HomeMy WebLinkAboutSage Grouse Documentation
SageSage--Grouse ConservationGrouse Conservation
Land Use Assessment and Impact AnalysisLand Use Assessment and Impact Analysis
Peter Gutowsky, Principal Planner, AICP
Community Development Department
117 NW Lafayette Avenue
Bend, Oregon 97701
Main Line: 541-388-6575 Fax: 541-385-1764
www.deschutes.org/cdd
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 2
I. Background ........................................................................................................ 5
U.S. Fish and Wildlife ................................................................................................................... 5
ODFW Sage-Grouse Population Management ....................................................................... 5
Sage-Grouse Core Area and Low Density Habitat ...................................................................... 5
Deschutes County Sage-Grouse Habitat ................................................................................ 5
II. Purpose of the Report ...................................................................................... 8
III. Deschutes County Land Use Planning Program ............................................ 9
Legal Framework ......................................................................................................................... 9
Land Use Planning History ......................................................................................................... 9
IV. Comprehensive Plan and Zoning .................................................................. 10
Overview ..................................................................................................................................... 10
Base Zoning within Sage-Grouse Designated Areas ........................................................... 12
Combining Zones within Sage-Grouse Designated Areas ................................................. 13
V. Existing Habitat Conservation Measures ...................................................... 14
Exclusive Farm Use: Horse-Ridge East Subzone .................................................................. 14
Non-Farm Dwelling Policy ....................................................................................................... 14
Floodplain Zone ......................................................................................................................... 15
Forest Use 1 Zone ................................................................................................................... 15
Open Space and Conservation Zone .................................................................................... 15
Sensitive Bird and Mammal Habitat Combining Zone ....................................................... 15
Wildlife Area Combining Zone ............................................................................................... 19
VI. Built Environment and Development Activity .............................................. 20
Housing Units ............................................................................................................................. 20
Roads and Utilities ..................................................................................................................... 20
Surface Mining Sites ................................................................................................................... 20
Land Use and Building Permit Activity (2003-2013) ........................................................... 23
VII. Impact Analysis ................................................................................................ 25
Risk Assessment ......................................................................................................................... 25
Finding .......................................................................................................................................... 26
Conclusion .................................................................................................................................. 27
List of Figures
Figure 1, Deschutes County, Oregon ....................................................................................... 6
Figure 2, Deschutes County Sage-Grouse Conservation Area .......................................... 6
Figure 3, Federal and Non-federal Lands Affected by ODFW Sage-Grouse Core and
Low Density Habitat ............................................................................................................. 7
Figure 4, Sensitive Bird and Mammal Habitat and Wildlife Area Combining Zones in
Southeastern Deschutes County ...................................................................................... 13
Figure 5, Deschutes County Goal 5 Sage-Grouse Range (1994) ..................................... 17
Figure 6, County Roads in ODFW Sage-Grouse Core and Low Density Habitat ....... 20
Figure 7, Deschutes County Goal 5 Surface Mines Affected by ODFW Sage-Grouse
Core and Low Density Habitat ......................................................................................... 22
List of Tables
Table 1, Total Acreage and Parcels in Deschutes County ..................................................... 6
Table 2, Acres and Parcels in Deschutes County Containing Sage-Grouse Habitat ..... 6
Table 3, Deschutes County Comprehensive Plan and Zoning Designations ................. 11
Table 4, Deschutes County Base Zoning within ODFW’s Core and Low Density
Habitat ................................................................................................................................... 12
Table 5, Deschutes County Combining Zones within ODFW’s Core and Low
Density Habitat .................................................................................................................... 13
Table 6, Conflicting Uses with Goal 5 Sage-Grouse Lek Habitat Sites ........................... 16
Table 7, Program to Meet Goal 5 Sage-Grouse Lek Habitat Sites ................................... 17
Table 8, Summary of Sensitive Bird and Mammal Habitat Combining Zone for Sage -
Grouse ................................................................................................................................... 18
Table 9, Summary of Wildlife Area Combining Zone for Antelope and Deer Winter
Range ..................................................................................................................................... 19
Table 10, Surface Mining Sites in Sage-Grouse Habitat ...................................................... 21
Table 11, Land Use Planning Permits (2003-2013) .............................................................. 23
Table 12, Building Permits (2003-2013) ................................................................................. 23
Table 13, Central Oregon Sage-Grouse Risk Levels ........................................................... 25
Table 14, Recap of Deschutes County’s Conservation Zoning ........................................ 26
3 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Source Documents
1. ODFW, Greater Sage-Grouse Conservation Assessment and Strategy for Oregon: A Plan to
Maintain and Enhance Populations and Habitat. April 22, 2011.
2. ODFW Greater Sage-Grouse Backgrounder. December 6, 2011.
3. DLCD, A Summary of Oregon’s Statewide Planning Goals.
4. Deschutes County Sage-Grouse Conservation Area Index Maps. January 16, 2013.
5. Deschutes County Agricultural Resource Lands Project, Oregon State University Extension
Service. June 1992.
6. Deschutes County Conditional Use Permit 92-169.
7. Deschutes County Ordinance No. 94-004.
8. Deschutes County Code, Chapter 18.90, Sensitive Bird and Mammal Habitat Combining
Zone.
9. Deschutes County Code, Chapter 18.88, Wildlife Area Combining Zone.
10. Sage-Grouse Conservation Objectives Draft Report. Submitted August 1, 2012.
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 4
I. Background
U.S. Fish and Wildlife
In April 2010, the US Fish and Wildlife Service (FWS) determined that protection of the greater sage -grouse
under the federal Endangered Species Act (ESA) was warranted. However, listing the greater sage -grouse
was precluded at this time by the need to address other listings facing greater risk of extinction. The sage -
grouse is now a candidate species for listing. More than any native species since the spotted owl, the sage-
grouse sparks direct conflict with traditional industries and emerging, large-scale renewable energy projects,
from livestock grazing to the construction of wind turbines and power lines. The status of the sage-grouse,
both biologically and legally, is important to the state of Oregon because so much of Central and Eastern
Oregon consists of sage-grouse habitat. If sage-grouse is protected as a threatened or endangered species,
federal agencies will be required to consult with FWS on projects and approvals that may affect it. “Taking” a
sage-grouse will be illegal, and the FWS will be required to designate “critical habitat,” resulting in further
restrictions upon activities in those areas. The FWS will begin reviewing the status of sage-grouse in 2014, a
final determination of whether to list the species will be released in 2015.
ODFW Sage-Grouse Population Management
The Oregon Department of Fish and Wildlife (ODFW) is the lead state agency managing sage-grouse. In
2005, a multi-stakeholder group (including federal, state and private agencies) developed, The Greater Sage-
Grouse Conservation Assessment and Strategy for Oregon (Strategy) to help manage sage-grouse populations in
Oregon. It was adopted by the Oregon Fish and Wildlife Commission in April 2011. It describes ODFW’s
management of greater sage-grouse and provides guidance to public land management agencies and land
managers for sage-grouse conservation. Conservation actions are encouraged on private lands. ODFW’s
overall goal is to maintain or enhance sage-grouse abundance and distribution at the 2003 spring breeding
population level, approximately 30,000 birds over the next 50 years.1
Sage-Grouse Core Area and Low Density Habitat
The Strategy identifies and maps Core Areas of habitat that are essential to sage -grouse conservation.2
According to ODFW, the maps and data provide a tool for planning and identifying appropriate mitigation in
the event of human development in sage-grouse habitats. Core Areas represent a proactive attempt to
identify a set of conservation targets to maintain a viable and connected set of populations before the
opportunity to do so is lost. These areas should be targeted for conservation actions or protections when
large scale disturbances are proposed. Alternatively, the Low Density habitats may assist in identifying areas
where impacts to sage-grouse populations can be less of a risk, or opportunities exist to mitigate for lost
habitat.3
Deschutes County Sage-Grouse Habitat
As shown in Figures 1 and 2, sage-grouse habitat in Deschutes County is located in the southeast, near
Millican, Brothers, and Hampton.
