HomeMy WebLinkAbout87-03287-25278
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHI
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An Ordinance Amending Ordi-
87 QET 10
AM 9: 07
nance No. PL -15, Deschutes
county zoning Ordinance of
1979, as Amended, To Exempt
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Certain Stretches of the
Deschutes River From Fill and
Removal Conditional Use Re-
quirements, and Declaring an
Emergency.
ORDINANCE NO. 87-032
WHEREAS, on June 30, 1986, the Deschutes County Board of
County Commissioners adopted Ordinance No. 86-056, which estab-
lished conditional use standards for fill and removal activities
in wetlands and all streams and rivers in Deschutes County,
including the Deschutes River; and
WHEREAS, the 1987 Oregon Legislative Assembly adopted, and
the Governor of Oregon approved, House Bill 2919, 1987 Oregon
Laws Chapter 291, which designates as scenic waterways the
following stretches of the Deschutes River:
(1) the segment from the gauging station immediately
below Wickiup Dam downstream approximately 28 miles to
General Patch Bridge (at river mile 199);
(2) the segment beginning at Harper Bridge (at river
mile 192) downstream approximately 20 miles to river
mile 172 above Bend, Oregon; and
(3) the segment beginning at Twin Bridges (at river
mile 154.5) downstream approximately 34.5 miles to Lake
Billy Chinook, excluding the Cline Falls Dam and
powerhouse between river mile 145 and 144; and
WHEREAS, ORS 390.835 (2) provides that fill and removal
activity in the bed or banks of any designated scenic waterway is
regulated by the Division of State Lands and the State Land
Board, and such activity is prohibited unless it is consistent
with the policies of the Scenic Waterways Act; and
WHEREAS, the Board of County Commissioners finds that it is
in the best interests of the citizens of Deschutes County that
fill and removal activity in the bed and banks of the stretches
of the Deschutes River designated as scenic waterways not be
regulated by both the State and the County, and that State
regulation under the Scenic Waterways Act will adequately protect
the resources of the designated stretches of the Deschutes River;
now, therefore,
KEY kD- ORDINANCE NO. 87-032
DEC- �7
X3089-* 0844
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON ORDAINS as follows:
Section 1. Paragraph (23) of Section 8.050, Ordinance No.
P1-15, Deschutes County Zoning Ordinance of 1979, as amended,
Specific Use Standards, Fill and Removal, is further amended to
add the following:
"(B) This Section shall not apply to fill and removal
activity in the bed or banks of the following stretches
of the Deschutes River which are within Deschutes
County:
(1) The segment from the gauging station
immediately below Wickiup Dam downstream
approximately 28 miles to General Patch
Bridge (at river mile 199);
(2) The segment beginning at Harper Bridge
(at river mile 192) downstream approximately
20 miles to river mile 172 above Bend,
Oregon; and
(3) The segment beginning at Twin Bridges (at
river mile 154.5) downstream approximately
34.5 miles to Lake Billy Chinook, excluding
the Cline Falls Dam and power house between
river mile 145 and 144."
Section 2. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
Dated this rZjt' day of 1987.
1987.
BOARD OF COUNTY COMM SIGNERS
OF /0SCHU�4�OUNT�EGON
LOIS
Chair
ATTFST: — TOMO T OOP otoffHnissioner
Recording Secretary DICK MAUDL N, ommissioner
2 - ORDINANCE NO. 87-032