will be repealed once
a plan amendment is adopted. Given the significance of this work program, it would
need to be prioritized as work task in CDD`s FY 2025/2026 or 2026/2027 work
program.
Forest Use Zoning
1. Continue to allow photovoltaic solar farms on 10 acres; or
2. Given the significance of this work program, it would need to be prioritized as work
task in the CDD FY 2025/2026 or 2026/2027 work program. The work task would
identify as a scope of work, opportunities for photovoltaic solar farms up to 240 acres.
BACKGROUND AND POLICY IMPLICATIONS:
On June 26, 2025, the Land Conservation and Development Commission (LCDC) adopted
Oregon Administrative Rules (OARS) that guide development of renewable photovoltaic
solar energy sites in Eastern Oregon on non-federal Exclusive Farm Use (EFU) and Forest
Use zoned land (Attachment 1). Staff is presenting the Board with several options to move
forward.
BUDGET IMPACTS:
None.
ATTENDANCE:
Tanya Saltzman, Senior Planner
Will Groves, Planning Manager
Peter Gutowsky, CDD Director
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
Will Groves, Planning Manager
Peter Gutowsky, AICP, Director
DATE: September 3, 2025
SUBJECT: Eastern Oregon Solar Siting Rules / Options for Consideration for Exclusive Farm Use and
Forest Use Zones
I. BOARD DIRECTION
On June 26, 2025, the Land Conservation and Development Commission (LCDC) adopted Oregon
Administrative Rules (OARS) that guide development of renewable photovoltaic solar energy sites in
Eastern Oregon on non-federal Exclusive Farm Use (EFU) and Forest Use zoned land (Attachment 1).
EFU Zoning
The administrative rules pertaining to EFU-zoned land become effective on January 1, 2026. Oregon
counties will be opted in to the Eastern Oregon Solar Siting Rules (Attachment 2) unless they specifically
take action to opt -out. There are three options for the Board of County Commissioners (Board) to
consider:
1. Maintain local control by adopting Order No. 2025-042, opting out of Eastern Oregon Solar
Siting Rules. This option allows Deschutes County to continue applying existing rules in OAR 660-
33-0130(38) for evaluating applications for photovoltaic solar power generation facilities
("facilities") on a case -by -case basis.
2. Do nothing. On January 1, 2026, the County is automatically opted into OAR 660-033-130(44),
which will enable Deschutes County, without amending its Comprehensive Plan or zoning code,
to approve applications for individual facilities/sites of set sizes in the EFU zone without taking an
exception to Goal 3: up to 160 acres on eligible high value farmland, 1,280 acres on arable
farmland, and 1,920 acres on non -arable, lower quality farmland. A discretionary land use decision
is still required, with public notice. Discretionary land use decisions may require a hearing and are
subject to appeal.
3. Initiate a customized program pursuant to OAR 660-023-0195 and under the provision of
Statewide Planning Goal 5. A customized solar siting program to designate photovoltaic solar
power generation areas in the county would be considered and adopted as part of a
comprehensive plan update. This option will involve a more robust public process and allow for
acreage sizes for individual application sites larger than allowable under OAR 660-033-130(44): up
to 240 acres on eligible high value farmland, 2,560 acres on arable farmland, and 3,840 acres on
non -arable, lower quality farmland. Given the significance of this program, it would need to be
prioritized as work task in the Community Development Department's (CDD) FY 2025/2026 or
2026/2027 work program. In order to implement this option, the Board would adopt a temporary
opt -out order, Order 2025=043, which would be repealed once the plan amendment is adopted
(Attachment 3). If executed, this option, like Option 2, will require a discretionary land use decision
and public notice, with the possibility of a hearing and potentially, an appeal.
Forest Use Zoning
LCDC also amended the Forestland Rules, OAR 660, Division 6, to increase the acreage threshold for
applications for photovoltaic solar projects from 10 acres to 240 acres without taking an exception to
Goal 4. Expanding this use in Forest Use zones will be a significant undertaking because it will require an
extensive Goal 5 Economic, Environmental, Social, and Energy (ESEE) analysis due to wildlife inventories
that include Elk Range, Tumalo Deer Winter Range, and Metolius Deer Winter Range, and Deer Migration
Range. There are two options for the Board's consideration:
1. Continue to allow photovoltaic solar farms on 10-acre parcels of property in the Forest Use zones;
or
2. Prioritize as a work task in the CDD FY 2025/2026 or 2026/2027 work program the development
of opportunities for photovoltaic solar farms up to 240-acres in the Forest Use zones. .