1. Source Document 1. ODFW, Greater Sage-Grouse Conservation Assessment and Strategy for Oregon: A Plan to Maintain and Enhance Populations
and Habitat. April 22, 2011. Pages x and 34.
2. Ibid., Page x.
3. Deschutes County found that the ODFW Sage-Grouse Core Area and Low Density GIS data are not very exact. In every occurrence when
a Core Area has a coincident boundary with a Low Density, the GIS data either overlaps or contains a gap by up to 40 feet. ODFW
recommended the overlapping areas fall under the Core Area designation.
5 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
ODFW’s management recommendations for the U.S. Bureau of Land Management (BLM) Prineville District,
which include the affected portions of Deschutes County shown in Figure 2, are:
Restore greater sage-grouse abundance and distribution near the 1980 spring breeding population level,
approximately 3,000 birds.4
According to the Strategy, because the Prineville District is at the northern edge of sage-grouse range,
connectivity in this region is important. The primary habitat block where sage -grouse occur is contiguous
with the area shared by the Lakeview and Burns districts. Table 1 lists the total number of federal and non -
federal parcels and their respective acreages in Deschutes County. Seventy-six percent of Deschutes
County’s land base is managed by the federal government. As shown in Table 2, 437,987 acres are designed
Core Area and Low Density habitat. This constitutes 23% of the total acreage in Deschutes County.
Disaggregating the acreage further, 22% of the federal lands and 26% of non-federal lands in Deschutes
County are designated in sage-grouse habitat. Seventy-two percent of the habitat is located on federal lands
and 28% on non-federal lands. Parcel data shows that the federal government is also the most affected.
Thirty-nine percent of the federal government’s total parcels in Deschutes County are designated in sage-
grouse habitat, compared to 1% of non-federal lands. Figure 3 shows the region in greater detail by depicting
federal and non-federal lands within Core Area and Low Density habitat.
Figure 2 Figure 1
4. See note 1. Page 39.
5. Non-federal lands in Deschutes County contain state, county, city owned and special district properties.
6. Several parcels contain Core Area and Low Density habitat
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 6
Table 1 - Total Acreage and Parcels in Deschutes County
Federal Lands Non-federal Lands5 Total
Acreage
Number 1,446,395 466,506 1,912,901
Percent 76% 24% 100%
Parcels
Number 615 95,569 96,1874
Percent 1% 99% 100%
Table 2 - Acreage and Parcels in Deschutes County Containing Sage-Grouse Habitat
Core Area Low Density Total Percent Habitat (Core and Low D.)
Federal Lands Non-Federal Lands Federal Lands Non-Federal Lands Federal Lands Non-Federal Lands
Acres 182,482 66,723 132,946 55,836 437,987 72% 28%
Parcels6 114 402 125 464 1,105 22% 78%
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7 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
II. Purpose of the Report
Over the last two years, the Governor’s Office, Natural Resource Conservation Service (NRCS) and the
BLM have been convening meetings in response to the “Warranted but Precluded” sage -grouse listing status
in order to share information about the needs and issues related to habitat conservation across Central and
Eastern Oregon. The Governor’s office created an Oregon Sage-Grouse Conservation Partnership (Sage
Con) to coordinate federal, state, and local efforts (current and projected) to address the multiple threats to
sage-grouse across the Central and Eastern Oregon sagebrush landscape in anticipation of the FWS review of
the bird’s “Warranted But Precluded” status under the federal ESA. Sage Con is now developing an “all lands,
all threats” approach to sage-grouse conservation to meet that challenge while providing a model for a
sustainable future for central and eastern Oregon communities. Four working groups have been formed:
Habitat Fragmentation Work Group addresses habitat fragmentation related to energy generation,
transmission lines, mining and other types of development associated with infrastructure on rural lands.
Fire and Invasives Work Group addresses threats from fire and invasives as well as activities
associated with grazing and agriculture.
Mitigation Work Group addresses potential opportunities to protect sage-grouse that offset land
development and management activities.
Technical Work Group provides technical support.
According to ODFW and FWS, the primary threats to sage-grouse across its range are:
Habitat loss and fragmentation, including wildfire;
Invasive plants;
Energy development;
Urbanization;
Agricultural conversion and unmanaged grazing;
Infrastructure; and
Climate change.7
Deschutes County, as a member of the Habitat Fragmentation Work Group is performing a baseline
assessment and an impact analysis to characterize the level of disturbance associated with development in
sage-grouse designated habitat subject to its permitting authority. Land use and building permits issued from
2003-2013 are examined.8 After completing its assessment, which includes an evaluation of the area’s
comprehensive plan, zoning, wildlife conservation measures, population, and 10 year development history in
Core Area and Low Density habitat, Deschutes County analyzes whether this pattern poses a risk to it.
Activities taking place on sage-grouse habitat located on public lands managed by the BLM and U.S. Forest
Service (FS) are subject to their own federal resource and land use management plans and are therefore,
exempt from local review. However, both agencies are conducting an environmental analysis and preparing a
draft and final programmatic Environmental Impact Statement (EIS) for amendment of federal land use plans
to incorporate conservation measures for the Greater sage-grouse in Central and Eastern Oregon.
Deschutes County is participating as a cooperating agency with Oregon BLM in their Strategy. The BLM aims
to incorporate objectives and conservation measures into their land use plans by September 2014 in order
to provide adequate regulatory mechanisms to conserve sage-grouse and their habitat. Deschutes County
will provide a final version of the baseline assessment and impact analysis to the BLM in Fall 2013 so it can be
formally considered with their draft EIS.
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 8
7. Source Document 2. ODFW Greater Sage-Grouse Backgrounder. December 6, 2011. Page 1. Also see note 1. Pages 40-48. A similar FWS
reference is found at: http://www.fws.gov/mountain-prairie/species/birds/sagegrouse/03052010Q&A.pdf. Pages 5-7.
8. See note 1. Page ix. Oregon sage-grouse numbers apparently have declined over the long-term (1957-2003).
Legal Framework
In 1973 the Oregon Legislature adopted a statewide planning system that draws a bright line
between urban and rural land uses, channeling growth and infrastructure into urban areas
while protecting farm and forest lands. Public outreach around the state led to the adoption
of 19 Statewide Planning Goals (Statewide Goals).9 These Statewide Goals are implemented
through local governments’ adopted comprehensive plans. Local comprehensive plans are
reviewed for compliance with the Statewide Goals by the Oregon Land Conservation and
Development Commission (LCDC), a seven-member committee appointed by the Governor and staffed by
the Department of Land Conservation and Development (DLCD). The comprehensive plans are, in turn,
implemented through zoning, land division ordinances and other planning techniques. The majority of the
Statewide Goals are written broadly, with specific regulations cited either in Oregon Revised Statute (ORS)
or Oregon Administrative Rule (OAR). LCDC adopts OARs which clarify and implement the Statewide
Goals. Over time, the rules, regulations and case law defining them have become more detailed and complex.
Nonetheless, they are a significant factor in determining the elements of a comprehensive plan.
