2017 ORS 197.430¹
Enforcement powers

If the county governing body or the Land Conservation and Development Commission determines the existence of an alleged violation under ORS 197.410 (Use and activities regulated), it may:

(1) Investigate, hold hearings, enter orders and take action that it deems appropriate under ORS chapters 195, 196 and 197, as soon as possible.

(2) For the purpose of investigating conditions relating to the violation, through its members or its duly authorized representatives, enter at reasonable times upon any private or public property.

(3) Conduct public hearings.

(4) Publish its findings and recommendations as they are formulated relative to the violation.

(5) Give notice of any order relating to a particular violation of the state regulations for the area involved or a particular violation of ORS chapters 195, 196 and 197 by mailing notice to the person or public body conducting or proposing to conduct the project affected in the manner provided by ORS chapter 183. [1973 c.80 §31; 1977 c.664 §33; 1981 c.748 §14]

Note: Sections 1 to 8, chapter 636, Oregon Laws 2009, provide:

Sec. 1. The Legislative Assembly finds that:

(1) Providing for rural unemployment reductions and living wage job opportunities brings stability to economically distressed rural communities.

(2) Sections 1 to 9 of this 2009 Act are intended to reduce unemployment and create living wage jobs in economically distressed counties.

(3) Working forests make vital contributions to Oregon by providing jobs, timber, timber products, tax base and other social and economic benefits, by helping to maintain soil, air and water resources, by reducing levels of carbon dioxide in the atmosphere and by providing habitat for wildlife and aquatic life.

(4) Population growth, escalating land values, increasing risks due to wildfire and invasive species, and changes in land ownership and management objectives, with a resulting increase in conflict caused by dispersed residential development, require that new methods be developed to facilitate continued management of private lands zoned for forest use for timber harvest.

(5) It is the public policy of the State of Oregon to:

(a) Explore alternative methods to encourage the continued management of private forestlands for timber production.

(b) Protect water quality, wildlife habitat and other important natural resources by limiting location of dispersed residential development on forestlands.

(c) Provide for an orderly and efficient transition from rural to urban land uses by establishing locations at which residential development rights or development opportunities transferred from forestlands may be used.

(d) Provide for a limited number of demonstration projects for small-scale recreation communities that:

(A) Create incentives for economic development in areas that are in need of long-term job creation;

(B) Enhance the state’s leadership in sustainability and natural resource stewardship;

(C) Encourage appropriate public access to and stewardship of recreational resources on public lands consistent with the carrying capacity of the lands and resources; and

(D) Provide for additional sources of long-term funding for stewardship of natural resources. [2009 c.636 §1]

Sec. 1a. Sections 1 to 9 of this 2009 Act may be cited as the Rural Unemployment Reductions and Living-Wage Job Opportunities Bring Stability Act or the RURAL JOBS Act. [2009 c.636 §1a]

Sec. 2. As used in sections 2 to 5 of this 2009 Act:

(1) “Management plan” means the management plan for the Metolius River Basin that was recommended to the Legislative Assembly on April 2, 2009, by the Land Conservation and Development Commission.

(2) “Metolius resort site” means land mapped as eligible for destination resort siting under ORS 197.455 (Siting of destination resorts) by Jefferson County that has not been developed as a resort.

(3) “Overnight lodgings” has the meaning given that term in ORS 197.435 (Definitions for ORS 197.435 to 197.467).

(4) “Tract” has the meaning given that term in ORS 215.010 (Definitions). [2009 c.636 §2]

Sec. 3. (1) Notwithstanding ORS 215.700 (Resource land dwelling policy) to 215.780 (Minimum lot or parcel sizes), one or two small-scale recreation communities may be established as specified in sections 2 to 5, chapter 636, Oregon Laws 2009.

(2) The owner of a Metolius resort site may apply to a county for approval of a small-scale recreation community within three years after the effective date of this 2017 Act [June 29, 2017] if:

(a) Prior to June 29, 2010, the owner notified the Department of Land Conservation and Development that the owner elected to seek approval of a small-scale recreation community; and

(b) The owner renews the election described in paragraph (a) of this subsection within 30 days after the effective date of this 2017 Act.

(3) A small-scale recreation community authorized under sections 2 to 5, chapter 636, Oregon Laws 2009, may be established only in conjunction with a transfer of development opportunity from a Metolius resort site. A transfer of development opportunity must be carried out through an agreement between the owner of a Metolius resort site and the owner of the site proposed for development of a small-scale recreation community. In the agreement, the owner of the Metolius resort site must:

(a) Agree to limit the use of the Metolius resort site, consistent with the management plan in consideration for the opportunity to participate in the development of the small-scale recreation community; and

(b) Agree to grant a conservation easement pursuant to ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act) that:

(A) Limits the use of the Metolius resort site to be consistent with the management plan;

(B) Allows public access to that portion of the site that is not developed; and

(C) Contains other provisions, as required by the Department of Land Conservation and Development, that are necessary to ensure that the conservation easement is enforceable.

(4)(a) A small-scale recreation community authorized under sections 2 to 5, chapter 636, Oregon Laws 2009, must be sited on land that is within a county described in paragraph (b) of this subsection and that is either:

(A) Planned and zoned for forest use; or

(B) Rural and not subject to statewide land use planning goals relating to agricultural lands or forestlands.

(b) A small-scale recreation community may be established in:

(A) Baker County;

(B) Clatsop County;

(C) Columbia County;

(D) Coos County;

(E) Crook County;

(F) Curry County;

(G) Douglas County;

(H) Grant County;

(I) Harney County;

(J) Josephine County;

(K) Klamath County;

(L) Lake County;

(M) Lincoln County;

(N) Linn County;

(O) Malheur County;

(P) Morrow County;

(Q) Sherman County;

(R) Umatilla County;

(S) Wallowa County;

(T) Wasco County; or

(U) Wheeler County.

