HomeMy WebLinkAboutOrdnc 010 - Code UpdatesDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 2, 2014
Please see directions for completing this document on the next page.
DATE: March 6, 2014
FROM: Paul Blikstad Department CDD Phone # 6554
TITLE OF AGENDA ITEM:
Public Hearing on Ordinance No. 2014-010, Staff initiated Text Amendments to Title 18 of the
Deschutes County Code (file no. TA-13-3), to have the code be in compliance with changes to state
law, in the Exclusive Farm Use Zone and the Forest Use Zones. Additionally, staff is recommending a
change to the definition of church, and adding language in the Flood Plain Zone to require a Substantial
Damage recording requirement for flood damages to residential structures.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
Planning Staffhas initiated a Text Amendment process to update the Deschutes County Code to
incorporate changes to the Oregon Revised Statutes and Oregon Administrative Rules for the Exclusive
Farm Use and Forest Use Zones. These amendments were reviewed by the Deschutes County Planning
Commission and were recommend for approval to the Board. A change to the defintion of "church" is
necessary to make the code consistent with RLUIP A, as recommended by County Counsel.
FISCAL IMPLICATIONS:
Since this is a Staff initiated text amendment, all costs are being borne by Community Development.
RECOMMENDATION & ACTION REOUESTED:
Open the public hearing and take testimony on the proposed changes. Possible deliberations the same
day or at some subsequent meeting.
ATTENDANCE: Paul Blikstad, Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
Planning Staffwill handle the distribution of documents, including notice of adoption to the Oregon
Department of Land Conservation and Development.
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: March 7,2014
TO: Board of County Commissioners
FROM: Paul Blikstad, Senior Planner
RE: Ordinance Text Amendment Updates
BACKGROUND:
The Oregon Legislature has made several changes to the Oregon Revised Statutes for the
Exclusive Farm Use Zone, and the Oregon Department of Land Conservation and Development
has also amended the Oregon Administrative Rules for the Farm and Forest Zones. These
changes need to be reflected in the Deschutes County Code, for Chapters 18.16, Exclusive
Farm Use Zone (EFU), and 18.36/18.40 for the Forest Use Zones (F-1 and F-2).
Additionally, staff has been advised by County Legal Counsel that we should amend the
de"finition of "church" to be in compliance with the Religious Land Use and Institutionalized
Persons Act (RLUIPA). And finally. Will Groves, Senior Planner believes we need to add a
section to our Flood Plain (FP) chapter to require a "substantial flood damage recordation" for
properties in the FP zone, to put the public on notice that a particular residential structure has
had flood damage.
Staff has initiated this text amendment process, and the proposed changes were reviewed by
the Planning Commission, which recommended approval of the changes at their February 27,
2014 meeting/hearing. No one testified at the hearing before the Planning Commission.
STAFF RECOMMENDATION
Staff recommends that the Board review and adopt the proposed changes. And because we
are implementing State Law and our code needs to be in compliance with the EFU and Forest
Use Zones, staff recommends adopting the changes by emergency so that there is little chance
of the County missing some regulation in state law.
Attached for your review is a copy of the proposed revisions for Chapters 18.16, 18.36, 18.40
and 18.96, as well as the new definition for "church."
I have scheduled this for the Board's work session on Monday March 31, 2014 for discussion,
and a public hearing for Wednesday, April 2, 2014. If you should have any questions, feel free
to contact me at your convenience.
Quality Services Perfonned with Pride
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code *
Title 18 to be Consistent With State Law in the * ORDINANCE NO. 2014-010
Exclusive Farm Use and Forest Use Zones, to Add a *
Definition of "Religious AssemblylHouse of *
Worship," and to Add Language in the Flood Plain *
Zone for a Substantial Damage Recording *
Requirement, and Declaring an Emergency *
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. TA-13-3) to the Deschutes County Code (DCC) Title 18, Chapter 18.16, Exclusive
Farm Use Zone, Chapters 18.36 and 18.40, Forest Use Zones, to incorporate changes to State Law under Oregon
Revised Statutes and Oregon Administrative Rules; and
WHEREAS, CDD also initiated a change to the definition of church, and added a Substantial Damage
recording requirement for residential structures in the Flood Plain Zone Chapter 18.96; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on February
27, 2014 and forwarded to the Deschutes County Board of Commissioners (Board), a recommendation of
approval; and
WHEREAS, The Board considered this matter after a duly noticed public hearing on April 2, 2014, and
concluded that the public will benefit from the proposed changes to DCC Title 18; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COlJNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 18.04 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 strikethrough.
Section 2. AMENDMENT. DCC Chapter 18.16 is amended to read as described in Exhibit "B,"
attached hereto and by this referenced incorporated herein, with new language underlined and language to be
deleted in strikethrough.
Section 3. AMENDMENT. DCC Chapter 18.36 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 strikethrough.
Section 4. AMENDMENT. DCC Chapter 18.40 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 strikethrough.
PAGE 1 OF 3 ORDINANCE NO. 2014-010 (4/2/14)
III
Section 5. AMENDMENT. DCC Chapter 18.96 is amended to read as described in Exhibit "E,"
attached hereto and by this reference incorporated herein, with new language underlined.
Section 6. FINDINGS. The Board adopts as it findings in support of this Ordinance Exhibit "F,"
attached hereto and incorporated by reference herein.
PAGE 2 OF 3 -ORDINANCE NO. 2014-010 (4/2/14)
Dated this ___of ____-' 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ANTHONY DEBONE, VICE CHAIR
ATTEST:
Recording Secretary ALAN UNGER, COMMISSIONER
Date of 1st Reading: __day of , 2014.
Date of 2 nd Reading: __day 2014.
Record of Adoption Vote
Commissioner Yes No
Tammy Baney
Anthony DeBone
Alan Unger
Abstained Excused
Effective date: day _____,2014.
ATTEST:
Recording Secretary
PAGE 3 OF 3 -ORDINANCE NO. 2014-010 (4/2/14)
Chapter 18.16 1 (05/2012)
Chapter 18.16. EXCLUSIVE FARM USE ZONES
18.16.010. Purpose.
18.16.020. Uses Permitted Outright.
18.16.023. Lawfully Established Dwelling Replacement
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a
Review Under DCC Chapter 18.124 For Items C Through M.
18.16.030. Conditional Uses Permitted - High Value and Nonhigh Value Farmland.
18.16.031. Nonresidential Conditional Uses on Nonhigh Value Farmland Only.
18.16.033. Nonresidential Conditional Uses on High Value Farmland Only.
18.16.035. Destination Resorts.
18.16.037. Guest Ranch.
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
18.16.040. Limitations on Conditional Uses.
18.16.042 Agri-Tourism and Other Commercial Events or Activities Limited Use Permit
18.16.043 Single Permit
18.16.050. Standards for Dwellings in the EFU Zones.
18.16.055. Land Divisions.
18.16.060. Dimensional Standards.
18.16.065. Subzones.
18.16.067. Farm Management Plans.
18.16.070. Yards.
18.16.080. Stream Setbacks.
18.16.090. Rimrock Setback.
18.16.010. Purpose.
A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve
as a sanctuary for farm uses.
B. The purposes of this zone are served by the land use restrictions set forth in the Comprehensive Plan
and in DCC 18.16 and by the restrictions on private civil actions and enforcement actions set forth in
ORS 30.930 through 30.947.
(Ord. 95-007 §9, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991)
18.16.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright:
A. Farm use as defined in DCC Title 18.
B. Propagation or harvesting of a forest product.
C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction
relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b).
D. Accessory buildings customarily provided in conjunction with farm use.
E. Climbing and passing lanes within the right of way existing as of July 1, 1987.
F. Reconstruction or modification of public roads and highways, including the placement of utility
facilities overhead and in the subsurface of public roads and highways along the public right of way, but
not including the addition of travel lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
G. Temporary public road and highway detours that will be abandoned and restored to original condition or
use when no longer needed.
Chapter 18.16 2 (05/2012)
H. Minor betterment of existing public road and highway-related facilities such as maintenance yards,
weigh stations and rest areas, within a right of way existing as of July 1, 1987, and contiguous public
owned property utilized to support the operation and maintenance of public roads and highways.
I. Creation, restoration or enhancement of wetlands.
J. A lawfully established dwelling may be altered, restored or replaced, subject to DCC 18.16.023.
Alteration, restoration or replacement of a lawfully established dwelling that:
1. Has intact exterior walls and roof structure;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or converted to an allowable nonresidential use
within three months of completion of the replacement dwelling. A replacement dwelling may be
sited on any part of the same lot or parcel, and shall comply with all applicable siting standards. If
the dwelling to be replaced is located on a portion of the lot or parcel not zoned for exclusive farm
use, the applicant, as a condition of approval, shall execute and record in the deed records for the
county a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The
restriction imposed shall be irrevocable unless a statement of release is placed in the deed records
for the county. The release shall be signed by the county or its designee and state that the
provisions of the statute and county code have changed to allow the siting of another dwelling; and
6. 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.
7. An applicant for a replacement dwelling may request a deferred replacement dwelling permit.
a. The dwelling to be replaced shall be removed or demolished within three months after the
deferred replacement permit is issued.
b. A deferred replacement permit allows construction of the replacement dwelling at any time. If,
however, the established dwelling is not removed or demolished within three months after the
deferred replacement permit is issued, the replacement permit becomes void.
c. The replacement dwelling must comply with applicable building codes, plumbing codes,
sanitation codes and other requirements relating to health and safety or to siting at the time of
construction.
d. A deferred replacement permit may not be transferred, by sale or otherwise, except by the
applicant to the spouse or child of the applicant.
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)(6) above.
L. Wildlife habitat conservation and management plan approved under ORS 215.800 to 215.808.
M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
N. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or
structures that end at the point where the utility service is received by the customer and that are located
on one or more of the following:
1. A public right of way;
2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent
property owners has been obtained; or
3. The property to be served by the utility.
Chapter 18.16 3 (05/2012)
O. The land application of reclaimed water, agricultural process or industrial process water or biosolids for
agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in
an exclusive farm use zone, subject to the issuance of a license, permit or other approval by the
Department of Environmental Quality under ORS 454.695, 459.205, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246 to
215.251.
P. Fire service facilities providing rural fire protection services.
Q. 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).
R. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC Chapter 8.16.
S. 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).
(Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord.
2004-001 §2, 2004; Ord. 2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-007
§10, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 91-024 §1, 1991; Ord. 91-020 §1,
1991; Ord. 91-005 §4, 1991; Ord. 91-002 §3, 1991; Ord. 86-007 §1, 1986; Ord. 81-025 §1, 1981; Ord.
81-001 §1, 1981)
18.16.023, Lawfully Established Dwelling Replacement.
A lawfully established dwelling may be altered, restored or replaced under DCC 18.16.020(J) above if,
when an application for a permit is submitted, the County finds to its satisfaction, based on substantial
evidence that:
A. The dwelling to be altered, restored or replaced if, when an application for a permit is submitted, and the
following are met:
1. The dwelling to be altered, restored or replaced has, or formerly had:
a. Intact exterior walls and roof structure;
b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
c. Interior wiring for interior lights;
d. A heating system;
2.. The County finds that the dwelling was assessed as a dwelling for purposes of ad valorem taxation
for the previous five property tax years, or, if the dwelling has existed for less than five years, from
that time; and
3. Notwithstanding (2) above, if the value of the dwelling was eliminated as a result of either of the
following circumstances, the dwelling was assessed as a dwelling unit until such time as the value
of the dwelling was eliminated:
a. The destruction (i.e. by fire or natural hazard), or demolition in the case of restoration of the
dwelling; or
b. The applicant establishes to the satisfaction of the permitting authority that the dwelling was
improperly removed from the tax roll by a person other than the current owner. “Improperly
removed” means that the dwelling has taxable value in its present state, or had taxable value
when the dwelling was first removed from the tax roll or was destroyed by fire or natural
hazard, and the county stopped assessing the dwelling even though the current or former owner
did not request removal of the dwelling from the tax roll.
B. For replacement of a lawfully established dwelling under DCC 18.16.020(J):
1. The dwelling to be replaced must be removed, demolished or converted to an allowable
nonresidential use:
Chapter 18.16 4 (05/2012)
a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to
ORS 455.055; or
b. If the dwelling to be replaced is, in the discretion of the County, in such a state of disrepair that
the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date
set by the County that is not less than 90 days after the replacement permit is issued; and
c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant
must first obtain approval from the County for the new location.
2. The applicant must cause to be recorded in the deed records of the county a statement that the
dwelling to be replaced has been removed, demolished or converted.
3. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel
that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the
deed records of the county a deed restriction prohibiting the siting of another dwelling on that
portion of the lot or parcel. The restriction imposed is irrevocable unless the County Planning
Director, or the Director’s designee, places a statement of release in the deed records of the County
to the effect that the provisions of 2013 Oregon Laws, chapter 462, section 2 and ORS 215.283
regarding replacement dwellings have changed to allow the lawful siting of another dwelling.
4. The replacement dwelling:
a. May be sited on any part of the same lot or parcel; and
b. Must comply with applicable siting standards such as minimum setbacks. However, the
standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
c. Must comply with applicable building codes, plumbing codes, sanitation codes and other
requirements related to health and safety or to siting at the time of construction. However, the
standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
C. The siting standards of DCC 18.16.023(C)(2) apply when a dwelling under DCC 18.16.020(J) qualifies
for replacement because the dwelling:
a. Formerly had the features described in DCC 18.16.023(A)(1)(a-d);
b. Was removed from the tax roll as described in DCC 18.16.023(A)(3); or
c. Had a permit that expired as described under DCC 18.16.023(D)( )
1. The replacement dwelling must be sited on the same lot or parcel:
a. Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property
line, forest boundary or another natural boundary of the lot or parcel; and
b. If possible, for the purpose of minimizing the adverse impacts on resource use of land in the
area, within a concentration or cluster of structures or within 500 yards of another structure.
2. Replacement dwellings that currently have the features described in DCC 18.16.023(A)(1)(a-d) and
that have been on the tax roll as described in 18.16.023(A)(2) may be sited on any part of the same
lot or parcel.
D. A replacement dwelling permit that is issued under DCC 18.16.020(J):
1. Is a land use decision as defined in ORS 197.015 where the dwelling to be replaced:
a. Formerly had the features described in DCC 18.16.023(A)(1)(a-d); or
b. Was removed from the tax roll as described in DCC 18.16.023(A)(3).
2. Is not subject to the time to act limits of ORS 215.417; and
3. If expired before January 1, 2014, shall be deemed to be valid and effective, if, before January 1,
2015, the holder of the permit:
a. Removes, demolishes or converts to an allowable nonresidential use the dwelling to be
replaced; and
b. Causes to be recorded in the deed records of the county a statement that the dwelling to be
replaced has been removed, demolished or converted.
Chapter 18.16 5 (05/2012)
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC
Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable.
A. Dwellings customarily provided in conjunction with farm use (farm-related dwellings), subject to DCC
18.16.050.
B. A relative farm assistance dwelling, subject to DCC 18.16.050.
C. Churches and cemeteries in conjunction with churches consistent with ORS 215.441 and OAR 660-033-
0130(2) that are not within 3 miles of an acknowledged urban growth boundary, on nonhigh value
farmland.
D. Churches and cemeteries in conjunction with churches consistent with ORS 215.441 that are within 3
miles of an acknowledged urban growth boundary, subject to Oregon Administrative Rules 660-033-
0130 on nonhigh value farmland.
DE. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the
existing use, subject to Oregon Administrative Rules 660-033-0130 (2) and (18a).
EF. Utility facilities necessary for public service, including wetland waste treatment systems, but not
including commercial facilities for the purpose of generating electrical power for public use by sale and
transmission towers over 200 feet in height. A utility facility necessary for public service may be
established as provided in:
i. DCC 18.16.038(A).or
ii. If the utility facility is an associated transmission line, as defined in ORS 469.300, it is subject to
DCC 18.16.038(F).
FG. Winery, as described in ORS 215.452.
GH.Farm stands, subject to DCC 18.16.038.
HI. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be
reasonably necessary.
IJ. A facility for the processing of farm crops, or for the production of biofuel as defined in ORS 315.141,
if the facility that is located on a farm operation that provides at least one-quarter of the farm crops
processed at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry
products pursuant to ORS 603.038.
a. If a The building is established or used for the processing facility or establishment, the farm
operator may not devote more than shall not exceed 10,000 square feet of floor area to the
processing facility or establishment, exclusive of the floor area designated for preparation, storage
or other farm use or devote more than 10,000 square feet to the processing activities within another
building supporting farm uses.
b. A processing facility or establishment must shall comply with all applicable siting standards but the
standards shall not be applied in a manner that prohibits the siting of the processing facility.
c. The County shall not approve any division of a lot or parcel that separates a processing facility or
establishment from the farm operation on which it is located.
JK. Agri-tourism and other commercial events and activities subject to DCC 18.16.042.
K. Dog training classes or testing trials conducted outdoors or in farm buildings that existed on January 1,
2013, when:
1. The number of dogs participating in training does not exceed 10 per training class and the number
of training classes to be held on-site does not exceed six per day; and
2. The number of dogs participating in a testing trial does not exceed 60 and the number of testing
trials to be conducted on-site does not exceed four per calendar year.
(Ord. 2012-007 §2, 2012; Ord. 2012-004 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009;
Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004)
Chapter 18.16 6 (05/2012)
18.16.030. Conditional Uses Permitted -High Value and Nonhigh Value Farmland.
The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or
nonhigh value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and
18.16.050, and other applicable sections of DCC Title 18.
A. Nonfarm dwelling.
B. Lot of record dwelling.
C. Residential home or facility, as defined in DCC 18.04.030, in existing dwellings.
D. A hardship dwelling, which can include one manufactured dwelling or recreational vehicle, in
conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the
existing resident or a relative of the resident.
E. A dwelling in conjunction with a wildlife habitat conservation and management plan.
EF. Commercial activities that are in conjunction with farm use, but not including the processing of farm
crops as described in DCC 18.16.025.
FG. 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.
GH.Expansion of an existing private park, playground, hunting and fishing preserve and campground on the
same tract as the existing use.
HI. 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.
IJ. 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.
JK. Transmission towers over 200 feet in height.
KL. 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.
LM. 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.
MN. Home Occupation, subject to DCC 18.116.280.
1. The home occupation shall:
a. be operated substantially in the dwelling or other buildings normally associated with uses
permitted in the EFU zone;
b. be operated by a resident or employee of a resident of the property on which the business is
located; and
c. employ on the site no more than five full-time or part-time persons.
2. The home occupation shall not unreasonably interfere with other uses permitted in the EFU zone.
NO.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). 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
Chapter 18.16 7 (05/2012)
enable its shipment to market. Forest products, as used in DCC 18.16.030, means timber grown upon a
parcel of land or contiguous land where the primary processing facility is located.