Land Use Planning History
The purpose of a comprehensive plan is to provide a blueprint for land use conservation
and development. This is accomplished through goals and policies that tell a cohesive
story of where and how development should occur. A comprehensive plan provides a
consistent policy framework for more specific land use actions and regulations such as
zoning. Goals and policies are based on existing conditions and trends, population
projections and community values. In Oregon, comprehensive plans must comply with
the statewide planning system, which as noted above, was adopted in 1973 to ensure
consistent and proactive land use policies across the state. While compliance with the statewide system is
required, it is also important for a comprehensive plan to reflect local issues and interests. In Deschutes
County, the Comprehensive Plan provides a policy framework for the rural, unincorporated areas. The cities
of Bend, La Pine, Redmond and Sisters each maintain their own comprehensive plans within their respective
Urban Growth Boundaries (UGB). Intergovernmental agreements between the cities and Deschutes County
coordinate land use within urban unincorporated boundaries.
Deschutes County’s first comprehensive plan, Comprehensive Plan to 1990, was
adopted in 1970. To comply with newly adopted statewide planning regulations a
new plan was adopted in 1979, titled, Year 2000 Comprehensive Plan (Plan 2000). In
1981, Plan 2000 was acknowledged as being in compliance with the Statewide
Goals. Along with Plan 2000, the County adopted a Resource Element. It contained
valuable background information, including maps depicting the long-term general
land use categories for all lands in the county. Over time the County amended Plan 2000 to comply with
changes initiated by LCDC, the Board of County Commissioners and property owners through Post
Acknowledgement Plan Amendments (PAPAs). Periodic Review, a mandatory plan update process required by
DLCD was initiated in 1988 and completed in 2003. Periodic Review included major additions and
amendments to Plan 2000 to keep the plan and its policies current with evolving land use law and local
conditions. Plan 2000 was codified into Title 23 of the Deschutes County Code (DCC). Responding to rapid
growth and changing demographics, in 2011, the Board of County Commissioners completed a multi-year
effort to establish the 2030 Comp Plan Update (Plan 2030). This new plan incorporates updated goals and
policies, community plans for Tumalo and Terrebonne, and new projects like the South County Plan,
destination resort remapping, a 2030 Transportation System Plan, and a South County Local Wetland
Inventory. Plan 2030 continues to balance statewide requirements and local land use values.
III. Deschutes County Land Use Planning Program
9. Source Document 3. DLCD, A Summary of Oregon’s Statewide Planning Goals.
9 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Overview
Local comprehensive plans govern land use regulations. On rural lands, growth is significantly restricted to
protect farms, forests and natural resources. Deschutes County is required to plan in compliance with the
Statewide Goals in order to promote orderly and efficient growth and protect resources important to
Oregonians. The Comprehensive Plan Map (Plan Map) illustrates the County’s goals and policies. The Plan
Map describes land use categories that provide for various types of conservation and development for the
rural area during a 20-year planning period. Each Comprehensive Plan designation provides the land use
framework for establishing zoning districts.10 The Plan map designations are defined below.
Agriculture: Preserves and maintains agricultural lands for farm use.
Airport Development: Allows development compatible with airport uses while mitigating impacts on
surrounding lands.
Bend Urban Area Reserve: Define lands outside of Bend’s Urban Growth Boundary but within its General Plan
area that are expected to be brought into its UGB.
Destination Resort Eligibility Areas: Shows lands eligible for siting a destination resort.
Forest: Conserves forest lands for multiple forest uses.
Open Space and Conservation: Protects natural and scenic open spaces, including areas with fragile, unusual or
unique qualities.
Redmond Urban Reserve Area: Defines Redmond’s additional 30-year growth boundary for lands expected to
be brought into its UGB.
Resort Community: Defines rural areas with existing resort development that are not classified as a destination
resort, based on OAR 660, Division 22.
Rural Commercial: Defines existing areas of isolated rural commercial development that do not fit under OAR
660, Division 22.
Rural Community: Defines rural areas with limited existing urban-style development, based on OAR 660,
Division 22.
Rural Industrial: Defines existing areas of isolated rural industrial development that do not fit under OAR 660,
Division 22.
Rural Service Center: Defines rural areas with minimal commercial development as well as some residential
uses, based on OAR 660, Division 22.
Surface Mining: Balances protection of surface mines while minimizing adverse impacts on the natural
environment.
Urban Growth Boundaries: Defines land that provides for urban development needs and identifies and
separates urban and urbanizable land from rural land.
Urban Unincorporated Community: Defines rural areas with existing urban development, based on OAR 660,
Division 22.
IV. Comprehensive Plan and Zoning
10. The Deschutes County zoning map exists in official replica form as an electronic map layer with the County’s geographic information system.
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 10
Table 3 - Deschutes County Comprehensive Plan and Zoning Designations
Comprehensive Plan Designation Associated Zoning Districts
County-wide designations
Agriculture Title 18, Chapter18.16 - Exclusive Farm Use Zones
Airport Development Title 18, Chapters18.76 and 18.80 - Airport
Development and Airport Safety Combining Zones
Destination Resort Eligibility Areas Title 18, Chapter 18.113 - Destination Resorts Zone
Forest Title 18, Chapters18.36 and 40 - Forest Use 1 and
Forest Use 2 Zones
Open Space and Conservation Title 18, Chapters 18.48 and 18.84 - Open Space and
Conservation and Landscape Management Zones
Rural Residential Exception Area Title 18, Chapter 18.60 and 18.332 - Rural Residential
and Multiple Use Agriculture Zones
Surface Mining (SM) Title 18, Chapters 18.52 and 18.56 - Surface Mining and
Surface Mining Impact Area Combining Zones
Area specific designations
Bend Urban Growth Area Title 19, Bend Urban Growth Boundary Ordinance
Redmond Urban Growth Area Title 20, Redmond Urban Area Zoning Ordinance
Redmond Urban Reserve Area (URA) Chapter 18.24 - Redmond Urban Reserve Area
Combining Zone
Resort Community Chapter 18.110 - Resort Community Zone (Black Butte
Ranch and Inn of the 7th Mountain/Widgi Creek)
Rural Commercial Chapter 18.74 - Rural Commercial Zone
Rural Community Chapters 18.66 and 18.67 - Tumalo and Terrebonne
Rural Community Zoning Districts
Rural Industrial Chapter 18.100 - Rural Industrial Zone
Rural Service Center (RSC)
Chapter 18.65 - Rural Service Center, Unincorporated
Community Zone (Alfalfa, Brothers, Hampton, Millican,
Whistlestop, Wildhunt)
Sisters Urban Growth Area Title 21, Sisters Urban Area Zoning Ordinance
Urban Unincorporated Community Chapter 18.108 - Urban Unincorporated Community
Zone, Sunriver
Source: County Geographical Information System and Deschutes County Code
Table 3 lists Deschutes County’s Comprehensive Plan designations and related zoning districts in DCC,
Titles 18, 19, 20, and 21. Some Plan designations apply county-wide, others only to designated areas of
existing development.
11 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Base Zoning within Sage-Grouse Designated Areas
To systematically assess Core Area and Low Density habitats in Deschutes County, staff developed a map
series consisting of the following:
An overview map of Deschutes County;
An Index map dividing the sage-grouse designated areas into 13 sub-areas; and
Customized sub-area maps displaying federal and non-federal lands, base zoning, and combining zones.11
Table 4 summarizes in acres and parcels, County zoning within ODFW’s Core Area and Low Density habitat
on federal and non federal land. It is important to note that some parcels overlap both habitat designations.