11. DESCHUTES COUNTY COMMERCIAL SOLAR PROJECTS
From 2015 to 2019, Deschutes County approved six commercial photovoltaic solar projects, all without
appeals, on EFU-zoned lands. Five have been developed. Compared to other solar projects in Eastern
Oregon, which can encompass thousands of acres and generate hundreds and in some cases thousands
of megawatts (MW), facilities in Deschutes County are relatively small.'
Table 1 — Deschutes County Commercial Solar Projects
Name
Location
' Size
Power Generation
Oregon Solar Land Holdings
21850 Highway 20
156 acres
10 MW
NorWest Energy 2, LLC
62435 Erickson Road
118 acres
10 MW
Central Electric Co-op
61090 27th Street
22 acres
550,000 Watts
Saturn Power Corporation
9500 S Highway 97
95 acres
10 MW
Bear Creek Solar Center, LLC
21705 Neff Road
62210 Hamby Road
90 acres
1 o MW
Alfalfa Solar Farm, LLC *
26780 Austin Road
120 acres
10 MW
The average size of the six commercial solar farms approved in Deschutes County is 100 acres.
-2-
*Alfalfa Solar Farm's land use approval expired in 2023.
Regarding solar projects on federal land in Deschutes County, on November 21, 2024, the Bureau of Land
Management (BLM) issued a notice of segregation of 4,037 acres of public land for the "Expedition Solar
Project" near juniper Preserve Destination Resort and Highway 97.2 If initiated, local land use approval is
not required. Figure 1 below illustrates the approximate location. According to BLM, the project is
proposed to be a 700 MW solar farm. it is currently in preliminary review.'
Figure 1 - Approximate Location of BLM / Expedition Solar Project
111. RULEMAKING
Passed by the Oregon Legislature in 2023, House Bill (HB) 3409 directed the Department of Land
Conservation and Development (DLCD) to collaborate with a Rulemaking Advisory Committee (RAC) to
develop a process for identifying opportunities for, and reducing conflicts in, siting solar photovoltaic
energy facilities in Eastern Oregon. DLCD held 14 meetings with the RAC between February 2024 and
April 2025. The goal was to identify sites that support photovoltaic solar energy generation projects to
help meet Oregon's clean energy goals. In HB 3409, legislators directed that this should happen without
unnecessarily encroaching upon resources that are important to Oregonians as reflected in the statewide
land use planning program. Legislators specified that the rules should preserve or mitigate impacts on
culturally significant areas, wildlife habitats, and areas vital for farming, ranching, and forestry.'
z https://www federalregister.gov/documents/2024/11 /21 /2024-27320/notice-of-segregation-of-public-land-for-the-expedition-
solar-project-deschutes-county-oregon
3 https://www blm gov/programs/energy-and-minerals/renewable-energy/active-renewable-
projects#Projects%20in%20Preliminary%20Review. Before enteringformal environmental review underthe National
Environmental Policy Act, proposals for renewable energy projects undergo agency preliminary review. This includes but is not
limited to adjudication for completeness and conformance with regulatory requirements, processing prioritization, and
development of a cost recovery agreement with applicants.
4 https://links-2, og vdelivery.com/CLO/https:%2F%2Fwww.oregon gov%2FIcd%2FCommission%2FDocuments%2F2025-
06 Item 4 Combined.lodf0/63Futm medium=email%26utm sou rce=govdelivery/ 1/01010197ccedba01-377d3959-c059-4acb-
b53b-92891 abfd891-000000/SNtchl rnUUuQjxuTg83seh6i-EUIZDWug6VGWRD5VY=412
-3-
EFU Zoning
On June 26, 2025, LCDC adopted OARs that guide development of renewable solar energy sites in Eastern
Oregon on EFU zoned properties. These regulations become effective on January 1, 2026. Counties are
opted -in and must comply with these regulations unless they specifically take action to opt -out. The rules
provide counties with several pathways for reviewing photovoltaic solar power generation facilities on
non-federal EFU zoned lands.
• OAR 660-033-0130(38): These are the existing rules in Division 33 (Agricultural Land) that counties
currently use for evaluating proposals for photovoltaic solar power generation facilities. This
pathway is currently available to counties and will remain an option if a county makes a decision
to opt out of the new rules in Division 23 or Division 33. These existing rules allow limited solar
development on farmland and require approval of an exception to Statewide Planning Goal 3 for
any significantly sized renewable solar project (more than 12 acres on high -value farmland, more
than 20 acres on arable lands, and more than 320 acres on non -arable lands). If counties choose
this option, they need to take formal action to opt out of the new Division 33 rules.