(5) A small-scale recreation community authorized under sections 2 to 5, chapter 636, Oregon Laws 2009, may not be sited on land that is:

(a) Within an area identified as “Area 1” or “Area 2” in the management plan.

(b) Within an area protected as a significant resource in an acknowledged comprehensive plan provision implementing statewide land use planning goals relating to:

(A) Open space and scenic and historic areas;

(B) Estuarine resources; or

(C) Beaches and dunes.

(6)(a) All land on which a small-scale recreation community authorized under sections 2 to 5, chapter 636, Oregon Laws 2009, is sited must be at least one-quarter mile from the nearest state park.

(b) Any buildings or other improvements developed within the boundaries of land on which a small-scale recreation community authorized under sections 2 to 5, chapter 636, Oregon Laws 2009, is sited must be located at least one mile from the nearest state park. [2009 c.636 §3; 2009 c.888 §1; 2011 c.404 §1; 2015 c.748 §1; 2017 c.494 §1] Sec. 4. (1) A small-scale recreation community authorized under sections 2 to 5, chapter 636, Oregon Laws 2009, must meet the following development standards:

(a) The community must be located on a tract that contains 320 or fewer acres of land.

(b) The community must consist of 240 or fewer units and have as its primary purpose the provision of overnight lodging units.

(c) The community may contain one restaurant containing 5,000 or fewer square feet, and accessory uses necessary to the operation of the community, including accessory recreational facilities.

(d) The owner of the property must spend at least $1.5 million on off-site resource enhancement or restoration projects on nearby public lands that will be used by individuals from the community.

(e) The community may not include a golf course or related facilities.

(f) The community must be developed and operated in a sustainable manner by meeting the following criteria:

(A) When fully developed, the community must use reclaimed water as the primary source of water for any irrigation of grounds.

(B) Facilities for snowmobiling or other motorized recreational activities are not permitted.

(C) At least 50 percent of the tract on which the community is located must be dedicated to permanent open space that is contiguous and demonstrates the biological viability of the site as habitat or that provides ecosystem services to the area.

(D) Significant natural resource functions and values on the site must be preserved.

(E) Impervious surfaces, including rooftops and paved roads, trails and parking areas may not exceed 35 percent of the total site area.

(F) Potable water usage must achieve a 20 percent reduction below standard code-built developments. Reclaimed water usage for nonpotable water needs may account for the entire reduction required.

(G) Stormwater must be managed on-site. Off-site runoff must be limited to predevelopment runoff rates.

(H) A restaurant, lodge or other nonresidential building must be designed and constructed to meet regionally or nationally recognized design standards for sustainable design that are acceptable to the county having land use jurisdiction over the proposed development site.

(I) Residential buildings must be designed and constructed to meet regionally or nationally recognized design standards for sustainable design that are acceptable to the county having land use jurisdiction over the proposed development site. The developer must achieve certification for all buildings, with at least 50 percent of the buildings achieving a top-tier rating under the rating system selected.

(J) Additional housing capable of housing at least 50 percent of the peak season employees must be provided on-site.

(2) In addition to the development standards described in subsection (1) of this section, a small-scale recreation community must:

(a) Develop an environmental operations manual that describes core practices for operating the small-scale recreation community, including:

(A) Waste reduction, recycling and diversion practices.

(B) Cleaning and site maintenance practices.

(C) Staff education practices.

(D) Commitment of the community to environmental stewardship.

(b) Establish a conservation stewardship organization, as a separate nonprofit entity funded through income generated by the development, that is charged with:

(A) Development of a baseline study that establishes the current level and condition of the local environment. As part of the baseline study, the organization must develop a long-term stewardship plan that targets net creation and rehabilitation of resources, on-site and off-site.

(B) Ongoing review, election and management of habitat restoration projects that implement the goal of the long-term stewardship plan.

(C) Education and outreach on environmental stewardship.

(c) Organize and manage volunteers working to conserve local resources.

(d) Monitor performance of energy and water usage and site development standards versus actual practice.

(e) Audit and publish annually a report of the community’s performance result for the preceding year. [2009 c.636 §4; 2009 c.888 §2]

Sec. 5. (1) An application for a small-scale recreation community under sections 2 to 5, chapter 636, Oregon Laws 2009, may be filed only by the owner of a Metolius resort site and the owner of the site on which development of the small-scale recreation community is proposed and must be filed jointly by the owners. The owners shall file a copy of the application with the Department of Land Conservation and Development at the same time that the owners file the application with the county having land use jurisdiction over the proposed development site.

(2) A county shall review an application for a small-scale recreation community under sections 2 to 5, chapter 636, Oregon Laws 2009, as a

conditional use in a forest zone and as a land division under ORS chapter 92.

(3) In addition to the standards set forth in sections 2 to 5, chapter 636, Oregon Laws 2009, the small-scale recreation community must meet the land division standards and other development standards of the county, including standards for streets, utilities and services, unless the standards conflict with sections 2 to 5, chapter 636, Oregon Laws 2009. If the development standards of the county are dependent on the zoning of the site, the county shall apply the development standards for the county’s most dense rural residential zone.

(4) If more than two applications for a small-scale recreation community are filed under sections 2 to 5, chapter 636, Oregon Laws 2009, and a county has not yet approved an application, the department shall determine which of the applications may proceed, taking into consideration:

(a) The time at which each application was filed;

(b) The unemployment rate in the counties, if more than one county is involved; and

(c) The findings set forth in section 1, chapter 636, Oregon Laws 2009.