OP. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not
resulting in the creation of new land parcels.
PQ. Reconstruction or modification of public roads and highways involving the removal or displacement of
buildings, but not resulting in the creation of new land parcels.
QR. Improvement of public road and highway-related facilities such as maintenance yards, weigh stations
and rest areas, where additional property or right of way is required, but not resulting in the creation of
new land parcels.
RS. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the
jurisdiction of the State Fish and Wildlife Commission or insect species.
1. Insect species shall not include any species under quarantine by the State Department of Agriculture
or the United States Department of Agriculture.
2. The county shall provide notice of all applications under this section to the State Department of
Agriculture.
3. Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20 calendar
days prior to any administrative decision or initial public hearing on the application.
ST. Room and board arrangements for a maximum of five unrelated persons in an existing residence. If
approved, this use is subject to the recording of the statement listed in DCC 18.16.020(J)(6).
TU. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland.
UV.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.
VW.Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance
of irrigation systems operated by an Irrigation District, including the excavation and mining for
facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material.
WX.A living history museum.
XY.Operations for the extraction and bottling of water.
YZ. Transportation improvements on rural lands allowed by OAR 660-012-0065.
ZAA.Expansion of existing county fairgrounds and activities relating to county fairgrounds governed by
county fair boards established pursuant to ORS 565.210.
AAExtended outdoor mass gatherings, subject to DCC 8.16.
BB.A landscape contracting business, as defined in ORS 671.520, or a business providing landscape
architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the
growing and marketing of nursery stock on the land that constitutes farm use.
CC.Wind power generation facilities as commercial utility facilities for the purpose of generating power for
public use by sale, subject to OAR 660-033-0130.
DD. Photovoltaic solar power generation facilities as commercial utility facilities for the purpose of
generating power for public use by sale, subject to OAR 660-033-0130.
EE. Commercial dog boarding kennel, or dog training classes or testing trials that exceed the standards
under DCC 18.16.025(L), subject to DCC 18.16.040(A)(1 and 2).
(Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord.
2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-025 §1, 1995; Ord. 95-007
§11, 1995; Ord. 94-008 §9, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §2, 1991; Ord. 91-020 §1, 1991; Ord.
91-014 §1, 1991; Ord. 91-005 §5, 1991; Ord. 90-018 §1, 1990; Ord. 90-014 §§23 and 31, 1991; Ord. 87-013
§1, 1987; Ord. 86-018 §3, 1986; Ord. 83-028 §1, 1983)
Chapter 18.16 8 (05/2012)
18.16.031. Conditional Uses on Nonhigh Value Farmland Only.
The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that constitute nonhigh
value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other
applicable sections of DCC Title 18.
A. Dog kennel.
AB. A site for the disposal of solid waste approved by the governing body of a city or County or both and for
which a permit has been granted under ORS 459.245 by the Department of Environmental Quality
together with equipment, facilities or buildings necessary for its operation.
BC. 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.
CD. Except for those composting facilities that are a farm use as allowed under DCC 18.16.020, composting
operations and facilities for which a permit has been granted by the Oregon Department of
Environmental Quality under OAR 340-093-0050 and 340-096-0060. Buildings and facilities used in
conjunction with the composting operation shall only be those required for the operation of the subject
facility. 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. A composting facility use shall be subject to DCC 18.16.040(N).
DE. Private parks, playgrounds, hunting and fishing preserves and campgrounds.
EF. Public or private schools for kindergarten through grade 12, including all buildings essential to the
operation of a school, primarily for residents of the rural area in which the school is located, subject to
the applicable Oregon Administrative Rules.
(Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord.
95-007 §12, 1995)
18.16.033. Conditional Uses on High Value Farmland Only.
In addition to those uses listed in DCC 18.16.030 above, the following uses may be allowed on tracts in the
Exclusive Farm Use Zones that constitute high value farmland subject to applicable provisions of the
Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18.
A. Maintenance, enhancement or expansion of dog kennels existing as of March 1, 1994, subject to other
requirements of law. New dog kennels are prohibited.
AB. 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 described in 18.16.031 (B) existing as of March 1, 1994, subject to other
requirements of law. New such sites are prohibited.
BC. 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.
CD. Additions or expansions to existing public or private schools on high value farmland, for kindergarten
through grade 12, including all buildings essential to the operation of a school, subject to the applicable
Oregon Administrative Rules.
(Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord. 95-007 §13, 1995)
18.16.035. Destination Resorts.
Destination resorts may be allowed, where mapped, as a conditional use, subject to all applicable standards
of the Destination Resort Zone.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 § 3, 1992; Ord. 92-004 § 3, 1992)
18.16.037. Guest Ranch.
A. A guest ranch may be established in conjunction with an existing and continuing livestock operation,
using accepted livestock practices that qualifies as a farm use under DCC 18.04.030, subject to the
Chapter 18.16 9 (05/2012)
applicable provisions set forth in DCC 18.16.040(A)(1), (2) and (3), the applicable provisions of DCC
18.128, and the provisions of the applicable Oregon Revised Statutes. A guest ranch shall not be
located within the boundaries of or surrounded by:
(1) A federally designated wilderness area or a wilderness study area:
(2) A federally designated wildlife refuge;
(3) A federally designated area of critical environmental concern; or
(4) An area established by an Act of Congress for the protection of scenic or ecological resources.
B. “Guest ranch” means a facility for overnight guest lodging units, including passive recreational
activities and food services, as set forth in ORS 215 that are incidental and accessory to an existing
livestock operation that qualifies as a farm use under DCC 18.04.030.
C. A guest lodging unit means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient
overnight lodging and not for a permanent residence accommodations.
D. For the purposes of DCC 18.16.037, “livestock” means cattle, sheep, horses, and bison.
E. A proposed division of land in an exclusive farm use zone for a guest ranch or a division of a lot or
parcel that separates a guest ranch from the dwelling of the person conducting the livestock operation
shall not be allowed.
F. Notwithstanding DCC 18.16.055, a proposed division of land in an exclusive farm use zone for a guest
ranch shall not be allowed.
(Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2001-043 §1, 2001; Ord.
98-056 §1, 1998)
Note: DCC 18.16.037 will be repealed January 2, 2018 (Ord. 2012-007 §2, 2012; Ord. 2010-017 §1, 2010).
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
A. A utility facility necessary for public use allowed under DCC 18.16.025 shall be one that must be sited
is necessary to be situated in an agricultural zone in order for service to be provided. To demonstrate
that a utility facility is necessary, an applicant must show that reasonable alternatives have been
considered and that the facility must be sited in an exclusive farm use zone due to one or more of the
following factors:
1. Technical and engineering feasibility;
2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must
cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct
route or to meet unique geographical needs that cannot be satisfied on other lands;
3. Lack of available urban and nonresource lands;
4. Availability of existing rights of way;
5. Public health and safety; and
6. Other requirements of state and federal agencies.
7. Costs associated with any of the factors listed in 1-6 above may be considered, but cost alone may
not be the only consideration in determining that a utility facility is necessary for public service.
Land costs shall not be included when considering alternative locations for substantially similar
utility facilities that are not substantially similar.
8. The owner of a utility facility approved under this section shall be responsible for restoring, as
nearly as possible, to its former condition any agricultural land and associated improvements that
are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the
facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a
bond or other security from a contractor or otherwise imposing on a contractor the responsibility for
restoration.
9. In addition to the provisions of 1-6 above, the establishment or extension of a sewer system as
defined by OAR 660-011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions
of OAR 660-011-0060.
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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:
i. Owns an on-site vineyard of at least 15 acres;
ii. Owns a contiguous vineyard of at least 15 acres;
iii. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a
vineyard contiguous to the winery; or
iv. Obtains grapes from any combination of i, ii or iii of this subsection; or
b. At least 50,000 gallons and the winery:
i. Owns an on-site vineyard of at least 40 acres;
ii. Owns a contiguous vineyard of at least 40 acres;
iii. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a
vineyard contiguous to the winery; or
iv. Owns an on-site vineyard of at least 15 acres on a tract of at least 40 acres and owns at least
40 additional acres of vineyards in Oregon that are located within 15 miles of the winery
site; or
v. Obtains grapes from any combination of i., ii., or iii., or iv of this subsection.
2. A winery may:
a. Market and sell wine produced in conjunction with the winery, including the following
activities:
i. Wine tours;
ii. Wine tastings in a tasting room or other location at the winery;
iii. Wine clubs; and
iv. Similar activities conducted for the primary purpose of promoting wine produced in
conjunction with the winery;
b. 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 retail sale of wine on-site,
including food and beverages served by a limited service restaurant, as defined in ORS
624.010; and
2. In addition to producing and distributing wine, a winery established under this section may:
a. Market and sell wine produced in conjunction with the winery.
b. Conduct operations that are directly related to the sale or marketing of wine produced in
conjunction with the winery, including:
i. Wine tastings in a tasting room or other location on the premises occupied by the winery;
ii. Wine club activities;
iii. Winemaker luncheons and dinners;
iv. Winery and vineyard tours;
Chapter 18.16 11 (05/2012)
v. Meetings or business activities with winery suppliers, distributors, wholesale customers and
wine-industry members;
vi. Winery staff activities;
vii. Open house promotions of wine produced in conjunction with the winery; and
viii. Similar activities conducted for the primary purpose of promoting wine produced in
conjunction with the winery.
c. Market and sell items directly related to the sale or promotion of wine produced in conjunction
with the winery, the marketing and sale of which is incidental to on-site retail sale of wine,
including food and beverages:
i. Required to be made available in conjunction with the consumption of wine on the
premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or
ii. Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this
subsection.
d. Carry out agri-tourism or other commercial events on the tract occupied by the winery subject
to subsections of this section.
e. Host charitable activities for which the winery does not charge a facility rental fee.
3. 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. 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 café 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. The gross income of the winery
does not include income received by third parties unaffiliated with the winery. 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. If a winery approved under ORS 215.452(5) conducts agri-tourism or
other commercial events, the winery may not conduct agri-tourism or other commercial events or
activities authorized under ORS 215.283(4) and Deschutes County Code 18.16.042.
c. Provide services, including private events, hosted by the winery or patrons of the winery, at
which wine produced in conjunction with the winery is featured, that:
i. Are directly related to the sale or promotion of wine produced in conjunction with the
winery;
ii. Are incidental to the retail sale of wine on-site; and
iii. Are limited to 25 days or fewer in a calendar year.
63. 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. The gross income of the winery does not include income received
by third parties unaffiliated with the winery. the sale of incidental items pursuant to subsection
(2)(b) of this section and services provided pursuant to subsection (2)(c) 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.
b. 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.
74. A winery operating under this section shall provide parking for all activities or uses on the lot,
parcel or tract on which the winery is established.
Chapter 18.16 12 (05/2012)
85. Prior to the issuance of a permit to establish a winery under this section, the applicant shall 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.
96. The siting of a winery shall be subject to the following standards:
a. Establishment of a setback of at least 100 feet from all property lines for the winery and all
public gathering places, unless the County grants an adjustment or variance allowing a setback
of less than 100 feet.
b. Shall comply with DCC Chapter 18.80, Airport Safety Combining Zone, and DCC 18.116.180,
Building Setbacks for the Protection of Solar Access.
107. As used in this section, “private events” includes, but is not limited to, facility rentals and
celebratory gatherings.
118. The winery shall have direct road access and internal circulation.
129. A winery is subject to the following public health and safety standards:
a. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone
hand washing stations.
b. No event, gathering or activity may begin before 7:00 a.m. or end after 10:00 p.m., including
set-up and take-down of temporary structures.
c. Noise control.
i. All noise, including the use of a sound producing device such as, but not limited to, loud
speakers and public address systems, musical instruments that are amplified or unamplified,
shall be in compliance with applicable state regulations.
ii. A standard sound level meter or equivalent, in good condition, that provides a weighted
sound pressure level measured by use of a metering characteristic with an "A" frequency
weighting network and reported as dBA shall be available on-site at all times during private
events.
d. Adequate traffic control must be provided by the property owner to address the
following:
i. There shall be one traffic control person for each 250 persons expected or
reasonably expected to be in attendance at any time.
ii. All traffic control personnel shall be certified by the State of Oregon and shall
comply with the current edition of the Manual of Uniform Traffic Control Devices.
e. Structures.
i. All permanent and temporary structures and facilities are subject to fire, health and life
safety requirements, and shall comply with all requirements of the Deschutes County
Building Safety Division and the Environmental Soils Division and any other applicable
federal, state and local laws.
ii. Compliance with the requirements of the Deschutes County Building Safety Division shall
include meeting all building occupancy classification requirements of the State of Oregon
adopted building code.
f. Inspection of event premises authorization. The applicant shall provide in writing a consent to
allow law enforcement, public health, and fire control officers to come upon the premises for
which the Limited Use Permit has been granted for the purposes of inspection and enforcement
of the terms and conditions of the permit and DCC Chapter 18.16 Exclusive Farm Use Zone
and DCC Chapter 8.08 Noise Control, and any other applicable laws or ordinances.
1310. DCC Chapter 18.16.038(B), Sections (2c),(3), (7) and (9) sunset on January 1, 2014.
C. Farm stands are subject to the following:
1. The structures are designed and used for the sale of farm crops or livestock grown on the farm
operation, or grown on the farm operation and other farm operations in the local agricultural area,
including the sale of retail incidental items and fee-based activity to promote the sale of farm crops
or livestock sold at the farm stand, if the annual sales of the incidental items and fees from
Chapter 18.16 13 (05/2012)
promotional activity do not make up more than 25 percent of the total annual sales of the farm
stand; and
2. The farm stand does not include structures designed for occupancy as a residence or for activities
other than the sale of farm crops or livestock, and does not include structures for banquets, public
gatherings or public entertainment.
3. As used in this section, “farm crops or livestock” includes both fresh and processed farm crops and
livestock grown on the farm operation, or grown on the farm operation and other farm operations in
the local agricultural area.
4. As used in this subsection, “processed crops and livestock” includes jams, syrups, apple cider,
animal products and other similar farm crops and livestock that have been processed and converted
into another product but not prepared food items.
5. As used in this section, “local agricultural area” includes Oregon or an adjacent county in
Washington, Idaho, Nevada or California that borders the Oregon county in which the farm stand is
located.
D. A site for the takeoff and landing of model aircraft is subject to the following:
1. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent
foundation unless the building of facility preexisted the use approved under this section.
a. The site shall not include an aggregate surface or hard surface area, unless the surface
preexisted the use approved under this section.
b. An owner of property used for the purpose authorized in this section may charge a person
operating the use on the property rent for the property.
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. A facility for the processing of farm crops shall be located on a farm operation that provides at least
one-quarter of the farm crops processed at the facility.
1. The building established for the processing facility shall not exceed 10,000 square feet of floor area
exclusive of the floor area designated for preparation, storage or other farm use or devote more than
10,000 square feet to the processing activities within another building supporting farm uses.
2. A processing facility shall comply with all applicable siting standards, but the standards shall not be
applied in a manner that prohibits the siting of the processing facility.
3. The County shall not approve any division of a lot or parcel that separates a processing facility from
the farm operation on which it is located.
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 the either the requirements of 1 or 2 below.
1. The applicant demonstrates that 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 applicant demonstrates that the entire route of the
associated transmission line meets, subject to DCC 18.16.038(E)(2(C and D) below, two or more of
the following factors:
i. Technical and engineering feasibility;
Chapter 18.16 14 (05/2012)
ii. 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;
iii. 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;
iv. Public health and safety, or
v. 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.
(Ord. 2012-007 §2, 2012; Ord. 2012-004 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord.
2008-001 §2, 2008; Ord. 2004-001 §2, 2004)
18.16.040. Limitations on Conditional Uses.
A. Conditional uses permitted by DCC 18.16.030 may be established subject to ORS 215.296 and
applicable provisions in DCC 18.128 and upon a finding by the Planning Director or Hearings Body
that the proposed use:
1. Will not force a significant change in accepted farm or forest practices as defined in ORS
215.203(2)(c) on surrounding lands devoted to farm or forest uses; and
2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands
devoted to farm or forest use; and
3. That the actual site on which the use is to be located is the least suitable for the production of farm
crops or livestock.
B. A commercial activity allowed under DCC 18.16.030(EF) shall be associated with a farm use occurring
on the parcel where the commercial use is proposed. The commercial activity may use, process, store or
market farm products produced outside of Deschutes County.
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(L) 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 nonhigh-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. A wind power generation facility includes, but is not limited to, the following system components: all
wind turbine towers and concrete pads, permanent meteorological towers and wind measurement
devices, electrical cable collection systems connecting wind turbine towers with the relevant power
substation, new or expanded private roads (whether temporary or permanent) constructed to serve the
wind power generation facility, office and operation and maintenance buildings, temporary lay-down
areas and all other necessary appurtenances, including but not limited to on-site and off-site facilities for
temporary workforce housing for workers constructing a wind power generation facility. Such facilities
must be removed or converted to an allowed use under OAR 660-033-0130(19) or other statute or rule
when project construction is complete. Temporary workforce housing facilities not included in the
Chapter 18.16 15 (05/2012)
initial approval may be considered through a minor amendment request filed after a decision to approve
a power generation facility. A minor amendment request shall be subject to OAR 660-033-0130(5) and
shall have no effect on the original approval. A proposal for a wind power generation facility shall be
subject to the following provisions:
1. For high value farmland soils described in ORS 195.300(10), that all of the following are satisfied:
a. Reasonable alternatives have been considered to show that siting the wind power generation
facility or component thereof on high-value farmland soils is necessary for the facility or
component to function properly or if a road system or turbine string must be placed on such
soils to achieve a reasonably direct route considering the following factors:
i. Technical and engineering feasibility;
ii. Availability of existing rights of way; and
iii. The long term environmental, economic, social and energy consequences of siting the
facility or component on alternative sites, as determined under OAR 660-033-
0130(37)(a)(B);
b. The long-term environmental, economic, social and energy consequences resulting from the
wind power generation facility or any component thereof at the proposed site with measures
designed to reduce adverse impacts are not significantly more adverse than would typically
result from the same proposal being located on other agricultural lands that do not include high-
value farmland soils;
c. Costs associated with any of the factors listed in OAR 660-033-0130(37)(a)(A) may be
considered, but costs alone may not be the only consideration in determining that siting any
component of a wind power generation facility on high-value farmland soils is necessary;
d. The owner of a wind power generation facility approved under OAR 660-033-0130(37)(a) shall
be responsible for restoring, as nearly as possible, to its 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
Chapter 18.16 16 (05/2012)
submittal and county approval of a weed control plan prepared by an adequately qualified
individual that includes a long-term maintenance agreement. The approved plan shall be
attached to the decision as a condition of approval.
3. For nonarable lands, meaning lands that are not suitable for cultivation, the governing body or its
designate must find that the requirements of OAR 660-033-0130(37)(b)(D) are satisfied.