11. Source Document 4. Deschutes County Sage-Grouse Conservation Area Index Map. February 28, 2013.
Table 4 - Deschutes County Base Zoning within ODFW’s Core and Low Density Habitat
Core Area Low Density
Total Acres
Percent in
Sage-Grouse
Habitat Federal Lands Non-federal Lands Federal Lands Non-federal lands
Exclusive Farm Use, Horse-Ridge Subzone
Acres 165,974 64,412 113,551 43,659 387,596 88%
Parcels 113 397 121 462
Flood Plain Zone
Acres 1,124 329 646 380 2,479 0.6
Parcels 20 11 25 48
Forest Use 1 Zone
Acres 13,174 40 16,418 9,568 39,200 9%
Parcels 2 1 20 7
Open Space and Conservation Zone
Acres 2,202 1735 2,278 0 6,215 1%
Parcels 13 12 4 0
Rural Service Center, Commercial/Mixed Use District (Brothers and Millican)
Acres 0 38 0 26 64 0.015%
Parcels 0 6 0 3
Rural Service Center, Open Space District (Brothers and Millican)
Acres 0 10 0 0 10 0.002%
Parcels 0 1 0 0
Surface Mining
Acres 0 167 53 2,203 2,423 0.6%
Parcels 0 17 2 26
Total 437,987 100%
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 12
Table 5 - Deschutes County Combining Zones within ODFW’s Core and Low Density Habitat
Core Area Low Density Total Federal Non-federal Federal Non-federal
Sensitive Bird and Mammal Habitat Combining Zone (Sage-Grouse Leks)
Acres 12 139 862 225 1,238
Parcels 3 3 6 6
Wildlife Area Combining Zone (North Paulina Antelope Range)
Acres 181,535 62,155 89,837 39,360 372,887
Parcels 114 388 98 426
Wildlife Area Combining Zone (North Paulina Deer Winter Range)
Acres 32,376 992 59,767 22,914 116,049
Parcels 12 10 60 149
Combining Zones within Sage-Grouse Designated Areas
In 1992, during Periodic Review, the County was required to review and update its Comprehensive Plan and
implementing ordinances to address fish and wildlife resources. Deschutes County updated its inventories,
policies and land use regulations within its Sensitive Bird and Mammal Habitat and Wildlife Area combining
zones to protect sage-grouse, antelope, and deer winter ranges, among others.12 These three habitat types
encompass 96% (117,914 acres) of ODFW’s Core Area and Low Density designations on non-federal lands.
The remaining 4% (4,645 acres) is zoned Exclusive Farm Use. Table 5 summarizes in acres and parcels how
the County’s two combining zones intersect them. Figure 4 shows sage-grouse, antelope, and deer winter
ranges recognized in its Comprehensive Plan specifically for the southeast portion of the county.
12. Ordinance Nos. 92-040, 92-041,92-042, 92-046, 93-043, 94-004, 94-005, and 94-021 pertain specifically to sage-grouse.
Figure 4 - Sensitive Bird and Mammal Habitat and Wildlife Area Combining Zones in Southeastern Deschutes
County
13 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
V. Existing Habitat Conservation Measures
Exclusive Farm Use: Horse-Ridge East Subzone
As demonstrated on Table 4, the Exclusive Farm Use (EFU) Horse Ridge Subzone intersects ODFW’s Core
Area and Low Density habitats. In 1992 a commercial farm study was completed as part of the Periodic
Review process. The study concluded that irrigation is the controlling variable for defining farm lands in
Deschutes County. Soil classifications improve when water is available. Seven new agricultural subzones were
identified based on the factual data provided in the 1992 study. Minimum acreages were defined based on the
typical number of irrigated acres used by commercial farms in that particular subzone with one exception.
The Horse-Ridge East Subzone contained 20 ownership tracts with the median consisting of 2,100 acres. The
report noted the following:
“Since there is virtually no demand for land partitions or dwelling units in this subzone, it would achieve
the overall objectives of the farmland plan to leave the minimum parcel size at the current 320-acre
size.” 13
DCC, Chapter 18.16 implements the EFU zone. There are 859 parcels, consisting of 108,071 acres of non-
federal land in the Horse-Ridge East Subzone affected by sage-grouse habitat. Three hundred and ninety-
seven EFU parcels are located in Core Area and 462 in Low Density. The minimum parcel size for a land
division is 320 acres (DCC 18.16.065).
Non-Farm Dwelling Policy
Creating new lots in the EFU Horse-Ridge Subzone as noted above is significantly limited by the 320 acre
minimum parcel size. The potential for new dwellings in this subzone are predominantly non-farm dwellings
on existing lots stemming from several pre1970 unplatted subdivisions sold to uninformed buyers. Approval
for a non-farm dwelling usually turns on three key factors:
1. Legal Lot of Record. There are many small, unrecorded subdivisions in the EFU-Horse Ridge Subzone
that are undeveloped. Some, but not all are legal lots of record based on historic deeds.
2. Access. Many parcels do not have legal access.
3. Wildlife Area Combining Zone. Most of these properties are subject to a Wildlife Area Combining Zone
that limits new dwellings to within 300 feet of a historic road. Many do not adjoin one.
These requirements currently curtail non-farm dwelling development. Additionally, a 1992 finding by the
Board of County Commissioners (Board) denying a conditional use permit has effectively prohibited new non
-farm dwellings in this region. The Board found in Conditional Use Permit 92-169:
“That the overall land use pattern of the area of review is resource lands, primarily as antelope range,
sage grouse range and open grazing for cattle. For this reason, the Board finds that the proposed non -
farm dwelling would constitute the introduction of an incompatible use to an area where now none
exist. Approval of the proposed dwelling could serve to set a precedent for future non -farm dwellings
and, thus, tip the balance from resource to nonresource use. Therefore, the Board finds that approval of
this nonfarm dwelling would alter the stability of the overall land use pattern of the area by increasing
density and causing compatibility problems, as well as set a precedent for similarly situated parcels.” 14
13. Source Document 5. Deschutes County Agricultural Resource Lands Project, Oregon State University Extension Service. June 1992. Page 51.
14. Source Document 6. Deschutes County Conditional Use Permit 92-169. Pages 6 and 7.
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 14
In 2007, a Hearings Officer summarized its effect by finding the County established a policy that any nonfarm
dwelling application in the Millican area will not meet the approval criteria because such approval would
force a significant change or significantly increase the cost of accepted farming practices in the area because
of the precedent such an approval is perceived to set for the area.15 To date, the Board has not issued a
decision reversing it.
Flood Plain Zone
Special flood hazard are identified by the Federal Insurance Administration in a scientific and engineering
report titled, "Flood Insurance Study for Deschutes County, Oregon and Incorporated Areas." Its effective
date is September 28, 2007. Within the Core Area and Low Density habitats, the Federal Emergency
Management Agency (FEMA) has mapped floodplains associated with features such as portions of the Dry
River, Fehrenbacker Reservoir, as well as approximately 20 other unnamed depressions. FEMA designates
them as a Special Flood Hazard Area subject to inundation by a 1% annual chance of a flood. Deschutes
County’s Flood Plain Zone includes all areas designated as Special Flood Hazard Areas.16 Structures in these
locations require a conditional use permit. In this region, there are 59 parcels, consisting of 709 acres of non-
federal land in the flood plain. Of these, 11 parcels are located in Core Area and 48 in Low Density.
