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LEGAL C= LP141SEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending PL -20, The Deschutes * 122 APR 66 All ((: 2 �
County Year 2000 Plan, to Adopt Text and
Goals and Policies Concerning Forest Lands L=aN,,_L0 Vt
and Declaring an Emergency. 92�,125,�1 * Ck"ijN i `i' CLERi
ORDINANCE NO. 92-024 0111--1796
WHEREAS, Deschutes County has an acknowledged Comprehensive
Plan;
WHEREAS, Deschutes County has determined to implement the Oregon
Administrative Rule promulgated by the Land Conservation and
Development Commission concerning forest lands (Forest Rule); and
WHEREAS, public hearings have been held consistent with the
requirements of state law concerning implementation of the Forest
Rule in Deschutes County;
WHEREAS, in implementing the Forest Rule it is necessary to
amend certain portions of Ordinance No. PL -20, the Deschutes County
Year 2000 Plan; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS AS FOLLOWS:
Section 1. ADOPTION OF AMENDMENTS. Ordinance No. PL -20, the
Deschutes County Year 2000 Comprehensive Plan, as amended (Plan), is
further amended to change the Forest Lands discussion and Goals and
Policies, found on pages 120 through 123 therein, to read as set
forth in Exhibit "A," attached hereto and by this reference
incorporated herein.
Section 2. FINDINGS. The Board of County Commissioners adopts
as its findings and conclusions in support of these amendments the
text attached hereto as Exhibit "A" and by this reference
incorporated herein and the findings set forth as Exhibit "A" to
ordinance 92-026 and by this reference incorporated herein.
1 - ORDINANCE NO 92-024 (4/15/92)
HED
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011.-1797
Section 3. EMERGENCY. 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 day of April, 1992.
BOARD OF C UNTY COMMISSIONERS
OF DESS',Fr6'T S COUNTY, OREGON
, A;ommiss
2 - ORDINANCE NO 92-024 (4/15/92)
EXHIBIT A
FOREST LANDS 0111-1798
Much of the beauty and the employment in Deschutes County is
directly related to the large expanse of forest land. For
these reasons, this resource is of particular importance to
the County's two major industries, timber/wood products and
tourism. The great majority of the timber harvested consists
of Ponderosa and Lodgepole pine. [from the Deschutes
National Forest and other nearby public lands. It is
anticipated that growing demand combined with a stable or
perhaps small decline in available timber supply will result
in growing competition for log sales, and trends which is
already evident. One positive aspect of such competition is
an increasing amount of revenue obtained by the County as its
share of the monies received by the U.S. Forest Service.]
[It is hoped that increasing tourism and recreation revenues
will offset possible employment and income losses resulting
from decreasing timber production. Tourism is discussed
further in the chapter of Economy.]
One [growing] major problem is the increasing threat to local
timber supplies created by scattered developments occurring
in forested areas. This is particularly true if the
[residents or activities are] development is located outside
destination resorts or fire districts where fire protection
is available.
In order to meet the State Land Conservation and Development
Commission's requirement for an adequate inventory of forest
site capability the County Planning Department worked with
the State Department of Forestry. The resulting capabilities
map [may be] is found in the plan's resource element.
[Except in the LaPine area, where an exceptions statement
will be necessary because of the existing development] As
shown on the ma D most of the land with high [(Site Class 4)]
through moderate [(Site Class 6)] capability lies in the
Deschutes National Forest.
The U.S. Forest Service [has recently approved a Land
Management Plan for the Deschutes National Forest and the
other major Federal land manager,] and the Bureau of Land
Management have responsibility for regulating use of
federally -owned forest lands in the County pursuant to their
own respective management plans.[, is presently evaluating
its land for a variety of public purposes which will
ultimately become a management plan.] The decisions and
actions of these agencies have, and will continue to have,
major effects on the economic, social and natural environment
of Deschutes County.
Subsequent to the acknowledgement of the County's plan in
Exhibit A to Ordinance No. 92-024
Page 1
0111-1'799
1979, the Department of Land Conservation and Development
promulgated an administrative rule setting forth allowed
uses, siting conditions and minimum lot sizes in forest zones
(forest rule). Previous to that enactment, there was no
uniform criteria embodied in state law other than Goal 4's
general policy guidance regulating forest zones. The rule
requires that Counties implement its provisions no later than
the time set for periodic review. In 1992, as part of
periodic review of its comprehensive plan and zoning
ordinances, the County proceeded to implement the forest rule
by revising its forest zones. At the same time, the Forest
Lands Goals and Policies in the Comprehensive Plan were
reviewed and revised to conform then to the forest rule
provisions. The Goals and Policies, as amended by Ordinance
92-024, reflect the forest rule.
[Lot sizes in the F-3 Forest Use Area are predominantly 10
acres. The median lot size is 10 acres and the mean is 39
acres (private ownership mean is 20 acres)].
Because of the local importance of [local] forest lands the
following goal has been set:
erC reit
To conserve forest lands for forest uses.