4. In the event that a wind power generation facility is proposed on a combination of arable and
nonarable lands as described in OAR 660-033-0130(37)(b) and (c) the approval criteria of OAR
660-033-0130(37)(b) shall apply to the entire project.
E. No aircraft may be based on a personal-use airport identified in DCC 18.16.030(M) other than those
owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this
definition may be granted through waiver action by the Oregon Department of Aviation in specific
instances. A personal use airport lawfully existing as of September 13, 1975, shall continue to be
permitted subject to any applicable rules of the Oregon Department of Aviation.
F. The facility for the primary processing of forest products identified in DCC 18.16.030 is intended to be
portable or temporary in nature. Such a facility may be approved for a one-year period which is
renewable.
G. Batching and blending mineral and aggregate into asphaltic cement may not be authorized within two
miles of a planted vineyard. Planted vineyard means one or more vineyards totaling 40 acres or more
that are planted as of the date of the application for bat
H. Accessory uses for golf courses shall be limited in size and orientation on the site to serve the needs of
persons and their guests who patronize the golf course to golf. An accessory use that provides
commercial services (e.g., pro shop, etc.) shall be located in the clubhouse rather than in separate
buildings. Accessory uses may include one or more food and beverage service facilities in addition to
food and beverage service facilities located in a clubhouse. Food and beverage service facilities must be
part of and incidental to the operation of the golf course and must be limited in size and orientation on
the site to service only the needs of persons who patronize the golf course and their guests. Accessory
food and beverage service facilities shall not be designed for or include structures for banquets, public
gatherings or public entertainment.
I. An expansion of an existing golf course as allowed under DCC 18.16.033(C) shall comply with the
definition of "golf course" set forth in DCC Title 18 and the provisions of DCC 18.16.040(A).
J. An applicant for a nonfarm conditional use may demonstrate that the standards for approval will be
satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective.
K. For purposes of approving a conditional use permit for a lot of record dwelling under DCC 18.16.030,
the soil class, soil rating or other soil designation of a specific lot or parcel may be changed if the
property owner:
1. Submits a statement of agreement from the Natural Resources Conservation Service of the United
States Department of Agriculture that the soil class, soil rating or other soil designation should be
adjusted based on new information; or
2. Submits a report from a soils scientist whose credentials are acceptable to the Oregon Department
of Agriculture that the soil class, soil rating or other soil designation should be changed; and
3. Submits a statement from the Oregon Department of Agriculture that the Director of Agriculture or
the director’s designee has reviewed the report described in 2 above and finds the analysis in the
report to be soundly and scientifically based.
4. The soil classes, soil ratings or other soil designations used in or made pursuant to this definition are
those of the NRCS in its most recent publication for that class, rating or designation before
November 4, 1993, except for changes made pursuant to subsections 1-3 above.
5. For the purposes of approving a land use application under OAR 660-033-0090, 660-033-0120,
660-033-0130 and 660-033-0135, soil classes, soil ratings or other soil designations used in or made
pursuant to this definition are those of the NRCS in its most recent publication for that class, rating
or designation.
Chapter 18.16 17 (05/2012)
L. Except on a lot or parcel contiguous to a lake or reservoir, a private campground shall not be allowed
within three miles of an urban growth boundary unless an exception is approved pursuant to ORS
197.732 and OAR chapter 660, division 004.
a. A private campground may provide yurts for overnight camping. No more than one-third or a
maximum of 10 campsites, whichever is smaller, may include a yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. As used in this paragraph, “yurt” means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
d. A campground shall be designed and integrated into the rural agricultural and forest environment in
a manner that protects the natural amenities of the site and provides buffers of existing native trees
and vegetation or other natural features between campsites.
M. A living history museum shall be related to resource based activities and be owned and operated by a
governmental agency or a local historical society.
a. A living history museum may include limited commercial activities and facilities that are directly
related to the use and enjoyment of the museum and located within authentic buildings of the
depicted historic period or the museum administration building, if areas other than an exclusive
farm use zone cannot accommodate the museum and related activities, or if the museum
administration buildings and parking lot are located within one-quarter mile of an urban growth
boundary.
b. As used in this paragraph, a “living history museum” means a facility designed to depict and
interpret everyday life and culture of some specific historic period using authentic buildings, tools,
equipment and people to simulate past activities and events; and “local historical society” means the
local historic society recognized by the County and organized under ORS Chapter 65.
N. Before an applicant may submit an application under ORS 215.402 to 215.438, and DCC 18.16.031(D),
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 preapplication conference described in DCC 18.16.040(N)( )
b. Hold a preapplication community meeting described in DCC 18.16.040(N)( )
1. DCC 18.16.040(N)(a and b) applies to an application to:
i. Establish a disposal site for composting that sells, or offers for sale, resulting product; or
ii. Allow an existing disposal site for composting that sells, or offers for sale, resulting product to:
a. Accept as feedstock nonvegetative materials, including dead animals, meat, dairy products
and mixed food waste; or
b. Increase the permitted annual tonnage of feedstock used by the disposal site by an amount
that requires a new land use approval.
2. During the preapplication conference:
a. The applicant shall provide information about the proposed disposal site for composting and
proposed operations for composting and respond to questions about the site and operations.
b. The County and other representatives described in DCC 18.16.040(N)(3) 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.
3. The applicant shall submit a written request to the County to request a preapplication conference. A
representative of the Planning Division and a representative of the Oregon Department of
Environmental Quality shall attend the conference along with representatives, as determined
necessary by the County, of the following entities:
a. Any other state agency or local government that has authority to approve or deny a permit,
license or other certification required to establish or operate the proposed disposal site for
composting.
b. A state agency, a local government or a private entity that provides or would provide to the
proposed disposal site for composting one or more of the following:
i. Water systems.
Chapter 18.16 18 (05/2012)
ii. Wastewater collection and treatment systems, including storm drainage systems.
iii. Transportation systems or transit services.
c. A city or county with territory within its boundaries that may be affected by the proposed
disposal site for composting.
d. The Department of Land Conservation and Development.
e. The State Department of Agriculture.
4. The County may use preapplication procedures, if any, in the acknowledged land use regulations of
the County, consistent with the requirements that the County shall:
a. Provide notice of the preapplication conference to entities described in DCC 18.16.040(N)(3)
by mail and, as appropriate, in any other manner that ensures adequate notice and opportunity
to participate.
b. Hold the preapplication conference at least 20 days and not more than 40 days after receipt of
the applicant’s written request; and
c. Provide preapplication notes to each attendee of the conference and other entities described
above for which a representative does not attend the preapplication conference.
5. After the preapplication conference and before submitting the application for land use approval, the
applicant shall:
a. Hold a community meeting within 60 days after the preapplication conference:
i. In a public location in the county with land use jurisdiction; and
ii. On a business day, or Saturday, that is not a holiday, with a start time between the hours of
6:00 p.m. and 8 p.m.
b. Provide notice of the community meeting to:
i. The owners of record, on the most recent property tax assessment roll, of real property
located within one-half mile of the real property on which the proposed disposal site for
composting would be located;
ii. The resident or occupant that receives mail at the mailing address of the real property
described above, if the mailing address of the owner of record is not the mailing address of
the real property;
iii. Neighborhood and community organizations recognized by the governing body of the
County if a boundary of the organization is within one-half mile of the proposed disposal
site for composting.
iv. A newspaper that meets the requirements of ORS 193.020 for publication;
v. Local media in a press release; and
vi. The entities described in 18.16.040(N)(3) above.
6. 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.
7. The applicant’s notice provided under DCC 18.16.040(N)(5)(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. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord.
2004-001 §2, 2004; Ord. 98-030 §1, 1998; Ord. 95-075 §1, 1995; Ord. 95-007 §14, 1995; Ord. 92-065 §3,
1992; Ord. 91-038 §1 and 2, 1991; Ord. 91-020 §1, 1991; Ord. 91-011 §1, 1991)
18.16.042 Agri-Tourism and other Commercial Events or Activities Limited Use Permit
A. Agri-tourism and other commercial events or activities related to and supportive of agriculture may
be approved in an area zoned for exclusive farm use only if the standards and criteria in this section
are met.
B. Application. The application shall include the following.
Chapter 18.16 19 (05/2012)
1. The General Provisions information required in DCC 22.08.010.
2. A written description of:
a. The proposal.
b. The types of agri-tourism and other commercial events or activities that are proposed to be
conducted, including the number and duration of the agri-tourism and other commercial events
and activities, the anticipated maximum daily attendance and the hours of operation, and how
the agri-tourism and other commercial events or activities will be related to and supportive of
agriculture and incidental and subordinate to the existing farm use of the tract.
c. The types and locations of all permanent and temporary structures, access and egress, parking
facilities, and sanitation and solid waste to be used in connection with the agri-tourism or other
commercial events or activities.
3. A traffic management plan that:
a. Identifies the projected number of vehicles and any anticipated use of public roads;
b. Provides an assurance that one traffic control person shall be provided for each 250
persons expected or reasonably expected to be in attendance at any time during the agri-
tourism and other commercial event or activity. The traffic control personnel shall be
certified by the State of Oregon and shall comply with the current edition of the Manual
of Uniform Traffic Control Devices.
c. Demonstrates that the parcel, lot or tract has direct access such that the lot, parcel or
tract on which commercial events will occur:
i. Fronts on a public road; or
ii. Is accessed by an access easement or private road, and all underlying property
owners and property owners taking access between the subject property and the
public road consent in writing to the use of the road for agri-tourism and other
commercial events or activities at the time of initial application.
4. Inspection of Event Premises Authorization. The applicant shall provide in writing a
consent to allow law enforcement, public health, and fire control officers and code
enforcement staff to come upon the premises for which the Limited Use Permit has been
granted for the purposes of inspection and enforcement of the terms and conditions of
the permit and DCC Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08
Noise Control, and any other applicable laws or ordinances.
C. Approval Criteria.
1. Type 1. Up to six (6) agri-tourism events in a calendar year on a tract may be approved by a limited
use permit that is personal to the applicant and is not transferred by, or transferred with, a
conveyance of the tract, if in compliance with:
a. Criteria set forth in 18.16.042(C)(2)(d-j).
b. May not, individually, exceed one calendar day.
c. Commercial events or activities are not permitted.
d. Minimum lot or parcel size: 5 acres.
e. Comply with DCC Chapter 8.08 Noise Control at all times. Sound amplification and sound
producing devices are prohibited.
f. The maximum attendance is 30 at any one time for all non-residents of the tract.
g. Where there is a conflict between this section and DCC 18.16.042(C)(4-12), the more
restrictive criteria shall apply.
2. Type 2. Up to six (6) agri-tourism and other commercial events or activities in a calendar year on a
tract may be approved by a limited use permit that is personal to the applicant and is not transferred
by, or transferred with, a conveyance of the tract, if in compliance with:
a. Minimum lot or parcel size: 10 acres.
b. Agri-tourism events may not, individually, exceed a duration of 72 consecutive hours,
excluding set-up and take down of all temporary structures and facilities. The limitation on the
hours of operations is included within the duration of 72 consecutive hours.
Chapter 18.16 20 (05/2012)
c. Commercial events or activities may not, individually, exceed a duration of 30 consecutive
hours, excluding set-up and take down of all temporary structures and facilities. The limitation
on the hours of operations is included within the duration of 30 consecutive hours.
d. Must be incidental and subordinate to existing farm use of the tract, and shall be related to and
supportive of agriculture.
e. Set-up and take down of all temporary structures and facilities shall occur up to one business
day prior to the agri-tourism and other commercial events or activities and one business day
after the agri-tourism and other commercial events or activities between 7:00 a.m. and 10:00
p.m.
f. May not require that a new permanent structure be built, used or occupied in connection with
the agri-tourism or other commercial events or activities.
g. May not, in combination with other agri-tourism or other commercial events or activities
authorized in the area, materially alter the stability of the land use pattern in the area.
h. Must comply with ORS 215.296.
i. Limited Use Permits approved under this section expire two years from the date of approval.
j. Limited Permits may be renewed for an additional two years subject to:
i. An application for renewal; and
ii. Demonstration of compliance with conditions that apply to the limited use permit and
applicable provisions in this section, DCC Chapter 18.16.042.
3. Type 3. Agri-tourism or other commercial events or activities may be approved by a limited use
permit that is personal to the applicant and is not transferred by, or transferred with, a conveyance
of the tract, more frequently or for a longer period than allowed under 18.16.042(C)(1) and (2) if
the agri-tourism or other commercial events or activities is in compliance with:
a. Criteria set forth in 18.16.042(C)(2)(d)(e)(f)(g) and (h).
b. Must be incidental and subordinate to existing commercial farm use of the tract and are
necessary to support the commercial farm uses or the commercial agricultural enterprises in the
area.
c. Minimum lot or parcel size: 160 acres.
d. Do not exceed 18 commercial events or activities in a calendar year.
e. Commercial events or activities may not, individually, exceed a duration of 24 consecutive
hours, excluding set-up and take down of all temporary structures and facilities. The limitation
on the hours of operations is included within the duration of 24 consecutive hours.
f. Agri-tourism events may not, individually, exceed a duration of 72 consecutive hours,
excluding set-up and take down of all temporary structures and facilities. The limitation on the
hours of operations is included within the duration of 72 consecutive hours.
g. No more than two commercial events or activities may occur in one month.
h. Limited Use Permits approved under this section expire four years from the date of approval.
i. Limited Use Permits may be renewed at four year intervals subject to:
i. An application for renewal;
ii. Public notice and public comment as part of the review process.
iii. Demonstration of compliance with conditions that apply to the limited use permit and
applicable provisions in this section, DCC Chapter 18.16.042.
4. The area in which the agri-tourism or other commercial events or activities are located shall be
setback at least 100 feet from the property line.
5. Notification of agri-tourism and other commercial events or activities.
a. The property owner shall submit in writing the list of calendar days scheduled for all agri-
tourism and other commercial events or activities by April 1 of the subject calendar year or
within 30 days of new or renewed limited use permits, if after April 1, to Deschutes County’s
Community Development Department and Sheriff’s Office, and all property owners within
500 feet of the subject property.
Chapter 18.16 21 (05/2012)
b. The list of calendar dates for all agri-tourism, commercial events and activities may be
amended by submitting the amended list to the same entities at least 72 hours prior to any
date change.
c. If such notice is not provided, the property owner shall provide notice by Registered Mail to
the same list above at least 10 days prior to each agri-tourism and other commercial event or
activity.
d. The notification shall include a contact person or persons for each agri-tourism and other
commercial event or activity who shall be easily accessible and who shall remain on site at all
times, including the person(s) contact information.
6. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand
washing stations.
7. Hours of Operation. No agri-tourism and other commercial event or activity may begin before
7:00 a.m. or end after 10:00 p.m.
8. Overnight camping is not allowed.
9. Noise Control
a. All noise, including the use of a sound producing device such as, but not limited to, loud
speakers and public address systems, musical instruments that are amplified or
unamplified, shall be in compliance with applicable state regulations.
b. A standard sound level meter or equivalent, in good condition, that provides a weighted
sound pressure level measured by use of a metering characteristic with an "A" frequency
weighting network and reported as dBA shall be available on-site at all times during
agri-tourism and other commercial events or activities.
10. Transportation Management.
a. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that
prevent dust, and may include paving, gravel, cinders, or bark/wood chips.
b. Driveways extending from paved roads shall have a paved apron, requiring review and
approval by the County Road Department.
c. The parcel, lot or tract has direct access as defined in DCC Chapter 18.16.042(B)(3)(c).
d. Adequate traffic control must be provided by the property owner to address the
following:
i. There shall be one traffic control person for each 250 persons expected or
reasonably expected to be in attendance at any time.
ii. All traffic control personnel shall be certified by the State of Oregon and shall
comply with the current edition of the Manual of Uniform Traffic Control Devices.
11. Health and Safety Compliance
a. All permanent and temporary structures and facilities are subject to fire, health and life
safety requirements, and shall comply with all requirements of the Deschutes County
Building Safety Division and the Environmental Soils Division and any other applicable
federal, state and local laws.
b. Compliance with the requirements of the Deschutes County Building Safety Division
shall include meeting all building occupancy classification requirements of the State of
Oregon adopted building code.
12. The maximum number of people shall not exceed 500 per calendar day.
13. Agri-Tourism and other Commercial Events or Activities shall not be allowed:
a. Within the County adopted big game winter ranges during the months of December
through March.
b. Within the County adopted big game migration corridors during the month of April and
during the months of October and November.
c. Within the County adopted sensitive bird and mammal habitat areas as defined in DCC
18.90.020, unless a site has had no nesting attempt or the nest has failed, as determined
by a professional wildlife biologist in May of the calendar year in which the application
Chapter 18.16 22 (05/2012)
is approved.unless a site has had no nesting attempt or the nest has failed which could be
determined in May by a professional wildlife biologist.
(Ord. 2012-004, §2, 2012)
18.16.043 Single Permit.
A. The maximum number of agri-tourism and other commercial events or activities on a lot, parcel
or tract may not exceed the total number of commercial events allowed by any individual land
use approval, including a winery authorized under DCC 18.16.038(B), and events, outdoor mass
gatherings or extended outdoor mass gatherings authorized under DCC Chapter 8.16. B.
The following permits may not be combined:
1. Agri-tourism and other commercial events or activities under DCC 18.16.042,
2. Winery under DCC 18.16.038(B),
3. Events, outdoor mass gatherings, extended outdoor mass gatherings, parades or funeral
processions authorized under DCC Chapter 8.16,
4. Home occupation for commercial events or activities.
(Ord. 2012-004, §2, 2012)
18.16.050. Standards for Dwellings in the EFU Zones.
Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for
each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the
dwelling is placed, signing and recording in the deed records for the County, a document binding the
landowner, and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or
cause of action alleging injury from farming or forest practices for which no action or claim is allowed
under ORS 30.936 or 30.937.
