247-23-000144-TA - 2023 Mule Deer Winter Range Combining Zone Amendments

PROJECT WITHDRAWN - PLEASE SEE "PROJECT STATUS" BELOW

Proposal Summary

This proposal creates a new mule deer combining (or overlay) zone and a corresponding new code chapter to address uses in that zone. For properties under 20 acres with an existing home, generally no changes are being considered; please see the links at the bottom of this page for details. The purpose of the 2023 Mule Deer Winter Range Combining Zone (or WA-MD) is to conserve important mule deer winter range habitat in Deschutes County; to protect an important environmental, social and economic element of the area; and to permit development compatible with the protection of the mule deer resource. This zone and its regulations will be separate from the existing Wildlife Area (WA) Combining Zone, which remains unchanged. The draft amendments are linked at the bottom of this page, along with maps and Frequently Asked Questions, all in PDF format.

Background

The first phase of this project took place in 2020-2021, in which Deschutes County initiated the process of considering updates to three of its Goal 5 wildlife inventories. Utilizing an Interagency Working Group (IWG) of wildlife biologists from state agencies as well as an independent wildlife biologist consultant, the IWG collected and vetted new data to define these new inventories. For a detailed history and documents relating to Phase 1, visit Wildlife Inventory Update - Phase 1.

The current phase of this project follows the procedures in Oregon Administrative Rules (OAR) Chapter 660, Division 23 to update or designate a new Goal 5 resource--in this case, the mule deer winter range.

Per the OAR, the WA-MD Combining Zone contains criteria for a set of uses deemed “conflicting” because they could adversely affect mule deer winter range habitat. These draft criteria represent a starting point for the community conversations to follow during the hearings process. The Board of County Commissioners has directed staff to initiate a legislative process to consider rules that could limit the development of property in mule deer habitat to protect the deer. Informational meetings will be followed by public hearings to discuss, review, and consider adopting rules to protect mule deer habitat.

Public Information Sessions

The Planning Division and Oregon Department of Fish and Wildlife (ODFW) hosted three public information sessions in early April to introduce the proposal and take questions from the public. All three public information sessions featured the same content, and a recording of one of them is available below.

Please note that these are information sessions only and that those who would like to provide testimony for the record should do so at the public hearing or in writing to the staff contact.

Public information sessions were held on the following dates and locations:

Tuesday, April 4, 2023 - Sisters High School, 1700 W. McKinney Butte Road (Commons area), 5:30 p.m.

Thursday, April 6, 2023 - Barnes & Sawyer Room, Deschutes Service Center, 1300 NW Wall Street, Bend (virtual option available), 5:30 p.m.

Click this link to view the video of the April 6 session

Monday, April 10, 2023 - Redmond City Hall, 411 SW 9th Street (Civic Room 208), Redmond, 5:30 p.m.

Project Status

On June 26, staff provided a status update to the Board of County Commissioners, at which time the Board voted to withdraw the mule deer inventory update project. Per Board direction, staff will formally withdraw the proposal from the Department of Land Conservation and Development. The Board expressed interest in the Planning Commission's recommendation to convene a stakeholder group; staff will convey this to the appropriate groups for further coordination.

The Deschutes County Planning Commission conducted deliberations on May 11, 2023, at which time they completed deliberations and issued a recommendation to be forwarded to the Board of County Commissioners:

The Planning Commission voted to recommend that the Board adopt the mule deer inventory into the Comprehensive Plan and create a separate Mule Deer Combining Zone in Deschutes County Code, Title 18 (County Zoning).
The Planning Commission voted to recommend adoption of the amendments with modifications proposed by ODFW. ODFW’s testimony letter is available in the record. In general, ODFW recommended stricter standards than in the proposal, desiring regulations that align with the existing Wildlife Area Combining Zone.
The Planning Commission voted in favor of recommending that the Board convene a stakeholder workgroup comprised of agencies as well as landowners, hunters, etc. to discuss mule deer population management goals and potential multi-pronged solutions.
The Planning Commission noted other areas of concern for the Board to consider, including the 300-foot siting standard for new buildings and solar and wind generation facilities.

More details on the Planning Commission recommendations will be outlined at a future work session with the Board.

The initial public hearing was held on April 13, at which time the Planning Commission elected to continue the public hearing to April 27. The Planning Commission held its continued public hearing on April 27, a which time they closed the hearing and kept the written record open until May 1. Deliberations took place on May 11.

Remote attendance information and meeting materials can be found at deschutes.org/meetings approximately one week prior public meetings.

Written testimony for the record may be emailed to the staff contact listed below. All testimony will be carried for

Proposed Code Amendments

The table below provides a general summary of proposed limitations to conflicting uses. Detailed criteria appear in the draft amendments linked at the bottom of this page, along with maps and Frequently Asked Questions in PDF format.

Amendment Summary
Conflicting Use	Limitation
Golf course, not included in a destination resort; Kennel; Public or private school; Bed and breakfast inn, room and board arrangement, or guest lodge; Dude ranch; Playground, recreation facility, or community center owned and operated by a government agency or a nonprofit community organization; Timeshare unit, as defined in ORS 94.803; Veterinary clinic; Fishing lodge; Guest ranch; Outdoor sporting and recreation uses, including but not limited to paintball park, shooting range, off-highway motor vehicle course, model airplane park, or bicycle courses. This use category excludes equestrian uses, pedestrian trail uses, and uses subject to DCC 18.16.042.	Seasonal limitations: outdoor activities prohibited December - March Siting standards for buildings associated with the use Locational and acreage standards for the use, all structures, and use areas Fencing standards
Recreational vehicle parks Campgrounds	Fencing standards
Photovoltaic solar power generation facility, as defined in OAR 660-033-0130. Wind power generation facility, as defined in OAR 660-033-0130.	Locational standards: all buildings associated with these uses shall be located entirely within 1,320 feet of a County road designated as an arterial on the TSP. Government entities, including but not limited to quasi-municipal corporations, are exempt from locational standards
For all uses, the above limitations may be waived by the County upon a determination that habitat values (i.e., browse, forage, cover, access to water) and migration corridors are afforded equal or greater protection through a different development pattern, after consultation with the Oregon Department of Fish and Wildlife.
Single family dwellings are proposed to be limited by siting standards requiring development near existing roads or alternative siting that provides equivalent habitat protection. Residential land divisions are proposed to be limited by partition/subdivision configuration requirements or alternative configurations that will provide equivalent habitat protections.

MAP OF PROPOSED 2023 MULE DEER WINTER RANGE COMBINING ZONE

Click on the map below to explore the WA-MD zone, which is illustrated in green crosshatch. Zoom in using the tools on the upper left-hand corner of the map, and pan around the map by clicking and holding down the mouse. You may search for a specific address using the magnifying glass tool in the upper right corner.