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Home My WebLink AboutComp Plan Update DraftSectiovt 1.2 Covu.wt.u.vtLtt4 (ikvoLvevu.evtt PoLicLes Goal and Policies (930 101-13-11) Goal I Policy 1.2.1 Policy 1.2.2 Policy 1.2.3 Policy 1.2.4 Policy 1.2.5 Maintain an active and open community involvement program that is accessible to all members of the community and engages the community during development and implementation of land use policies and codes. This chapter serves as the Community Involvement Program. The Planning Commission will be the Committee for Community Involvement, with County support. a. Maintain funding and staffing. b. Provide regular updates, speakers, panel discussions and handouts on land use law and policy. c. Appoint members through an open and public process to reflect the geographic areas and diverse values of Deschutes County residents. d. Meet with the Board of County Commissioners at least once a year to coordinate planning policies and activities. e. Complete an annual report on community involvement implementation for the State Citizen Involvement Advisory Committee, the Board of County Commissioners and the public. Encourage community participation in planning through a variety of tools and techniques, including: a. Post all planning applications, decisions, projects and plans on the County website; b. Provide staff reports for comprehensive plan and zoning text amendments to the public as early as possible in a timely manner; c. Write land use reports all County planning documents to be accessible and understandable to the general public, with acronyms spelled out and technical language explained; d. Hold area -specific comprehensive plan and zoning text amendment public hearings in locations and at times convenient to area residents, as appropriate; e. Require pre -application meetings for comprehensive plan and zoning text amendments; and for major or potentially contentious projects encourage the applicants to hold an informal community meeting before submitting an application. Reach out to the community to discuss and respond to land use concerns in a timely manner. Ensure effective, efficient planning procedures. 12 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.2 COMMUNITY INVOLVEMENT sectiow 1.3 Lawol Ltse PLawvavt,s PoLLctes Goals and Policies (9-30-1-01 13 11) Policies in [brackets] are staff recommendations Goal I Policy 1.3.1 Policy 1.3.2 Policy 1.3.3 Policy 1.3.4 Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. Consider private property rights and economic impacts to property owners and the community when creating and revising land use policies and regulations. Consider sustainability and cumulative impacts when creating and revising land use policies and regulations. Involve the public when amending County Code. Maintain public records which support the Comprehensive Plan and other land use decisions. Policy 1.3.5 Review the Comprehensive Plan every five years and update as needed, in order to ensure it responds to current conditions, issues and opportunities, as well as amended State Statute, Oregon Administrative Rules and case law. Policy 1.3.6 Maintain and enhance web -based property -specific information. Policy 1.3.7 The Deschutes County Comprehensive Plan Map will be retained in official replica form as an electronic map layer within the County Geographic Information System. Policy 1.3.8 Implement, as appropriate, recommendations in the Final Report from the Oregon Task Force on Land Use Planning dated January 2009. Goal 2 Promote regional cooperation and partnerships on planning issues. Policy 1.3.9 Regularly review intergovernmental and urban management agreements, and update as needed. Policy 1.3.10 Participate in and, where appropriate, coordinate regional planning efforts. Policy 1.3.11 Support implementation of the Deschutes County Greenprint and incorporate, as appropriate, elements from the Greenprint into this Plan. Policy 1.3.12 [Support implementation of the Bend 2030 Plan and incorporate, as appropriate, elements from the Bend 2030 Plan into this Plan.] Goal 3 Manage County owned lands efficiently, effectively, flexibly and in a manner that balances the needs of County residents. Policy 1.3.13 Where feasible, maintain and manage County owned properties as follows: a. Manage designated park lands to preserve the values defined in the park designation; b. Permit public access to County owned lands designated as parks unless posted otherwise; DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I -13-1 I CHAPTER I COMPREHENSIVE PLANNING SECTION 1.3 LAND USE 19 c. Encourage properties located along rivers, streams or creeks or containing significant wildlife, scenic or open space values to be designated as park land; d. [Support projects that identify river front properties or properties with significant Goal 5 resources that could be appropriate for public acquisition., 20 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE Sectiow 2.2 ASrLcu.Ltu.raL Lawols Background Protecting farm lands and the economic benefits of agriculture is one of the primary goals of the Oregon land use system. Statewide Planning Goal 3 establishes farmland identification and protection standards which must be met by local governments. The Goal requires farm lands to be preserved for farm uses, consistent with existing and future needs for agricultural products, forest and open space. Additional criteria for Goal 3 can be found in Oregon Revised Statute (ORS) 215 and in Oregon Administrative Rule (OAR) 660-33. These criteria spell out in considerable detail what lands shall be identified as farm lands and what uses are allowed on those lands. The main concept is that local governments must inventory and protect farm lands though the use of Exclusive Farm Use (EFU) zones that provide primarily for the continuation of commercial -scale agriculture, including farm operations, marketing outlets and the agricultural support system. To provide a science based method of identifying farm lands, Statewide Goal 3 defines agricultural lands primarily through soil classifications. However, other lands can, and often must, be classified for farming based on the criterion 'suitable for farm use' or being near agricultural lands. Excerpt from Statewide Planning Goal 3 "Agricultural Land ... in eastern Oregon is land of predominantly Class I, 11, Ill, IV, V and VI soils as identified in the Soil Capability Classification System of the United States Soil Conservation Service, and other lands which are suitable for farm use taking into consideration soil fertility, suitability for grazing, climatic conditions, existing and future availability of water for farm irrigation purposes, existing land -use patterns, technological and energy inputs required, or accepted farming practices. Lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands, shall be included as agricultural land in any event. More detailed soil data to define agricultural land may be used by local governments if such data permits achievement of this goaL Agricultural land does not include land within acknowledged urban growth boundaries or land within acknowledged exceptions to Goals 3 or 4." Besides Statewide Goal 3, farming is protected in Oregon by "right -to -farm" law (ORS 30.930- 047). This law protects commercial farms from nuisance suits brought about by generally accepted farming practices such as noise dust or odors. County Agricultural Designations Farm land designations in Deschutes County have been and continue to be highly controversial. In designating farm lands in the late 1970s, the County was hampered by the limited availability of soil maps. Where soil maps existed those were consulted, but the County also included irrigated lands and lands receiving farm deferrals for the previous five years. Ultimately, seven 4 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN -2010 REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS separate agricultural areas were identified, each with minimum lot sizes. In general, non -urban, non -forest, undeveloped and uncommitted lands were determined to be farm lands. Despite designating many agricultural areas by default, the 1979 Resource Element noted that based on agricultural determinants of soils, water, climate and economics, profitable farming in the County remained difficult. The findings for protecting non-profitable agricultural land noted the aesthetic value of farm land, the costs and hazards of allowing local development and the economic importance of local natural beauty. In 1992 a commercial farm study was completed as part of the State required periodic review process. The study concluded that irrigation is the controlling variable for defining farm lands in Deschutes County. Seven new agricultural subzones were identified, minimum acreages were defined based on the typical number of irrigated acres used by commercial farms in that particular subzone (with the exception of the Horse Ridge subzone). Like the 1979 Resource Element, the 1992 farm study noted the challenges of local commercial farming. The high elevation (2700-3500 feet), short growing season (88-100 days), low rainfall and distance to major markets hamper profitability. The 1992 study resulted in minimum lot sizes that are smaller than the State requirement of 80 acres for farm land and 160 acres for range land. These minimum lot sizes are unique in Oregon and were acknowledged as in compliance with Goal 3 by the Oregon Land Conservation and Development Commission. In general, County farm designations are effectively protecting farm lands while allowing limited land divisions. Deschutes County Agricultural Sub -Zones As noted above, the County maintains a unique set of farm sub -zones based on the average number of irrigated acres for each type of farm land. Irrigated land divisions in each sub -zone must result in parcels that retain the acreages shown in Table 2.2.1. Table 2.2.1 - Exclusive Farm Use Subzones Subzone Name Minimum Profile Acres Lower Bridge 130 Irrigated field crops, hay and pasture Sisters/Cloverdale 63 Irrigated alfalfa, hay and pasture, wooded grazing and some field crops Terrebonne 35 Irrigated hay and pasture Tumalo/Redmond/Bend 23 Irrigated pasture and some hay Alfalfa 36 Irrigated hay and pasture La Pine 37 Riparian meadows, grazing and meadow hay Horse Ridge East 320 Rangeland grazing ource: Deschutes County 1992 Farm Study Irrigation Districts As shown in the 1992 farm study, irrigation and irrigation districts are instrumental factors for Deschutes County agriculture. Irrigation districts in Oregon are organized as