A. Farm-related dwellings on nonhigh value farmland. A dwelling customarily provided in conjunction
with farm use, as listed in DCC 18.16.030(A), may be approved if it satisfies any of the alternative tests
set forth below:
1. Acreage test.
a. On land not identified as high-value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The parcel on which the dwelling will be located is at least:
(a) One hundred sixty acres and not in the Horse Ridge East subzone; or
(b) Three hundred twenty
acres in the Horse Ridge East subzone;
ii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and
which is evidenced by a farm management plan;
iii. The dwelling will be occupied by a person or persons who will be principally engaged in
the farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a
commercial scale;
iv. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K);
2. Median acreage/gross sales test.
a. On land not identified as high-value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The subject tract is at least as large as the median size of those commercial farm or ranch
tracts capable of generating at least $10,000 in annual gross sales that are located within a
study area that includes all tracts wholly or partially within one mile of the perimeter of the
subject tract;
Chapter 18.16 23 (05/2012)
ii. The subject tract is capable of producing at least the median level of annual gross sales of
County indicator crops as the same commercial farm or ranch tracts used to calculate the
tract size in DCC 18.16.050(A)(2)(a)(i);
iii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and
which is evidenced by a farm management plan, at a level capable of producing the annual
gross sales required in DCC 18.16.050(A)(2)(a)(ii). If no farm use has been established at
the time of application, land use approval shall be subject to a condition that no building
permit may be issued prior to establishment of the farm use capable of meeting the median
income test.
iv. The subject lot or parcel on which the dwelling is proposed is at least 20 acres in size;
v. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K);
and
vi. The dwelling will be occupied by a person or persons who will be principally engaged in
the farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a
commercial scale.
b. For the purpose of calculating appropriate tract sizes and gross incomes to satisfy DCC
18.16.050(A)(2)(a)(i) and (ii), the County will utilize the methodology contained in Oregon
Administrative Rules 660-33-135(3) using data on gross sales per acre tabulated by LCDC
pursuant to Oregon Administrative Rules 660-33-135(4).
3. Gross annual income test.
a. On land not identified as high-value farmland, a dwelling, including a manufactured home in
accordance with DCC 18.116.070, may be considered customarily provided in conjunction with
farm use if:
i. The subject tract is currently employed for a farm use, and that the farm operator earned
$32,500 in gross annual revenue in the last two years, three of the last five years, or based
on the average farm revenue earned on the tract in the highest three of the last five years.
ii. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K);
iii. The dwelling will be occupied by a person or persons who produced the commodities
which grossed the income in DCC 18.16.050(A)(3)(a)(i); and
b. In determining gross revenue, the cost of purchased livestock shall be deducted from the total
gross revenue attributed to the tract.
c. Noncontiguous lots or parcels zoned for farm use in the same county or contiguous counties
may be used to meet the gross revenue requirements.
d. Only gross revenue from land owned, not leased or rented, shall be counted; and gross farm
revenue earned from a lot or parcel which has been used previously to qualify another lot or
parcel for the construction or siting of a primary farm dwelling may not be used.
e. Prior to a dwelling being approved under this section that requires one or more contiguous or
noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm
revenue requirements, the applicant shall provide evidence that the covenants, conditions and
restrictions form attached to Chapter 18.16, has been recorded with the county clerk or counties
where the property subject to the covenants, conditions and restrictions is located.
1. The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to
the application for primary farm dwelling and shall preclude:
a. All future rights to construct a dwelling except for accessory farm dwellings, relative
farm assistance dwellings, temporary hardship dwellings or replacement dwellings
allowed under ORS Chapter 215; and
b. The use of any gross farm revenue earned on the lots or parcels to qualify another lot or
parcel for a primary farm dwelling;
c. The covenants, conditions and restrictions are irrevocable, unless a statement of release
is signed by an authorized representative of the county or counties where the property
subject to the covenants, conditions and restrictions is located;
Chapter 18.16 24 (05/2012)
d. The failure to follow the requirements of this section shall not affect the validity of the
transfer of property or the legal remedies available to the buyers of property which is
subject to the covenants, conditions and restrictions required by this section.
B. Farm related dwellings on high value farmland. On land identified as high-value farmland, a dwelling,
including a manufactured home in accordance with DCC 18.116.070, may be considered customarily
provided in conjunction with farm use if:
1. The subject lot or parcel is currently employed for the farm use as defined in DCC 18.04.030, and
that the farm operator earned at least $80,000 in gross annual revenue from the sale of farm
products in the last two years, three of the last five years, or based on the average farm revenue
earned by the farm operator in the best three of the last five years, and the lot or parcel on which the
dwelling is proposed is at least the size of the minimum lot or parcel size in the subzone. In
determining gross revenue, the cost of purchased livestock shall be deducted from the total gross
revenue attributed to the tract;
2. There is no other dwelling on the subject tract, except as allowed under 18.16.020(K);
3. The dwelling will be occupied by a person or persons who produced the commodities which
grossed the revenue under DCC 18.16.050(B)(1); and
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. 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.
5. 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.
6. Prior to a dwelling being approved under this section that requires one or more contiguous or
noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm revenue
requirements, the applicant shall provide evidence that the covenants, conditions and restrictions
form attached to Chapter 18.16, has been recorded with the county clerk. The covenants, conditions
and restrictions shall be recorded for each lot or parcel subject to the application for primary farm
dwelling and shall preclude:
a. All future rights to construct a dwelling except for accessory farm dwellings, relative farm
assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS
Chapter 215; and
b. The use of any gross farm revenue earned on the lots or parcels to qualify another lot or parcel
for a primary farm dwelling.
C. Accessory dwelling. A dwelling, including a manufactured home in accordance with DCC 18.116.070,
is considered to be an accessory farm dwelling customarily provided in conjunction with farm use
when:
1. The accessory dwelling meets the following criteria:
a. The accessory farm dwelling will be occupied by a person or persons who will be principally
engaged in the farm use of the land and whose seasonal or year-round assistance in the
management of the farm use, such as planting, harvesting, marketing or caring for livestock, is
or will be required by the farm operator; and
b. The accessory farm dwelling will be located:
i. On the same lot or parcel as the primary farm dwelling; or
ii. On the same tract as the primary farm dwelling when the lot or parcel on which the
accessory farm dwelling will be sited is consolidated into a single parcel with all other
contiguous lots and parcels in the tract; or
iii. On a lot or parcel on which the primary farm dwelling is not located, when the accessory
farm dwelling is limited to only a manufactured home and a deed restriction substantially in
compliance with the form set forth in Exhibit A to DCC 18.16 is filed with the County
Clerk. The deed restriction shall require the manufactured dwelling to be removed when
Chapter 18.16 25 (05/2012)
the lot or parcel is conveyed to another party. The manufactured home may remain if it is
reapproved under DCC 18.16.050; or
iv. On a lot or parcel on which the primary farm dwelling is not located, when the accessory
farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot
size under DCC 18.16.065 and the lot or parcel complies with the gross farm income
requirements in DCC 18.16.050(A)(3) or (B)(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 $32,500 in gross annual
sales in the last two years, or 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).
D. Relative farm help assistance dwelling.
1. A dwelling listed in DCC 18.16.025(B) is allowed when:
a. The subject tract is at least 40 acres in size, unless it is demonstrated to the Planning Director or
Hearings Body that a smaller unit of land is a commercial farming operation agricultural
enterprise.
b. The subject tract is used for farm use;
bc. The dwelling is a manufactured home and is sited in accordance with DCC 18.116.070, or is a
pre-existing site-built home that: (1) was established at least 30 years prior to the date the land
use permit was submitted and (2) is located on a parcel of at least 40 acres in size and that
meets the minimum irrigated acres standard for the subzone within which it is located;
cd. 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, brother, sister, sibling, step-sibling,
niece, nephew, or first cousin of either, if the farm operator does, or will, require the assistance
of the relative in the management of the farm use.
1. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel size requirements
under ORS 215.780, if the owner of a dwelling described in this subsection obtains
construction financing or other financing secured by the dwelling and the secured party
forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined
in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create
a new parcel.
2. Prior conditions of approval for the subject land and dwelling remain in effect.
3. For purposes of this subsection, “Foreclosure” means only those foreclosures that are
exempt from partition under ORS 92.010(97)(a).
Chapter 18.16 26 (05/2012)
de. 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.
ef. Any approval granted under DCC 18.16.050 shall be conditioned with a requirement that the
farm operator annually submit a report to the Planning Division identifying the resident(s) of
the dwelling, their relationship to the farm operator, the assistance the resident provides to the
farm operator, and verifying the farm operator’s continued residence on the property and the
predominant role the farm operator continues to play in the management and farm use of the
farm.
2. A manufactured home permitted under DCC 18.16.050 shall be considered to be a temporary
installation, and permits for such home shall be renewable and renewed on an annual basis. The
manufactured home shall be removed from the property if it no longer meets the criteria of DCC
18.16.050 and the approval shall be so conditioned.
3. A pre-existing dwelling approved under DCC 18.16.050 shall be removed or converted to an
allowable use within one year of the date the relative farm help dwelling no longer meets the criteria
of DCC 18.16.050 and the approval shall be so conditioned.
4. Upon approval of a dwelling under DCC 18.16.050, a Conditions of Approval Agreement shall be
recorded with the Deschutes County Clerk prior to issuance of any building or placement permit for
the new dwelling on the property.
5. For the purposes of DCC 18.16.050(D), a farm operator is a person who operates a farm, doing the
work and making the day-to-day decisions about such things as planting, harvesting, feeding and
marketing.
E. Lot of record dwelling on nonhigh value farmland.
1. A lot of record dwelling may be approved on a pre-existing lot or parcel on nonhigh value farmland
when all of the following requirements are met:
a. The lot or parcel on which the dwelling will be sited was lawfully created and was acquired and
owned continuously by the present owner:
i. Prior to January 1, 1985; or
ii. By devise or by intestate succession from a person who acquired and owned continuously
the lot or parcel prior to January 1, 1985.
b. The tract on which the dwelling will be sited does not include a dwelling.
c. For lots or parcels located within a wildlife area (WA) combining zone, siting of the proposed
dwelling would be consistent with the limitations on density as applied under the applicable
density restrictions of DCC 18.88.
d. If the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions
of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed.
e. The County Assessor shall be notified of any approval of a dwelling under DCC 18.16.050.
f. If the lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993,
no dwelling exists on another lot or parcel that was part of the tract;
2. For purposes of DCC 18.16.050(E), "owner" includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law,
father-in-law, aunt, uncle, niece, nephew, step-parent, step-child, grandparent or grandchild of the
owner or a business entity owned by any one or a combination of these family members.
3. For purposes of DCC 18.16.050(E), the date of creation and existence means that, when a lot, parcel
or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to
qualify a lot, parcel or tract for the siting of a lot of record dwelling, the date of the reconfiguration
is the date of creation and existence. Reconfigured means any change in the boundary of the lot,
parcel or tract.
F. Lot of record dwelling on high-value farmland.
1. A lot of record dwelling on a pre-existing lot or parcel will be approved on high value farmland
when all of the following requirements are met:
Chapter 18.16 27 (05/2012)
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-family dwelling, including a manufactured home in accordance with DCC
18.116.070, not provided in conjunction with farm use, may be permitted on an existing lot or
parcel subject to the following criteria:
a. The Planning Director or Hearings Body shall make findings that:
i. The dwelling or activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming practices, as defined in ORS
215.203(2)(c), or accepted forest practices on nearby lands devoted to farm or forest use.
ii. The proposed nonfarm dwelling will not materially alter the stability of the overall land use
pattern of the area. In determining whether a proposed nonfarm dwelling will alter the
stability of the land use pattern in the area, the County shall consider the cumulative impact
of nonfarm dwellings on other lots or parcels in the area similarly situated, by applying the
standards under OAR 660-033-0130(4)(a)(D), and whether creation of the parcel will lead
to creation of other nonfarm parcels, to the detriment of agriculture in the area.
iii. The proposed nonfarm dwelling is situated on an existing lot or parcel, or a portion of a lot
or parcel that is generally unsuitable for the production of farm crops and livestock or
merchantable tree species, considering the terrain, adverse soil or land conditions, drainage
and flooding, vegetation, location and size of the tract.
iv. The proposed nonfarm dwelling is not within one-quarter mile of a dairy farm, feed lot or
sales yard, unless adequate provisions are made and approved by the Planning Director or
Hearings Body for a buffer between such uses. The establishment of a buffer shall be
designed based upon consideration of such factors as prevailing winds, drainage, expansion
potential of affected agricultural uses, open space and any other factor that may affect the
livability of the nonfarm-dwelling or the agriculture of the area.
Road access, fire and police services and utility systems (i.e., electrical and telephone) are
adequate for the use.
v. The nonfarm dwelling shall be located on a lot or parcel created prior to January 1, 1993, or
was created or is being created as a nonfarm parcel under the land division standards in
DCC 18.16.055(B) or (C).
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 parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable
land for the production of merchantable tree species recognized by the Forest Practices Rules,
considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation,
location and size of the parcel.
Chapter 18.16 28 (05/2012)
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
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. Except as provided in DCC 18.16.050(I)(2), pursuant to ORS 215.236, a
nonfarm dwelling on a lot or parcel in an Exclusive Farm Use zone that is or has been receiving
special assessment may be approved only on the condition that before a building permit is issued
the applicant must produce evidence from the County Assessor's office that the parcel upon which
the dwelling is proposed has been disqualified under ORS 308A.113 or ORS 308A.116 for special
assessment at value for farm use under ORS 308A.062 or other special assessment under ORS
308A.068, 321.352, 321.730 or 321.815 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 under the following conditions:
a. The dwelling is a manufactured home or recreational vehicle, and is used in conjunction with an
existing dwelling on the lot or parcel;
b. The manufactured home or recreational vehicle would be temporarily sited on the lot or parcel
only for the term of a hardship suffered by the existing resident or relative of the resident. The
manufactured dwelling shall be removed or demolished within three months of the date the
hardship no longer exists. The recreational vehicle shall not be occupied once the term of the
medical hardship is completed, except as allowed under DCC 18.116.095. A temporary
residence approved under this section is not eligible for replacement under DCC 18.16.020(J);
c. The existence of a medical hardship is verified by a written doctor's statement, which shall
accompany the permit application; and
d. The temporary manufactured home uses the same subsurface sewage disposal system used by
the existing dwelling, provided that the existing disposal system is adequate to accommodate
the additional dwelling. If the manufactured home will use a public sanitary sewer system,
such condition will not be required.
e. If a recreational vehicle is used as a medical hardship dwelling, it shall be required to have a
bathroom, and shall meet the minimum setbacks established under DCC 18.16.070.
2. Permits granted under DCC 18.16.050(H) shall be subject to the provisions of DCC 18.116.090 and
shall be required to meet any applicable DEQ review and removal requirements as a condition of
approval.
3. As used in DCC 18.16.050(H), the term "hardship" means a medical hardship or hardship for the
care of an aged or infirm person or persons.
4. As used in DCC 18.16.050(H), the term "relative" means grandparent, step-grandparent, grandchild,
parent, step-parent, child, step-child, brother, sister, sibling, step-sibling, niece, nephew, uncle, aunt,
or first cousin of the existing resident.
5. The proposed hardship dwelling or recreational vehicle shall meet the criteria under DCC
18.16.040(A)(1-2) and DCC 18.16.020(J)(6).
Chapter 18.16 29 (05/2012)
I. Wildlife conservation plan dwelling.
1. A dwelling listed in DCC 18.16.030(G) is allowed when the Planning Director or the Hearings
Body finds that the proposed dwelling:
a. Is situated on a lot or parcel existing on November 4, 1993, that qualifies for a farm dwelling, as
listed in DCC 18.16.030(A), or a nonfarm dwelling, as listed in DCC 18.16.030(C);
b. Will not force a significant change in accepted farm or forest practices on surrounding lands
devoted to farm or forest use;
c. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands
devoted to farm or forest use;
d. Will not be established on a lot or parcel that is predominantly composed of soils rated Class I
or II, when not irrigated, or rated Prime or Unique by the United States Natural Resources
Conservation Service or any combination of such soils; and
e. Is the only dwelling situated on the affected lot or parcel.
2. For a wildlife conservation plan dwelling approval based upon nonfarm dwelling criteria, DCC
18.16.050(I) shall also apply. Unless prior to approval of a conditional use permit for a wi ldlife
conservation plan dwelling the applicant submits to the assessor certification demonstrating
approval by Oregon Department of Fish and Wildlife of a wildlife conservation and management
plan and its implementation, the conditional use permit shall contain a condition requiring that the
applicant, prior to issuance of a building permit for such dwelling, either 1) submit certification to
the assessor from ODFW demonstrating approval and implementation of a wildlife conservation
and management plan qualifying under ORS 215.808 or 2) pay the tax penalties required by DCC
18.16.050(G)(3).
(Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-0020 §1, 2004; Ord.
2004-013 §2, 2004; Ord. 2004-001 §2, 2004; Ord. 98-033 §1, 1998; Ord. 98-030 §1, 1998; Ord. 95-007
§15, 1995; Ord. 94-026 §1, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §§2 and 3, 1991; Ord. 91-020 §1,
1991)
18.16.055. Land Divisions.
A. General. A division of land in the exclusive farm use zone shall be identified on the land division
application as either an irrigated land division, nonirrigated land division, or a division of land for a use
permitted by Oregon Revised Statutes 215.263 other than a dwelling. An irrigated land division is
subject to subsection B below; a nonirrigated land division is subject to subsection C below; and a land
division for a use other than a dwelling is subject to subsection E below, as well as ORS 215.263.
B. Irrigated land division.
1. An irrigated land division shall be subject to the minimum lot or parcel size requirements of DCC
18.16.065, Subzones, and all applicable requirements of DCC Title 17.
2. Partitions establishing parcels less than the EFU minimum parcel size established under DCC
18.16.065, may be permitted to create new parcels for nonfarm dwellings as follows:
a. If the parent parcel is equal to or greater than the minimum parcel size established under
18.16.065, and is less than 80 acres in size, one new nonfarm parcel may be created subject to
the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Remainder parcel shall meet the minimum lot size established under 18.16.065;
iii. All standards established under 18.16.050(G) for the dwelling shall be met;
iv. No minimum lot size shall be required for the nonfarm parcel.
v. The parcel for the nonfarm dwelling is generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or
land conditions, drainage and flooding, vegetation, location and size of the tract. A parcel
may not be considered unsuitable based solely on size or location if the parcel can
reasonably be put to farm or forest use in conjunction with other land.
Chapter 18.16 30 (05/2012)
b. If the parent parcel is equal to or greater than the minimum lot size established under 18.16.065,
and is greater than or equal to 80 acres in size, two new nonfarm parcels may be created subject
to the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Remainder parcel shall meet the minimum lot size established under 18.16.065;
iii. All standards established under 18.16.050(G) for the dwellings shall be met;
iv. No minimum parcel size shall be required for the nonfarm parcel.
v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or
land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel
may not be considered unsuitable based solely on size or location if the parcel can
reasonably be put to farm or forest use in conjunction with other land.
3. The minimum size for new parcels does not mean that farm dwellings may be approved on the new
parcels.
4, New dwellings in conjunction with farm use must satisfy the criteria in DCC 18.16.050.