POLICIES:
[1. In order that a reasonable forest zoning pattern may be
established, all forest land shall be assigned to one of
three classes:
F-1 Restricted Forest Land: Lands needed for watershed
protection, wildlife and fisheries habitat and
unusual or unique recreational opportunities (i.e.,
wilderness areas).
F-2 Commercial Forest Land: Lands composed of existing
and potential forest lands which are suitable for
commercial forest use.
F-3 Other Forest Land: Lands where extreme conditions
of climate, soil or topography require the
maintenance of vegetative cover, irrespective of
use, and forested lands in urban, rural and
agricultural areas which provide urban buffers,
wind breaks, wildlife and fisheries habitat,
livestock habitat, scenic corridors, recreational
use, or marginal commercial timber uses.]
1. Deschutes County shall designate forest lands on the
comprehensive plan map consistent with Goal 4 and OAR
660, Division 6.
Exhibit A to Ordinance No. 92-024
Page 2
0111-1800
[2. Restricted Forest Land (F-1) and Commercial Forest Land
(F-2) shall be protected for forest uses.]
2. Deschutes County shall zone forest lands for uses
allowed pursuant to OAR 660, Division 6. In addition to
forest practices and operations and uses auxiliary to
forest practices, as set forth in ORS 527.722, Deschutes
County shall allow in the forest environment the
following general types of uses:
a. Uses related to, and in support of, forest
operations;
b. Uses to conserve soil, air and water quality and to
provide for fish and wildlife resources,
agriculture and recreational opportunities
appropriate in a forest environment;
c. Locationally dependent uses such as comunication
towers, mineral and aggregate resources use, etc.;
d. Forest management dwellings as provided for in OAR
660-06-027; and
e. Other dwellings under prescribed conditions.
[3. Other Forest Land (F-3) zones shall be established upon
uncommitted land with moderate or better forest land
capability in the LaPine area, in order to protect and
manage forest and wildlife resources. The F-3 zone
shall not be used to protect the larger commercial
forest land parcels which shall be zoned F-2, but is to
be used to encourage small woodlot management and will
permit a single residence for the woodlot manager.
Minimum existing parcel size for being zoned F-3 shall
be 10 acres. Because 20 acres is a more reasonable
woodlot size, in order to protect the wildlife and
timber resources from too much scattered development and
so as to make public facilities delivery more efficient
(in light of existing problems), in the minimum new
parcel size for F-3 areas shall be 20 acres.]
3. In order to conserve and maintain the unimpacted forest
land base for forest use the county shall identify and
zone as F-1 those lands which have the following
characteristics:
a. Consist predominantly of ownerships not developed
by residences or non -forest uses.
b. Consist predominantly of contiguous ownerships of
160 acres or larger in size.
Exhibit A to Ordinance No. 92-024
Page 3
0111-1801
C. Consist predominantly of ownerships contiguous to
other lands utilized for commercial forest or
commercial farm uses.
d. Accessed by arterial roads or roads intended
primarily for forest management.
e. Primarily under forest management.
[4. Destination resorts shall be permitted as conditional
uses in F-2 and F-3 areas upon showing that the land
where the resort is to be established has no significant
commercial timber potential and that the resort
activities are sufficiently buffered so that they will
not adversely effect timber harvesting on adjacent or
nearby lands.]
4. In order to conserve and maintain impacted forest lands
for forest use the county shall identify and zone as F-2
those lands which have the following characteristics:
a. Consist predominantly of ownerships developed for
residential or other non -forest uses;
b. Consist predominantly of ownerships less than 160
acres in size;
C. Consist of ownerships generally contiguous to
tracts containing less than 160 acres and
residences, or adjacent to acknowledged exception
areas;
d. Provided with a level of public facilities and
services, including roads, intended primarily for
direct services to rural residences.
5. Except as identified in this plan non -forest uses shall
be discouraged in existing forested areas.
6. Forest management in Deschutes County shall be governed
by the Oregon State Forest Practices Act. [so as to
assure continued timber productivity].
7. Better coordination and cooperation between the U.S.
Forest Service and Deschutes County shall be fostered,
particularly as it relates to restrictive use of such
Forest Service lands as Mr. Bachelor Ski Area and the
Bend Watershed. As a basis for mutual cooperation and
coordination, the Land Management Plan for the Deschutes
National forest shall be used.
[8. Deschutes County shall file for an exception to State
Land Use Planning Goal 4 on such lands meeting the
exceptions criteria. All other forest lands shall be
protected for forest uses.]
Exhibit A to Ordinance No. 92-024
Page 4
[9. To assure "forest -related" dwellings are compatible with
forest uses and to encourage good forest management, a
forest management plan prepared in a manner consistent
with Department of Forestry guidelines shall be required
by the County before the dwelling's building permit is
issued. A site plan indicating that structures to be
constructed are located on the less productive land and
compatible with forest uses shall also be required.]
NOTE: Deleted wording is in brackets [ ]; new wording is
underlined and bold.
/mjz
Exhibit A to Ordinance No. 92-024
Page 5