(5) When two applications for small-scale recreation communities have been approved, additional applications may not be considered.

(6) A county may charge a fee to cover the costs of processing an application. [2009 c.636 §5; 2009 c.888 §3]

Sec. 6. (1) There is established the Oregon Transfer of Development Rights Pilot Program in the Department of Land Conservation and Development. Working with the State Forestry Department, the State Department of Agriculture and local governments and with other state agencies, as appropriate, the Department of Land Conservation and Development shall implement the pilot program.

(2) The Land Conservation and Development Commission shall adopt rules to implement the pilot program. The commission, by rule, may:

(a) Establish a maximum ratio of transferable development rights to severed development interests in a sending area for each pilot project. The maximum ratio:

(A) Must be calculated to protect lands planned and zoned for forest use and to create incentives for owners of land in the sending area to participate in the pilot project;

(B) May not exceed one transferable development right to one severed development interest if the receiving area is outside of urban growth boundaries and outside unincorporated communities;

(C) May not exceed two transferable development rights to one severed development interest if the receiving area is in an unincorporated community; and

(D) Must be consistent with plans for public facilities and services in the receiving area.

(b) Require participating owners of land in a sending area to grant conservation easements pursuant to ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act), or otherwise obligate themselves, to ensure that additional residential development of their property does not occur.

(3) The commission, by rule, shall establish a process for selecting pilot projects from among potential projects nominated by local governments. The process must require local governments to nominate potential projects by submitting a concept plan for each proposed pilot project, including proposed amendments, if any, to the comprehensive plan and land use regulations implementing the plan that are necessary to implement the pilot project.

(4) When selecting a pilot project, the commission must find that the pilot project is:

(a) Reasonably likely to provide a net benefit to the forest economy or the agricultural economy of this state;

(b) Designed to avoid or minimize adverse effects on transportation, natural resources, public facilities and services, nearby urban areas and nearby farm and forest uses; and

(c) Designed so that new development authorized in a receiving area does not conflict with a resource or area inventoried under a statewide land use planning goal relating to natural resources, scenic and historic areas and open spaces, or with an area identified as a Conservation Opportunity Area in the “Oregon Conservation Strategy” adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.

(5) The commission may select up to three pilot projects for the transfer of development rights under sections 6 to 8, chapter 636, Oregon Laws 2009.

(6) A sending area for a pilot project under sections 6 to 8, chapter 636, Oregon Laws 2009:

(a) Must be planned and zoned for forest use;

(b) May not exceed 10,000 acres; and

(c) Must contain four or fewer dwelling units per square mile.

(7) The commission may establish additional requirements for sending areas.

(8)(a) Except as provided otherwise in paragraph (b) of this subsection, a local government participating in a pilot project shall select a receiving area for the pilot project based on the following priorities:

(A) First priority is lands within an urban growth boundary.

(B) Second priority is lands that are adjacent to an urban growth boundary and that are subject to an exception from a statewide land use planning goal relating to agricultural lands or forestlands.

(C) Third priority is lands that are:

(i) Within an urban unincorporated community or a rural community; or

(ii) In a resort community, or a rural service center, that contains at least 100 dwelling units at the time the pilot project is approved.

(D) Fourth priority is exception areas approved under ORS 197.732 (Goal exceptions) that are adjacent to urban unincorporated communities or rural communities, if the county agrees to bring the receiving area within the boundaries of the community and to provide the community with water and sewer service.

(b) The commission may authorize a local government to select lower priority lands over higher priority lands for a receiving area in a pilot project only if the local government has established, to the satisfaction of the commission, that selecting higher priority lands as the receiving area is not likely to result in the severance and transfer of a significant proportion of the development interests in the sending area within five years after the receiving area is established.

(c) The minimum residential density of development allowed in receiving areas intended for residential development is:

(A) For second priority lands described in paragraph (a)(B) of this subsection, at least five dwelling units per net acre or 125 percent of the average residential density allowed within the urban growth boundary when the pilot project is approved by the commission, whichever is greater.

(B) For third priority and fourth priority lands described in paragraph (a)(C) and (D) of this subsection, at least 125 percent of the average residential density allowed on land planned for residential use within the unincorporated community when the pilot project is approved by the commission.

(d) For third and fourth priority lands described in paragraph (a)(C) and (D) of this subsection that are within one jurisdiction but adjacent to another jurisdiction, the written consent of the adjacent jurisdiction is required for designation of the receiving area.

(e) A receiving area may not be located within 10 miles of the Portland metropolitan area urban growth boundary.

(9) The commission may establish additional requirements for receiving areas.

(10) The commission, by rule, may provide a bonus in the form of a higher transfer ratio if a substantial portion of the new development in the receiving area of the pilot project is affordable housing within an urban growth boundary. [2009 c.636 §6; 2010 c.5 §3; 2011 c.144 §1]

Sec. 7. (1) Notwithstanding contrary provisions of statewide land use planning goals relating to public facilities and services and urbanization, and notwithstanding ORS 215.700 (Resource land dwelling policy) to 215.780 (Minimum lot or parcel sizes), a local government may change its comprehensive plan and land use regulations implementing the plan to allow residential development in a receiving area consistent with sections 6 to 8, chapter 636, Oregon Laws 2009, if the Land Conservation and Development Commission has approved a concept plan for the pilot project.

(2) The local governments having land use jurisdiction over lands included in the sending area and the receiving area for the pilot project shall adopt amendments to their respective comprehensive plans and land use regulations implementing the plans that are consistent with subsection (3) of this section.