C. Nonirrigated land division.
1. The minimum lot or parcel size for a nonirrigated land division is 80 acres.
2. Notwithstanding 1 above, land divisions creating nonfarm parcels less than the minimum lot size
may be allowed as follows:
a. If the parent parcel is greater than 80 acres in size, up to two new nonfarm parcels may be
allowed subject to the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Remainder parcel shall be at least 80 acres in size;
iii. All standards established under 18.16.050(G) for the dwellings shall be met;
iv. The minimum size for the nonfarm parcels is 5 acres.
v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or
land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel
may not be considered unsuitable based solely on size or location if the parcel can
reasonably be put to farm or forest use in conjunction with other land.
vi. Be located outside of the Horse Ridge East subzone.
b. If the parent parcel is greater than or equal to 40 acres and less than or equal to 80 acres, one
new nonfarm parcel is allowed subject to the following:
i. Parent parcel was lawfully created prior to July 1, 2001;
ii. Parcels are not capable of producing more than 20 cubic feet per acre per year of wood
fiber;
iii. Parcels are composed of at least 90 percent Class VII and VIII soils, or are composed of at
least 90 percent Class VI through VIII soils and are not capable of producing adequate
herbaceous forage for grazing livestock;
iv. Parcels shall not have established water rights for irrigation;
v. All standards established under 18.16.050(G) for the dwellings shall be met;
vi. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm
crops and livestock or merchantable tree species considering the terrain, adverse soil or land
conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not
be considered unsuitable based solely on size or location if the parcel can reasonably be put to
farm or forest use in conjunction with other land
vii. The minimum parcel size is 5 acres;
viii. Be located outside of the Horse Ridge East subzone.
D. Partitions in the Wildlife Area Combining Zones must meet the minimum parcel sizes established under
DCC 18.88.050.
Chapter 18.16 31 (05/2012)
E. A division of land for a use listed under ORS 215.263 other than a dwelling. Such divisions shall be
subject to the minimum parcel size requirements of DCC 18.16.060(C), ORS 215.263, and the
applicable partitioning standards, including the general partition standards set forth in DCC 17.22, the
Subdivision and Partition Ordinance.
(Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord.
2004-001 §2, 2004; Ord. 2002-016 §1, 2002; Ord. 2001-016 §2, 2001; Ord. 95-007 §16, 1995; Ord. 94-026
§2, 1994; Ord. 92-065 §3, 1992)
18.16.060. Dimensional Standards.
A. The minimum parcel size for irrigated land divisions created subject to DCC Title 17 shall be as
specified under DCC 18.16.065, "Subzones."
B. The minimum parcel size for nonirrigated land divisions created subject to DCC Title 17 is as specified
under DCC 18.16.055(C).
C. The minimum parcel size for all other uses permitted by Oregon Revised Statutes 215.263 shall be no
greater than the minimum size necessary for the use.
D. Each parcel shall have a minimum street frontage of 50 feet.
E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except
as allowed under DCC 18.120.040.
(Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §1, 2002; Ord.
2001-016 §2, 2001; Ord. 95-007 §17, 1995; Ord. 93-043 §3, 1993; Ord. 93-004 §1, 1993; Ord. 92-065 §3,
1992; Ord. 92-055 §1, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 91-020 §1, 1991)
18.16.065. Subzones.
A. Lower Bridge. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
One hundred thirty acres of irrigated land.
B. Sisters/Cloverdale. A proposed irrigated land division must result in parcels that demonstrate the
following characteristics or capabilities:
Sixty-three acres of irrigated land.
C. Terrebonne. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-five acres of irrigated land.
D. Tumalo/Redmond/Bend. A proposed irrigated land division must result in parcels that demonstrate the
following characteristics or capabilities:
Twenty-three acres of irrigated land.
E. Alfalfa. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-six irrigated acres.
F. La Pine. A proposed irrigated land division must result in parcels that demonstrate the following
characteristics or capabilities:
Thirty-seven acres of irrigated land.
G. Horse Ridge East. Minimum parcel size for a land division is 320 acres.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §1, 2002; Ord. 2001-016 §2, 2001; Ord.
95-007 §18, 1995; Ord. 92-065 §3, 1992)
18.16.067. Farm Management Plans.
A. Contents. A farm management plan shall consist of the following components:
1. A written description of existing and/or proposed farm uses, including type of crops or livestock,
size and location of areas for each use, and land or soil preparation required.
Chapter 18.16 32 (05/2012)
2. An assessment of the soils, climate and irrigation on the parcel demonstrating that the parcel is
suitable for the current or proposed use outlined in DCC 18.16.067(A)(1).
3. A business plan, including a demonstration that markets exist for the product; estimates of gross
sales or actual gross sales figures; estimated or actual figures concerning necessary expenditures;
and a list of capital expenditures incurred or projected to be incurred in establishing the farm use on
the parcel.
4. A written description of the farm uses in the area, including acreage, size and type of crop or
livestock raised showing that the proposed plan is representative of similar farm uses, if any, in the
area and will not conflict with the existing agriculture types.
5. For farm uses not currently practiced in the area, an analysis showing that the plan is representative
of the type of agriculture proposed.
B. Conditional approvals.
1. For purposes of land use approval, in instances where at the time of application the subject land is
not currently in farm use, a farm management plan will be deemed to demonstrate current
employment of the land for farm use if:
a. The farm management plan establishes a level of farming that constitutes a farm use;
b. The farm management plan sets forth specific timelines for the completion of capital
improvements (barns, fencing, irrigation, etc.) and for the establishment of the proposed farm
use on the parcel; and
c. Land use approval is subject to a condition that no building permit for the farm dwelling can be
issued prior to a determination that pursuant to the farm management plan a farm use has been
established on the subject land.
2. For purposes of determining under DCC 18.16.067 that a farm use has been established on the land,
the County shall determine that the farm management plan has been implemented to the extent that
the farm use has achieved the gross farm sales figure required under DCC 18.16.050.
(Ord. 95-007 §19, 1995; Ord. 93-004 §2, 1993; Ord. 92-065 §3, 1992)
18.16.070. Yards.
A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet
from a property line fronting on a collector street, and 100 feet from a property line fronting on an
arterial street.
B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property
with side yards adjacent to property currently employed in farm use, and receiving special assessment
for farm use, the side yard shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with
a rear yard adjacent to property currently employed in farm use, and receiving special assessment for
farm use, the rear yard shall be a minimum of 100 feet.
D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 94-008 §16, 1994; Ord. 93-004 §3, 1993; Ord.
92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 89-016 §1, 1989; Ord. 83-037 §8, 1983)
18.16.080. Stream Setbacks.
To permit better light, air, vision, stream pollution control, protection of fish and wildlife areas and
preservation of natural scenic amenities and vistas along streams and lakes, the following setbacks shall
apply:
A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the
ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to
the ordinary high water mark. In those cases where practical difficulties preclude the location of the
facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not
Chapter 18.16 33 (05/2012)
endanger health, the Planning Director or Hearings Body may permit the location of these facilities
closer to the stream or lake, but in no case closer than 25 feet.
B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water
mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high
water mark.
(Ord. 91-038 §§1 and 2, 1991; Ord. 91-020 §1, 1991)
18.16.090. Rimrock Setback.
Notwithstanding the provisions of DCC 18.16.070, setbacks from rimrock shall be as provided in DCC
18.116.160 or 18.84.090, whichever is applicable.
(Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991;
Ord. 86-053 §5, 1986)
Chapter 18.16 34 (05/2012)
EXHIBIT A
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Whereas the undersigned ___________________________ hereinafter referred to as "Declarant," is
owner in fee simple of the property described in Exhibit A attached hereto and by this reference incorporated
herein (the property); and
Whereas, Declarant has received approval to site a manufactured home on the property described herein
pursuant to land use permit No. __________ for an accessory farm dwelling, issued by Deschutes County
pursuant to Section 18.16.050(C) of the Deschutes County Code;
Whereas Section 18.16.050(C)(1)(b)(iii) requires as a condition of approval the recording of a deed
restriction in favor of Deschutes County requiring that any manufactured home sited under said permit be
removed prior to any further conveyance of this property; and
Whereas the Declarant desires to declare his/her intention to create covenants, conditions and restrictions
necessary to effectuate and comply with the requirements of OAR 660-33-130(24)(a)(B)(iii) and Section
18.16.050(C) of the Deschutes County Code;
Declarant hereby declares that all of the property described in Exhibit A shall be held, sold and conveyed
subject to the following covenants, conditions and restrictions in favor of Deschutes County:
Declarant shall cause to be removed any manufactured home sited on the property described herein
pursuant to Deschutes County land use permit No. ___________ for an accessory dwelling prior to any
further conveyance of the property.
Declarant’s obligations under this covenant shall not be extinguished by any subsequent conveyance
made in disregard of these covenants, conditions and restrictions.
These covenants, conditions, and restrictions shall in addition run with the land and be binding upon any
of the Declarant’s successors in interest should the property be transferred in disregard of this covenant.
It is intended that this covenant shall have the same effect as a regulation designed to implement the
comprehensive plan. This covenant may be enforced by Deschutes County by a suit in equity, or if
Deschutes County fails to take such action, by any person described in ORS 215.188.
These covenants, conditions and restrictions shall be released by the County upon proof that the
requirements set forth herein have been met.
Dated this _________ day of ___________.
_____________________________
(Signature)
(notary seal)
Chapter 18.36 1 (05/2012)
Chapter 18.36. FOREST USE ZONE - F-1
18.36.010. Purpose.
18.36.020. Uses Permitted Outright.
18.36.030. Conditional Uses Permitted.
18.36.040. Limitations on Conditional Uses.
18.36.050. Standards for Single-Family Dwellings.
18.36.060. Siting of Dwellings and Structures.
18.36.070. Fire Siting Standards for Dwellings and Structures.
18.36.080. Fire Safety Design Standards for Roads.
18.36.085. Stocking Requirement.
18.36.090. Dimensional Standards.
18.36.100. Yards and Setbacks.
18.36.110. Stream Setbacks.
18.36.120. State Law Controls.
18.36.130. Rimrock Setbacks.
18.36.140. Restrictive Covenants.
18.36.010. Purpose.
The purpose of the Forest Use Zone is to conserve forest lands.
(Ord. 92-025 §2, 1992; Ord. 91-020 §1, 1991)
18.36.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set
forth in DCC 18.36 and any other applicable provisions of DCC Title 18.
A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road
construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal
of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4.
B. Temporary on-site structures, that are auxiliary to and used during the term of a particular forest
operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here, temporary
structures are those which are portable and/or not placed on a permanent foundation, and which are
removed at the conclusion of the forest operation requiring its use. For the purposes of this section,
including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land, that
provides help or is directly associated with the conduct of a particular forest practice. An auxiliary
structure is located on site, temporary in nature, and is not designed to remain for the forest's entire
growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice
has concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for
purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams,
reservoirs, road construction or recreational facilities, subject to the Forest Practices Act (ORS Chapter
527) and Goal 4). Gravel extraction and processing not covered by DCC 18.36.020 is governed by
DCC 18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g.,
electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that
provides service hookups, including water service hookups.
Chapter 18.36 2 (05/2012)
G. Temporary portable facility for the primary processing of forest products. The facility shall not be
placed on a permanent foundation and shall be removed at the conclusion of the forest operation
requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the transportation element of the
comprehensive plan including public road and highway projects as described in ORS 215.283(1).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
M. Alteration, restoration or replacement of a lawfully established dwelling that:
1. Has intact exterior walls and roof structure;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or converted to an allowable use within three
months of completion of the replacement dwelling.
N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons
that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use
decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006.
(Ord. 2012-007 §3, 2012; Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992; Ord.
91-020 §1, 1991; Ord. 91-002 §8, 1991)
18.36.030. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable
provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18.
A. Private hunting and fishing operations without any lodging accommodations.
B. Caretaker residences for public parks and fish hatcheries.
C. Temporary forest labor camps limited to the duration of the forest operation requiring its use.
D. Exploration for and production of geo-thermal, gas, oil and other associated hydrocarbons, including the
placement and operation of compressors, separators and other customary production equipment for an
individual well adjacent to the well head.
E. Log scaling and weigh stations.
F. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit
under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.
G. Private parks and campgrounds.
1. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025.
2. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within
three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732
and OAR Chapter 660, Division 4.
3. For the purpose of DCC 18.36.030 a campground is an area devoted to overnight temporary use for
vacation, recreational or emergency purposes, but not for residential purposes and is established on
a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for
recreational use by the occupants of the campground.
4. A campground shall be designed and integrated into the rural agricultural and forest environment in
a manner that protects the natural amenities of the site and provides buffers of existing native trees
and vegetation or other natural features between campsites.
5. Campsites may be occupied by a tent, travel trailer or recreational vehicle.
Chapter 18.36 3 (05/2012)
6. Separate sewer, water or electric service hookups shall not be provided to individual campsites
except that electrical service may be provided to yurts allowed for by OAR 660-006-0025(4)(e)(C).
7. Campgrounds shall not include intensively developed recreational uses such as swimming pools,
tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a
camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month
period.
8. A private campground may provide yurts for overnight camping.
a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a
yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. As used in this rule, “yurt” means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
H. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not
otherwise permitted under DCC 18.36.030(D).
I. Television, microwave and radio communication facilities and transmission towers.
J. Fire stations for rural fire protection.
K. Commercial utility facilities for the purpose of generating power. A power generation facility shall not
preclude more than 10 acres from use as a commercial forest operation unless an exception is taken
pursuant to Oregon Administrative Rules 660, Division 4.
L. Aids to navigation and aviation.
M. Water intake facilities, related treatment facilities, pumping stations and distribution lines.
N. Reservoirs and water impoundments.
O. Cemeteries.
P. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210.
New distribution lines (e.g. electrical, gas, oil, geothermal, telephone, fiber optic cable) with rights of
way 50 feet or less in width.
Q. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects.
R. Home Occupations, subject to DCC 18.116.280.
S. Expansion of existing airports.
T. Public road and highway projects as described as ORS 215.283(2) and 215.283(3).
U. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections
of DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife Commission; and
4. Accommodations must be located within one-quarter mile of fish bearing Class I waters.
V. Forest management research and experimentation facilities as described by ORS 526.215 or where
accessory to forest operations.
W. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland,
subject to DCC 18.120.050 and 18.128.270.
X. A manufactured dwelling in conjunction with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative as defined in ORS 215.283.
1. As used in this section, “hardship” means a medical hardship or hardship for the care of an aged or
infirm person or persons.
2. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.36.040 and
18.36.060 of this chapter.
3. The manufactured home shall use the same subsurface sewage disposal system used by the existing
dwellings if that disposal system is adequate to accommodate the additional dwelling.
Chapter 18.36 4 (05/2012)
4. If the manufactured dwelling will use a public sanitary sewer system, such condition will not be
required.
5. A temporary residence approved under this subsection is not eligible for replacement under OAR
660-006-025.
Y. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, as pursuant to DCC
18.36.050.
Z. Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040, whichever
is applicable.
AA. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050
and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted; and
3. Accommodations are occupied temporarily for the purpose of hunting during either or both game
bird and or big game hunting seasons authorized by the Oregon Fish and Wildlife Commission.
BB. An Extended Outdoor Mass gathering subject to review by a county planning commission pursuant to
DCC Chapter 8.16.
CC. Permanent storage and repair of logging equipment.
DD. Permanent facility for the primary processing of forest products.
EE. Firearms training facility.
(Ord. 2012-007 §3, 2012; Ord. 2007-020 §3, 2007; Ord. 2004-002 §5, 2004; Ord. 2000-033 §1, 2000; Ord.
94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28,
1990; Ord. 86-018 §8, 1986)
18.36.040. Limitations on Conditional Uses.
A use authorized by DCC 18.36.030 must meet the following requirements. These requirements are
designed to make the use compatible with forest operations and agriculture and to conserve values found on
forest lands.
A. The proposed use will not force a significant change in, or significantly increase the cost of, accepted
farming or forest practices on agricultural or forest lands.
B. The proposed use will not significantly increase fire hazard or significantly increase fire suppression
costs or significantly increase risks to fire suppression personnel.
C. Prior to final approval of the uses listed in DCC 18.36.030(G), (N), (R), (U) and, (X), the land owner
shall sign and record in the County Clerk's office a written statement recognizing the rights of adjacent
and nearby land owners to conduct forest operations consistent with the Forest Practices Act and Rules.
(Ord. 2012-007 §3, 2012; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992; Ord. 91-020 §1, 1991)
18.36.050. Standards for Single-Family Dwellings.
A. General provisions.
1. Dwellings listed as a conditional use under DCC 18.36.050 shall meet the following standards:
a. One of the alternative tests set out in DCC 18.36.050(B) (lot of record dwelling), (C) (large
tract dwelling), or (D) (template dwelling);
b. If the lot or parcel is part of a "tract," the remaining undeveloped lots or parcels of the tract
shall be consolidated into a single lot or parcel, or the applicant shall sign and record with the
County Clerk covenants, conditions and restrictions (on a form substantially similar to that set
forth in DCC 18.36.140) prohibiting the siting of a dwelling on the undeveloped portions of the
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.
Chapter 18.36 5 (05/2012)
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).
i. For purposes of DCC 18.36.050, evidence of a domestic water supply means:
a) Verification from a water purveyor that the use described in the application will be
served by the purveyor under the purveyor's rights to appropriate water; or
b) A water use 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-family dwelling shall meet
the following requirements:
1. The lot or parcel on which the dwelling would be sited was lawfully created prior to January 1,
1985 and was acquired and owned continuously by the present owner either prior to January 1,
1985 or by devise or by intestate succession from a person who acquired the lot or parcel prior to
January 1, 1985.
2. For the purposes of DCC 18.36.050(B), "owner" includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law,
father-in-law, aunt, uncle, niece, nephew, step-parent, step-child, grandparent or grandchild of the
owner or a business entity owned by any one or combination of these family members.
3. The dwelling must be located on a tract that is composed of soils not capable of producing 4,000
cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as
defined under ORS 368.001 that provides or will provide access to the subject tract.
a. The road shall be maintained and either paved or surfaced with rock and shall not be a:
i. United States Bureau of Land Management (BLM) road, or
ii. a United States Forest Service road unless the road is paved to a minimum width of 18 feet,
there is at least one defined lane in each direction, and a maintenance agreement exists
Chapter 18.36 6 (05/2012)
between the United States Forest Service and landowners adjacent to the road, a local
government or a state agency.
4. For the purposes of DCC 18.36.050, "commercial tree species" means trees recognized for
commercial production under rules adopted by the Oregon Department of Forestry pursuant to ORS
527.715.
5. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no
dwellings exists on another lot or parcel that was part of the tract.
6. When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions
of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed.
7 For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting of the proposed
dwelling would be consistent with the limitations on density as applied under the applicable density
restrictions of DCC 18.88.
C. Large Tract Dwelling. A dwelling not allowed pursuant to DCC 18.36.050(B) may be
allowed if the subject property consists of at least 240 contiguous acres or 320 acres in one
ownership that are not contiguous but are in the same county or adjacent counties and zoned
for forest use and does not include an existing dwelling.
1. A deed restriction shall be filed pursuant to DCC 18.36.140 for all tracts that are used to
meet the acreage requirements of this subsection.