Forest Use Zone
In 1990, LCDC initiated the Forest Rule, OAR 660-006, defining allowed uses, siting conditions, and
minimum lot sizes in forest zones. As part of Periodic Review, in 1992 Deschutes County adopted Ordinance
No. 92-025 and revised its forest designations and associated regulations to Forest Use 1 (F1) and Forest
Use 2 zones. The F1 zone intersects ODFW’s Core Area and Low Density habitats. DCC, Chapter 18.36
implements the F1 zone. There are 8 parcels, consisting of 9,608 acres of non-federal land in the F1 zone
within these designations. One F1 parcel is located in Core Area and 7 in Low Density. The minimum parcel
size for a land division is 80 acres (DCC 18.36.090).
Open Space and Conservation Zone
Deschutes County Year 2000 Comprehensive Plan (Plan 2000) contained a list of open spaces and areas of
special concern, the majority of which were in federal or state control. As part of Periodic Review, in 1992
Deschutes adopted Ordinance No. 92-052 and updated this inventory. The Open Space and Conservation
Zone (OSC) intersects ODFW’s Core Area and Low Density habitats. DCC Chapter 18.48 implements the
OSC zone. There are 12 parcels, consisting of 1,735 acres of non-federal land in the OSC zone within these
designations. All twelve OSC parcels are located in Core Area. The minimum parcel size for a land division
is 80 acres (DCC 18.48.040).
Sensitive Bird and Mammal Habitat Combining Zone
In 1993, state biologists released, The Oregon Department of Fish and Wildlife Research Report, Sage Grouse in
Oregon. It listed the population of adult sage-grouse in Deschutes County at 775. It also cited BLM estimates
of 275 adult birds. ODFW conducted field work to obtain accurate inventory information on the precise
location of sage-grouse leks. A total of 22 leks were identified, 14 on federal lands and 8 on non-federal
lands.17 They identified a radius of 1,320 feet (1/4 mile) around a lek as a sensitive habitat area where
conflicting uses with the habitat or strutting birds should be regulated.18 Based on these recommendations,
Deschutes County adopted Ordinance No. 94-004 on June 17, 1994. This ordinance revised a Sensitive Bird
and Mammal Habitat Combining Zone and inventory, first adopted in 1992, by containing inventories of sage -
grouse leks on federal and non-federal land. The ordinance contained site specific economic, social,
environmental and energy consequence analysis (ESEE) for the sage-grouse inventoried sites on non-federal
land. According to ODFW:
15 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
15. CU-97-93. Page 14.
16. DCC 19.96.020, Flood Plain Zone. Designated Areas.
17. Source Document 7. Deschutes County Ordinance No. 94-004. Exhibit 4. Pages 5 and 6.
18. Ibid. Exhibit 4. Page 4.
Conflicts with sage grouse habitat are reduced by the limitations on uses in exclusive farm use and flood
plain zone, by the 320 acre minimum lot size, and by the predominance of Bureau of Land
Management land through out their range. However, because of their sensitivity and importance, the
sage grouse leks or strutting grounds need additional protection. Uses conflicting with the leks are
activities or development which would disturb birds during the breeding season, disturb or occupy the
ground in the lek area which could displace the birds, or destroy the vegetation within the sensitive
habitat area the birds use for roosting and cover. These activities could include road construction
activity, structural development and associated use of structures within 1,320 feet of the lek.
For each of the 8 leks located on non-federal lands, the ESEE analysis discusses site characteristics, affected
tax lot, zoning, area the birds use for display, and conflicting uses. Table 6 lists the conflicting uses for each
lek site. Figure 5 shows the lek location and its 1,320 foot radius in relation to non -federal lands. There are
9 parcels, consisting of 364 acres of non-federal lands in sage-grouse habitat designated by Ordinance No. 94
-004. Of these, 3 parcels are located in Core Area and 6 in Low Density.
Table 6 - Conflicting Uses with Goal 5 Sage-Grouse Lek Habitat Sites
ODFW Site # Zone Permitted Use Conditional Use
Exclusive
Farm Use
Farm Use
Exploration for Minerals
Some road Construction
Single Family Dwelling; Residential homes;
Private Park, Campground; Personal Airstrip;
Home Occupation; Process Forest Products;
Solid Waste Disposal Site; Storage, Crushing,
Processing of Aggregate; Church or School;
Certain Road Projects; Bed and Breakfast DE 0994-01 (Circle Reservoir)
Floodplain
Farm Use (no structure)
Forest Management
Open Space
Road or Bridge; Single Family Dwelling;
Agricultural Accessory Buildings; Recreation
Uses
DE 0995-01 (Merril Road)
DE 0996-01 (Dickerson Well)
DE 0997-01 (Moffit Ranch)
DE 0997-02 (Moffit Ranch Satellite)
DE 0998-01 (Evans Well)
DE 0998-02 (Evans Well Satellite)
Exclusive
Farm Use
Farm Use
Exploration for Minerals
Some road Construction
Single Family Dwelling; Residential homes;
Private Park, Campground; Personal Airstrip;
Home Occupation; Process Forest Products;
Solid Waste Disposal Site; Storage, Crushing,
Processing of Aggregate; Church or School;
Certain Road Projects; Bed and Breakfast
DE 0999-01 (Millican Pit)
Exclusive
Farm Use
Farm Use
Exploration for Minerals
Some road Construction
Single Family Dwelling; Residential homes
Private Park, Campground; Personal Airstrip;
Home Occupation; Process Forest Products;
Solid Waste Disposal Site; Storage, Crushing,
Processing of Aggregate; Church or School;
Certain Road Projects; Bed and Breakfast
Floodplain
Farm Use (no structure)
Forest Management
Open Space
Road or Bridge; Single Family Dwelling;
Agricultural Accessory Buildings; Recreation
Uses
Surface
Mining
Subject to Site Plan
Geothermal Exploration; Crushing
Batching, Asphalt, Concrete
Extraction of Minerals
Storage of Minerals
Screening, Washing,
Structures Necessary for
Extraction, Storage
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 16
Table 7 describes Deschutes County’s restrictions for protecting leks and their sensitive habitat areas, while
allowing limited conflicting uses. DCC Chapter 18.90, Sensitive Bird and Mammal Habitat Combining Zone
implements the provisions in Table 7. It defines the Sensitive Habitat Area as 1,320 feet (DCC 18.90.20), site
plan review requirements (DCC 18.90.050), and Site Plan Review Criteria (DCC 18.90.060).19 Table 8
summarizes the code in more detail.
Table 7 - Program to Meet Goal 5 Sage-Grouse Lek Habitat Sites
ODFW Site # Program
DE 0994-01 (Circle Reservoir)
DE 0995-01 (Merril Road)
DE 0996-01 (Dickerson Well)
DE 0997-01 (Moffit Ranch)
DE 0997-02 (Moffit Ranch Satellite)
In order to protect both the lek and the sensitive habitat area and allow limited conflicting
uses, the following restrictions shall apply:
1. Site plan review under the Sensitive Bird and Mammal Habitat Combining Zone shall be
required for all land use within the sensitive habitat area requiring a conditional use
permit.
2. Structural development within the quarter mile sensitive habitat area shall be prohibited
because there are alternative locations for structures outside of the sensitive area.
3. Partitions creating a residential building site within the sensitive habitat area shall be
prohibited.
* In addition, the BLM is working with private property owners to develop grazing
management to minimize grazing conflict with the lek site.