Special Districts under ORS Chapter 545. The districts are created for the purpose of delivering water to their patrons. As such they are effectively non-profit water user associations. In addition to irrigation, these districts also supply a number of other uses, including municipal, industrial, and DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN — 2010 REV 1-13-1 I CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS 5 and amend their comprehensive plan designations for such lands consistent with definitions of "agricultural land" and "forest land." Anything that does not qualify as farmland or forestland may be rezoned for non -resource use, subject to conditions that development in the non - resource zones be rural in character, not significantly conflict with surrounding farm and forest practices, and not have adverse affects on such things as water quality, wildlife habitat, and fire safety. County rezoning activities must be pursuant to a work plan approved by the Oregon Department of Land Conservation and Development. This effectively means the work will be done similar to periodic review with the Land Conservation and Development Commission expressly given exclusive jurisdiction to review a county decision. Future of Deschutes County Farm Designations and Uses In discussions on the future of agriculture in Deschutes County, there are still differences of opinion over which lands should be designated farm lands and what uses should be allowed on those lands. Farm lands contribute to the County in a number of ways. Agriculture is part of the ongoing local economy. Wide-open farm lands offer a secondary benefit by providing scenic open spaces that help attract tourist dollars. Farm lands also contribute to the rural character that is often mentioned as important to residents. Finally, it should be noted that agricultural lands are preserved through State policy because it is difficult to predict what agricultural opportunities might arise, and once fragmented the opportunity to farm may be lost. On the other hand, there seems to be widespread agreement that much of the local farm land is marginal, particularly without irrigation„ and is incapablc of providing a livablc wage. The climate, particularly the short growing season, makes commercial farming challenging. Statewide Planning Goal 3 does not really account for the conditions in Deschutes County and has resulted in agricultural zoning for land with no history of farming and limited potential for profitable farming. The small size of agricultural parcels adds to the challenges. It has been argued that preserving farm lands benefits the wider public at the expense of agricultural land owners. There is considerable pressure to convert agricultural land to residential or other uses. The goals and policies in this Section are intended to provide the basis for evaluating the future of agriculture in the County over the next twenty years. They are intended to provide, within State guidelines, flexibility to the farming community. County farm lands will be preserved by ensuring a variety of alternative paths to profitability. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS 9 Secti ov' 2.2 As vizi/ tyra L Lauds Pol-Lates Goals and Policies (9 30 101 13 11) Goal I Policy 2.2.1 Policy 2.2.2 Policy 2.2.3 Policy 2.2.4 Policy 2.2.5 Goal 2 Policy 2.2.6 Policy 2.2.7 Policy 2.2.8 Policy 2.2.9 Goal 3 Policy 2.2.10 Policy 2.2.1 1 Preserve and maintain agricultural lands and the agricultural industry. Retain agricultural lands through Exclusive Farm Use zoning. Exclusive Farm Use sub -zones shall remain as described in the text of this Plan, unless adequate legal findings for amending the sub -zones are adopted. Regularly review farm regulations to ensure compliance with changes to State Statute, Oregon Administrative Rules and case law. Encourage water projects that benefit agriculture. Support a variety of methods to preserve agricultural lands, such as: a. Support the use of grant funds and other resources to assist local farmers; b. Work cooperatively with irrigation districts, public agencies and representatives and land owners; c. Encourage conservation easements, or purchase or transfer of development rights programs; d. Control noxious weeds; e. Support a food council or 'buy local' program. Promote a diverse, sustainable, revenue -generating agricultural sector. Encourage farming by promoting the raising and selling of crops, livestock and/or poultry. Support stakeholders in studying and promoting economically viable agricultural opportunities and practices. Encourage small farming enterprises, such as including, but not limited to, niche markets, organic farming, farm stands or value added products. Review County Code and revise as needed to permit alternative and supplemental farm activities that are compatible with farming, such as agri- tourism or commercial renewable energy projects. Ensure Exclusive Farm Use policies, classifications and codes are consistent with local agricultural conditions and markets. Identify and retain accurately designated agricultural lands. Explore new methods of identifying and classifying agricultural lands. a. Apply for grants to review and, if needed, update farmland designations. b. Study County agricultural designations considering elements such as water availability, farm viability and economics, climatic conditions, land use patterns, accepted farm practices, and impacts on public services. 10 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS Deschutes Basin Ecosystem Deschutes County constitutes 26% of the Deschutes River Basin, a major watershed in Central Oregon. The Deschutes River is the major waterway draining the Basin and flows north to the Columbia River that culminates in the Pacific Ocean. Five sub -basins feed the main stem. Most of Deschutes County is contained by parts of three: the Upper Deschutes River Sub -basin, the Middle Deschutes River Sub -basin, and the Lower Crooked River Sub -basin. The remainder of the County is located in the Upper Crooked River Sub -basin and in the Goose and Summer Lakes Basin. The Deschutes River is a vital, multi-purpose waterway that touches the lives of thousands of people along its banks and throughout Central Oregon. An important historical, economic, and cultural resource, the Deschutes provides natural beauty, abundant wildlife, and varied recreational opportunities. Most of the upper flow of the Deschutes River is through public land, although portions flow past private holdings. Wild and Scenic Waterways The federal Wild and Scenic Rivers Act created a program designed to protect the character of free-flowing rivers. Enacted in 1968, the Wild and Scenic Rivers Act created several categories of rivers with different levels of protection for each category. Section 7 of the Wild and Scenic Rivers Act provides minimal protection for instream flows and prohibits Federal assistance or licensing of water resource development projects within listed sections of river. Additionally, Section 7 prohibits Federal agencies from recommending any activities that will negatively affect the unique characteristics of a listed reach without adequately notifying Congress, the Secretary of Agriculture, and the Secretary of the Interior. Individual states administer management programs for each listed reach within their boundaries, and the federal government has authorization to acquire land along each reach to maintain the character of the river (16 U.S.C. 1271-1287). However, the Wild and Scenic Rivers Act does not authorize Federal regulation of water diversions, nor does it authorize Federal acquisition of instream water rights. Four stretches of rivers in the Upper Deschutes Basin are in the Wild and Scenic River System. Table 2.5.1 - Wild and Scenic Rivers in Deschutes County Waterway Description Little Deschutes River From its line Section 12, T26S, R7E ..ource to the north section of Upper Deschutes River Deschutes River From Wickiup Dam to the Bend Urban Growth Boundary Middle Deschutes River From Odin Falls to the upper end of Lake Billy Chinook Whychus Creek Source to USGS Gage 14075000 Source: National Park Service Oregon Scenic Waterways In 1970, Oregon voters passed the initiative that created the Scenic Waterways Act and initiated the Scenic Waterways program. The State lists waterways in order to protect their unique scenic beauty, recreation, fish, wildlife, or scientific features (OAR 736-040). The 26 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN — 2010 REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.5 WATER RESOURCES rights may not injure other water rights holders, may not cause the enlargement of a water right, and may not exceed the flows necessary to increase public benefits (OAR 690-077). Establishing New Instream Water Rights The majority of instream water rights held by the state of Oregon are junior water rights. These junior rights are not often met during the summer irrigation season. Three state agencies can apply for new instream water rights. The Department of Environmental Quality (DEQ), Department of Fish and Wildlife (ODFW) or Parks and Recreation Department (OPRD) can determine that instream flow rights are not adequate to provide specified public benefits and can apply to OWRD for additional instream flow rights (ORS 537.336). In general, instream water rights cannot exceed the estimated average natural flow of a stream. Establishing Senior Instream Water Rights Three techniques in OAR 690 allow individuals or agencies to create senior instream water rights. First, individuals or organizations can lease an existing water right for instream use. Individuals may lease all or part of their water right for instream use during all or part of the year (OAR 690-077). In the Deschutes Basin, the majority of leased water comes from irrigation districts and their customers. Water rights created through instream leases have the same priority date as the original water right. Leasing water instream provides a flexible, low- cost technique for improving instream flows, but it does not permanently protect water instream. Second, individuals may permanently transfer existing water rights instream (OAR 690-077). Permanent water transfers allow individuals to transfer water off of their land while improving instream flows in the basin. They are often associated with a change in the character of the land from agriculture to other uses. As with temporary transfers, instream water rights created through permanent transfers have the same priority date as the originating water right that was transferred instream. Oregon's Conserved Water program provides a third technique for creating senior instream water rights (OAR 690-018). This program is relatively unique within western water law. Oregon adopted its Conserved Water rules in 1987 to encourage water conservation and to promote local cooperation in instream flow improvement. To be eligible for the Conserved Water program, a water rights holder needs to satisfy the use listed on their permit with less water than they have the right and ability to divert. Water rights holders who implement water conservation projects can lease, sell, or transfer a portion of their conserved water. At least 25% of the conserved water goes to the state, which transfers the water instream: if instrcam needs arc not alr ady met. The water rights holder receives a proportion of the remaining conserved water that depends on project funding. The proportion depends upon on what percentage of the Conserved Water project is funded through public sources and on any special agreements that financing partners have made with the water rights holder. Unless otherwise agreed upon, the water rights holder usually receives between 25% and 75% of the total conserved water. Instream water rights created through the conserved water program usually have the same priority date as the originating water right. The three techniques, leasing, transfers and conserved water can be used to place existing junior or senior water rights instream. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I -13-1 1 31 CHAPTER 2 RESOURCE MANAGEMENT SECTION 25 WATER RESOURCES systems. The Upper Deschutes and Little Deschutes Sub -basins have abundant, natural sources of phosphorus from volcanic soils and rocks so the rivers are naturally nitrogen limited. It: Nnitrogen-limited rivers are sensitive to low concentrations of available nitrogen until some other component becomes limiting, and that may lead to, small and often immeasurable quantities of nitrogen arc known to cause _ecological impacts. In 2008 the County used the research on nitrates to adopt a `local rule' that required South County residents to convert their septic systems over a period of 14 years to alternative sewage system technology designed to reduce nitrates. New septic systems were also required to use alternative technologies. The County created a process to assist residents in funding the conversions. Many South County residents expressed concern over the costs involved with converting their septic systems and disputed the science behind the rule. Placed on the ballet by petition, the local rule was rescinded by voters in March 2009. As of 2010 the Department of Environmental Quality is leading the effort to address nitrates in South County, with the full cooperation of the County. One solution being considered is creating a sewer system or extending the Sunriver sewer system to serve some of the nearby areas Sewer systems are tightly restricted on rural lands by Statewide Planning Goal I 1 and Oregon Administrative Rule 660-11, so the Land Conservation and Development Department is also involved in these efforts. Surface Water Quality The federal Clean Water Act requires identifying rivers that do not meet water quality standards for several parameters. The Oregon Department of Environmental Quality periodically evaluates water bodies in Oregon based on federally -approved water quality standards. A list of water quality impaired water bodies is produced from this analysis and referred to by the section of the CWA, as 303(d) listings. The list is the basis for developing state standards for each pollutant entering a water body. These Total Maximum Daily Loads (TMDL) are used with Water Quality Management Plans to outline how agencies and individuals will meet water quality standards for those listed water bodies. The TMDL Water Quality Management Plans identify Designated Management Agencies (DMA) that are required to develop and implement them. A DMA can be a federal, state or local governmental agency that has legal authority to address the contributing pollutants. A TMDL implementation plan must indicate how the DMA will reduce pollution in order to address load allocations. Compliance with Land Use Requirements It is helpful to coordinate TMDL implementation with local land use plans, such as this Comprehensive Plan. That will ensure maximum coordination in addressing water quality issues. To provide evidence that a TMDL implementation plan is in compliance with local land use requirements, in most cases the plan should: • Identify applicable acknowledged local comprehensive plan provisions and land use regulations, and • Explain how the implementation plan is consistent with local planning requirements or what steps will be taken to make the local planning requirements consistent with it. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I-13-11 37 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.5 WATER RESOURCES Sectiov►, 2.5 Water Resource Policies Goals and Policies (9 30 101 13 1 1) Water Coordination, Availability and Conservation Goal I Develop regional, comprehensive water management policies that balance the diverse needs of water users and recognize Oregon water law. Policy 2.5.1 Participate in Statewide and regional water planning including: a. Work cooperatively with stakeholders, such as the Oregon Water Resources Department and the Deschutes Water Alliance; b. Support the creation and continual updating of a regional water management plan. Policy 2.5.2 Support grants for water system infrastructure improvements, upgrades or expansions. Goal 2 Increase water conservation efforts. Policy 2.5.3 Promote efficient water use through targeted conservation, educational and, as needed, regulatory programs. a. Review County Code and revise as needed to ensure new development incorporates recognized efficient water use practices for all water uses. b. Encourage the reuse of grey water for landscaping. Policy 2.5.4 Promote a coordinated regional water conservation effort that includes increasing public awareness of water conservation tools and practices. Policy 2.5.5 Review County practices and adopt water conservation measures for all County facilities, such as xeroscaping, wastewater reuse or efficient irrigation systems. Policy 2.5.6 Support conservation efforts by irrigation districts, including programs to provide financial incentives for water conservation. River and Riparian Ecosystems and Wetlands Goal 3 Maintain and enhance a healthy ecosystem in the Deschutes River Basin. Policy 2.5.7 Work with stakeholders to restore, maintain and/or enhance healthy river and riparian ecosystems and wetlands, including the following: a. Encourage efforts to address fluctuating water levels in the Deschutes River system; b. Cooperate to improve surface waters, especially those designated water quality impaired under the federal Clean Water Act; c. Support research on methods to restore, maintain and enhance river and riparian ecosystems and wetlands; d. Support restoration efforts for river and riparian ecosystems and wetlands; e. Inventory and protect cold water springs from development impacts; 40 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.5 WATER RESOURCES Policy 2.5.8 Policy 2.5.9 Policy 2.5.10 Goal 4 Policy 2.5.11 Policy 2.5.12 Policy 2.5.13 f. Evaluate waterways for possible designation under the Scenic Waterways program; g. In collaboration with stakeholders, map channel migration zones and identify effective protections; h. Develop comprehensive riparian management or mitigation practices that enhance ecosystems, such as vegetation removal criteria. Support studies on the Deschutes River ecosystem and incorporate watershed studies that provide new scientific information on the Deschutes River ecosystem, such as the 2010 Local Wetland Inventory. Support educational efforts and identify areas where the County could provide information on the Deschutes River ecosystem, including rivers, riparian areas, floodplains and wetlands. a. Explore methods of ensuring property owners know and understand regulations for rivers, riparian areas, floodplains and wetlands. Support the priority strategies from the Deschutes River Mitigation and Enhancement Committee's 2008 Upper Deschutes River Restoration Strategy. Maintain and enhance fish populations and riparian habitat. Coordinate with stakeholders to protect and enhance fish and wildlife habitat in river and riparian habitats and wetlands. Promote healthy fish populations through incentives and education. Support healthy native fish populations through coordination with stakeholders who provide fish habitat management and restoration. a. Review, and apply where appropriate, strategies for protecting fish and fish habitat. b. Promote salmon recovery through voluntary incentives and encouraging appropriate species management and habitat restoration. Policy 2.5.14 Review Habitat Conservation Plans for endangered species listed under the Endangered Species Act, to identify appropriate new policies or codes. a. Spawning areas for trout should be considered significant habitat and should be protected in rivers and streams. b. Cooperate with irrigation districts in preserving spawning areas for trout, where feasible. Policy 2.5.15 Use a combination of incentives and/or regulations to mitigate development impacts on river and riparian ecosystems and wetlands. Groundwater and Surface Water Quality Goal 5 Protect and improve water quality in the Deschutes River Basin. Policy 2.5.16 Support plans, cooperative agreements, education, water quality monitoring and other tools that protect watersheds, reduce erosion and inappropriate runoff, protect the natural water systems/processes that filter and/or clean water and preserve water quality. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I -13-1 I CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.5 WATER RESOURCES 41 Policy 2.5.17 Policy 2.5.18 Policy 2.5.19 Policy 2.5.20 Land Use and Goal 6 Policy 2.5.21 Policy 2.5.22 Policy 2.5.23 Policy 2.5.24 Policy 2.5.25 Policy 2.5.26 Policy 2.5.27 Policy 2.5.28 Policy 2.5.29 Coordinate with the Oregon Department of Environmental Quality and other stakeholders on regional water quality maintenance and improvement efforts such as identifying and abating point and non -point pollution or developing and implementing Total Maximum Daily Load and Water Quality Management Plans. Coordinate with stakeholders to address water -related public health issues. a. Support amendments to State regulations to permit centralized sewer systems in areas with high levels of existing or potential development and identified water quality concerns. b. If a public health hazard is declared in rural Deschutes County, expedite actions such as legislative amendments allowing sewers or similar infrastructure. Work with the community to expand the range of tools available to protect groundwater quality by reviewing new technologies, including tools to improve the quality and reduce the quantity of rural and agricultural stormwater runoff. Explore adopting new ordinances, such as a wellhead protection ordinance for public water systems, in accordance with applicable Federal and/or State requirements. Water Policy Coordinate land use and water policies. Coordinate with other affected agencies when a land use or development application may impact river or riparian ecosystems or wetlands. Encourage land use patterns and practices that preserve the integrity of the natural hydrologic system and recognize the relationship between ground and surface water. Ensure water impacts are reviewed and, if necessary, addressed for significant land uses or developments. Evaluate methods of modeling the cumulative impacts of new land uses or developments on water quality and quantity. Explore an intergovernmental agreement with the irrigation districts for ensuring irrigated land partitions and lot line adjustments are not approved without review of the affected district and the Water Resources Department. Explore incorporating appropriate stormwater management practices into Deschutes County Code. Support wastewater facilities and improvements where warranted. Support regulations, education programs and cleaning procedures at public and private boat landings. Consider adopting regulations for dock construction based on recommendations of the Oregon Department of Fish and Wildlife and the Deschutes River Mitigation and Enhancement Program. 42 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN — 2010 REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.5 WATER RESOURCES sectLov&, 2.0 wilolLt fe PoLLcLes Goals and Policies (9 30 10 1 13 I I) Goal I Policy 2.6.1 Policy 2.6.2 Policy 2.6.3 Policy 2.6.4 Policy 2.6.5 Policy 2.6.6 Policy 2.6.7 Policy 2.6.8 Goal 2 Policy 2.6.89 Maintain and enhance a diversity of wildlife and habitats. Promote stewardship of wildlife habitats and corridors, particularly those with significant biological, ecological, aesthetic and recreational value. Initiate a public process to update Goal 5 wildlife inventories based on data from the 2009 Interagency Report. Initiate a public process to review and revise County Code to incorporate appropriate wildlife habitat recommendations from the 2009 Interagency Report or other expert sources. Support incentives for restoring and/or preserving significant wildlife habitat by traditional or innovative means, including land swaps, conservation easements, transfer of development rights and purchase by public or non-profit agencies. Support the provision of Assist in providing information and education on wildlife and habitat protection. Review the Oregon Conservation Strategy when amending the Wildlife section of this Plan. Use a combination of incentives and regulations to promote stewardship of wildlife habitat and address the impacts of development. Balance protection of wildlife with wildland fire mitigation on private lands in the designated Wildland Urban Interface. Promote the economic and recreational benefits of wildlife and habitat. Encourage wildlife related tourism. Policy 2.6.910 Coordinate with stakeholders to ensure access to significant wildlife and riparian habitat through public or non-profit ownership. Goal 3 Support retaining populations of Federal and State protected endangered species. Policy 2.6.4-01 1 Develop local approaches for protecting Federally Threatened or Endangered Species. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I -13-1 I CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.6 WILDLIFE secttovi, 2.7 °pev& spaces, sceA,tc views avid sites Pol,tctes Goal and Policies (9 30 101 13 1 1) Goal I Policy 2.7.1 Policy 2.7.2 Policy 2.7.3 Policy 2.7.4 Policy 2.7.5 Coordinate with property owners to ensure protection of significant open spaces and scenic views and sites. Cooperate with stakeholders to establish a comprehensive system of connected open spaces. Support efforts to identify and protect significant open spaces and visually important areas including those that provide a visual separation between communities such as the open spaces between Bend and Redmond or lands that are visually prominent. Encourage a variety of approaches that protect significant open spaces and scenic views and sites. Encourage new development to be sensitive to scenic views and sites. Review County Code and revise as needed to protect open space and scenic views and sites, including: a. Provide incentives to locate structures in forests or view corridors so as to maintain the visual character of the area; b. Work with private property owners to provide incentives and mitigations for protecting visually important areas from development impacts; c. Maintain and revise if needed, the Landscape Management Combining Zone code to effectively protect scenic views while minimizing impacts on property owners; d. Review County Code, including sign and cell tower code and proposed wind turbine code„ -to effectively protect scenic views while minimizing impacts on property and business owners; e. Review County Code for ways to mitigate for developments that significantly impact scenic views. 56 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.7 OPEN SPACES, SCENIC VIEWS AND SITES regulated by the Oregon Energy Facility Siting Council. The thresholds for Siting Council jurisdiction are determined by the Legislature and are defined in Oregon Revised Statutes (ORS) 469.300. The Siting Council does not regulate hydroelectric development. Instead, the Oregon Water Resources Commission has the authority to issue licenses for hydroelectric development. Counties may face planning decisions for the following types of energy projects: • Thermal power or combustion turbine electric generation projects having a nominal electric generating capacity of less than 25 megawatts. • Wind or solar electric generating projects having a peak generating capacity of less than 105 megawatts. • Geothermal electric generating projects with a peak generating capacity of less than 38.8 megawatts. • Electric transmission and distribution lines carrying less than 230 kilovolts and less than 10 miles in length. • Biofuel production facilities, if the fuel produced is capable of being burned to produce the equivalent of less than six billion Btu of heat a day or if the facility is otherwise exempt from Siting Council jurisdiction under ORS 469.320(2). Although the County is considered rich in alternative energy sources, a study of potential sites would provide more specific information on where these sources exist. The map would also allow a comparison between the energy sites and other protected resources. Home and Business Alternative Energy Generation The following are known viable sources of alternative energy production for individual homes and businesses in Deschutes County. Impacts to be managed from these uses are increasingly understood and are limited by the size of the projects. In 2010 the County is in the process of creating code to permit small wind turbines for home or business use. Wind Small electric wind turbines for residential or small commercial use convert the energy of the wind to electricity. A small wind turbine typically can produces from 500 watts to 100 kilowatts of electricity, typically producing up to 10 kilowatts. Small turbines -ate ranges in height from 60-100 feet in height. Unobstructed access to a consistent wind resource is necessary for safe, efficient operation of wind turbines. Oregon law allows landowners to secure a "wind energy easement" to ensure the undisturbed flow of wind across a site (ORS 105.900 - .915). The electricity generated can be stored in batteries for times of limited wind. If there is a connection to a traditional power grid and excess electricity is produced, it is sometimes possible to sell the excess to the local utility. The primary impacts from small wind generation that need to be considered include: height of the structure, lot size, setbacks, noise, aesthetics, abandonment and wildlife impacts. Solar Generally, small solar electric generating systems use photovoltaic cells on the roof of a building to produce electricity from the radiant energy of the sun. The impacts from individual solar projects are regulated through building regulations, rather than land use regulations. The 58 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.8 ENERGY RESOURCES main issue with home or business use of solar energy is that as of 2010 it is not competitively priced and requires subsides. This is anticipated to change as the technology improves. Biomass Biomass is solar energy stored in organic material from living plants. The most common and most widely used source of biomass is firewood used to heat homes and to a lesser extent small businesses. Additionally, biomass materials are being produced from waste products, such as crop residue or forest thinning. The primary impact from home or business use of biomass is air pollution. Although considered carbon neutral since the carbon release through burning was carbon that was absorbed during the growth of the material and would be released as the material decays, the particles caused by the burning may impact air quality. Regulations limiting the burning of firewood are often enacted in urban areas, but are not as useful in rural communities. Commercial Energy Generation The State oversees construction and approval of large commercial energy facilities, as noted above. However there is a role for local governments to oversee smaller commercial projects. Commercial energy generation is considerably more complex than permitting small projects for homes and businesses. From a land use perspective, the scale, extended time frame, investment required and numerous required components all complicate the approval process. For example, to move the electricity generated at an alternative energy facility to market there is often a need for approval of roads, transmission lines or substations. The accessory facilities may or may not be at the same site as the main facility, but are an integral part of the project and are currently reviewed separately, based on State regulations. Although the commercial alternative energy systems listed below have some similarities, there are often different requirements, advantages and impacts to be considered. The primary impact they all share is that they are large industrial structures that will impact the land through the construction process, causing noise, dust, erosion, the spread of noxious weeds and similar damages. These impacts can generally be controlled through proper management of the site. Other types of impacts to be noted are listed below. Wind Energy Generation There is a growing interest in commercial wind farms. As of 2010, a wind farm is undergoing approval in Crook County, with some accessory uses to the wind farm being approved in Deschutes County. Wildlife impacts: Construction of wind energy projects may have both temporary and permanent impacts on wildlife habitat. Bird or bat fatalities from collision with turbine towers or blades have been reported. Requiring an applicant to conduct appropriate pre -construction wildlife surveys as well as post -construction monitoring can address wildlife concerns. Visual impacts: The need for high towers and exposure to open terrain is inherent in the function of wind turbines, and therefore some visual impact is unavoidable. Careful placement with a thought to nearby roads and homes can aid in limiting the visual impacts. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I - 13-1 1 59 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.8 ENERGY RESOURCES 5ect%ovi, 2.8 &vtergH PoLtctes Goals and Policies (9-30401 13 11) Goal I Promote energy conservation. Policy 2.8.1 Incorporate energy conservation into the building and management of all County operations and capital projects using regular energy audits to refine the results. Policy 2.8.2 Reduce energy demand by supporting energy efficiency in all sectors of the economy. Policy 2.8.3 Encourage energy suppliers to explore innovative alternative energy conservation technologies and provide energy audits and incentives. Policy 2.8.4 Support stakeholders that promote energy conservation. Policy 2.8.5 Review County Code and revise as needed to ensure effective energy conservation regulations, including such as revising County Code on solar energy to create flexibility and permit exceptions for small properties and sites with specific anomalies. Goal 2 Promote affordable, efficient, reliable and environmentally sound energy systems for individual homes and businesses consumers. Policy 2.8.6 Review County Code and revise as needed to permit alternative energy systems for homes and businesses and mitigate impacts on neighboring properties and the natural environment. Policy 2.8.7 Support incentives for homes and businesses to install alternative energy systems. Goal 3 Promote affordable, efficient, reliable and environmentally sound commercial energy facilities. Policy 2.8.8 Review County Code and revise as needed to develop an efficient permitting process and effective siting standards for commercial renewable energy projects that address all project components as well as environmental and social impacts. Policy 2.8.9 Support commercial renewable energy projects, including the following: a. Review the concept of Rural Renewable Energy Development Zones; b. Support studies that identify and inventory potential significant commercial energy resource sites; c. Examine alternatives to protect identified significant commercial energy resource sites; d. Support the use and marketing of methane gas from County Landfills. Policy 2.8.10 Encourage commercial renewable energy providers to supply local power. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.8 ENERGY RESOURCES 63 Clean Water Water quality issues cannot be separated from the issues of water availability and the health of rivers and streams. Concerns over water quantity and quality were noted frequently in public meetings as a key issue for the County going forward. Water issues are addressed in this Plan in Section 2.5 Water Resources and Section 3.10 under South Deschutes County's Regional Problem Solving for south Deschutes County. Clean Land Land provides essential food, shelter, raw materials and plant and animal habitat. Maintaining healthy and productive land is key to every section of this Plan. Yet, land quality is generally discussed in relationship to specific developed sites with possible pollution, such as gas stations, land fills or dry cleaners. DEQ maintains a list of potentially polluted sites in Deschutes County and works with property owners to enforce state and federal regulations. Any development has an impact on the land and many of those impacts can be controlled though understanding, education and if needed, regulation. The issues below are those that have been raised and have not been addressed in other sections of this Plan. Noxious Weeds Noxious weeds are a big issue in Deschutes County. These non-native and sometimes poisonous species overrun native vegetation, shelter undesirable insects, steal scarce water and infest crops. They can and do grow anywhere, but thrive on disturbed surfaces. Roadsides, former farmlands, inactive surface mines and non -landscaped areas around construction sites are all prime habitat. Weeds on any one property have a major affect on the maintenance of other properties. The County has a Weed District as defined by Oregon Revised Statute (ORS) 570.500-600, with a Board that oversees education and active weed eradication. Enforcement procedures have been initiated that include citations and fines. A review of opportunities to regulate weeds through the Zoning Code should be explored. These regulations should require not just eradication but also restoration, to prevent further infestations. Sustainable Green Building Both during construction and over time, buildings impact the environment. Green building focuses on design, construction and operation of buildings that efficiently use energy, water and materials, while promoting a clean environment. Environmentally friendly development can be extended to include utility facilities/lines and roads. There are industry accepted standards that have been developed for creating low impact and efficient buildings, such as those of the Leadership in Energy and Environmental Design. Additionally innovative, environmentally -friendly building techniques, like straw bale construction are regularly being proposed. The County can review the State building code to promote flexibility and safety in reviewing design innovations. Another step is to continue to promote green building by providing information to the public. Noise and Light Pollution Noise is often defined as unwanted sound. It can vary in frequency, duration and intensity. In Deschutes County noise is regulated in the Health and Safety section of County Code. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I -13-1 I CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.9 ENVIRONMENTAL QUALITY 65 SectLovt. 2.9 & vi rov►,vv.evttaL Q. cc LLti Policies Goals and Policies (9 30 10 1 13 I I) Goal I Maintain and improve the quality of the air, water and land. Policy 2.9.1 Support environmental stewardship in County operations and capital projects, including where feasible, using resource -efficient building techniques, materials and technologies in County building projects. Policy 2.9.2 Maintain County noise and outdoor lighting codes and revise as needed. Policy 2.9.3 Where research identifies environmentally sensitive areas, work with stakeholders to protect those areas or minimize adverse land use or development impacts. Policy 2.9.4 Be a leader in the control of noxious weeds and invasive species through education and regulations. a. Support education for the community and for County departments on how to recognize and report on noxious weeds. Goal 2 Promote sustainable building practices that minimize the impacts on the natural environment. Policy 2.9.5 Goal 3 Policy 2.9.6 Review County Code and revise as needed to promote the use of resource - efficient building and landscaping techniques, materials and technologies for new construction and renovation projects. Encourage and increase recycling. Encourage and support reuse through education and recycling through the Recycling Program. a. Provide convenient recycling at all County events and in all County facilities. b. Provide convenient opportunities to recycle materials and compost green waste in locations at transfer stations and through home pick up. c. Provide convenient opportunities for disposal of hazardous waste and e - waste. d. Aim for 80% recycling of construction waste in all County building projects. e. Promote 20% recycling of construction waste in all projects requiring a building permit. f. Support businesses and industries that utilize recyclable materials. 68 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.9 ENVIRONMENTAL QUALITY sect%ov►, 3.4 Rural, &cowovu.H PoLLcttes Goal and Policies (9 30 101-13-11) Goal I Maintain a stable and sustainable rural economy, compatible with rural lifestyles and a healthy environment. Policy 3.4.1 Promote rural economic initiatives, including home-based businesses, that maintain the integrity of the rural character and natural environment. a. Review land use regulations to identify legal and appropriate rural economic development opportunities. Work with stakeholders to promote new recreational and tourist initiatives that maintain the integrity of the natural environment. Support a regional approach to economic development in concert with Economic Development for Central Oregon or similar organizations. Support regional educational facilities and workforce training programs. Support renewable energy generation as an important economic development initiative. Support and participate in master planning for airports in Deschutes County. Policy 3A.2 Policy 3.4.3 Policy 3.4.4 Policy 3.4.5 Policy 3.4.6 Lands Designated and Zoned Rural Commercial - these policies have been retained intact with the exception of adding 3.4.6-7 Policy 3.4.67 Update the policies for lands designated Rural Commercial as needed. Policy 3.4.78 Rural Commercial designated lands located outside of urban growth boundaries shall allow uses less intense than those allowed in unincorporated communities as defined by Oregon Administrative Rule 660-22 or its successor. Policy 3.4.89 Rural Commercial zoning shall be applied to Deschutes Junction, Deschutes River Woods Store, Pine Forest, Rosland and Spring River. Policy 3.4.910 In Spring River there shall be a Limited Use Combining Zone. Policy 3.4.1-811 County Comprehensive Plan policies and land use regulations shall ensure that new uses authorized on Rural Commercial designated lands do not adversely affect agricultural and forest uses in the surrounding areas. Policy 3.4.1-1-12 New commercial uses shall be limited in size to 2,500 square feet or if for an agricultural or forest -related use, 3,500 square feet. Policy 3.4.11-213 A lawful use existing on or before November 5, 2002 that is not otherwise allowed in a Rural Commercial zone, may continue to exist subject to the county's nonconforming use regulations. Policy 3.4.1314 An existing lawful use may expand up to 25 percent of the total floor area existing on November 5, 2002. Policy 3.4.4-415 The Rural Commercial zoning regulations shall allow a mixed use of residential or rural commercial uses. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-1 I CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.4 RURAL ECONOMY 13 Policy 3.4.1-516 Residential and commercial uses shall be served by DEQ approved on- site sewage disposal systems. Policy 3.4.1-617 Residential and commercial uses shall be served by on-site wells or public water systems. Policy 3.4.-1-718 Community sewer systems, motels, hotels and industrial uses shall not be allowed. Policy 3.4.4819 Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted. Lands Designated and Zoned Rural Industrial — these policies have been retained intact with the exception of adding 3.4.19 Policy 3.4.920 Update the policies for lands designated Rural Industrial as needed. Policy 3.4.2-021 To assure that urban uses are not permitted on rural industrial lands, land use regulations in the Rural Industrial zones shall ensure that the uses allowed are less intensive than those allowed for unincorporated communities in OAR 660-22 or any successor. Policy 3.4.2-22 Limited Use Combining zones shall be applied to the Redmond Military (Tax lot 15130000001 1 6), Deschutes Junction (Tax lot 161226C000301) and Wickiup Junction (Tax lot 21 1030000104) to ensure permitted uses are compatible with surrounding farm and forest lands. Policy 3.4.22-23 To ensure that the uses in Rural Industrial zone on tax lot 16-12-26C- 301, as described in Exhibit "C" and depicted on Exhibit "D" attached to Ordinance 2009-007 and incorporated by reference herein, are limited in nature and scope, the Rural Industrial zoning on that site shall be subject to a Limited Use Combining Zone which will limit the uses to storage, crushing, processing, sale and distribution of pumice. Policy 3.4.2324 Land use regulations shall ensure that new uses authorized within the Rural Industrial sites do not adversely affect agricultural and forest uses in the surrounding area. Policy 3.4.2425 New industrial uses shall be limited in size to a maximum floor area of 7,500 square feet per use within a building, except for the primary processing of raw materials produced in rural areas, for which there is no floor area per use limitation. Policy 3.4.2-526 A lawfully established use that existed on or before February 2, 2003 not otherwise allowed in a Rural Industrial zone may continue to exist subject to the county's non -conforming use regulations. I Policy 3.4.2627 A lawfully established use that existed on or before February 2, 2003 may be expanded to occupy a maximum of 10,000 square feet of floor area or an additional 25 percent of t he floor area currently occupied by the existing use, whichever is greater. 14 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.4 RURAL ECONOMY Policy 3.4.2728 Residential and industrial uses shall be served by DEQ approved on-site sewage disposal systems. Policy 3.4.2829 Residential and industrial uses shall be served by on-site wells or public water systems. Policy 3.4.2930 Community sewer systems shall not be allowed in Rural Industrial zones. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I-13-11 15 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.4 RURAL ECONOMY • Lands that meet the definition of "suburban" or "urban"; in some cases, "rural" lands may be included within a forestland -urban interface area for the purpose of maintaining meaningful, contiguous boundaries. • Lots that are developed, that are 10 acres in size or smaller, and which are grouped with other lots with similar characteristics in a minimum density of four structures per 40 acres. Once forestland -urban interface areas are identified, a committee applies fire -risk classifications. The classifications range from `low" to "extreme," and are used by a property owner to determine the size of a fuel break that needs to be established around a structure. Oregon Department of Forestry supplies information about the acts' fuel -reduction standards and mails each property owner a certification card, which may be signed and returned to that agency after the fuel -reduction standards have been met. Deschutes County is one of two counties in Oregon that has fully implemented the Act. Senate Bill 360 requirements have been applied county -wide. Residents can maintain their defensible space through incentive programs such as the spring and fall Fire Free Clean Up days. Local fire departments and the Fire Prevention Co-op provide education. Monitoring is conducted by visits to the area and ongoing educational campaigns for homeowners. Firewise Communities The national Firewise Communities program is a multi -agency effort designed to involve homeowners, community leaders, planners, developers, and others in the effort to protect people, property, and natural resources from the risk of wildland fire - before a fire starts. The Firewise Communities approach emphasizes community responsibility for planning in the design of a safe community as well as effective emergency response, and individual responsibility for safer home construction and design, landscaping, and maintenance. The Central Oregon District has thrcc eight Firewise Communities USA neighborhoods nationally recognized in the state of Oregon: Fall River in 2004, Caldera Springs and Wildriver in 2007, in 2007Cascade Meadows, Aspen Lakes, Awbrey Glen and River Meadow in 2009 and Crosswater in 2010. Working closely with communities is key in achieving defensible space. Project Wildfire Project Wildfire is the result of a Deschutes County collaborative effort to create long-term wildfire mitigation strategies and provide for a disaster -resistant community. Created through Deschutes County Code 8.24.010 and governed by a Steering Committee appointed by the Board of County Commissioners, Project Wildfire coordinates and implements strategies to mitigate the effects of losses due to natural disasters. This group reaches out to the community with FireFree, a fire education program. They also facilitate Community Wildfire Protection Plans. Finally Project Wildfire coordinates the implementation of fuel reduction programs and renewable uses for the materials that are removed. Project Wildfire Duties • To reduce potential loss of life and property through natural and human disasters by enhancing public awareness, expanding community partnerships and prioritizing potential hazard mitigation projects, using stakeholder and citizen input. • Advise the Board of County Commissioners, Project Wildfire staff and the Deschutes County Office of Emergency Management and other agencies and programs on adoption DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I - 13-1 I CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.5 NATURAL HAZARDS 19 and implementation of wildfire mitigation and other natural hazard projects, including but not limited to Hazard Mitigation programs approved by the Federal Emergency Management Agency. Project Wildfire Advisory Responsibilities • To make suggestions to stakeholders concerning disaster response plans, needed changes in state or local laws and provide assistance to implement such suggestions. • To make recommendations on disaster planning as appropriate or as requested by the Board of County Commissioners or other stakeholders. Partnerships Project Wildfire builds partnerships, sharing resources and eliminating redundancies that allow the community to succeed where other solo organizations or individuals cannot. Table 3.5.2 - Project Wildfire Partner Organizations • Deschutes County • Oregon Office of State Fire Marshal • Deschutes County Rural Fire Protection District No. 2 • Deschutes National Forest - USFS Redmond Fire and Rescue • Oregon Department of Forestry • Jefferson County Fire District • Bureau of Land Management • La Pine Rural Fire Protection District • Central Oregon Fire Prevention Cooperative • Sunriver Fire Department • Keep Oregon Green • Sisters -Camp Sherman Fire District • Bend Chamber of Commerce • Southeast Bend Neighborhood Association • Bend Radio Group • Deschutes River Woods HOA • Combined Communications • Awbrey Butte Neighborhood Association • Horizon Broadcasting • City of Bend Fire Department • Every Idea • Ponderosa Pines HOA • Redmond Chamber of Commerce • Sunriver • Awbrey Glen HOA • Tillicum Village HOA • Woodside Ranch HOA 2005 2007 2010 Accomplishments Project Wildfire has had many accomplishments, such as those listed below. • Successfully competed for approximately $8.3 million from a variety of grant funds • Successfully treated over 2,000 acres of private and county owned lands utilizing National Fire Plan Fuels Treatment grants • Treated 63,805 acres of private lands for wildland fuels treatment • Implemented a Low Income Fuels Treatment Assistance program • Collected 197,494238,562 cubic yards of FireFree woody debris sincc 1998 • Developed a partnership with a biomass company (T2) to grind woody debris from FireFree defensible space efforts and the fuels treatment contracts that the county administers, to produce clean electricity • Conducted outreach and education seminars • As liaison with federal and state partners, treated an average of 18,000 acres annually of within the WUI as identified by the CWPPs • In partnership with Oregon Department of Forestry implemented the Oregon Forestland - Urban Interface Fire Protection Act of 1997 20 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN — 2010 REV 1-13-11 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.5 NATURAL HAZARDS Seci ov►, 3.5 Natu.raL H-azards PoLtcLes Goal and Policies (940—I -0I 13-1 1) Goal I Protect people, property, infrastructure, the economy and the environment from natural hazards. Policy 3.5.1 Adopt by reference the 2010most recent Deschutes County Natural Hazards Mitigation Plan into this Plan. a. Review and evaluate the Natural Hazard Mitigation Plan and this Section of the Comprehensive Plan every five years. Cooperate and coordinate with stakeholders, including the Rcd Cross to: a. Analyze