(3) When the commission has approved a proposed concept plan, the local governments having land use jurisdiction over the affected sending area and affected receiving area shall adopt overlay zone provisions and corresponding amendments to the comprehensive plan and land use regulations implementing the plan that identify the additional development allowed through participation in the pilot project. The Department of Land Conservation and Development shall review the overlay zones and corresponding comprehensive plan amendments in the manner of periodic review under ORS 197.628 (Periodic review) to 197.650 (Appeal to Court of Appeals) [series became 197.628 (Periodic review) to 197.651 (Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission)].

(4) Notwithstanding ORS 197.296 (Factors to establish sufficiency of buildable lands within urban growth boundary) and 197.298 (Priority of land to be included within urban growth boundary) and statewide land use planning goals relating to urbanization, a local government may amend its urban growth boundary to include adjacent lands in a receiving area, consistent with an approved concept plan, if the net residential density of development authorized in the receiving area is at least five dwelling units per net acre or 125 percent of the average residential density allowed on land planned for residential use within the urban growth boundary when the pilot project is approved by the commission, whichever is greater.

(5) Local governments or other entities may establish a development rights bank or other system to facilitate the transfer of development rights.

(6) A county shall review an application for a pilot project under sections 6 to 8, chapter 636, Oregon Laws 2009, as a comprehensive plan amendment. A county may apply other procedures, including master plan approval, site plan review or conditional use review as the county finds appropriate to subsequent phases of review of the pilot project.

(7) When development rights transfers authorized by the pilot project under sections 6 to 8, chapter 636, Oregon Laws 2009, result in the transfer of development rights from the jurisdiction of one local government to another local government and cause a potential shift of ad valorem tax revenues between jurisdictions, the local governments may enter into an intergovernmental agreement under ORS 190.003 (Definition for ORS 190.003 to 190.130) to 190.130 (Effect of ORS 190.125) that provides for sharing between the local governments of the prospective ad valorem tax revenues derived from new development in the receiving area. [2009 c.636 §7; 2011 c.144 §2]

Sec. 8. (1) The Department of Land Conservation and Development, the State Forestry Department, a local government participating in the Oregon Transfer of Development Rights Pilot Program or a third-party holder identified by the Department of Land Conservation and Development may hold, monitor or enforce a conservation easement pursuant to ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act) or other property interest to ensure that lands in sending areas do not retain residential development rights transferred under sections 6 to 8 of this 2009 Act.

(2) An entity that is eligible to be a holder of a conservation easement may acquire, from a willing seller in the manner provided by ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act), the right to carry out a use of land authorized under rules of the Land Conservation and Development Commission implementing the pilot program. [2009 c.636 §8]

Note: Section 9, chapter 636, Oregon Laws 2009, provides:

Sec. 9. (1) As used in this section:

(a) “Community forestlands” has the meaning given that term in ORS 530.600 (Definitions for ORS 530.600 to 530.628).

(b) “Skyline Forest” means that certain real property consisting of approximately 33,000 contiguous acres in Deschutes County owned on June 1, 2009, by Cascade Timberlands (Oregon) LLC and located within sections 7, 8, 15, 16, 17, 18, 19, 20, 21, 22, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, township 16 south, range 10 east; sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 22, 23, 24, 25, 26, 27, 35 and 36, township 17 south, range 10 east; and sections 6, 7, 8, 9, 17, 18, 19, 20, 29, 30, 31, 32 and 33, township 17 south, range 11 east.

(c) “Skyline Forest Sustainable Development Area” means a portion of up to 3,000 contiguous acres of the tract known as the Skyline Forest that is located in township 16 south, range 10 east, Deschutes County: portions of the northwest quarter, southwest quarter, southeast quarter, northeast quarter of section 7; portions of the northwest quarter, southwest quarter, southeast quarter of section 8; portions of the southwest quarter of section 16; portions of the northwest quarter, southwest quarter, southeast quarter, northeast quarter of section 17; portions of the northwest quarter, southwest quarter, southeast quarter, northeast quarter of section 18; section 19; portions of the northwest quarter, southwest quarter, northeast quarter of section 20; portions of the northwest quarter of section 21; portions of the northwest quarter of section 29; and portions of the north half of section 30.

(d) “Skyline Conservation Tract” means the portion of the Skyline Forest consisting of approximately 30,000 contiguous acres that is not included within the Skyline Forest Sustainable Development Area.

(e) “Southern Conservation Tract” means that certain real property consisting of approximately 34,700 acres in Deschutes and Klamath Counties owned on June 1, 2009, by Cascade Timberlands (Oregon) LLC and located within one of the following areas:

(A) “Area one” consists of approximately 14,000 acres of land located within sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 21, 22, 23, 25, 26, 27, 28, 29, 32, 33, 34 and 35 of township 22 south, range 9 east, Deschutes County; and sections 5, 6, 7, 8, 17, 18, 30 and 31 of township 22 south, range 10 east, Deschutes County;

(B) “Area two” consists of approximately 9,700 acres of land located within sections 2, 3, 4, 5, 9, 10, 11, 14, 15, 17, 19, 20, 21, 22, 23, 27, 28, 29, 30, 31, 32, 33 and 34 of township 23 south, range 9 east, Klamath County and the portion of Parcel 3, Partition Plat No. 34-08 located in township 23 south, range 9 east, Klamath County; and

(C) “Area three” consists of approximately 11,000 acres of land located within sections 14, 23, 24, 25, 26, 34 and 35 of township 23 south, range 9 east; sections 3, 4, 8, 9 and 17 of township 24 south, range 9 east; section 1 of township 25 south, range 7 east; sections 1, 2, 3, 4, 9, 10, 12, 13, 14, 15, 16 and 17 of township 25 south, range 8 east; Parcel 1, Partition Plat No. 34-08 located in township 24 south, ranges 7 and 8 east, and township 25 south, range 8 east, Klamath County; and the portion of Parcel 3, Partition Plat No. 34-08 located in township 24 south, ranges 8 and 9 east, Klamath County and lying west of U.S. Route 97.