• OAR 660-033-0130(44): The new rules in Division 33 automatically apply unless a county takes
formal action to opt out. These rules allow counties to review individual applications for
photovoltaic solar power generation facilities/sites. Under these rules, a county would not be
required to adopt comprehensive plan and land use code amendments for rule implementation.
Counties are allowed to approve individual facilities/sites of set sizes on EFU-zoned properties as
follows: up to 160 acres on high value farmland, 1,280 acres on arable farmland, and 1,920 acres
on non -arable, lower quality farmland.
• OAR 660-023-0195: The new Division 23 (Natural Resources) rules give counties direction on how
to adopt their own customized solar siting program, under the provisions of Statewide Planning
Goal 5. Adoption of such a program would occur as part of a comprehensive plan update to
designate photovoltaic solar power generation areas in the county. This option involves a more
robust public process and allows for larger acreage sizes for individual application sites: up to 240
acres on high value farmland, 2,560 acres on arable farmland, and 3,840 acres on non -arable,
lower quality farmland.
Forest Use Zoning
LCDC.also amended the Forestland Rules, OAR 660, Division 6, to increase the acreage threshold for a
photovoltaic solar project that can be processed as a conditional use from 10-acres to 240-acres on Forest
Use zoned lands without taking an exception to Goal 4.
IV. SOLAR SITING in EFU ELIGIBLE AREAS
The new solar siting rules apply to all non-federal EFU zoned properties with several exceptions listed
below:
• Sage -grouse Habitat
• Priority Wildlife Connectivity Areas
M
• High Use and Very High Use Wildlife Migration Corridors
• Wildlife habitat characterized by Oregon Department of Fish and Wildlife (ODFW) as Category 1
• Urban Reserve Areas
• EFU lands with an appurtenant water right as of 1 /1 /24
• High -value Farmland
• Metolius Area of Critical State Concern
• Location predominantly beyond 10 miles of a transmission line with a rating of 69 KV or above
It is difficult to accurately identify the number and scope of eligible EFU properties in Deschutes County
because the following data is not readily available:
• Wildlife habitat characterized by ODFW as Category 15
• EFU lands with an appurtenant water right as of 1 /1 /24
• High -value Farmland
Excluding the three data sets listed above, Table 2 identifies the properties in Deschutes County that
could potentially take advantage of the new rules. Many of the EFU parcels, however, are irrigated,
rendering them ineligible, meaning that actual eligibility is likely less than the estimates below.
Furthermore, as depicted in Table 3, 95% of the potentially eligible properties consist of 100 acres or less.
Table 2 - Potentially Eligible EFU Properties for Solar Siting
EFU Zoned Properties
Taxlots
Acres
(Gross) Non -Federal Ownership
9,409
250,576
Exceptions
Taxlots
'Acres
Sage Grouse Habitat
4,434
152,697
Priority Wildlife Connective Areas
High Use and Very High Use Wildlife Migration Corridors
Redmond Urban Reserve Area
Metolius Area of Critical State Concern
Location predominantly beyond 10 miles of a transmission line with a
rating of 69 KV or above
Potentially Eligible EFU Properties'
Taxlots
Acres
(Net) Non -Federal Ownership
4,975
97,879
Table 3 - Potentially Eligible EFU Properties for Solar Siting by Acreage Category
Acreage Category
Properties
% of Total
Acres
% of Total
0-5
2,206
44%
3,421
3%
5-10
700
14%
5,287
5%
10-20
789
16%
12,699
13%
20-40
727
15%
22,147
23%
5 There is no official map for ODFW Habitat Category 1. Category 1 habitat is defined as essential, limited, and irreplaceable.
Examples include bogs and fens, certain springs, seeps, and heron rookeries. An applicant would provide this data in a project
level assessment.
6 High -value Farmland, defined in Deschutes County Code, Chapter 18 04, Title, Purpose and Definitions, recognizes tracts of
land composed of predominant soil types when irrigated.
Excludes ODFW Category 1 wildlife habitat, EFU lands with an appurtenant water right as of 1 /1/24 and High -value Farmland.