and address natural hazards; b. Raise public awareness of natural hazards; c. Support research or studies on natural hazard issues and solutions. Coordinate with emergency service providers when new development is proposed. Provide incentives and if needed regulations, to manage development in areas prone to natural hazards. Development should be designed to minimize alteration of the natural land form in areas subject to slope instability, drainage issues or erosion. Critical facilities (schools, churches, hospitals and other facilities as defined by the Federal Emergency Management Agency) should be located outside high risk natural hazard areas, where possible. Address wildfire danger particularly in the wildland urban interface. a. Survey and map wildfire hazard at risk areas using the Wildfire Hazard Identification and Mitigation System. b. Survey and map all areas not protected by structural fire protection agencies. Support forest management practices that reduce severe wildfire hazard areas, as identified by the Wildfire Hazard Identification and Mitigation System, to a low or moderate rating, particularly in areas with development. Support local fire protection districts and departments in providing and improving fire protection services. Regulate development in designated floodplains identified on the Deschutes County Zoning Map based on Federal Emergency Management Act regulations. a. Participate in and implement the Community Rating System as part of the National Flood Insurance Program. b. Cooperate with other stakeholders to identify alternatives for acquiring and/or relocating existing structures prone to flooding. Policy 3.5.2 Policy 3.5.3 Policy 3.5.4 Policy 3.5.5 Policy 3.5.6 Policy 3.5.7 Policy 3.5.8 Policy 3.5.9 Policy 3.5.10 24 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN -2010 REV 1-13-11 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.5 NATURAL HAZARDS Policy 3.5.1 I Review and revise County Code as needed to: a. Ensure that land use activities do not aggravate, accelerate or increase the level of risk from natural hazards. b. Address wildfire concerns to and from development, through consideration of site location, building construction and design, landscaping, defensible space, fuel management, access and water availability. c. Require development proposals to include an impact evaluation that reviews the ability of the affected fire agency to maintain an appropriate level of service to existing development and the proposed development. d. Minimize erosion from development and ensure disturbed or exposed areas are promptly restored to a stable, natural and/or vegetated condition using natural materials or native plants. e. Ensure drainage from development or alterations to historic drainage patterns do not increase erosion on-site or on adjacent properties. f. Make the Floodplain Zone a combining zone and explore ways to minimize and mitigate floodplain impacts. g. Encourage new subdivisions and destination resorts to achieve FireWise Standards. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I -13-1 1 25 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.5 NATURAL HAZARDS Sectiovk 3.6 Pu.bl,Lc fac%L%tLes av>,ol Sevvtces Policies Goal and Policies ($40-101 13-11) Policies in [brackets] are staff recommendations Goal I Policy 3.6.1 Policy 3.6.2 Policy 3.6.3 Policy 3.6.4 Policy 3.6.5 Policy 3.6.6 Policy 3.6.7 Policy 3.6.8 Policy 3.6.9 Policy 3.6.10 Policy 3.6.1 I Policy 3.6.12 Policy 3.6.13 Support the orderly, efficient and cost-effective siting and -provision -of rural public facilities and services. Encourage the formation of special service districts to serve rural needs rather than have the County serve those needs. Encourage early planning and acquisition of sites needed for public facilities, such as roads, water and wastewater facilities. Support community health clinics, where thcrc is a dcmonstratcd nccd. Where possible, maintain County offices in locations convenient to all areas of the county. Support the County Fairgrounds as a community gathering place, event facility and home to the annual County Fair. Maintain the County Fairgrounds as an emergency building readiness location. Before disposing of County -owned property review whether the land is appropriate for needed public projects such as schools, health clinics, fire stations or senior centers. Coordinate with rural service districts and providers to ensure new development is reviewed with consideration of service districts and providers needs and capabilities. New development shall address impacts on existing facilities and plans through the land use entitlement process. Support education districts, library districts and recreation districts in meeting community needs, such as meeting spaces. Where possible, locate utility lines and facilities on or adjacent to existing public or private right-of-ways and to avoid dividing farm or forest lands. Review public facilities and services to minimize impacts of the facilities on the larger community. a. {Review and revise as needed County Code to require screening of ccrccn public facilities including power generating facilities and sewage treatment plants, and to address impacts from cell towers.] Support the creation of a landfill overlay zone. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV I -13-1 I CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.6 PUBLIC FACILITIES AND SERVICES 31 5ect%ovk 3.8 Ru.raf, Recreat%ovu PoLLcLes Goal and Policies (9 30 101 13 I I) Goal 1 Promote a variety of passive and active park and recreation opportunities through a regional system that includes federal and state parks and local park districts. Policy 3.8.1 Cooperate with public agencies and local park districts to provide park and recreation lands, facilities and opportunities. a. The Statewide Comprehensive Outdoor Recreation Plan and State Park Master Plans shall serve as a basis for coordination on County -wide park and recreation issues. b. Support exceptions to Statewide Planning Goals for urban fringe areas owned or acquired and operated by park and recreation districts. Work cooperatively with public agencies to promote standards for consolidation of public land access and to ensure recreational entry to those lands, especially along rivers and streams. Encourage coordination between the U.S. Forest Service, the Bureau of Land Management and off-road vehicle organizations to regulate use of motorized vehicles, including motorbikes, ATVs and snowmobiles in order to minimize environmental degradation, agricultural fragmentation and user conflicts on private property. Participate in federal recreation planning on federal lands and state park planning on State lands. Support accessible park and recreation opportunities in compliance with the Americans with Disabilities Act. Policy 3.8.2 Policy 3.8.3 Policy 3.8.4 Policy 3.8.5 Policy 3.8.6 Policy 3.8.7 Policy 3.8.8 Policy 3.8.9 Policy 3.8.10 Support efforts to coordinate recreation planning between park and recreation districts, school districts and cities. Work with Unincorporated Communities that express an interest in parks, open spaces and community centers. Coordinate trail design and funding with transportation system plans and support efforts to provide and manage rural trail segments and bicycle routes. Support the Committee on Recreational Assets in identifying priority recreational projects, including incorporating as appropriate, elements of the Committee on Recreational Assets into this Plan. Update County Code as needed to define rural recreational uses such as private parks. 40 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.8 RURAL RECREATION Sect%ovl, 39 DestLn& ttovt, Resort Policites Note — Items in Italic were not part of Ordinance 2010-024 Goals and Policies (940401-13-1 I) Goal 1 Provide for development of destination resorts in the County consistent with Statewide Planning Goal 8 in a manner that will be compatible with farm and forest uses, existing rural development, and in a manner that will maintain important natural features, such as habitat of threatened or endangered species, streams, rivers and significant wetlands. Policy 3.9.1 Deschutes County shall adopt a map showing where destination resorts can be located in the county. Such map shall become part of the Comprehensive Plan and Zoning Ordinance and shall be an overlay zone designated Destination Resort (DR). Policy 3.9.2 Destination resorts shall only be allowed within areas shown on the "Deschutes County Destination Resort Map" and when the resort complies with the requirements of Goal 8, ORS 197.435 to 197.467, and Deschutes County Code 18.113. Policy 3.9.3 Applications to amend the map will be collected and will be processed concurrently no sooner than 30 months from the date the map was previously adopted or amended as described in Deschutes County Code 22.23. Policy 3.9.4 Work with resort providers developers and County -county residents to determine revisions to destination resort code that will adequately mitigate concerns over resort impacts. identify adverse imbacts of resorts and implement mitigations for those impacts. Policy 3.9.5 Explore opportunities for small destination resorts. Goal 2 Provide a process for the siting of destination resorts on rural lands that have been mapped by Deschutes County as eligible for this purpose. Policy 3.9.6 The County shall ensure that destination resorts are compatible with the site and adjacent land uses through enactment of land use regulations that, at a minimum, provide for the following: a. Maintenance of important natural features, including habitat of threatened or endangered species, streams, rivers, and significant wetlands; maintenance of riparian vegetation within 100 feet of streams, rivers and significant wetlands; and b. Location and design of improvements and activities in a manner that will avoid or minimize adverse effects of the resort on uses on surrounding lands, particularly effects on intensive farming operations in the area and on the rural transportation system. In order to adequately assess the effect on the transportation system, notice and the opportunity for comment shall be provided to the relevant road authority. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-1 I CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.9 DESTINATION RESORTS 45 c. Such regulations may allow for alterations to important natural features, including placement of structures, provided that the overall values of the feature are maintained. Policy 3.9.7 Minimum measures to assure that design and placement of improvements and activities will avoid or minimize the adverse effects shall include: a. The establishment and maintenance of buffers between the resort and adjacent land uses, including natural vegetation and where appropriate, #eneedfences, berms, landscaped areas, and other similar types of buffers. b. Setbacks of structures and other improvements from adjacent land uses Policy 3.9.8 The County may adopt additional land use restrictions to ensure that proposed destination resorts are compatible with the environmental capabilities of the site and surrounding land uses. Policy 3.9.9 Uses in destination resorts shall be limited to visitor -oriented accommodations, overnight lodgings, developed recreational facilities, residential uses, commercial uses limited to types and levels necessary to meet the needs of visitors to the resort, and uses consistent with preservation and maintenance of open space. Policy 3.9.10 The zoning ordinance shall include measure that assure that developed recreational facilities, visitor -oriented accommodations and key facilities intended to serve the entire development are physically provided or are guaranteed through surety bonding or substantially equivalent financial assurances prior to closure of sale of individual lots or units. In phased developments, developed recreational facilities and other key facilities intended to serve a particular phase shall be constructed prior to sales of lots in that phase or guaranteed through surety bonding. Policy 3.9. I I For each approved resort, maintain a spreadsheet showing at minimum, lots platted, houses built, commercial and recreational facilities provided, overnight lodging built and if necessary bonded, property taxes paid, lodging taxes collected and open space acreage. Goal 3 Provide for the siting of destination resort facilities that enhance and diversify the recreational opportunities and economy of Deschutes County. Policy 3.9.12 To assure that resort development does not conflict with the objectives of other Statewide Planning Goals, destination resorts shall, pursuant to Goal 8, not be sited in Deschutes County in the following areas a. Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort; b. On a site with 50 or more contiguous acres of unique or prime farm land identified and mapped by the Soil Conservation Service or within three miles of farm land within a High -Value Crop Area; c. On predominantly Cubic Foot Site Class 1 or 2 forest lands which are not subject to an approved Goal exception; 46 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-11 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.9 DESTINATION RESORTS • sectleoK, 3.10 Area specieflea PoLkLes Goals 2 through 6 and Policies 3.10.5 through 3.10.8 are retained intact from Plan 2000 Policy 3.10.4 is substantially similar to 23.40.020(F)( I )(i) in Plan 2000 Goals and Policies (9 30410 1 13 11) Goal I Create area specific land use policies and/or regulations when requested by a community and only after an extensive public process. Policy 3.10.1 Maintain a list of communities interested in area specific policies and as resources permit, initiate public processes to address local issues. South Deschutes County Policy 3.10.2 Develop a south county community plan and adopt it as a subsection of this Plan. Policy 3.10.3 Support the leadership of the Department of Environmental Quality in working with the community to address high groundwater protection issues. Policy 3.10.4 To the maximum extent allowed by law, reinvest net proceeds from the development or sale of County -owned real property in the La Pine Neighborhood Planning Area, now in the City of La Pine„ into future improvements such as roads, parks, open space development and maintenance, public buildings and on-site and off-site water and wastewater facility improvements or expansion, in the City of La Pine or Regional Problem Solving study area. Regional Problem Solving - This section has been retained substantially intact Goal 2 Goal 3 Goal 4 Preserve water and air quality, reduce wildfire hazards and protect wildlife habitat. Ensure that domestic water derived from groundwater meets safe drinking water standards. Develop an equitable, market-driven system, that reduces the potential development of existing lots in floodplains, wetlands, mule deer migration corridors and areas susceptible to groundwater pollution. Goal 5 Create a new neighborhood, primarily residential in character, between La Pine and Wickiup Junction, that provides services efficiently, sustains economic development and reduces adverse impacts to groundwater quality in South Deschutes County. Goal 6 Explore innovative sewage treatment and disposal methods. Policy 3.10.5 The County shall continue to work with landowners, citizens, community organizations and governmental agencies at the local, state and federal level to: a. Continue collaborative work on the Regional Problem Solving project. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-1 I CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC POLICIES 57 sectioik 4.2 Rik atA,tzatiovt Background This section describes the coordination between the County and the cities of Bend, La Pine, Redmond and Sisters on Urban Growth Boundaries and Urban Reserve Areas. Statewide Planning Goal 2 recognizes the importance of coordinating land use plans. "City county state and federal agency and special district plans and actions related to land use shall be consistent with the comprehensive plans of cities and counties and regional plans adopted under ORS Chapter 268." Oregon Revised Statute 197.015(5) goes further to define comprehensive plan coordination. "A plan is "coordinated" when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible." Population An important basis for coordinating with cities is adopted population projections. Having an estimate of anticipated population growth is the first step to planning for future growth and conservation. ORS 195.025(1) requires counties to coordinate local plans and population forecasts. The County oversees the preparation of a population forecast in close collaboration with cities. This is important because the population of the County has increased significantly in recent decades and a coordinated approach allows cities to ensure managed growth over time. Table 4.2.1 — Population Growth in Deschutes County 1980 to 2000 Sources 1980 1990 2000 2010 Population Research Center July 1 estimates 62,500 75,600 116,600 US Census Bureau April 1 counts 62,142 74,958 115,367 Source: As noted above In 1996 Bend, Redmond, Sisters and the County reviewed recent population forecasts from the Portland State University Center Population and Research Center and U.S. Census, the Department of Transportation, Woods and Poole, Bonneville Power Administration and the Department of Administrative Services Office of Economic Analysis. After reviewing these projections, all local governments adopted a coordinated population forecast. It was adopted by Deschutes County in 1998 by Ordinance 98-084. The results of the 2000 decennial census and subsequent population estimates prepared by the Portland State University Population Research Center (PRC) revealed that the respective populations of the County and the incorporated cities were growing faster than anticipated under the 1998 coordinated forecast. The cites and the County re-engaged in a coordination process between 2002 and 2004 that culminated with the County adopting a revised population forecast that projected population to the year 2025. It was adopted by Ordinance 2004-012 and upheld by the Land Use Board of Appeals on March 28, 2005. The following table displays the 2004 coordinated population forecast for Deschutes County and the Urban Growth Boundaries (UGBs) of the cities of Bend, Redmond, and Sisters. 4 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN — 2010 REV 1-13-11 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION Redmond The City of Redmond legislatively amended its Urban Growth Boundary in August 2006 when its City Council and the Board of County Commissioners adopted respective ordinances. The Redmond UGB expansion covered 2,299 acres and satisfied a 20 year demand for residential and neighborhood commercial land. La Pine In 2010 La Pine adopted the city's first Comprehensive Land Use Plan. The city established an UGB that matches the City's boundaries, because the newly formed City contains adequate undeveloped land for future housing, commercial and industrial needs. The Plan map includes land use designations intended to provide an arrangement of uses to ensure adequate and efficient provision of public infrastructure for all portions of the City and UGB. Urban Reserve Area Redmond In December 2005, Redmond City Council and the Board of County Commissioners adopted a 5,661 acre Urban Reserve Area (URA) for the City of Redmond. It is the largest urban reserve designation in Oregon and the first in Central Oregon. This is the first URA in Central Oregon because most cities find urban reserve areas, planning farther into the future than the 20 -year urban growth boundary timeframe, challenging, Coordination As noted above Statewide Goal 2 and State Statute .romote land use •tannin• coordination. The purposes of the urbanization goals and policies in this section are to provide the link between the urban and rural areas, and to provide some basic parameters within which the urban areas of Deschutes County can develop, although the specific comprehensive plan for each community shall be the prevailing document for guiding growth in its respective area. These policies will permit the County to review each city's comprehensive plan to ensure effective coordination between the County and each of the four cities. The Redmond and Deschutes County Community Development Departments received the Oregon Chapter of American Planning Association's (OAPA) Professional Achievement in Planning Award for the "Redmond Urban Reserve Area / Urban Growth Boundary Expansion Project.". The following quote taken from the Oregon Chapter of the American Planning Association's 2006 Awards Program shows why the Redmond Community Development Department was chosen for this award. "An outstanding effort to address Redmond's rapid population growth, including the successful designation of an Urban Reserve and the imminent designation of an Urban Growth Boundary, a "Framework Plan" with a requirement for master planning, and the establishment of "Great Neighborhood Principles." DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 REV 1-13-1 I CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION 7