(f) “Land trust” means the Deschutes Land Trust, an Oregon nonprofit corporation or another nonprofit conservation organization that is either accredited by the Land Trust Accreditation Commission or is nationally recognized as a land conservation organization, the primary mission of which is land conservation.

(2) Contingent upon satisfaction of the requirements of subsection (3) of this section, the Skyline Forest Sustainable Development Area may be developed and used for the following purposes:

(a) The Skyline Forest Sustainable Development Area may contain up to 282 residential units, a caretaker’s residence, a restaurant, a small community store, a small-scale community conference center, an equestrian facility, small-scale recreational, commercial and basic service uses, and all utility, maintenance and security facilities necessary to support the development. The residential units may be permanent residences, rental units or lodging units. The specific number of residential units allowed within the Skyline Forest Sustainable Development Area, up to a maximum of 282, is dependent upon the number of acres of the Skyline Conservation Tract and the Southern Conservation Tract conveyed to a land trust or a federal or state agency pursuant to this section. Up to:

(A) 137 residential units shall be allowed within the Skyline Forest Sustainable Development Area in exchange for the conveyance of the Skyline Conservation Tract to a land trust;

(B) 183 residential units shall be allowed within the Skyline Forest Sustainable Development Area in exchange for the conveyance of the Skyline Conservation Tract and area one of the Southern Conservation Tract to a land trust or to a federal or state agency;

(C) 224 residential units shall be allowed within the Skyline Forest Sustainable Development Area in exchange for the conveyance of the Skyline Conservation Tract, area one and area two of the Southern Conservation Tract to a land trust or to a federal or state agency; or

(D) 282 residential units shall be allowed within the Skyline Forest Sustainable Development Area in exchange for the conveyance of the Skyline Conservation Tract, area one, area two and area three of the Southern Conservation Tract to a land trust or to a federal or state agency.

(b) The Skyline Forest Sustainable Development Area may not contain a golf course or golf-related facilities.

(c) All development, not including access roads and utility lines to the Skyline Forest Sustainable Development Area and up to five acres for maintenance and security facilities, shall be located on 1,200 contiguous acres within the Skyline Forest Sustainable Development Area. The owner shall use the remaining undeveloped 1,800 acres of the Skyline Forest Sustainable Development Area for the primary purposes of minimizing the risk of wildfire and maintaining wildlife habitat value. However, an equestrian facility may be located within the otherwise undeveloped 1,800 acres if the facility is located on no more than 40 acres contiguous to the developed portion of the Skyline Forest Sustainable Development Area. The owner shall cause a conservation easement pursuant to ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act) to be recorded on the entirety of the undeveloped 1,800 acres prohibiting partitions and development, but allowing access roads, utility lines, maintenance and security facilities and recreational uses, such as picnic grounds, trails, the equestrian facility and restrooms. The conservation easement must be held by a land trust and shall contain terms agreed to by the State Department of Fish and Wildlife and the State Forestry Department.

(d) Roads, utility corridors and all utility facilities necessary to serve the Skyline Forest Sustainable Development Area shall be allowed as outright permitted uses within the Skyline Forest Sustainable Development Area, the Skyline Forest and on nearby lands regardless of the comprehensive plan or zoning designation of the lands.

(e) The uses allowed by this subsection shall be allowed only upon approval of a master plan as provided by subsection (5) of this section. The master plan shall contain design criteria and standards to ensure that sustainability principles will be incorporated into the development and operation of uses within the Skyline Forest Sustainable Development Area. The design criteria and standards shall promote sustainable building design, water conservation and energy conservation.

(f) The master plan described in subsection (5) of this section shall incorporate design criteria and standards to ensure that there will be negligible visual impacts under normal daylight viewing conditions from Awbrey Butte and the Plainview scenic turnout located on the McKenzie-Bend Highway No. 17, also known as U.S. Route 20, near milepost 9. The design criteria and standards shall also require all outdoor lighting to be downward facing, to the extent practicable.

(g) The Skyline Forest Sustainable Development Area shall be served by one primary access route and by one or more emergency and secondary access routes that use existing roads as much as practicable. The access routes may be private or public roads, including roads managed by the United States Forest Service. The primary access route shall intersect the McKenzie-Bend Highway No. 17, also known as U.S. Route 20, between mileposts 3 and 6 to provide access from the eastern boundary of the Skyline Forest Sustainable Development Area to the referenced highway.

(h) The Skyline Forest Sustainable Development Area, including all access roads, must be developed in consultation with the State Department of Fish and Wildlife to minimize impacts on wildlife, particularly deer and elk populations.

(i) The Skyline Forest Sustainable Development Area, including all access roads, must be developed in consultation with the State Forestry Department and the United States Forest Service to minimize wildfire risks.

(j) The owner of the Skyline Forest Sustainable Development Area shall provide adequate firefighting facilities and services to address the needs of the development. All structures shall be designed and maintained consistent with the default wildfire safety standards of the Oregon Forestland-Urban Interface Fire Protection Act of 1997, as set forth in administrative rules of the State Forestry Department.

(k) Any wells used to provide water for uses within the Skyline Forest Sustainable Development Area shall be sited to minimize impacts of groundwater use on Whychus Creek and Melvin Springs.

