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Home My WebLink AboutLivestock Limitation Proposal MEMORANDUM TO: Deschutes County Board of County Commissioners FROM: Matthew Martin, Associate Planner DATE: March 14, 2014 SUBJECT: Rural Residential Domestic Livestock Limitation Project Background Citizen of Deschutes County provided testimony that identified water quality impacts in Southern Deschutes County and nuisance issues in Crooked River Ranch stemming from the improper management of domestic livestock on small rural residential properties. Based on this, the Board of County Commissioners directed the County Planning Division to evaluate and determine if there is a need for establishing land use standards to regulate such uses. On February 13, 2014, the Planning Commission meeting included an introductory panel discussion comprised of representatives from Deschutes Soil and Water Conservation District, the Oregon Department of Agriculture, Oregon State University (OSU) Extension Services, and the South Deschutes/North Klamath Groundwater Protection Project Steering Committee. The panel and subsequent public comments focused on the importance of best management practices and several educational opportunities that are currently available to rural property owners. Of the panelists, the Department of Agriculture acknowledged that they are the only entity that can enforce water quality violations stemming from domestic livestock. At a subsequent work session with the Planning Commission, the Planning Division provided additional information highlighting many of the existing educational resources and regulations that pertain to keeping of livestock that are available to assist the community. Summaries of these resources and regulations are below. Existing Educational Resources There are many educational opportunities available for owners to learn best management practices for the keeping of livestock on small acreage such as manure removal and treatment, animal containment, proper grazing practice, and weed abatement. These include printed materials, workshops, and on site consultations provided by organizations such as Oregon Department of Agriculture, Deschutes Soil and Water Conservation District, and OSU Extension Services. These emphasize the importance of good stewardship of the animals and environment. Existing Regulations There are existing domestic livestock regulations as well as resources for mediation that address several negative impacts associated with poor livestock stewardship: 2 Oregon Department of Agriculture (ODA) - ODA has regulatory authority over agricultural waste that pollutes surface and groundwater quality. Agricultural waste is anything that can cause water pollution including, but not limited to, animal waste and earthen material.1 As stated during the panel discussion, ODA approaches agricultural waste violations by first emphasizing changes in the handling of manure through education and outreach. If however, water quality violations are not rectified, ODA has the authority to enforce a violation.2 County Code Enforcement - The County nuisance and abatement ordinance (DCC 13.36) specifies that “no person shall create or maintain a nuisance on private property.” Solid waste, including manure, is defined as a nuisance. This code provides for enforcement if determined to be an enforceable situation. Code enforcement estimates it receives fewer than 6 calls a year related to the negative impacts of manure such as odor, flies, water pollution and aesthetics. If related to the keeping of livestock in the Rural Residential (RR-10) and Multiple Use Agricultural (MUA-10) zones, these calls are referred, when appropriate, to ODA if impacting waters of the state or the Sheriff’s Office animal control division if related to animal health. County Sheriff’s Office Animal Control - Animal control is responsible for cases involving animal abuse and neglect which can include overcrowding. Central Oregon Mediation – This non-profit organization offers a service to help resolve neighbor disputes free of charge to the parties. The County covers a portion of these services. Civil Court - When it has been determined by the appropriate agencies that enforcement action is not warranted or an option, the complaining party does have the opportunity to bring the matter to civil court. Recommendation Based on existing educational and regulatory programs, the Planning Commission recommended that while there is no need for additional land use regulations, there is an extraordinary opportunity to emphasize the value of the information gathered during this process. Informational resources can be created and distributed to the public highlighting existing educational resources, regulations, and points of contact. The Planning Division has prepared a matrix identifying organizations relating to the keeping of livestock in a rural residential setting. This matrix can serve as a reference and referral guide. In addition, the Planning Division can establish a subpage on the Community Development Department web site that provides a variety of informational resources to