-5-
40_80
329 _
7%
18,399 �
19%
80-200
189
4%
23,158 _
_ 24%
200-400
25
1 %
6,515
7%
400-600
_
6
_
0.12%
2,668
3%
600-800
2
0.04%
1,323
1 %
800-1,000
1
0.02%
846
1%
1,000+
1
0.02%
1,416
1 %
TOTAL
4,975
100%
97,879
100%
V. OPTIONS
Deschutes County has a history of approving applications for renewable solar energy projects. As
noted above, six have been approved since 2015. The new solar siting rules cater to Eastern Oregon
counties with sparsely populated areas and large non -irrigated EFU tracts and Forest Use zoned tracts.
However, the new rules are somewhat impractical to implement in Deschutes County, when factoring
in the limited eligibility area and more importantly, the small average parcel size of EFU zoned
properties and for Forest Use zoned properties, wildlife resources. Options for the Board's
consideration are:
EFU Zoning
1. Adopt Order No. 2025-042, opting out of Eastern Oregon Solar Siting Rules.
2. Do nothing and automatically opt -in effective January 1, 2026.
3. Initiate a customized program, under the provision of Statewide Planning Goal 5 and adopt a
temporary opt -out order, Order No. 2025-043, that will be repealed once a plan amendment is
adopted. Given the significance of this work program, it would need to be prioritized as work task
in CDD's FY 2025/2026 or 2026/2027 work program.
Forest Use Zoning
1. Continue to allow photovoltaic solar farms on 10-acre-sized Forest Use -zoned parcels; or
2. Prioritize as a work task in the CDD FY 2025/2026 or 2026/2027 work program the development
of opportunities for photovoltaic solar farms up to 240 acres in the Forest Use zones.
Attachments:
M
1. DLCD Eastern Oregon Solar Siting Rule Summary
2. Opt -Out Order 2025-042
3. Temporary Opt -Out Order 2025-043
-7-
OREGON
f Department of.
Land Conservation
& Development
Eastern Oregon Solar Siting Rules
The Land Conservation and Development Commission (LCDC) adopted new rules for Eastern
Oregon Solar Siting at the June 2025 LCDC meeting. These rules will go into effect January 1,
2026.
Background
This rulemaking was directed by the passage of House Bill 3409 (HB 3409) in 2023 and the
subsequent LCDC charge to DLCD staff in November 2023. DLCD staff formed and worked with
a Rulemaking Advisory Committee (RAC) to draft new regulations designed to find opportunities
and reduce conflicts when siting photovoltaic solar power generation facilities in Eastern Oregon.
Rulemaking
The new rules aim to make the process of siting photovoltaic solar facilities easier for counties
and developers while protecting farmland, wildlife habitat, and important cultural resources.
The RAC met 13 times to help shape these recommendations. Staff held five of these meetings in
Eastern Oregon. Five Technical Advisory Committees (TAC's) were also created to help inform
this process.
Key updates include:
• New "solar area" designations for Eastern Oregon counties (OAR 660-023-0195)
• The ability for Eastern Oregon counties to review individual solar applications on farmland
(OAR 660-033-0130(44))
• An emphasis on community benefits for Eastern Oregon communities
• Protections for wildlife habitat, high -value farmland, and archaeological, historical, and
cultural resources
Pathways for Solar Development
It is important to note that these new pathways for solar development are in addition to existing
permitting pathways of OAR 6660-033-0130(38), the Exceptions Process, and the option of going
through the Energy Facility Siting Council (EFSC). These rules apply only to Eastern Oregon.
Standards for renewable energy development in Western Oregon remain unchanged. Counties in
Eastern Oregon may continue using existing rules if they prefer.
Solar Areas and Solar Sites
This rulemaking offers two pathways for permitting photovoltaic solar Division 23: Solar Areas and
Division 33: Solar Sites. While largely similar, the chart on the following page highlights these
similarities and a few important differences between them.