(3) The land uses described in subsection (2) of this section shall be allowed within the Skyline Forest Sustainable Development Area upon the satisfaction of the following conditions:

(a) The owner of the Skyline Forest and the Southern Conservation Tract transfers:

(A) The Skyline Conservation Tract to a land trust for the purpose of creating community forestlands; and

(B) The Southern Conservation Tract, whether to a single buyer or multiple buyers, to a land trust for the purpose of creating community forestlands or to a federal or state agency. However, the owner may choose to retain all or a portion of the Southern Conservation Tract, in which case the number of residential units allowed within the Skyline Forest Sustainable Development Area shall be limited as set forth in subsection (2)(a) of this section.

(b) The consideration for any transfer does not exceed the fair market value of the property as established by an appraisal based on the hypothetical condition or assumption that all development rights on the properties, whether actual or potential, have been extinguished as contemplated by subsection (7) of this section. The appraisal must comply with the Uniform Standards of Professional Appraisal Practice. The appraisal shall comply with the Uniform Appraisal Standards for Federal Land Acquisitions if:

(A) The land trust or state agency proposes, in part or in whole, to use federal funds to purchase the property and has demonstrated a reasonable likelihood that federal funds will be secured for the purchase; or

(B) The property is being conveyed to a federal agency.

(c) The Skyline Conservation Tract and the Southern Conservation Tract will be managed so that wildlife and recreational values are safeguarded and the overall forest health, including sustainable timber production and wildfire prevention, is maintained over the long term.

(d) The owner of the Skyline Forest Sustainable Development Area obtains the land use approvals required by subsection (5) of this section.

(4) The uses authorized by subsection (2) of this section shall be allowed as outright permitted uses by Deschutes County, following approval of the master plan required by subsection (5) of this section by Deschutes County. The uses allowed by subsection (2) of this section are allowed notwithstanding those provisions of ORS 215.700 (Resource land dwelling policy) to 215.780 (Minimum lot or parcel sizes) relating to lot size and dwelling standards on forestlands, those statewide land use planning goals relating to agricultural lands, forestlands, public facilities and services, transportation and urbanization and those provisions of Deschutes County’s comprehensive plan and land use regulations limiting uses of forestlands. Approval of the master plan and land division applications required by subsection (5) of this section for the development and use of the Skyline Forest Sustainable Development Area and all associated road and utility corridors does not require exceptions to any statewide planning goal or amendment of any local comprehensive plan or land use regulation. Deschutes County shall apply only the provisions of this section as standards and criteria for an application for, or amendment to, a master plan or land division application or other development permit applications submitted pursuant to this section.

(5) The owner of the Skyline Forest Sustainable Development Area may submit an application to Deschutes County for approval of a master plan for the development and use of the area. The application must be submitted within five years after the effective date of chapter 636, Oregon Laws 2009 [June 29, 2009], subject to the following:

(a) The master plan shall demonstrate compliance with subsection (2) of this section and include a tentative land division application to create the lots within the Skyline Forest Sustainable Development Area.

(b) Deschutes County shall process the master plan and all land division applications pursuant to the procedural review provisions of its local land use regulations. However, Deschutes County shall approve the master plan and any tentative or final land division applications if the applications are consistent with subsections (2) and (3) of this section. No additional land use or land division standards shall apply to the approval and development of the Skyline Forest Sustainable Development Area.

(c) Deschutes County shall condition final approval of the master plan and land division applications on the execution of an agreement to record a conservation easement in accordance with subsection (2)(c) of this section, an agreement to transfer the Skyline Conservation Tract to a land trust for the purpose of creating community forestlands and, if applicable, an agreement to transfer all or a portion of the Southern Conservation Tract either to a land trust for the purpose of creating community forestland or to a federal or state agency. The agreements shall specify that recordation of the conservation easement, transfer of the Skyline Conservation Tract and transfer of all or a portion of the Southern Conservation Tract shall be contingent upon the following terms:

(A) The owner of the Skyline Forest Sustainable Development Area shall obtain all federal, state and local licenses, permits, rights and other entitlements necessary for development of the Skyline Forest Sustainable Development Area, each of which shall be final and no longer subject to appeal;

(B) The land trust or the federal or state agencies, as applicable, shall obtain adequate funding to purchase the Skyline Conservation Tract or the Southern Conservation Tract, as applicable, in accordance with subsection (3)(b) of this section; and

(C) The land trust or the federal or state agencies shall develop and implement management standards that provide reasonable assurance to the owner of the Skyline Forest Sustainable Development Area that the Skyline Conservation Tract and the Southern Conservation Tract will be managed to establish forest health, manage wildfire risk and maintain compatibility with the Skyline Forest Sustainable Development Area.

(d) The master plan and all associated land division plans shall govern development of the Skyline Forest Sustainable Development Area in perpetuity and shall not expire. Regulations requiring the submittal of final plats within a specified time period following tentative plan approval shall not apply to the Skyline Forest Sustainable Development Area. The master plan may be amended at any time following an administrative review by Deschutes County. Deschutes County shall approve the amendments if the amended master plan remains consistent with subsections (2) and (3) of this section.

(6) The Deschutes Land Trust, an Oregon nonprofit corporation, shall have a right of first opportunity to purchase the Skyline Conservation Tract and the Southern Conservation Tract, and any purchase agreement shall provide a minimum of three years for the Deschutes Land Trust to obtain funding for any purchase. If at any time after two years from the date of any purchase agreement or the date of filing of a master plan under subsection (5) of this section, whichever is later, the Deschutes Land Trust has failed to demonstrate a reasonable likelihood it will be able to obtain the funds necessary to complete the purchase, the owner of the Skyline Conservation Tract and the Southern Conservation Tract may seek alternative buyers for any property that is the subject of a purchase agreement under this subsection. The Deschutes Land Trust will in good faith notify the owner of the Skyline Conservation Tract and the Southern Conservation Tract if at any time during the period of any purchase agreement the Deschutes Land Trust concludes it does not wish to complete the purchase or will be unable to obtain the necessary funding to complete the purchase.