better serve interested parties. These resources can include, but not be limited to: The education and enforcement contacts matrix Links to web sites of related organizations The Upper Deschutes Agricultural Water Quality Management Area Plan The Deschutes County Rural Living Handbook Deschutes County Code Chapter 13.36, Nuisances and Abatement 1 Oregon Revised Statute (ORS) 468B.025 https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors468b.html; ORS 568.900 http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors568.html 2 Oregon Administrative Rule 603-90 http://www.oregon.gov/ODA/NRD/docs/pdf/rules/grdrnd_fnlrls.pdf Keeping of Livestock in Rural Residential Setting: Education and Enforcement Resources Organization Resources Contact Information Oregon Department of Agriculture - Agricultural Water Quality Management Program The Oregon Department of Agriculture developed the Upper Deschutes Agricultural Water Quality Management Area Plan and Rules to address water quality and water’s designated beneficial uses in the Upper Deschutes Management Area that must be protected. The goal of the Area Plan is to prevent and control water pollution from commercial and non-commercial agricultural activities and soil erosion through voluntary activities, aided by information, technical and financial assistance. The Area Rules (Oregon Administrative Rules (OARs) 603-095- 3000 through 603-095-3060) contain required conditions to protect water quality. When voluntary approaches do not adequately achieve those conditions, the Oregon Department of Agriculture (ODA) exercises its enforcement authority under OAR 603-090-0060 to 603-090-0120. Ellen Hammond, Water Quality Specialist 541-617-0017 Central Oregon Regional Office 475 NE Bellevue Drive, Ste 110 Bend, OR 97701 ehammond@oda.state.or.us www.oregon.gov/oda http://arcweb.sos.state.or.us/pages/rul es/oars_600/oar_603/603_tofc.html Oregon State University Extension Service OSU Extension Services provides research-based, objective information to help people solve problems, develop leadership, and manage resources wisely. Extension staff offers programs in Pasture & Forage Management and Livestock & Range Management. In addition, Extension staff and over 500 volunteers personally assist Deschutes County residents through meetings, workshops, short courses, tours, publications, and demonstrations at such events as the Living on a Few Acres Conference. Oregon State University Extension Service – Deschutes County 541-548-6088 3893 SW Airport Way Redmond, OR 97756-8697 extension.oregonstate.edu/deschutes Deschutes Soil and Water Conservation District The Soil and Water Conservation District provides local leadership, education, motivation, and assistance to the citizens of Deschutes County for responsible, efficient stewardship of our soil and water resources. The District offers educational materials such as the Deschutes County Rural Living Handbook, manages a Manure Exchange Program, provides presentations, and conduct free site visits that address resource concerns on your property. Tammy Harty, Manager 541-923-2204 x132 625 SE Salmon Ave Redmond, OR 97756 www.deschutesswcd.com Deschutes County Sheriff Animal Control The Sheriff’s Office responds to all animal neglect complaints and conducts on-site investigations. A criminal investigation will be initiated if the animal is thin, emaciated, injured, without food or water, or kept in an area of unmanaged waste. These investigation often result in voluntary compliance after the owner is contacted and educated on the issues. 541-693-6911 63333 W. Highway 20 Bend, OR 97701 www.sheriff.deschutes.org/Community /Animal-Control/ Deschutes County Code Enforcement The Community Development Department administers the Code Enforcement program for Building, Environmental Soils, Land Use and Solid Waste. It consists of two code enforcement technicians and a law enforcement technician from the Office. Code Enforcement assures compliance with Deschutes County's land use, environmental and construction codes, including nuisances. Deschutes County Code Chapter 13.36, Nuisances and Abatement, prohibits the creation or maintenance of a nuisance on private property. As defined, a “nuisance” is solid waste including manure. 541-388-6575 Community Development Department 117 NW Lafayette Avenue Bend, OR 97701 cdd-webmaster@deschutes.org www.deschutes.org/Community- Development/Property-Violations- Code-Enforcement.aspx http://www.deschutes.org/County- Code.aspx?F=chapter+13.36.pdf Central Oregon Mediation, Inc. Central Oregon Mediation is a private, non-profit providing a free service where an impartial third person(s) assists two or more parties to reach a voluntary agreement which resolves a dispute or provides options for the future. The mediators help the parties identify their individual needs and interests, clarify their differences, and find common ground. These services can be utilized for land use and neighbor disputes, including issues resulting from the keeping of livestock. 541-383-0187 1029 NW 14th Street Bend, OR 97701 coordinator@centraloregonmediation. com www.centraloregonmediation.org