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REVIEWED
L6 GAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
f i
An Ordinance Amending Ordi-
nance No. PL -15, Deschutes
County Zoning Ordinance of
1979, as Amended, To Define
Conservation Easement, Require*
Conservation Easement As
Condition of Approval For
Land Use Actions on Property
Adjacent to Certain Rivers
and Streams, Adopting Findings*
and Conlusions, and Declaring
an Emergency.
ORDINANCE NO. 86-054
VOL 72 FNGE 386
Kf'rFU,�`ND
'JUL 1966
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 1.030, Ordinance No. PL -15, Deschutes
County Zoning Ordinance of 1979, as amended, is further amended
to add the following definition:
"(25B) Conservation Easement. A non -possessory inter-
est in real property conveyed by the property
owner to the County, imposing limitations or
affirmative obligations concerning the use of
the property. The purposes of a conservation
easement include, but are not limited to, re-
taining or protecting natural, scenic or open
space values, public access, protecting natural
resources, maintaining or enhancing air and
water quality, and preserving the historical,
archaeological or cultural aspects of the prop-
erty."
Section 2. Article 5, Supplementary Provisions, Ordinance
No. PL -15, Deschutes County Zoning Ordinance of 19791 as amended,
is further amended to add the following:
"Section 5.500. Conservation Easements On Property
Adjacent To Rivers And Streams; Prohibitions.
(A) As a condition of approval of all land use
actions involving property adjacent to the
Deschutes River, Crooked River, Fall River,
Little Deschutes River, Spring River,
Paulina Creek, Squaw Creek and Tumalo
1 - ORDINANCE NO. 86-054
VOL 72 F,�r187
Creek, the property owner shall convey to
the County a conservation easement, as
defined in Section 1.030(25B) of this
Ordinance, affecting all property on the
subject lot which is within 10 feet of the
mean high water mark of the river or
stream.
(B) The form of the conservation easement shall
be as prescribed by the County and may
contain such conditions as the County deems
necessary to carry out the purposes de-
scribed in Section 1.030(25B) of this
Ordinance.
(C) Any public access required as part of a
conservation easement shall be subject to
the following conditions:
(1) Public access shall be limited to foot
traffic for recreational purposes and
the putting in or taking out of boats.
(2) Unless otherwise permitted by the
affected property owner, public access
does not allow public passage through
other private property to gain access
to the property subject to the conser-
vation easement.
(3) Unless otherwise permitted by state
law, county ordinance or the property
owner, no person on the subject
property as a result of a public
access requirement of a conservation
easement shall deposit solid waste,
damage or remove any property (inclu-
ding wildlife and vegetation) maintain
or ignite fires or fireworks, disc-
harge firearms, or camp."
Section 3. The Board of County Commissioners adopts as its
findi gs and conclusions supporting the amendments in Sections 1
and 2 of this Ordinance the Staff Report, dated May 21, 1986,
relating to the Deschutes River Corridor.
Section 4. 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.
2 - ORDINANCE NO. 86-054
VOL
DATED this day of , 1986.
BOARD OF COUNTY COMMINERS
OF D HUTW COUNTY, OR5tON
ATTEST:
Recording -7i Ccretary
3 - ORDINANCE NO. 86-054
BRISTOW PRANTE, Chair
A / DRI'C ?R' �u
A. T LE, Commissioner
)L , C mmissioner