7/1 /2025 Department of Land Conservation and Development www.oregon.gov/icd
OREGON
Department of
Is
`
Land Conservation
& Development
Division 23: Solar Areas
Division 33: Solar Sites
Applicability
Requires Plan Amendment
Direct unless county opts out
Acreage Thresholds
240 acres high value
160 acres high value
farmland
farmland
2,560 acres arable land
1,280 acres arable land
3,840 acres nonarable land
1,920 acres nonarable land
Agricultural Mitigation
Payment Option and
Payment Option only
Considerations
Alternative Option
Wildlife Mitigation
Yes, with recommendations
Yes, with recommendations
Considerations
from ODFW
from ODFW
Historic, Cultural,
Individual project review
Individual project review
Archaeological
required
required
Community Benefits
Payment Option and
Payment Option only
Considerations
Alternative Option
Military Airspace
Yes
Yes
Considerations
Robust Public Process and
Yes
No
Community Engagement
Ongoing Work
HB 3409 requires DLCD to provide a report to the Legislature that will include a summary of the
adopted rules. The report will also include related items, such as mitigation practices, technical
assistance resources to support local governments and tribes, and recommendations for future
consideration. A draft report is due on or before September 15, 2025. The final report is due on or
before December 31, 2025.
The department will monitor the effectiveness of these rules over time. Staff will report to LCDC in
July 2027 on how effective the rules have been, which counties have implemented them, and
suggestions for improvements.
For more information, please contact Sadie Carney, 503-383-6648, sadie.carney aQdlcd.oregon.gov or Jon
Jinings, 541-325-6928, ion.jinings(@dlcd.oregon.gov
7/1 /2025 Department of Land Conservation and Development www.oregon.gov/lcd
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Opting Out of Eastern Oregon Solar
Siting Rules pursuant to House Bill 3409 * ORDER NO. 2025-042
WHEREAS, The Land Conservation and Development Commission (LCDC) adopted new rules for
Eastern Oregon Solar Siting at the June 2025 LCDC meeting. These rules will go into effect January 1, 2026; and
WHEREAS, This rulemaking was directed by the passage of House Bill 3409 (HB 3409) in 2023 and
the subsequent LCDC charge to DLCD (Department of Land Conservation and Development) staff in November
2023. DLCD staff formed and worked with a Rulemaking Advisory Committee (RAC) to draft new regulations
designed to find opportunities and reduce conflicts when siting photovoltaic solar power generation facilities in
Eastern Oregon; and
WHEREAS, Oregon Administrative Rule (OAR) allows counties three pathways for reviewing
photovoltaic solar power generation facilities on agricultural lands in Eastern Oregon: 1) Utilize new rules for
Division 33 (OAR 660-033-0130(44)) for solar siting, which occurs if the County takes no formal action; 2)
Continue to use the existing rules in Division 33 (OAR 660-033-0130(38)) and formally opt out of the new rules;
or 3) Adopt a customized program under the provision of Statewide Planning Goal 5 (OAR 660-023-0195) as part
of a comprehensive plan update and robust public process; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Effective January 1, 2026, Deschutes County shall opt out of new solar siting provisions in
660-033-0130(44) and retain the existing provisions in OAR 660-033-0130(38) for solar siting facilities.
Dated this of BOARD OF COUNTY COMMISSIONERS
20 OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
PAGE 1 OF 1-ORDER No. 2025-042
ANTHONY DeBONE, Chair
PATTI ADAIR, Vice Chair
PHIL CHANG, Commissioner
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Opting Out Temporarily of Eastern
Oregon Solar Siting Rules pursuant to House Bill * ORDER NO. 2025-043
3409
WHEREAS, The Land Conservation and Development Commission (LCDC) adopted new rules for
Eastern Oregon Solar Siting at the June 2025 LCDC meeting. These rules will go into effect January 1, 2026; and
WHEREAS, This rulemaking was directed by the passage of House Bill 3409 (HB 3409) in 2023 and
the subsequent LCDC charge to DLCD (Department of Land Conservation and Development) staff in November
2023. DLCD staff formed and worked with a Rulemaking Advisory Committee (RAC) to draft new regulations
designed to find opportunities and reduce conflicts when siting photovoltaic solar power generation facilities in
Eastern Oregon; and
WHEREAS, Oregon Administrative Rule (OAR) allows counties three pathways for reviewing
photovoltaic solar power generation facilities on agricultural lands in Eastern Oregon: 1) Utilize new rules for
Division 33 (OAR 660-033-0130(44)) for solar siting, which occurs if the County takes no formal action; 2)
Continue to use the existing rules in Division 33 (OAR 660-033-0130(38)) and formally opt out of the new rules;
or 3) Adopt a customized program under the provision of Statewide Planning Goal 5 (OAR 660-023-0195) as part
of a comprehensive plan update and robust public process; and
WHEREAS, if the County chooses to adopt a customized program under the provision of Statewide
Planning Goal 5, it will temporarily opt out of the new rules for Division 33 (OAR 660-033-0130(44)) while it
undergoes the process to develop the customized program; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Effective January 1, 2026, Deschutes County shall temporarily opt out of new solar siting
provisions in Division 33 (OAR 660-033-0130(44)) while it undergoes the process to develop a customized
program for solar siting under the provision of Statewide Planning Goal 5.