(7) Development and construction of uses within the Skyline Forest Sustainable Development Area may proceed according to the approved master plan once the transfer of fee title of the Skyline Conservation Tract and, as applicable, all or a portion of the Southern Conservation Tract, is complete. Following transfer of fee title of the Skyline Conservation Tract and, as applicable, all or a portion of the Southern Conservation Tract, all development rights on the conveyed lands are extinguished and the conveyed lands shall be thereafter managed as community forestlands or as federal or state forestlands.

(8) At any time within five years after the effective date of chapter 636, Oregon Laws 2009, the owner of the Skyline Forest Sustainable Development Area may either file an application for a master plan pursuant to subsection (5) of this section, or submit written notice to Deschutes County and the Deschutes Land Trust stating the owner’s intent to relinquish the development opportunities authorized by this section. Until the owner of the Skyline Forest Sustainable Development Area files a master plan application or submits a notice of relinquishment under this subsection, the owner may not divide, develop, obtain a lot of record determination or prohibit public access to any portion of the Skyline Forest. If the owner of the Skyline Forest Sustainable Development Area submits a notice of relinquishment under this subsection, or the owner allows the five-year time period to elapse without taking any action under this subsection, the development opportunities authorized by this section shall expire and the owner may divide, develop and prohibit public access to any portion of Skyline Forest pursuant to the laws in effect at that time.

(9) If the owner of the Skyline Forest Sustainable Development Area does not file a master plan within five years of the effective date of chapter 636, Oregon Laws 2009, or if Deschutes County does not approve a master plan as provided in subsection (5) of this section within 10 years of the effective date of chapter 636, Oregon Laws 2009, then the provisions of subsection (2) of this section shall cease to have any force or effect.

(10) The development opportunities provided by this section are fully transferable and will run with the land in the event of a change of ownership of the Skyline Forest or all or a portion of the Southern Conservation Tract. [2009 c.636 §9; 2009 c.888 §4]

Note: Sections 1 and 2, chapter 686, Oregon Laws 2011, provide:

Sec. 1. The Legislative Assembly finds and declares that:

(1) Working farms and cattle ranches make vital contributions to Oregon by:

(a) Providing jobs, timber, agricultural products, tax base, tourism and other social and economic benefits;

(b) Helping to maintain soil, air and water resources;

(c) Reducing levels of carbon dioxide in the atmosphere; and

(d) Providing habitat for wildlife and aquatic life.

(2) New methods must be developed to facilitate continued management of private farms and cattle ranches as population growth, escalating land values, increasing risks from wildfire and invasive species, and changes in land ownership or management objectives result in increased conflict with dispersed residential development.

(3) The public policy of the State of Oregon is to:

(a) Encourage, and explore alternative methods to encourage, the continued management of private farm and forest lands for timber production, agricultural production and cattle ranching.

(b) Protect water quality, wildlife habitat and other important natural resources by limiting location of dispersed residential development on farm and forest land. [2011 c.686 §1]

Sec. 2. (1) As used in this section:

(a) “Associated property” means real property, and improvements, that is contiguous to and in common ownership with the development area.

(b) “Development area” means certain property containing a guest ranch and consisting of approximately 5,000 acres in common ownership that are located in township 17 south, range 31 east and township 17 south, range 32 east, Grant County.

(2) Subject to approval of a master plan submitted to Grant County, the guest ranch may be expanded in the development area in one or more phases to include the uses authorized under this section if Grant County finds that the master plan for the development area meets the standards set forth in subsections (4), (5) and (6) of this section, notwithstanding:

(a) Sections 2 and 3, chapter 84, Oregon Laws 2010.

(b) Statewide land use planning goals and rules implementing the goals and without taking an exception under ORS 197.732 (Goal exceptions) to a goal.

(c) The lot size and dwelling standards of ORS 215.700 (Resource land dwelling policy) to 215.780 (Minimum lot or parcel sizes).

(d) Provisions of the acknowledged comprehensive plan or land use regulations of Grant County except as:

(A) Provided otherwise in this section; or

(B) Necessary to protect the public health and safety.

(3) The development area may:

(a) Contain up to 575 units of overnight accommodations, including but not limited to lodging units, cabins, townhomes and fractional ownerships. Overnight accommodations that are not lodging units, timeshares or fractional ownerships must be subject to deed restrictions that limit use of the accommodations to use as overnight accommodations.

(b) Include restaurants, meeting and conference facilities and commercial uses to meet the needs of visitors to the development area and associated property.

(c) Include developed recreational facilities including, but not limited to, tennis courts, spa facilities, equestrian facilities, swimming pools and bicycle paths.

(d) Not include sites for new residential dwellings unless otherwise permitted under existing law or developed for employees of the guest ranch or other uses allowed in the development area.

(4) The uses authorized by this section that are to be developed on or after January 1, 2010, must be constructed in the development area.

(5) Roads, utility corridors and utility facilities necessary to serve the development area are authorized uses. Roads in the development area:

(a) Must be all-weather roads.

(b) Must remain unpaved to the greatest extent practicable to discourage car use in most parts of the development area.

(c) Must be wide enough to accommodate emergency equipment.

(6) Upon receipt of an application for approval of a master plan for the development and use of the development area, Grant County shall approve the master plan if the county finds that the master plan:

(a) Demonstrates that the important natural features of the development area and associated property, including but not limited to habitat of threatened or endangered species, streams, rivers and significant wetlands, will be retained. Grant County may authorize alteration of important natural features, including the placement of structures that maintain the overall values of the natural features, under the county’s applicable acknowledged comprehensive plan and land use regulations.