DE 0998-01 (Evans Well)
DE 0998-02 (Evans Well Satellite)
Includes the program elements listed above, plus:
4. Existing structures may be repaired and maintained.
DE 0999-01 (Millican Pit)
Includes the program elements listed above, plus:
4. The amended ESEE analysis for the surface mine (Site #494) identifies the lek as a
conflicting use and requires consultation with ODFW prior to operation or expansion
of the site to determine what specific requirements are necessary to protect the lek
from surface mining conflicts.
19. Source Document 8. DCC Chapter 18.90, Sensitive Bird and Mammal Habitat Combining Zone
17 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Figure 5 - Deschutes County Goal 5 Sage-Grouse Range
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 18
Table 8 - Summary of Sensitive Bird and Mammal Habitat Combining Zone for Sage -Grouse
Code Sage-Grouse Habitat Overview
DCC 18.90.020
(Definition of Sensitive Habitat
Area)
A. The sensitive habitat area is the area identified in the Deschutes County
Comprehensive Plan Resource Element inventory and site specific ESEE for each
sensitive bird or mammal site.
1. Within a radius of 1,320 feet of a sage-grouse lek.
DCC 18.90.030
(Limitations and Uses Permitted)
B. When there is a conflict between the site specific ESSE analysis and the provisions of
DCC Title 18 (County Zoning), the site-specific ESEE analysis shall control.
DCC 18.90.040
(Applicability)
Review under DCC 18.90 shall be trigged by the following proposals occurring within a
sensitive habitat area, as defined in DCC 18.90.020:
A. An application for a building permit for a new structure or addition to an existing
structure;
B. Land divisions creating new lots or parcels within the sensitive habitat area;
C. An application for a conditional use permit; or
D. An application for site plan approval.
DCC 18.90.050
(Site Plan Review Requirement)
A. For those proposals identified in DCC 18.90.040 to be sited within an inventoried
sensitive habitat area, as defined under DCC 18.90.020, a site plan shall be prepared in
accordance with the requirements of DCC 18.90.050.
C. The County shall submit a copy of the site plan to the Oregon Department of Fish and
Wildlife for comment. ODFW shall have 20 days from the date the site plan is mailed
to submit written comments to the County.
D. Based upon the record, and evaluation of the proposal based on the criteria in DCC
18.90.060, and conformance with the ESEE analysis for the site contained in the
Resource Element of the Comprehensive Plan, the County shall approve or reject the
site plan.
DCC 18.90.060
(Site Plan Review Criteria)
Approval of site plan shall be based on the following criteria:
A. The site plan shall consider the biology of the identified sensitive species, nesting trees,
critical nesting periods, roosting sites and buffer areas. Based on the biology of the
species and the characteristics of the site, the site plan shall provide protection that will
prevent destruction of the subject nesting site, lek, hibernation site or rookery and will,
to a reasonable certainty, avoid causing the site to be abandoned.
B. Development activities, including grading and fill, mining, construction, or activities
generating noise or dust within the sensitive habitat area shall be prohibited during the
nesting, strutting or hibernation season identified in the site specific ESEE analysis and
decision for each habitat site. An exception to this standard may be made if ODFW
determines in writing that the nest, lek or rookery is not active and will not become
active during the proposed construction period or if the sensitive birds have fledged.
C. New roads, driveways or public trails shall be located at the greatest distance possible
from the nest, lek, rookery or hibernation site unless topographic or vegetation or
structural features will provide greater visual and/or noise buffer.
D. Existing vegetation or other landscape features which are located on the subject
property and which obscure the view of the nest, rookery, lek or hibernation site from
the proposed development, shall be preserved and maintained. A restrictive covenant
to preserve vegetation shall be required when specified in the ESEE for the site.
E. No partitions or subdivisions shall be permitted which would force location of a
dwelling or other structure, not otherwise permitted by the site specific ESEE, within
the designated sensitive habitat area.
F. All exterior lighting, including security lighting shall be sited and shielded so that the
light is directed downward and does not shine on the subject nest, rookery, lek or
hibernation site.
G. The site plan shall conform with the requirements of the ESEE decision for the sage -
grouse habitat contained in the Resource Element of the Comprehensive plan.
Wildlife Area Combining Zone
During Periodic Review, Deschutes County worked with ODFW to obtain the most recent inventory
information on wildlife resources in the county. In 1998, the Board adopted Ordinance Nos. 92 -040, 92-041,
and 92-046. These ordinances updated the Wildlife Area Combining Zone, inventory and ESEE Analysis. Two
wildlife resources, North Paulina antelope and deer winter ranges overlap the Core Area and Low Density
habitats. There are 814 parcels, consisting of 101,515 acres of non-federal land in antelope range. Of these,
388 parcels are located in Core Area and 426 in Low Density. There are 159 parcels, consisting of 23,906
acres of non-federal land in deer winter range. Of these, 10 parcels are located in Core Area and 149 in Low
Density. Table 9 summarizes the Wildlife Area Combining Zone requirements for both habitat types.20
19 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
20. Source Document 9. DCC Chapter 18.88, Wildlife Area Combining Zone
Table 9 - Summary of Wildlife Area Combining Zone for Antelope and Deer Winter Range
Code Overview
DCC 18.88.040
(Use Permitted Outright)
A. All “permitted uses” require a conditional use permit.
B. Following uses are not permitted in WA Zone designated as antelope and deer winter
ranges: golf course, commercial dog kennel, church, school, bed and breakfast inn, dude
ranch, playground recreational facility, timeshare, and veterinary clinic.
DCC 18.88.050
(Dimensional Standards)
A. In deer winter range, minimum lot size shall be 40 acres.
C. In antelope range, minimum lot size shall be 320 acres.
DCC 18.88.060
(Siting Standards)
B. The footprint, including decks and porches, for new dwellings shall be located entirely
within 300 feet of public roads, private roads or recorded easements for vehicular
access existing as of August 5, 1992.
DCC 18.88.070
(Fence Standards)
A. New fences in the Wildlife Area Combining Zone shall be designed to permit wildlife
passage. The following standards and guidelines shall apply unless an alternative fence
design which provides equivalent wildlife is approved by the County after consultation
with ODFW:
1. The distance between the ground and the bottom strand or board of the fence
shall be at least 15 inches.
2. The height of the fence shall not exceed 48 inches above ground level.
3. Smooth wire and wooden fences that allow passage of wildlife are preferred.
Woven wire fences are discouraged.
VI. Built Environment and Development Activity
Housing Units
According to 2010 Census, there are 42 housing units occupying 63 residents within the 122,575 acres of
non-federal lands designated Core Area and Low Density habitat. Twenty -seven residents in 13 homes live
in the Core Area. Thirty-six residents in 29 homes live in Low Density habitat.
Roads and Utilities
Excluding U.S. 20, there are 19 county designated roads, spanning approximately 115 miles within the Core
Area and Low Density habitat. Eighteen are classified as a Rural Local Road. The other is designated a Forest
Highway. Figure 6 shows their location. Three Bonneville Power Administration overhead transmission lines
transect the region as well. Deschutes County Sage-Grouse Conservation Area Index Maps show their
location.21 There are no regional gas lines (TransCanada) in the region.
Surface Mining Sites
There are a total of 21 surface mines within Core Area and Low Density habitat. With the exception of two
federal parcels affiliated with Sites 404 and 505, all the mines are located on non-federal lands. Table 10
summarizes them. Figure 7 shows their location.
21. See note 4.
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 20
Figure 6 - County Roads in ODFW Sage-Grouse Core and Low Density Habitat
Table 10 - Surface Mining Sites in Sage-Grouse Habitat
Surface Mining Site (ESEE) # Sage-Grouse
Designation Description
Site No. 404: Moon Mining Claim. Quantity is
193,000 cubic yards of sand and gravel and 800,000
to 2M cubic yards of rock; (Ord. 90-025 and 95-041)
Low Density
This site is part of a working ranch. Access to the site is
along a dirt road which leaves the highway at the base of
the Horse Ridge grade, 1 mile NE of the highway.