PAGE 1 of 2- ORDER No. 2025-043
Section 2. During this time period, existing provisions for solar siting shall remain effective until such
time that a new program under the provisions of Statewide Planning Goal 5 and a comprehensive plan update are
adopted.
Dated this of
20
ATTEST:
Recording Secretary
PAGE 2 of 2- ORDER No. 2025-043
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
PATTI ADAIR, Vice Chair
PHIL CHANG, Commissioner
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BOARD OF
-•�,�� COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, SEPTEMBER 10, 2025
Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend
(541) 388-6570 1 www.deschutes.org
AGENDA
MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and
can be accessed and attended in person or remotely, with the exception of any executive session.
Members of the public may view the meeting in real time via YouTube using this link:
http://bit.ly/3mminzy. To attend the meeting virtually via Zoom, see below.
Citizen Input: The public may comment on any topic that is not on the current agenda.
Alternatively, comments may be submitted on any topic at any time by emailing
citizeninput@deschutes.org or leaving a voice message at 541-385-1734.
When in -person comment from the public is allowed at the meeting, public comment will also be
allowed via computer, phone or other virtual means.
Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer.
To join the meeting via Zoom from a computer, use this link: http://bit.ly/3h3ogdD.
• To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the
passcode 013510.
• If joining by a browser, use the raise hand icon to indicate you would like to provide public
comment, if and when allowed. If using a phone, press *9 to indicate you would like to speak and
*6 to unmute yourself when you are called on.
• When it is your turn to provide testimony, you will be promoted from an attendee to a panelist.
You may experience a brief pause as your meeting status changes. Once you have joined as a
panelist, you will be able to turn on your camera, if you would like to.
Deschutes County encourages persons with disabilities to participate in all
programs and activities. This event/location is accessible to people with disabilities.
If you need accommodations to make participation possible, call (541) 388-6572 or
email brenda.fritsvold@deschutes.org.
Time estimates: The times listed on agenda items are estimates one. Generally, items will be heard in
sequential order and items, including public hearings, may be heard before or after their listed times.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
The Board of Commissioners provides time during its public meetings for citizen input. This is an
opportunity for citizens to communicate to the Commissioners on matters that are not otherwise
on the agenda. Time is limited to 3 minutes.
The Citizen Input platform is not available for and may not be utilized to communicate obscene or
defamatory material.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734.
COMMISSIONER ANNOUNCEMENTS
CONSENT AGENDA
1. Victims of Crime Act (VOCA) / Criminal Fines Account (CFA) Grant
2. Approval to accept a grant from the Oregon Health Authority for Generation Parent
Management Training
3. Approval of a Notice of Intent to Award a contract to ORW Architecture for design
services of the Behavioral Health South County Remodel Project
4. Consideration of Board Signature on letters appointing Elizabeth Johnson, Heather Laird,
and Claudia Sarabia, for service on the Public Health Advisory Board
5. Consideration of Board Signature on letter thanking Duncan Atwood, for service on the
Four Rivers Vector Control District Board
6. Consideration of Board Signature on letters reappointing Hunter Neubauer, Matt Hurt
and Andrew Aasen, and appointing Detective Anthony Ramos, for service on the
Cannabis Advisory Panel
7. Consideration of Board Signature on letter appointing Grant Solich, for service on the
Project Wildfire Steering Committee
September 10, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3
ACTION ITEMS
8. 9:10 AM Emergency Management Perfor;nanr_e Grant
9. 9:25 AM Public Hearing: Property Line Adjustment / Minor Variance Text Amendments
10. 9:50 AM Public Hearing: Farm and Forest Housekeeping Text Amendments
11. 10:15 AM Consideration of first reading of Ordinance No. 2025-018: Dark Skies text
Amendments
12. 10:25 AM Eastern Oregon Solar Siting Rules / Options for Consideration for Exclusive
Farm Use and Forest Use Zones
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.
Convening as the Governing Body of the 9-1-1 Service District
13. Executive Session under ORS 192.660 (2) (d) Labor Negotiations
Reconvening as the Governing Body of Deschutes County
13. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
ADJOURN
September 10, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3