2. A tract shall not be considered to consist of less than 240 acres because it is crossed by a
public road or a waterway.
D. Template Dwelling. For approval under DCC 18.36.050(D), a single-family dwelling shall meet the
following requirements:
1. The lot or parcel is predominantly composed of soils that are:
a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if:
i. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least seven other lots or parcels that existed on January 1, 1993, are within
a 160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
c. Capable of producing more than 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
d. Lots or parcels within urban growth boundaries shall not be used to satisfy the template
requirements under this subsection.
2. Requirements of Applying Template
a. If a tract 60 acres or larger described in DCC 18.36.050(D) abuts a road or perennial stream, the
measurement shall be made by using a 160-acre rectangle that is one mile long and one-fourth
mile wide centered on the center of the subject tract and that is to the maximum extent possible
aligned with the road or stream.
b. If a road crosses the tract on which the dwelling will be located, at least one of the three
required dwellings shall be on the same side of the road as the proposed dwelling. However,
one of the three required dwellings shall be on the same side of the road or stream as the tract
and:
Chapter 18.36 7 (05/2012)
i. Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide
centered on the center of the subject tract and that is to the maximum extent possible
aligned with the road or stream;
ii. Be within one-quarter mile from the edge of the subject tract but not outside the length of
the 160-acre rectangle, and on the same side of the road or stream as the tract.
c. If a tract reviewed under DCC 18.36.050(D) abuts a road that existed on January 1, 1993, the
measurement may be made by creating a 160-acre rectangle that is one mile long and
one-fourth mile wide centered on the center of the subject tract and that is to the maximum
extent possible, aligned with the road.
(Ord. 2012-007 §3, 2012; Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992; Ord.
91-020 §1, 1991)
18.36.060. Siting of Dwellings and Structures.
A. All new dwellings and structures approved pursuant to DCC 18.36.030 or permitted under DCC
18.36.020 shall be sited in accordance with DCC 18.36.060 and DCC 18.36.070.
B. These criteria are designed to make such uses compatible with forest operations and agriculture, to
minimize wildfire hazards and risks and to conserve values found on forest lands.
C. These criteria shall include the following such that the dwellings and structures shall be sited on the
parcel so that they:
1. Have the least impact on nearby or adjoining forest or agricultural lands;
2. Ensure that adverse impacts on forest operations and accepted farming practices on the tract will be
minimized;
3. Minimize the amount of forest lands used to site the dwelling and structures, road access and
service corridors;
4. Are consistent with the applicable provisions of DCC 18.36.070, minimizes the risks associated
with wildfire.
D. Siting criteria satisfying the above may include setbacks from adjoining properties, clustering near or
among existing structures, siting close to existing roads and siting on that portion of the parcel least
suited for growing trees.
(Ord. 2012-007 §3, 2012; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992)
18.36.070. Fire Siting Standards for Dwellings and Structures.
The following fire siting standards shall apply to all new dwellings and permanent structures (including
permitted uses), except as otherwise noted:
A. Access
1. If a water supply, such as a swimming pool, pond, stream or lake, is available and suitable for fire
protection or is required under DCC 18.36.070, then road access to within 15 feet of the water's
edge shall be provided for pumping units. The road access shall be constructed and maintained to
accommodate the maneuvering of fire fighting equipment during the fire season. Permanent signs
shall be posted along the access route to indicate the location of the emergency water source.
2. Road access to the dwelling or structure shall meet the road design standards described in DCC
18.36.080.
B. Firebreaks. The owners of dwellings and structures shall construct and maintain the following
firebreaks on land surrounding the structures that is owned or controlled by the owner:
1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be constructed
containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders
or other similar materials.
Chapter 18.36 8 (05/2012)
2. Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed outside the
primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental
shrubbery or individual or groups of trees separated by a distance equal to the diameter of the
crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be limbed pruned to
at least eight feet in height. Dead fuels shall be removed.
3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions
around the secondary firebreak. Individual and groups of trees within the fuel break shall be
separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet,
whichever is greater. Small trees and brush growing underneath larger trees shall be removed to
prevent spread of fire up into the crowns of the larger trees. All trees shall be limbed pruned to at
least eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to
the beginning of the coming fire season.
4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a
stovepipe or chimney.
C. Caretaker residences and private accommodations for fishing shall not be located on hillsides steeper
than 30 percent and containing flammable fuels. A single family dwelling shall not be sited on a slope
greater than 40 percent.
D. The applicant for a single-family dwelling, caretaker residence or private accommodations for fishing
shall obtain an address from the County address coordinator and shall display that number in a location
of the property that is clearly visible from the road used as the basis for numbering. The numbers shall
not be less than three inches in height, shall be painted in a contrasting or visible color and shall comply
with all other applicable standards for signs.
E. Structural Standards.
1. All dwellings and structures shall use noncombustible or fire resistant roofing materials. This
means roofing material identified as Class A, B or C in the Oregon Uniform Building Code. Roof
sprinklers are not an acceptable alternative to this standard.
2. If the dwelling or structure has a chimney, it shall have a spark arrester.
F. Fire Protection. Single-family dwellings, caretaker residences and private accommodations for fishing
shall be located upon a parcel for which fire protection services are available or where alternative
protective measures are authorized by DCC 18.36.070(F).
1. For the purposes of DCC 18.36.070 fire protection services are available if the parcel is located
within the boundaries of a fire protection district or residential fire protection service is provided by
contract, as evidenced by a written, signed contract.
2. If the dwelling or structure is not within a fire protection district, the applicant shall provide
evidence that the applicant has asked to be included in the nearest such district.
3. If the parcel is not located within a fire protection district and it is determined, following application
for inclusion within the nearest such district, that inclusion in the district would be impracticable,
alternative means of fire protection shall be allowed, consistent with the following standards:
a. The dwelling or structure shall be equipped with a residential fire sprinkler system. For
caretaker residences or single-family residences, such a sprinkler system shall be installed to the
minimum requirements of NFPA 13D "Standards for the Installation of Sprinkler Systems in
One and Two-Family Dwellings."
b. The dwelling shall have on-site water storage capability from a swimming pool, pond, lake, or
similar water body of at least 4,000 gallons or a stream having a continuous year round flow of
at least one cubic foot per second. The applicant shall provide verification from the Water
Resources Department that any permits or registrations required for water diversions have been
obtained or that such permits or registrations are not required under state law for the use.
(Ord. 2004-013 §3, 2004; Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994; Ord. 92-025 §2, 1992)
Chapter 18.36 9 (05/2012)
18.36.080. Fire safety Design Standards for Roads.
The following standards apply to all roads and driveways, except for private roads accessing only
commercial forest uses, which access uses permitted under DCC 18.36.020 or approved under DCC
18.36.030.
A. Roads, bridges and culverts shall be designed and maintained to support a minimum gross vehicle
weight (GVW) of 50,000 lbs. If bridges or culverts are involved in the construction of a road or
driveway, written verification of compliance with the 50,000 lb. GVW standard shall be provided by a
Professional Engineer, registered in Oregon.
B. Access roads shall have an unobstructed horizontal clearance of not less than 20 feet and an
unobstructed vertical clearance of not less than 13.5 feet, and provide an all-weather surface.
C. Turnarounds shall have a minimum of 50 feet of turn radius with an all-weather surface and be
maintained for turning of fire fighting equipment.
D. Road grades should not exceed eight percent, with a maximum of 12 percent on short pitches.
Variations from these standards may be granted by the fire service having responsibility for the area
when topographic conditions make these standards impractical and where the local fire protection
district states their fire fighting equipment can negotiate the proposed road grade.
(Ord. 92-025 §2, 1992)
18.36.085. Stocking Requirement.
All dwellings approved under DCC 18.36.050 shall be subject to the provisions of DCC 18.36.085.
A. Stocking Requirement.
1. Dwellings approved under DCC 18.36.050 shall include a condition requiring the owner to plant a
sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet
Department of Forestry stocking requirements specified in Department of Forestry administrative
rules in force at the time the approval is granted.
2. If the lot or parcel is more than 30 acres, the property owner shall submit a stocking survey report to
the county assessor and the assessor will verify that the minimum stocking requirements have been
met by the time required by Department of Forestry rules.
B. Reporting Requirements.
1. The Planning Director or his designee shall notify the County Assessor of any stocking requirement
condition at the time the dwelling is approved.
2. The property owner shall submit a stocking survey report to the County Assessor and the Assessor
shall verify that the minimum stocking requirements have been met by the time required under
Department of Forestry rules. The assessor shall inform the Department of Forestry in cases where
the property owner has not submitted a stocking report or where the survey report indicates that
minimum stocking requirements have not been met.
3. Upon notification by the Assessor, the Department of Forestry shall determine whether the tract
meets minimum stocking requirements of the Forest Practices Act. That decision shall be solely the
decision of the Department of Forestry. If the department determines that the tract does not meet
those requirements, the department shall notify the owner and the Assessor that the land is not being
managed as forest land. The assessor shall then remove the forest land designation pursuant to ORS
321.359.
The tax penalty imposed by the Assessor under DCC 18.36.085 shall be the only sanction for
failure to meet stocking requirements.
(Ord. 2003-007 §1, 2003; Ord. 94-038 §1, 1994)
Chapter 18.36 10 (05/2012)
18.36.090. Dimensional Standards.
In an F-1 Zone, the following dimensional standards shall apply:
A. The minimum lot size is 80 acres; or
B. Land divisions creating parcels less than 80 acres in size may only be approved for uses listed in DCC
18.36.030(D) through (O), provided that those uses have been approved pursuant to DCC 18.36.040.
Such division shall create a parcel that is the minimum size necessary for the use.
C. Building Height. No nonagricultural building or structure shall be erected or enlarged to exceed 30 feet
in height, except as approved under DCC 18.120.040.
(Ord. 94-038 §1, 1994; Ord. 92-055 §4, 1992; Ord. 92-025 §2, 1992; Ord. 83-037 §10, 1983)
18.36.100. Yards and Setbacks.
A. The front yard setback shall be 40 feet from a property line fronting on a local street, 60 feet from a
property line fronting on a collector and 100 feet from a property line fronting on an arterial.
B. Each side yard setback shall be a minimum of 25 feet, except a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum side yard of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except parcels or lots with rear yards adjacent to zoned forest
land shall have a minimum rear yard of 100 feet.
D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 95-075 §1, 1995; Ord. 94-008 §18, 1994; Ord. 92-025 §2, 1992; Ord. 83-037 §11, 1983)
18.36.110. Stream Setbacks.
All sewage disposal installations such as vault toilets, septic tanks and drainfield systems shall be set back
from the ordinary high water mark along all streams and lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark. All structures, buildings or similar permanent fixtures, as well as
any campsites, shall be set back from the ordinary high water mark along all streams or lakes a minimum of
100 feet measured at right angles to the ordinary high water mark.
(Ord. 92-025 §2, 1992)
18.36.120. State Law Controls.
Forest operations are governed by the State Forest Practices Act. Whenever a use allowed by DCC 18.36
conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder,
state law shall control.
(Ord. 92-025 §2, 1992)
18.36.130. Rimrock Setbacks.
Setbacks from rimrock for new structures shall be as provided in DCC 18.116.160.
(Ord. 86-053 §8, 1986)
Chapter 18.36 11 (05/2012)
18.36.140. Restrictive Covenants.
Restrictive covenants required under DCC 18.36 shall substantially comply with the form set forth below:
"Declaration of Covenants, Conditions and Restrictions:
Whereas, the undersigned ______________ hereinafter referred to as "Declarant," is owner in fee
simple of the property described in Exhibit A attached hereto and incorporated by reference herein; and
Whereas, the Declarant desires to declare his/her intention to create certain covenants, conditions and
restrictions in order to effectuate and comply with the requirements of Oregon Administrative Rule
(OAR) 660-06-027;
Declarant hereby declares that all of the property described on Exhibit A shall be held, sold, and
conveyed subject to the following covenants, conditions and restrictions:
It is not lawful to use the property described in this instrument for the construction or siting of a
dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a
dwelling.
These covenants, conditions and restrictions can be removed only and at such time as the property
described herein is no longer protected under the statewide planning goals for agricultural and forest
lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions
may be removed, and the authorized representative of the County or counties in which the property
subject to these covenants, conditions and restrictions are located executes and records a release of the
covenants, conditions and restrictions created by this instrument.
In witness whereof, the undersigned, being Declarant herein, has heretofore set their hand this _____
day of ____________."
(Ord. 94-038 § 1, 1994)
Chapter 18.40 1 (05/2012)
Chapter 18.40. FOREST USE ZONE - F-2
18.40.010. Purpose.
18.40.020. Uses Permitted Outright.
18.40.030. Conditional Uses Permitted.
18.40.040. Limitations on Conditional Uses.
18.40.050. Standards for Single-Family Dwellings.
18.40.060. Siting of Dwellings and Structures.
18.40.070. Fire Siting Standards for Dwellings and Structures.
18.40.080. Fire Safety Design Standards for Roads.
18.40.085. Stocking Requirement.
18.40.090. Dimensional Standards.
18.40.100. Yards and Setbacks.
18.40.110. Stream Setbacks.
18.40.120. State Law Controls.
18.40.130. Rimrock Setback.
18.40.010. Purpose.
The purpose of the Forest Use Zone is to conserve forest lands.
(Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991)
18.40.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set
forth in DCC 18.40 and any other applicable provisions of DCC Title 18.
A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road
construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal
of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4.
B. Temporary on-site structures that are auxiliary to and used during the term of a particular forest
operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here, temporary
structures are those which are portable and/or not placed on a permanent foundation, and which are
removed at the conclusion of the forest operation requiring its use. For the purposes of this section,
including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land that
provides help or is directly associated with the conduct of a particular forest practice. An auxiliary
structure is located on site, temporary in nature, and is not designed to remain for the forest's entire
growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice
has concluded.
C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for
purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams,
reservoirs, road construction or recreational facilities, subject to the Forest Practices Act (ORS Chapter
527 and Goal 4). Gravel extraction and processing not covered by DCC 18.40.020 is governed by DCC
18.52.
D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g.,
electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that
provides service hookups, including water service hookups.
Chapter 18.40 2 (05/2012)
G. Temporary portable facility for the primary processing of forest products. The facility shall not be
placed on a permanent foundation and shall be removed at the conclusion of the forest operation
requiring its use.
H. Exploration for mineral and aggregate resources as defined in ORS 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights of way in conformance with the transportation element of the
comprehensive plan including public road and highway projects as described in ORS 215.283(1).
K. Water intake facilities, canals and distribution lines for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife enhancement.
M. Alteration, restoration or replacement of a lawfully established dwelling that:
1. Has intact exterior walls and roof structure;
2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed, demolished or converted to an allowable use within three
months of completion of the replacement dwelling.
N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons
that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use
decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006.
(Ord. 2012-007 §4, 2012; Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992; Ord.
91-020 §1, 1991; Ord. 91-005 §21, 1991; Ord. 91-002 §9, 1991)
18.40.030. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable
provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18:
A. Private hunting and fishing operations without any lodging accommodations.
B. Caretaker residences for public parks and fish hatcheries.
C. Temporary forest labor camps limited to the duration of the forest operation requiring it use.
D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and
other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40.
E. Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the
placement and operation of compressors, separators and other customary production equipment for an
individual well adjacent to the well head.
F. Log scaling and weigh stations.
G. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit
under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.
H. Private parks and campgrounds.
1. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025.
2. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within
three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732
and OAR Chapter 660, Division 4.
3. For the purpose of DCC 18.36.030 a campground is an area devoted to overnight temporary use for
vacation, recreational or emergency purposes, but not for residential purposes and is established on
a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for
recreational use by the occupants of the campground.
4. A campground shall be designed and integrated into the rural agricultural and forest environment in
a manner that protects the natural amenities of the site and provides buffers of existing native trees
and vegetation or other natural features between campsites.
5. Campsites may be occupied by a tent, travel trailer or recreational vehicle.
Chapter 18.40 3 (05/2012)
6. Separate sewer, water or electric service hookups shall not be provided to individual campsites
except that electrical service may be provided to yurts allowed for by OAR 660-006-0025(4)(e)(C).
7. Campgrounds shall not include intensively developed recreational uses such as swimming pools,
tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a
camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month
period.
8. A private campground may provide yurts for overnight camping.
a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a
yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. As used in this rule, “yurt” means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
I. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not
otherwise permitted under DCC 18.40.030(E).
J. Television, microwave and radio communication facilities and transmission towers.
K. Fire stations for rural fire protection.
L. Commercial utility facilities for the purpose of generating power. A power generation facility shall not
preclude more than 10 acres from use as a commercial forest operation unless an exception it taken
pursuant to Oregon Administrative Rules 660, Division 4.
M. Aids to navigation and aviation.
N. Water intake facilities, related treatment facilities, pumping stations and distribution lines.
O. Reservoirs and water impoundments.
P. Cemeteries.
Q. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210.
New distribution lines (e.g. gas, oil, geothermal, telephone, fiber optic cable) with rights of way 50 feet
or less in width.
R. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects.
S. Home Occupations, subject to DCC 18.116.280.
T. Expansion of existing airports.
U. Public road and highway projects as described as ORS 215.283(2) and 215.283(3).
V. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections
of DCC Title 18 and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted;
3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife Commission; and
4. Accommodations must be located within one-quarter mile of fish-bearing Class I waters.
W. Forest management research and experimentation facilities as described by ORS 526.215 or where
accessory to forest operations.
X. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, pursuant to DCC
18.40.050.
Y. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland,
subject to DCC 18.120.050 and 18.128.270.
Z. A manufactured home in conjunction with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative as defined in ORS 215.283.
1. As used in this section, “hardship” means a medical hardship or hardship for the care of an aged or
infirm person or persons.
2. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.40.040 and
18.40.60.
Chapter 18.40 4 (05/2012)
3. The manufactured home shall use the same subsurface sewage disposal system used by the existing
dwellings if that disposal system is adequate to accommodate the additional dwelling.
4. If the manufactured dwelling will use a public sanitary sewer system, such condition will not be
required.
5. A temporary residence approved under this subsection is not eligible for replacement under OAR
660-006-025.
AA.Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040, whichever
is applicable.
BB. Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050
and the following requirements:
1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory retail sales are permitted; and
3. Accommodations are occupied temporarily for the purpose of hunting during either or both game
bird or and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission
CC. An Extended Outdoor Mass Gathering subject to review by a county planning commission pursuant to
DCC Chapter 8.16.
DD. Permanent storage and repair of logging equipment.
EE. Permanent facility for the primary processing of forest products.
FF. Firearms training facility.
(Ord. 2012-007 §4, 2012; Ord. 2007-020 §4, 2007; Ord. 2004-002 §6, 2004; Ord. 2000-033 §1, 2000; Ord.