(b) Demonstrates that the development area and associated property will be managed to provide significant public benefits in the form of:

(A) Wildlife and aquatic habitat improvements, including tree planting, enhancement of riparian areas and restoration of meadows for wildlife; and

(B) Training and education programs.

(c) Demonstrates that the development area and associated property will be managed to provide a significant number of permanent jobs in Grant and Harney Counties, to encourage the growth of ancillary and support businesses in Grant and Harney Counties, to encourage expansion of tourism opportunities for Grant and Harney Counties, and to provide opportunities to educate the public about sustainable ranching and wildlife rehabilitation in conjunction with Oregon State University or another educational institution in the State of Oregon.

(d) Contains design criteria and standards that promote sustainability in the development area. The criteria and standards must promote energy and water conservation, reduce, based on consultation with the State Department of Fish and Wildlife, adverse impacts of development on wildlife and reduce, based on consultation with the State Forestry Department, wildfire risk.

(e) Demonstrates that overnight accommodations will be clustered to minimize adverse impacts on fish and wildlife.

(f) Includes a proposed plat to create lots for the first phase of development in the development area.

(7) The planning director of Grant County may:

(a) Approve by administrative review an amendment to an approved master plan or an associated land division plan; or

(b) If the planning director determines that the proposed change may impact the findings made pursuant to subsection (6) of this section, refer the amendment to the Grant County Court for review. If the planning director refers a proposed amendment to the court, the court shall approve the proposed change if the master plan, as amended, or the associated land division plan, as amended, remains consistent with the requirements of this section.

(8) Grant County shall:

(a) Apply only the provisions of this section and the master plan as standards and criteria for approval or amendment of the master plan and associated land division applications and development permit applications submitted pursuant to this section.

(b) Process the master plan and associated land division applications pursuant to the procedural review provisions of the acknowledged comprehensive plan and land use regulations. [2011 c.686 §2]

Law Review Cita­tions

10 WLJ 414-421, 474, 475 (1974); 56 OLR 270 (1977)

Chapter 197

Notes of Decisions

A comprehensive plan, although denominated a “resolu­tion,” is the controlling land use planning instru­ment for a city; upon its passage, the city assumes responsibility to effectuate the plan and conform zoning ordinances, including prior existing zoning ordinances, to it. Baker v. City of Milwaukie, 271 Or 500, 533 P2d 772 (1975)

Procedural require­ments of the state-wide planning goals adopted by the Land Conserva­tion and Develop­ment Commission are not applicable to ordinances adopted before the effective date of the goals. Schmidt v. Land Conserva­tion and Develop­ment Comm., 29 Or App 665, 564 P2d 1090 (1977)

This chapter, es­tab­lishing LCDC and granting it authority to es­tab­lish state-wide land use planning goals, does not unconstitu­tionally delegate legislative power where both standards (ORS chapter 215) and safeguards ([former] ORS 197.310) exist. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978)

Where county’s comprehensive plan and land use regula­tions had not been acknowledged by LCDC, it was proper for county to apply state-wide planning standards directly to individual request for parti­tion. Alexanderson v. Polk County Commissioners, 289 Or 427, 616 P2d 459 (1980)

Issuance of a building permit was a “land conserva­tion and develop­ment ac­tion” where county had no acknowledged comprehensive plan, land was not zoned and no pre­vi­ous land use decision had been made re­gard­ing the land. Columbia Hills v. LCDC, 50 Or App 483, 624 P2d 157 (1981), Sup Ct review denied

Nothing in this chapter grants the Land Conserva­tion and Develop­ment Depart­ment authority to challenge local land use decisions made after comprehensive plan acknowledg­ment. Ochoco Const. v. LCDC, 295 Or 422, 667 P2d 499 (1983)

LCDC has authority in periodic review process to require local govern­ment to add specific language or pro­vi­sions to its land use legisla­tion to assure compliance with statewide goals and LCDC rules. Oregonians in Ac­tion v. LCDC, 121 Or App 497, 854 P2d 1010 (1993), Sup Ct review denied

Atty. Gen. Opinions

Authority of a land conserva­tion and develop­ment com­mis­sion to bind the state in an interstate compact or agree­ment, (1973) Vol 36, p 361; applica­tion of Fasano v. Bd. of County Commrs., (1974) Vol 36, p 960; state-wide planning goal in conjunc­tion with interim Willamette River Greenway boundaries, (1975) Vol 37, p 894; binding effect on govern­mental agencies of the adop­tion of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894; applica­tion to state agencies, (1976) Vol 37, p 1129; preexisting ordinances during the interim imple­menting stage, (1976) Vol 37, p 1329; constitu­tionality of delega­tion to LCDC of authority to prescribe and enforce statewide planning goals, (1977) Vol 38, p 1130; effect of situa­tion where similar peti­tion is filed before both com­mis­sion and a court, (1977) Vol 38, p 1268; considera­tion of availability of public school facilities in determina­tion of whether to approve subdivision, (1978) Vol 38, p 1956

Law Review Cita­tions

10 WLJ 99 (1973); 53 OLR 129 (1974); 5 EL 673 (1975); 54 OLR 203-223 (1975); 56 OLR 444 (1977); 18 WLR 49 (1982); 61 OLR 351 (1982); 20 WLR 764 (1984); 14 EL 661, 693, 713, 779, 843 (1984); 25 WLR 259 (1989); 31 WLR 147, 449, 817 (1995); 36 EL 25 (2006); 49 WLR 411 (2013)

1 Legislative Counsel Committee, CHAPTER 197—Comprehensive Land Use Planning, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors197.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 197, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano197.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.