Site No. 408: RL Coats. Quantity is 3 million cubic
yards of sand and gravel; (Ord. 90-025) Low Density Site is located north of Highway 20 near the intersection
with Highway 27.
Site No. 413: Deschutes County. Quantity is 30,000
cubic yards of sand and gravel; (Ord. 90-025)
Site No. 414: Deschutes County. Part of same 35
acres of 413 (Ord. 90-025)
Low Density These two sites are located partway up the base of Pine
Mountain.
Site No. 415: Deschutes County. Quantity, 30,000
cubic yards of sand and gravel; (Ord. 90-025)
Site No. 416: Deschutes County. Quantity, 30,000
cubic yards of sand and gravel; (Ord. 90-025)
Site No. 417: Deschutes County. Quantity, 20,000
cubic yards of sand and gravel; (Ord. 90-025)
Site No. 418: Deschutes County. Quantity, 30,000
cubic yards of sand and gravel; (Ord. 90-025)
Core Area
Sites Nos. 415, 416, 417, 418 and 419 run along the north
side of Highway 20 East. Sites are located roughly 1.5
miles east of Route 27, the Prineville cutoff at mile marker
38.
Site No. 419: Deschutes County. Quantity, 30,000
cubic yards of sand and gravel; (Ord. 90-025) Core Area
Sites Nos. 415, 416, 417, 418 and 419 run along the north
side of Highway 20. Sites are located roughly 1.5 miles
east of Route 27, the Prineville cutoff at mile marker 38.
Site No. 496: Taylor. Quantity is 1,800,000 cubic
yards of sand and gravel; (Ord. 94-050, 94-051, 94-
052)
Low Density
Site is located on the Old Bend-Burns Highway, roughly 2
miles west of the east end of the road, just to the east of
Horse Ridge grade.
Site No. 498: State of Oregon. Quantity is 200,000
cubic yards of sand and gravel; (Ord. 90-025) Low Density Site is located approximately one mile south of Highway
20 and four miles west of Millican.
Site No. 499: Oregon State Highway. Quantity is
50,000 cubic yards of sand and gravel; (Ord. 90-025) Low Density Site is located approximately one-half mile west of
Millican on both sides of the highway.
Site No. 500: Oregon State Highway. Quantity is
130,000 cubic yards of sand and gravel; (Ord. 90-
025)
Low Density Site is located approximately one mile of Millican on the
north side of the highway.
Site No. 501: Deschutes County. Quantity is 50,000
cubic yards of sand and gravel; (Ord. 90-025) Low Density Site is located approximately one and one-half mile east
of Millican.
Site No. 503: State Highway. Quantity is 200,000
cubic yards of sand and gravel; (Ord. 90-025) Low Density Site is located north of Highway 20, roughly 4.5 miles east
of Millican.
Site No. 505: Oregon State Highway. Quantity is
275,000 cubic yards of sand and gravel; (Ord. 90-
025)
Site No. 506: State Highway. Quantity is 36,000 cubic
yards of sand and gravel; (Ord. 90-025)
Low Density
These two sites are located near one another and are
roughly 1.6 miles west of the Prineville cutoff on east
Highway 20. Both sites are along the highway.
Site No. 508: Oregon State Highway. Quantity is
100,000 cubic yards of sand and gravel; (Ord. 90-
025)
Core Area Site is located approximately 2.5 miles north of the site,
roughly 4 miles NW of Brothers.
21 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 22
Figure 7 - Deschutes County Goal 5 Surface Mines Affected by ODFW Sage-Grouse
Core and Low Density Habitat
Table 10 - Surface Mining Sites in Sage-Grouse Habitat (continued)
Surface Mining Site (ESEE) # Sage-Grouse
Designation Description
Site No. 515: Oregon State Highway. Quantity is
100,000 cubic yards of sand and gravel; (Ord. 90-
025)
Core Area This site is a cinder pit which is located on Camp Creek
Road, roughly 6 miles NE of Brothers.
Site No. 533: Oregon State Highway. Quantity is 1
Million cubic yards of sand and gravel; (Ord. 90-025) Core Area Site is least of Hampton, approximately 1 mile off the
highway
Site No. 600: Robinson Site. Quantity is 3.8 million
cubic yards of sand and gravel; (Ord. 96-076) Low Density
Site 600 adjoins Site 496. It is located approximately one-
half mile off of Highway 20 along the Old Bend-Burns
Highway.
23 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Land Use and Building Permit Activity (2003-2013)
Tables 11 and 12 list the land use planning and building permits issued from 2003 to 2013. As shown in Table
11, taking into account the projects requiring multiple land use permits, there were a total of seventeen site
specific proposals.22 Building permits followed a similar pattern. Deschutes County issued 26 permits. Only
12 pertained to non-federal lands, with 5 of those applying to a particular Oregon Department of
Transportation (ODOT) site.
Table 11 - Land Use Planning Permits (2003-2013)
4 Administrative Determinations for a Farm Dwelling (AD-05-10, AD-06-6, AD-07-18, AD-12-10)
9 Conditional Use Permits
CU-03-9: Farm Dwelling
CU-03-19: Manufactured Home Park and RV Park 23
CU-07-43: Type 3 Home Occupation for Auto Sales
CU-07-63: Private Shotgun Only Trap Shooting Facility
CU-07-79: Paintball Facility
CU-07-94: Hunting Preserve
CU-09-12: Commercial Wind Farm Accessory Operations and Maintenance Building
CU-11-26: Lot of Record Dwelling
CU-11-27: Lot of Record Dwelling
1 Landscape Management Permit for an Accessory Building (LM -07-138)
2 Non-conforming Use Alternation Request to Replace a Total of Four Manufactured Homes at ODOT Maintenance Station in
Brothers
1 Partition Creating Two Parcels Associated with CU-03-9 (MP-03-3)
6 Site Plan Permits
SP-03-13: Addition to Existing Toilet Building at ODOT Rest Area
SP-03-14: Manufactured Home Park and RV Park Approved under CU-03-19
SP-07-32: Private Shotgun Only Trap Shooting Facility Approved under CU -07-63
SP-08-6: Paintball Park Approved Under CU-07-79
SP-09-9: Wind Project Operations and Maintenance Building Approved under CU -09-12
SP-09-30: Expansion of Trap Club Approved Under CU-07-63
1 Variance Altering the Survey Requirement for Partition Approved under CU-03-9 (V-03-6)
22. See CU-03-9, MP-03-3, V-03-6; CU-03-19 and SP-03-14; CU-07-63 and SP-07-32; CU-07-79 and SP-08-6; CU-09-12 and SP-09-9; CU-
07-63 and SP-09-30.