94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28,
1990; Ord. 86-018 §8, 1986)
18.40.040. Limitations on Conditional Uses.
A use authorized by DCC 18.40.030 must meet the following requirements. These requirements are
designed to make the use compatible with forest operations and agriculture and to conserve values found on
forest lands.
A. The proposed use will not force a significant change in, or significantly increase the cost of, accepted
farming or forest practices on agriculture or forest lands;
B. The proposed use will not significantly increase fire hazard or significantly increase fire suppression
costs or significantly increase risks to fire suppression personnel.
C. Prior to final approval of the uses listed in DCC 18.40.030(H), (O), (S), (V) and (Z), the landowner
shall sign and record in the County Clerk's office a written statement recognizing the rights of adjacent
and nearby landowners to conduct forest operations consistent with the Forest Practices Act and Rules.
(Ord. 2012-007 §4, 2012; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991)
18.40.050. Standards for Single-Family Dwellings.
A. General Provisions.
1. Dwellings listed as a conditional use under DCC 18.40.030(X) shall meet the following standards:
a. One of the alternative tests set out in DCC 18.40.050(B) (lot of record dwelling), DCC
18.40.050(C) (large tract dwelling), or DCC 18.40.050(D) (template dwelling);
b. If the lot or parcel is part of a "tract," the remaining undeveloped lots or parcels of the tract
shall be consolidated into a single lot or parcel, or the applicant shall sign and record with the
County Clerk covenants, conditions and restrictions (on a form substantially similar to that set
forth in DCC 18.36.140) prohibiting the siting of a dwelling on the undeveloped portions of the
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.
Chapter 18.40 5 (05/2012)
d. The applicant shall provide evidence that any domestic water supply is from a source
authorized in accordance with the Department of Water Resources Oregon Administrative
Rules for the appropriation of ground water (Oregon Administrative Rules 690, Division 10) or
surface water (Oregon Administrative Rules 690, Division 20) and not from a Class II stream as
defined in the Forest Practices Rule (Oregon Administrative Rules Chapter 629).
For purposes of DCC 18.40.050, evidence of a domestic water supply means:
i. Verification from a water purveyor that the use described in the application will be served
by the purveyor under the purveyor's rights to appropriate water; or
ii. A water use permit issued by the Water Resources Department for the use described in the
application; or
iii. Verification from the Water Resources Department that a water use permit is not required
for the use described in the application. If the proposed water supply is from a well and is
exempt from permitting requirements under ORS 537.545, the applicant shall submit the
well construction report to the County upon completion of the well.
e. If road access to a dwelling is by a road owned and maintained by a private party or by the
Oregon Department of Forestry, the U.S. Bureau of Land Management or the U.S. Forest
Service, then the applicant shall provide proof of a long-term road access use permit or
agreement. The road use permit may require the applicant to agree to accept responsibility for
road maintenance.
2. In addition, dwellings listed as a conditional use under DCC 18.40.030(X) shall be subject to the
following standards or conditions:
a. The conditional use standards set forth in DCC 18.40.040;
b. The siting criteria set forth in DCC 18.40.060;
c. The fire siting standards set forth in DCC 18.40.070;
d. The fire safety design standards for roads set forth in DCC 18.40.080;
e. The stocking requirements set forth in DCC 18.40.085, if applicable; and
f. Any other provisions made applicable by DCC Title 18 or the comprehensive plan.
3. Dwellings in forest zones shall not be subject to conditional use standards.
4. Approval of a dwelling in the forest zone under DCC Chapter 18.40 shall include a condition of
approval requiring that, prior to the issuance of a building permit, the landowner sign and record in
the deed records for the County a document binding the landowner, and the landowner’s successors
in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from
farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937.
B. Lot of Record Dwelling. For approval under DCC 18.40.050, a single-family dwelling shall meet the
following requirements:
1. The lot or parcel on which the dwelling would be sited was lawfully created prior to January 1,
1985 and was acquired and owned continuously by the present owner either prior to January 1,
1985 or by devise or by intestate succession from a person who acquired the lot or parcel prior to
January 1, 1985.
2. For the purposes of DCC 18.40.050, "owner" includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in- law,
father-in-law, aunt, uncle, niece, nephew, step-parent, step-child, grandparent or grandchild of the
owner or a business entity owned by any one or combination of these family members.
3. The dwelling would be located on a tract that is composed of soils not capable of producing 4,000
cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as
defined under ORS 368.001 that provides or will provide access to the subject tract.
a. The road shall be maintained and either paved or surfaced with rock and shall not be:
i. a United States Bureau of Land Management (BLM) road; or
ii. a United States Forest Service road unless the road is paved to a minimum width of 18 feet,
there is at least one defined lane in each direction and a maintenance agreement exists
Chapter 18.40 6 (05/2012)
between the United States Forest Service and landowners adjacent to the road, a local
government or a state agency.
4. For the purposes of DCC 18.40.050, "commercial tree species" means trees recognized for
commercial production under rules adopted by the Oregon Department of Forestry pursuant to
ORS 527.715.
5. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no
dwellings exists on another lot or parcel that was part of the tract.
6. When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions
of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed.
7. For lots or parcels located within a Wildlife Area (WA) Combining Zone, siting of the proposed
dwelling would be consistent with the limitations on density as applied under the applicable density
restrictions of DCC 18.88.
C. Large Tract Dwelling. A dwelling not allowed pursuant to DCC 18.40.050(B) may be allowed if the
subject property consists of at least 240 contiguous acres or 320 acres in one ownership that are not
contiguous but are in the same county or adjacent counties and zoned for forest use and does not include
an existing dwelling.
1. A deed restriction shall be filed pursuant to DCC 18.40.140 for all tracts that are used to meet the
acreage requirements of this subsection.
2. A tract shall not be considered to consist of less than 240 acres because it is crossed by a public
road or a waterway.
D. Template Dwelling. For approval under DCC 18.40.050(D), a single-family dwelling shall meet the
following requirements:
1. The lot or parcel is predominantly composed of soils that are:
a. Capable of producing zero to 20 cubic feet per acre per year of wood fiber if:
i. All or part of at least three other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
b. Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least seven other lots or parcels that existed on January 1, 1993, are within
a 160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
c. Capable of producing more than 50 cubic feet per acre per year of wood fiber if:
i. All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a
160 acre square centered on the center of the subject tract; and
ii. At least three dwellings existed on January 1, 1993, and continue to exist on the other lots
or parcels.
d. Lots or parcels within urban growth boundaries shall not be used to satisfy the template
requirements under this subsection.
2. Requirements of Applying Template
a. If a tract 60 acres or larger described in DCC 18.40.050(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.
b. If a road crosses the tract on which the dwelling will be located, at least one of the three
required dwellings shall be on the same side of the road as the proposed dwelling. However,
one of the three required dwellings shall be on the same side of the road or stream as the tract,
and:
Chapter 18.40 7 (05/2012)
i. Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide
centered on the center of the subject tract and that is to the maximum extent possible
aligned with the road or stream;
ii. Be within one-quarter mile from the edge of the subject tract but not outside the length of
the 160-acre rectangle, and on the same side of the road or stream as the tract.
c. If a tract reviewed under DCC 18.40.050(D) abuts a road that existed on January 1, 1993, the
measurement may be made by creating a 160-acre rectangle that is one mile long and
one-fourth mile wide centered on the center of the subject tract and that is to the maximum
extent possible, aligned with the road.
(Ord. 2012-007 §4, 2012; Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992; Ord.
91-020 §1, 1991)
18.40.060. Siting of Dwellings and Structures.
A. All new dwellings and structures approved pursuant to DCC 18.40.030 or permitted under DCC
18.40.020 shall be sited in accordance with DCC 18.40.060 and DCC 18.40.070.
B. These criteria are designed to make such uses compatible with forest operations and agriculture, to
minimize wildfire hazards and risks, and to conserve values found on forest lands.
C. These criteria shall include the following such that the dwellings and structures shall be sited on the
parcel so that they:
1. Have the least impact on nearby or adjoining forest or agricultural lands;
2. Ensure that adverse impacts on forest operations and accepted farming practices on the tract will be
minimized;
3. Minimize the amount of forest lands used to site the dwelling and structures, road access and
service corridors;
4. Are consistent with the applicable provisions of DCC 18.40.070, minimizes the risks associated
with wildfire.
D. Siting criteria satisfying the above may include setbacks from adjoining properties, clustering near or
among existing structures, siting close to existing roads and siting on that portion of the parcel least
suited for growing trees.
(Ord. 2012-007 §4, 2012; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992)
18.40.070. Fire Siting Standards for Dwellings and Structures.
The following fire siting standards shall apply to all new dwellings and permanent structures (including
permitted uses):
A. Access.
1. If a water supply, such as a swimming pool, pond, stream or lake, is available and suitable for fire
protection or is required under DCC 18.40.070, then road access to within 15 feet of the water's
edge shall be provided for pumping units. The road access shall be constructed and maintained to
accommodate the maneuvering of fire fighting equipment during the fire season. Permanent signs
shall be posted along the access route to indicate the location of the emergency water source.
2. Road access to the dwelling or structure shall meet the road design standards described in DCC
18.40.080.
B. Firebreaks. The owners of dwellings and structures shall construct and maintain the following
firebreaks on land surrounding the structures that is owned or controlled by the owner:
1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be constructed
containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders
or other similar materials.
2. Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed outside the
primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental
shrubbery or individual or groups of trees separated by a distance equal to the diameter of the
Chapter 18.40 8 (05/2012)
crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be limbed pruned to
at least eight feet in height. Dead fuels shall be removed.
3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions
around the secondary firebreak. Individual and groups of trees within the fuel break shall be
separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet,
whichever is greater. Small trees and brush growing underneath larger trees shall be removed to
prevent spread of fire up into the crowns of the larger trees. All trees shall be limbed pruned to at
least eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to
the beginning of the coming fire season.
4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a
stovepipe or chimney.
C. Caretaker residences and private accommodations for fishing shall not be located on hillsides steeper
than 30 percent and containing flammable fuels. A single family dwelling shall not be sited on a slope
greater than 40 percent.
D. The applicant for a single-family dwelling, caretaker residence or private accommodations for fishing
shall obtain an address from the County address coordinator and shall display that number in a location
of the property that is clearly visible from the road used as the basis for numbering. The numbers shall
not be less than three inches in height, shall be painted in a contrasting or visible color and shall comply
with all other applicable standards for signs.
E. Structural Standards.
1. All dwellings and structures shall use noncombustible or fire resistant roofing materials. This
means roofing material identified as Class A, B or C in the Oregon Uniform Building Code. Roof
sprinklers are not an acceptable alternative to this standard.
2. If the dwelling or structure has a chimney, it shall have a spark arrester.
F. Fire Protection. Single-family dwellings, caretaker residences and private accommodations for fishing
shall be located upon a parcel for which fire protection services are available or where alternative
protective measures are authorized by DCC 18.40.070(F).
1. For the purposes of DCC 18.40.070 fire protection services are available if the parcel is located
within the boundaries of a fire protection district or residential fire protection service is provided by
contract, as evidenced by a written, signed contract.
2. If the dwelling or structure is not within a fire protection district, the applicant shall provide
evidence that the applicant has asked to be included in the nearest such district.
3. If the parcel is not located within a fire protection district and it is determined, following application
for inclusion within the nearest such district, that inclusion in the district would be impracticable,
alternative means of fire protection shall be allowed, consistent with the following standards:
a. The dwelling or structure shall be equipped with a residential fire sprinkler system. For
caretaker residences or single-family residences, such a sprinkler system shall be installed to the
minimum requirements of NFPA 13D "Standards for the Installation of Sprinkler Systems in
One and Two-Family Dwellings."
b. The dwelling shall have on-site water storage capability from a swimming pool, pond, lake, or
similar water body of at least 4,000 gallons or a stream having a continuous year round flow of
at least one cubic foot per second. The applicant shall provide verification from the Water
Resources Department that any permits or registrations required for water diversions have been
obtained or that such permits or registrations are not required under state law for the use.
(Ord. 2004-013 §4, 2004; Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994; Ord. 92-025 §3, 1992)
18.40.080. Fire Safety Design Standards for Roads.
The following standards apply to all roads and driveways, except for private roads accessing only
commercial forest uses, which access uses permitted under DCC 18.40.020 or approved under DCC
18.40.030.
Chapter 18.40 9 (05/2012)
A. Roads, bridges and culverts shall be designed and maintained to support a minimum gross vehicle
weight (GVW) of 50,000 lbs. If bridges or culverts are involved in the construction of a road or
driveway, written verification of compliance with the 50,000 lb. GVW standard shall be provided by a
professional engineer registered in Oregon.
B. Access roads shall have an unobstructed horizontal clearance of not less than 20 feet and an
unobstructed vertical clearance of not less than 13.5 feet, and provide an all-weather surface.
C. Turnarounds shall have a minimum of 50 feet of turn radius with an all-weather surface and be
maintained for turning of fire fighting equipment.
D. Road grades should not exceed eight percent, with a maximum of 12 percent on short pitches.
Variations from these standards may be granted when topographic conditions make these standards
impractical and where the local fire protection district states their fire fighting equipment can negotiate
the proposed road grade.
(Ord. 92-025 §3, 1992)
18.40.085. Stocking Requirement.
All dwellings approved under DCC 18.40 shall be subject to the provisions of DCC 18.40.085.
A. Stocking Requirement.
1. Dwellings approved under DCC 18.40 shall include a condition requiring the owner to plant a
sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet
Department of Forestry stocking requirements specified in Department of Forestry administrative
rules (Oregon Administrative Rules 629 in force at the time the approval is granted.
2. If the lot or parcel is more than 30 acres, the property owner shall submit a stocking survey report to
the county assessor and the assessor will verify that the minimum stocking requirements have been
met by the time required by Department of Forestry rules.
B. Reporting Requirements.
1. The Planning Director or his designee shall notify the County Assessor of any stocking requirement
condition at the time the dwelling is approved.
2. The property owner shall submit a stocking survey report to the County Assessor and the Assessor
shall verify that the minimum stocking requirements have been met by the time required under
Department of Forestry rules. The Assessor shall inform the Department of Forestry in cases where
the property owner has not submitted a stocking report or where the survey report indicates that
minimum stocking requirements have not been met.
3. Upon notification by the Assessor, the Department of Forestry shall determine whether the tract
meets minimum stocking requirements of the Forest Practices Act. That decision shall be solely the
decision of the Department of Forestry. If the department determines that the tract does not meet
those requirements, the department shall notify the owner and the assessor that the land is not being
managed as forest land. The Assessor shall then remove the forest land designation pursuant to
ORS 321.359.
The tax penalty imposed by the Assessor under DCC 18.40.085 shall be the only sanction for
failure to meet stocking requirements.
(Ord. 2003-007 §2, 2003; Ord. 94-038 §2, 1994)
18.40.090. Dimensional Standards.
In an F-2 Zone, the following dimensional standards shall apply:
A. The minimum lot size is 80 acres; or
B. Land divisions creating parcels less than 80 acres in size may only be approved for uses listed in DCC
18.40.030(D) through (P), provided that those uses have been approved pursuant to DCC 18.40.040.
Such division shall create a parcel that is the minimum size necessary for the use.
Chapter 18.40 10 (05/2012)
C. Building Height. No nonagricultural building or structure shall be erected or enlarged to exceed 30 feet
in height, except as approved under DCC 18.120.040.
(Ord. 94-038 §2, 1994; Ord. 92-055 §5, 1992; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991)
18.40.100. Yards and Setbacks.
A. The front yard setback shall be 40 feet from a property line fronting on a local street, 60 feet from a
property line fronting on a collector and 100 feet from a property line fronting on an arterial.
B. Each side yard setback shall be a minimum of 25 feet, except a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum side yard of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except parcels or lots with rear yards adjacent to zoned forest
land shall have a minimum rear yard of 100 feet.
D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 95-075 §1, 1995; Ord. 94-008 §19, 1994; Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991; Ord. 83-037
§11, 1983)
18.40.110. Stream Setbacks.
All sewage disposal installations, such as vault toilets, septic tanks and drainfield systems shall be set back
from the ordinary high water mark along all streams and lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark. All structures, buildings or similar permanent fixtures, as well as
any campsites shall be set back from the ordinary high water mark along all streams or lakes a minimum of
100 feet measured at right angles to the ordinary high water mark.
(Ord. 92-025 §3, 1992; Ord. 91-020 §1, 1991)
18.40.120. State Law Controls.
Forest operations are governed by the State Forest Practices Act. Whenever a use allowed by DCC 18.40
conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder,
state law shall control.
(Ord. 92-025 §3, 1992)
18.40.130. Rimrock Setback.
Setbacks from rimrock for new structures shall be as provided in DCC 18.116.160.
(Ord. 93-043 §5, 1993; Ord. 86-053 §8, 1986)
I
I
18.04.030, Definitions
I
1
"Church" meaRS aR iRstitbitisR that has RSRprefit statbls as a chblFch established '''lith the IAtemal
Re'JeRbie Service. See Religious Assembly/House of Worship
"Religious Assembly/House of Worship" Uses include meeting areas for religious activities, Sunday
school facilities, parking, and related incidental uses. The term includes, but is not limited to, churches,
temples, synagogues, mosques. K-12 church affiliated schools, work-week day care facilities, and
caretaker's or pastor's housing are not allowed as incidental or accessory uses, but instead require
separate land use permits when sited in association with a religious assembly use.
Chapter 18.96 (9/2007) 1
Chapter 18.96. FLOOD PLAIN ZONE - FP
18.96.010. Purposes.
18.96.020. Designated Areas.
18.96.030. Uses Permitted Outright.
18.96.040. Conditional Uses Permitted.
18.96.050. Prohibited Uses.
18.96.060. Limitations on Conditional Uses.
18.96.070. Application for Conditional Use.
18.96.080. Criteria to Evaluate Conditional Uses.
18.96.085. Elevation Certification.
18.96.090. Yard and Setback Requirements.
18.96.100. Stream Setback.
18.96.110. Dimensional Standards.
18.96.120. Warning and Disclaimer of Liability.
18.96.130 Interpretation of FIRM Boundaries
18.96.140 Use Variances.
18.96.010. Purposes.
The purposes of the Flood Plain Zone are: To implement the Comprehensive Plan Flooding Section; to
protect the public from the hazards associated with flood plains; to conserve important riparian areas along
rivers and streams for the maintenance of the fish and wildlife resources; and to preserve significant scenic
and natural resources while balancing the public interests with those of individual property owners in the
designated areas.
(Ord. 88-030 §4, 1988)
18.96.20. Designated Areas.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "Flood Insurance Study for Deschutes County, Oregon and Incorporated Areas"
revised September 28, 2007, with accompanying Flood Insurance Rate Maps is hereby adopted by reference
and incorporated herein by this reference. The Flood Insurance Study is on file at the Deschutes County
Community Development Department.
The Flood Plain Zone shall include all areas designated as "Special Flood Hazard Areas” by the Flood
Insurance Study for Deschutes County. When base flood elevation data has not been provided in the Flood
Insurance Study, the Planning Director will obtain, review and reasonably utilize any base flood elevation or
floodway data available from federal, state or other sources, in determining the location of a flood plain or
floodway.
(Ord 2007-019 §2, 2007; Ord. 2000-033 §5, 2000; Ord. 88-030 §4, 1988)
18.96.030. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright
A. Agricultural use conducted without establishing or utilizing a structure. For purposes of DCC
18.96.030(A), a "structure" does not include a boundary fence as long as such fence is designed to
impede as little as possible the movement of floodwaters and flood-carried material.
B. Management, propagation and harvesting of a forest product.
C. Open space.
D. Portions of a residential use that do not contain structures, such as lawn, garden or play areas.
Chapter 18.96 (9/2007) 2
E. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject
to the standards and criteria established by DCC 18.116.230 that do not involve Floodplain
development.
F. Class III road or street project that does not constitute Floodplain development as defined in DCC
18.04.030.
G. Excavation, grading and fill for the routine maintenance and repair of existing roads and roadway
drainage within the road right-of-way that will have not adverse effect on flood waters.
H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
I. Recreational vehicles provided they meet the standards and criteria established by DCC 18.116.095.
(Ord. 2007-019 §2, 2007; Ord. 93-043 §15, 1993; Ord. 91-020 §1, 1991; Ord. 88-030 §4, 1988)
18.96.040. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed subject to applicable sections of this title:
A. A roadway, bridge or utility structure, except a landfill, that will not impede the waters of a base flood
subject to DCC 18.128.
B. Incidental storage of material or equipment that is either not subject to damage by flood, or is mobile
and readily removable from the area within time available after flood warning. If such material is not
readily removable, it shall be anchored to prevent flotation and shall not obstruct water flow. Material
or equipment stored shall include only items which will not create a hazard to the health or safety of
persons, property, animals or plant life should the storage area be inundated.
C. Single-family dwelling, or a manufactured home subject to DCC 18.116.070, on an individual lot. In
addition to the other requirements of DCC 18.96, single-family dwellings proposed to be sited in areas
of the Flood Plain Zone designated "Agriculture" on the Comprehensive Plan Map may be approved
only as uses identified by DCC 18.16.030(A), (B), (D) or (E) and subject to the applicable provisions of
DCC 18.16 governing those uses. In addition to the other requirements of DCC 18.96, single-family
dwellings proposed to be sited in areas of the Flood Plain Zone designated "Forest" on the
Comprehensive Plan Map may be approved only as uses identified by DCC 18.36.030(Y), 18.40.030(X)
or 18.40.030(Y) and subject to the applicable provision of DCC 18.36 and 18.40 governing those uses.
D. Agricultural accessory buildings.
E. Hydroelectric facilities subject to DCC 18.116.130 and 18.128.260.
F. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland,
subject to DCC 18.120.050 and 18.128.270. Excavation, grading and fill within any area of special
flood hazard identified in DCC 18.96.020.
G. Recreational uses requiring only structures having an insignificant effect on flood waters outside the
Floodway, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, wildlife or nature preserves, game farms, fish hatcheries, shooting
preserves and hunting or fishing areas subject to DCC 18.128, except in areas designated "Forest" or
"Agriculture" on the Comprehensive Plan Map.
H. Subdividing or partitioning of land, any portion of which is located in a flood plain, subject to the
provisions of DCC Title 18 and DCC Title 17, the Subdivision/Partition Ordinance.
I. All new construction, expansion or substantial improvement of an existing dwelling, an agricultural
related structure, a commercial, industrial or other non-residential structure, or an accessory building.
J. A boat dock or pier, either individual or community, on private property which lies in the following
areas:
1. On the Deschutes River between river miles 226.4 and 224.5. This area is identified in the Scenic
Waterway Management Plan as the Wickiup River Community Area;
2. On the Deschutes River between river miles 217.5 and 216.5. This area is identified in the Scenic
Waterway Management Plan as the Pringle Falls River Community Area; and
Chapter 18.96 (9/2007) 3
3. On the Deschutes River between river miles 207 and 192. This area is identified in the Scenic
Waterway Management Plan as River Community Areas and Recreational River Area respectively.
K. Those recreational uses described in DCC 18.36.030, "F-1 - Conditional Uses," having an insignificant
effect on flood waters where the subject Flood Plain-zoned site is designated by the Comprehensive
Plan Map as "Forest" and is adjacent to land zoned F-1.
L. Those recreational uses described in DCC 18.40.030, "F-2 - Conditional Uses," having an insignificant
effect on flood waters where the subject Flood Plain-zoned site is designated by the Comprehensive
Plan Map as "Forest" and is adjacent to land zoned F-2.
M. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
N. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance
of irrigation systems operated by an Irrigation District, including the excavation and mining for
facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material.
(Ord. 2007-019 §2, 2007; Ord. 2001-039 §11, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord.
96-032 §1, 1996; Ord. 95-075 §1, 1995; Ord. 95-022 §1, 1995; Ord. 93-045 §1, 1993; Ord. 93-002 §4,
1993; Ord. 91-038 §1, 1991; Ord. 91-005 §37, 1991; Ord. 89-009 §4, 1989; Ord. 88-030 §4, 1988)
18.96.050. Prohibited Uses.
Marinas, boat slips and boat houses on private property.
(Ord. 89-009 § 5, 1989)
18.96.060. Limitations on Conditional Uses.
The following limitations shall apply to all uses allowed by DCC 18.96.040:
A. No new construction of a dwelling (including manufactured housing), accessory structure or farm use
structure shall be allowed in the floodway of any river or stream except for replacement in conformance
with the applicable provisions of DCC 18.96 of a dwelling lawfully in existence as of the effective date
of Ordinance 88-030.
B. No new construction of a dwelling (including manufactured housing), accessory structure or farm use
structure shall be located in the flood plain unless it can be demonstrated by the applicant that no
alternative exists on the subject property which would allow the structure to be placed outside of the
flood plain.
C. No subdivision or partition shall be allowed which creates the potential for additional residential
dwellings in the flood plain.
D. All necessary federal, state and local government agency permits shall be obtained.
(Ord. 2007-019 §2, 2007; Ord. 95-022 §1, 1995; Ord. 93-002 §5, 1993; Ord. 91-020 §1, 1991; Ord. 88-030
§4, 1988)
18.96.070. Application for Conditional Use.
All records of any application for a conditional use permit and all certification of elevations shall be
maintained in the records of the Community Development Department for public inspection. An
application for a conditional use permit in the Flood Plain Zone shall, at a minimum, contain the following
information:
A. A detailed explanation of why it is necessary to conduct the proposed use in the Flood Plain Zone.
Where base flood elevation data is not available from the Flood Insurance Study or from another
authoritative source, it shall be generated and submitted with the application for subdivision proposals
and other proposed developments which contain at least 50 lots or five acres (whichever is less).
B. A site plan, drawn to scale and accompanied by drawings, sketches and descriptions which describe and
illustrate the proposed use. This site plan shall include, at a minimum, existing and proposed site
Chapter 18.96 (9/2007) 4
contours in relation to the base flood elevation, existing and proposed structures, drainage facilities, and
an explanation of how erosion will be dealt with during and after construction of the use.
C. The location of the property relative to the channel of the river or stream.
D. The location of existing and proposed diking or abutments, if any.
E. The elevation of the lowest habitable floor and of any basement floor for any dwelling unit or structure.
F. The elevation to which the structure is to be floodproofed, if applicable.
G. Elevations on the site plan shall be established by a licensed surveyor or engineer, and shall be in
relation to mean sea level.
H. Certification by a registered professional engineer or architect that the floodproofing methods for any
structure meet the floodproofing criteria established by the Federal Emergency Management Agency
and the applicable standards in DCC 18.96.
I. All other elements or information which will assist in the evaluation of the proposed development and
conformance with the applicable criteria.
(Ord. 95-022 §1, 1995; Ord. 93-043 §15A, 1993; Ord. 91-020 §1, 1991; Ord. 88-030 §4, 1988)
18.96.080. Criteria to Evaluate Conditional Uses.
A. A conditional use permit in a Flood Plain Zone shall not be approved unless all standards established by
the Federal Emergency Management Agency and DCC Title 18 are addressed and findings are made by
the Hearings Body or Planning Director that each of the standards and criteria are satisfied.
B. Approval to alter or relocate a water course shall require notification to adjacent communities, the
Department of Land Conservation and Development and Department of State Lands, prior to any such
alteration or relocation and submit evidence to the Federal Insurance Administration. Maintenance shall
be provided within the altered and relocated portion of said watercourse so that the flood carrying
capacity is not diminished.
C. A conditional use permit shall be based upon findings which relate to the property and existing and
proposed structure(s). They shall not pertain to the property owner, inhabitants, economic or financial
circumstances.
D. All structures in the flood plain shall meet the following standards.
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure.
b. All manufactured homes must be anchored to prevent flotation, collapse or lateral movement,
and shall be installed using methods and practices that minimize flood damage. Anchoring
methods may include, but are not limited to, use of over-the-top or frame ties to ground
anchors.
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
b. New and replacement sanitary systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system and discharge from the system into flood waters.
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
Chapter 18.96 (9/2007) 5
4. Below-grade crawlspace is allowed subject to the standards in FEMA Technical Bulletin 11-01.
E. Subdivision and Partition Proposals.
1. All subdivision and partition proposals shall be consistent with the need to minimize flood damage.
2. All subdivision and partition proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
3. All subdivision and partition proposals shall have adequate drainage provided to reduce exposure to
flood damage.
F. Review of Building Permits. Where elevation data is not available either through the Flood Insurance
Study or from another authoritative source, applications for building permits shall be reviewed to assure
that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local
judgment and includes use of historical data, high water marks, photographs of past flooding, etc.,
where available. (Failure to elevate at least two feet above grade in these zones may result in higher
insurance rates.)
G. Specific Standards. In the Flood Plain Zone, the following requirements must be met:
1. Residential Construction.
a. New construction, including replacement, and substantial improvement of any residential
structure shall have the lowest floor of the entire structure, including basement, elevated at least
one foot above base flood elevation.
b. Fully enclosed areas below the lower floor that are subject to flooding are prohibited unless
they are designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
satisfy the standards in FEMA Technical Bulletin 11-01 and must either be certified by a
registered professional engineer or architect and or must meet or exceed the following criteria:
i. A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers or other coverings or devices, provided
that they permit the automatic entry and exit of floodwaters.
2. Nonresidential Construction. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest floor, including basement,
elevated at least one foot above the level of the base flood elevation, or, together with attendant
utility and sanitary facilities, shall:
a. Be flood proofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water.
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
c. Be certified by a registered professional engineer or architect that the design and methods of
construction are subject to accepted standards of practice for meeting provisions of DCC
18.96.080, based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the County as set forth in DCC 18.96.070(H).
d. Nonresidential structures that are elevated, but not flood proofed, must meet the same standards
for space below the lowest floor as described in DCC 18.96.080(F).
e. Applicants for floodproofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g. a building
constructed to the flood level will be rated as one foot below that level).
3. Manufactured Homes. All manufactured homes to be placed or substantially improved shall be
elevated on a permanent foundation such that the lowest floor of the manufactured home is at least
one foot above the base flood elevation. Such manufactured homes shall be securely anchored to an
adequately anchored foundation system subject to the provisions of DCC 18.96.080(C)(1).
4. Docks, Piers and Walkways.
Chapter 18.96 (9/2007) 6
a. No individual boat dock or pier shall be allowed on any lot with less than 200 feet of river
frontage.
b. No community boat dock or pier shall be allowed on any lot with less than 100 feet of river
frontage.
c. No individual boat dock or pier shall be more than 20 feet in length or more than eight feet in
width. The total surface area shall not exceed 160 square feet.
d. No community boat dock or pier shall be more than 20 feet in length. The total surface area
shall not exceed 320 square feet.
e. A boat dock or pier shall not extend into or over the water more than 20 feet as measured from
the ordinary high water mark (OHM), or five percent of the distance between the ordinary low
water mark (OLM) on each river or stream bank measured at right angles to the shoreline,
whichever is less, unless it can be shown that a greater extension:
i. Is necessary to allow access to the OHM;
ii. Will not increase flood hazard; and
iii. Will not cause the deterioration or destruction of marine life or wildlife habitat. When the
lines of ordinary high or low water cannot be determined by survey or inspection, then such
lines shall be determined by a registered professional engineer using the annual mean high
or low water for the preceding year, using data from the State of Oregon Watermaster.
f. Individual boat docks and piers shall have a minimum five foot setback from adjoining property
boundaries projected over the water surface.
g. Dock, pier and walkway structures shall not be covered or enclosed.
h. All materials used in dock, pier or walkway construction must be in compliance with all DEQ
and EPA regulations.
i. Docks, piers and walkways shall use either pilings or Styrofoam floats if such floats are fully
enclosed and sealed.
j. Docks, piers and walkways shall not impede water movement or cause deposition on waterway
beds.
k. Docks, piers and walkways containing concrete or wood preservatives shall be fully cured or
dried prior to placement in the water.
l. No walkway shall be more than four feet in width. The length of the walkway shall be no more
than the minimum required to allow access to a dock.
m. Walkways shall include at least one handrail if the structure is elevated 30 inches or more from
ground level.
n. All docks, piers and walkways shall meet the test of noninterference with navigation.
5. Parking Facilities. No parking facility shall be located within 20 feet (measured at right angles) of
the ordinary high water mark (OHM).
H. Floodways. In floodways the following provisions shall apply:
1. Encroachments, including fill and removal, replacement of a dwelling lawfully in existence on the
effective date of Ordinance 88-030 and other development are prohibited unless certification by a
registered professional engineer is provided demonstrating that the proposed encroachments will
not result in any increase in flood levels during a base flood discharge.
2. The applicant must demonstrate that all necessary federal, state and local government agency
permits have been or can be obtained and that all other applicable sections of DCC Title 18 have
been satisfied.
3. Replacement of a dwelling shall not increase the square footage or footprint of the structure by
more than 20 percent of the square footage or footprint of such dwelling as of the effective date of
Ordinance 88-030.
4. No replacement of a dwelling shall be allowed if the use of the preexisting dwelling has been
abandoned or otherwise terminated for a period of over one year.
Chapter 18.96 (9/2007) 7
(Ord. 2007-019 §2, 2007; Ord. 2000-033 §6, 2000; Ord. 95-075 §1, 1995; Ord. 95-022 §1, 1995; Ord.
93-043 §15B, 1993; Ord. 93-002 §§6-8, and 9, 1993; Ord. 91-020 §1, 1991; Ord. 89-009 §7, 1989; Ord.
88-030 §4, 1988)
18.96.085. Elevation Certification.
Elevation of all new construction, including replacement and substantial improvements, relative to mean sea
level of the lowest floor shall be documented before the framing inspection with a survey certified by a State
of Oregon registered professional engineer or land surveyor.
(Ord. 95-022 §1, 1995; Ord. 93-002 §10, 1993)
18.96.090. Yard and Setback Requirements.
In an FP Zone, the following yard and setback requirements shall be maintained:
A. The front setback shall be a minimum of 20 feet from a property line fronting on a local street, 30 feet
from a property line fronting on a collector and 50 feet from an arterial.
B. There shall be a minimum side yard of 10 feet for all uses.
C. The minimum rear yard shall be 20 feet.
D. The setback from a north lot line shall meet the solar setback requirements in DCC 18.116.180.
E. The minimum yard setback for a nonfarm use from the property line adjacent to a farm use not owned
by the applicant shall be 100 feet.
F. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 95-075 §1, 1995; Ord. 94-008 §25, 1994; Ord. 88-030 §4, 1988)
18.96.100. Stream Setback.
To permit better light, air, vision, stream and pollution control, to protect fish and wildlife areas and to
preserve the natural scenic amenities along streams and lakes, the following setbacks shall apply:
A. All sewage disposal installations such as septic tanks or septic drain fields shall be setback from the
ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to
the ordinary high water mark. In those cases where practical difficulties preclude the location of the
facilities at a distance of 100 feet, and the County Sanitarian finds that a closer location will not
endanger public health or safety, a setback exception may be permitted to locate these facilities closer to
the stream or lake, but in no case closer than 25 feet.
B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water
mark along all streams or lakes a minimum of 100 feet measured at right angles from the ordinary high
water mark.
(Ord. 91-020 § 1, 1991; Ord. 88-030 § 4, 1988)
18.96.110. Dimensional Standards.
In an FP Zone, the following dimensional standards shall apply:
A. Lot Coverage. The main building and accessory buildings located on any building site or lot shall not
cover in excess of 30 percent of the total lot area.
B. Building Height. No building or structure shall be erected or enlarged to exceed 30 feet in height,
except as allowed under DCC 18.120.040.
C. Minimum lot size shall be 10 acres for all areas which have received an exception to the Statewide
Planning Goals for resource uses. Areas which have not received an exception to the Statewide
Planning Goals shall have a minimum lot size of 80 acres.
(Ord. 92-055 § 8, 1992)
Chapter 18.96 (9/2007) 8
18.96.120. Warning and Disclaimer of Liability.
The degree of flood protection required by DCC Title 18 is considered reasonable for regulatory purposes
and is based upon scientific and engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes. DCC Title 18 shall not create
liability on the part of Deschutes County, any officer, agent or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on DCC Title 18 or any decision lawfully
made hereunder.
(Ord. 88-030 § 4, 1988)
18.96.130 Interpretation of FIRM
Boundaries
The Planning Director shall make interpretations where needed, as to exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions). Such interpretations shall be processed as a development action
pursuant to Chapter 22.16.
(Ord. 2007-019 §2, 2007)
18.96.140. Use Variances.
Use variances or variances to the standards established by DCC 18.96.060 and 18.96.080 shall not be
allowed.
18.96.150, Substantial Damage Recordation.
A. The County may present for recordation in the office of the county clerk a notice of designation of
substantial damage to a residential structure when the residential structure:
1. Has sustained substantial damage, as defined in DCC for the purpose of regulating development in
hazard areas, from flooding; and
2. Has not been brought up into compliance with ordinances regulating development in hazard areas.
B. If a notice of designation of substantial damage has been recorded, the County shall present for
recordation a notice of remedy of substantial damage that declares void the notice of designation of
substantial damage recorded with the County Clerk, when the structure(s) was/were substantially
damaged by flooding has/have been brought into compliance with ordinances regulating development in
hazard areas.
C. For purposes of DCC Chapter 18.96, “substantial damage” is defined as: damage of any origin
sustained by a structure whereby the cost of restoring the structure to its before damaged condition
would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(Ord. 2007-019 §2, 2007; Ord. 88-030 §4, 1988)