23. As of February 28, 2013, the manufactured home park and RV park have not been developed.
Table 12 - Building Permits (2003-2013)
Permittee Building Permit Multiple Permits Issued
for One Site (Y/N)
Bend Trap Club
1. Club House
2. Range Building
3. Storage / Warming Hut
Yes
Century Tel 4. Foundation No
Federal Government (leases with ATT and
Deschutes County)
5. Cell Tower
6. Cell Tower Antennae Co-location
7. Co-locate on Existing Tower
8. Equipment Shelter
9. Foundation for Radio Equipment
10. Gold Label Equipment Shelter
Yes
Federal Government (lease with Central
Oregon Shooting Association)
11. Pole Barn
12. Pole Barn Yes
Table 12 - Building Permits (2003-2013) Continued
Permittee Building Permit Multiple Permits Issued
for One Site (Y/N)
Federal Government (leases with Pine
Mountain Observatory and Technology
Associates
13. Cell Tower Co-locate
14. Demolition of Existing Residence
15. Microwave Dish Installation
16. Replace Microwave Dish
17. Residence
Yes
Homeowners
18. Detached Storage
19. Ramada for Manufactured Home
20. Residence / Attached Garage
21. Residence / Garage
No
State of Oregon
22. Additional Bathrooms
23. Break Room
24. Detached Garage
25. Replacement Dwelling
26. Replacement Dwelling
Yes
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 24
VII. Impact Analysis
Risk Assessment
In December 2011, Wyoming Governor Matt Mead and Secretary of the Interior Ken Salazar cohosted a
meeting to address coordinated conservation of the Greater sage-grouse across its range. Ten states within
the range of the sage-grouse were represented, as were the FS, NRCS, and the Department of the Interior
and its BLM and FWS. The primary outcome of the meeting was the creation of a Sage-Grouse Task Force.
The Task Force was directed to develop recommendations on how to best move forward with a
coordinated, multi-state, range-wide effort to conserve the sage-grouse, including the identification of
conservation objectives to ensure the long-term persistence of the species. The FWS was tasked by its
Director with the development of conservation objectives for the sage-grouse. Recognizing that state wildlife
agencies have management expertise and retain management authority for this species, the FWS created a
Conservation Objectives Team (COT) of state and FWS representatives to accomplish this task.24 The Sage-
Grouse Conservation Objectives Draft Report, created by the COT identifies risk levels and priority areas
for Central Oregon. Approximately 700,000 acres of habitat for the Central Oregon sage -grouse population
has been identified as priority areas for conservation. The COT assigns the Central Oregon management
zone a rating of C2/C3 (At Risk, Potential Risk).25 Those risk levels pertaining to land use are summarized
below in Table 13. According to the COT, this population faces a wide suite of threats.
According to ODFW, there is also the potential for renewable energy developments (i.e., geo-thermal, solar,
and wind) in most sage-grouse regions in Oregon.27 Recently, the Oregon Department of Geology and
Mineral Industries (DOGAMI) upgraded its online geothermal data with in-depth information about wells,
hot springs and other resources across the state.28 Data obtained from DOGAMI identifies 17 geothermal
wells along the Brothers fault zone and Glass Butte within Core Area and Low Density habitat. Eleven wells
are located on non-federal lands. Of those, 6 are in Core Area and 5 in Low Density.
24. Source Document 10. Sage-Grouse Conservation Objectives Draft Report, Submitted August 1, 2012. Page 1.
25. Ibid., Page 16, C2 means the population is at risk because of very limited and/or declining numbers, range, and/or habitat, making sage-
grouse in this area vulnerable to extirpation. C3 means the population is potentially at risk because of limited and/or decli ning numbers,
range, and/or habitat, even though sage-grouse may be local abundant in some portion of the area.
26. Id. Pages 25 and 63.
27. See note 1. Pages x and 66.
28. Rachel Rees, “Oregon Doubles its Geothermal Info Online,” The Bulletin, February 18, 2013.
Table 13 - Central Oregon Sage-Grouse Risk Levels 26
Risk Levels (Land Use Related) Rating
Agriculture Conversion
Energy
Infrastructure
Recreation
Urbanization
Localized, Substantial
Mining Slight Threat
25 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 26
Finding
From a land use perspective, the COT’s threat analysis as it pertains to Deschutes County does not take
into account its land use planning program. The Periodic Review process required by DLCD from 1988 -
2003, positioned Deschutes County to adopt significant measures for the protection of farm lands and
wildlife resources. The analysis contained in this report demonstrates that Deschutes County is effective in
minimizing land use conflicts within Core Area and Low Density habitat on non-federal lands. A sparse
residential population, coupled with farm and forest zoning and Sensitive Bird and Mammal Habitat and
Wildlife Area combining zones have enabled non-federal lands to remain rural. Deschutes County’s land use
program does not pose a risk to sage-grouse populations. Presently, there are regulatory safeguards in place
to prevent urbanization, recreation, renewable energy, and infrastructure projects on non -federal lands from
disrupting sage-grouse habitat.
Deschutes County retains land use authority on 122,559 acres of non-federal lands designated Core Area
and Low Density habitat. This constitutes 28% of the affected area designated by ODFW. A majority of the
land is zoned for farm and forest uses. Eighty-eight percent (108,071 acres) of the area is zoned EFU and 8%
(9,608 acres), F1. The remaining 6% is zoned open space, surface mining, or rural service center. Due to
Periodic Review, Deschutes County also applies Sensitive Bird and Mammal Habitat and Wildlife combining
zones on 96% (117,94 acres) of the area designated Core Area and Low Density. The remaining 4% (4,646
acres) is zoned EFU. Table 14 recaps Deschutes County’s base and combining zones for this particular region
as well as its non-farm dwelling policy. As demonstrated by the land use and building permit activity
occurring from 2003 to 2013, Deschutes County’s land use program, when applied cumulatively to the
region, is effective in limiting rural development. Just 63 residents, living in 42 houses, occupy the area,
amounting to a population density of one person for every 3 square miles. Land use and building permits
issued from 2003 to 2013 reveal limited activity and disturbance on non-federal lands. Deschutes County
issued a total of 24 land use permits for 17 properties and just 12 building permits during this ten-year
period. Five of the building permits applied to a specific site managed by ODOT near Brothers. The most
intensive building permits pertained to the Bend Trap Club for a clubhouse, range building, and storage/
warming hut.
Table 14 - Recap of Deschutes County’s Conservation Zoning
Base Zones Description
Exclusive Farm Use (EFU) Horse Ridge
Subzone; and
* Non-farm dwelling policy
320 acre minimum parcel size
Policy: Limits non-farm dwellings, deeming them incompatible with resource lands,
antelope range, sage-grouse range, and open grazing for cattle.
Non-farm dwellings required to take access within 300 feet of a historic road
Forest Use Zone (F1) 80 acre minimum parcel size
Flood Plain Zone New structures require conditional use permit in Special Flood Hazard Areas
Open Space Zone 80 acre minimum parcel size
Sensitive Bird and Mammal
Combining Zone Description
Sage-Grouse Range Activity proposed within ¼ mile of a designated sage-grouse lek requires site plan
review, specific conditions noted in each ESEE analysis, and coordination with
ODFW
Wildlife Area Combining Zone Description
Antelope and Deer Winter Range
All permitted uses require a conditional use permit.
Minimum parcel size is 40 acres in deer winter range and 320 in antelope range
Access for new dwellings limited to 300 feet of a historic road
27 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Conclusion
Land use represents just one of the many tools that need to be in place to prevent sage -grouse from being
listed on the federal ESA. As the Governor’s Sage Con efforts develops and refines its “all lands, all threats”
approach, it must be paired with BLM’s resource management plan amendments and the efforts underway by
the Oregon Cattlemen Association to develop a programmatic Candidate Conservation Agreement (CCA)
for sage-grouse on BLM lands within the state. In 1992, Deschutes County recognized that conserving sage-
grouse leks depends in part on BLM working with private property owners to develop grazing management
plans. This collaborative partnership is more important then ever. The BLM controls 72% of Core Area and
Low Density habitat in Deschutes County.