Pending Cases

Pending cases are complaints that the County has verified that a violation likely exists but has yet to begin the Enforcement Process. If your property has a Pending Case, it is within your rights to resolve this issue without waiting. The benefits to resolving the issue prior to the enforcement process is it helps you avoid penalties associated with violating Deschutes County Code and other State codes.

This website is designed to assist with gaining the knowledge necessary to resolve a violation prior to an investigator making contact and starting a timeframe for correction. The letter titled, “Pending Case Notification” should have an overview of which violations likely exist on your property, below you will find the most common violations and the steps to resolve them.

What if my violation is not in the list below?

If the violation listed in your letter is not found in the list below refer to the instructions in the letter.

What if my violation has already been cured or no longer exists?

Once all violations have been cured, please contact Deschutes County Code Enforcement and let us know there are no longer violations on the property. Once this is confirmed, the Code Enforcement case will be closed, and the Pending DIAL warning flag will be removed. You have proactively brought your property into good standing and the formal Code Enforcement case will be closed with no further enforcement action.

How can I check to see if I have a Pending Case?

When a complaint is received by the County this causes a case (record) to be created by Code Enforcement for processing. A warning flag will be displayed on DIAL indicating a case has been created and is pending assignment to a staff member. If your property does not have a warning flag on DIAL describing a pending case, you do not have a pending case.

How do I obtain a copy of my letter?

A letter should have been delivered to your property either by mail or by Deschutes County Sheriff’s Office. If you need another copy of the letter, you may request a copy to be emailed to you by contacting deschutes.org/contactcdd or by calling 541-385-1707.

Zoning Code Violations

RV Occupancy: If you have received a notice regarding RV occupation, the corrective action depends on the lot that the RV is on and the desired use of the RV. In all instances, wastewater must be disposed of lawfully. There are also requirements for the RV, which can be found here: https://www.deschutes.org/cd/page/code-enforcement-rv-regulation-dcc-18116095

There are two paths for compliance depending on if there is a residence or stick built single unit dwelling on the property.

Yes, I have a residence or stick built single unit dwelling on the property.
- If there is a residence or stick built single unit dwelling on the property, no RV can be occupied or used for any accessory use on the property outside of a Medical Hardship permit, or with approval from the planning department. If this describes your circumstance, you can contact planning to inquire about applying for a Medical Hardship permit or other land use decision. Deschutes County Planning can be reached at 541-388-6560 or deschutes.org/contactcdd.
No, I do not have a residence or stick built single unit dwelling on the property.
- If there is not a residence or stick built single unit dwelling on the property, you may be able to stay in the RV for temporary use 30 out of every 60 days. Any additional occupation of the RV would require land use approval, which can approve up to six months of continuous use in a calendar year. If this describes your circumstance, you can contact planning to inquire about applying for a Temporary Use permit. Deschutes County Planning can be reached at 541-388-6560 or deschutes.org/contactcdd.

Setback Violation: If you have received a notice regarding a setback violation, the corrective action is predominantly to move the item or structure outside of the setback. Depending on the size of the structure this may require structural modifications to accomplish. Alternatively, you may also pursue a lot line adjustment to increase your lot size to accommodate the structure setback requirements if the adjacent lot is willing to do so. To speak with a planner regarding lot line adjustments or a potential 10% variance, please contact Deschutes County Planning at 541-388-6560 or deschutes.org/contactcdd.

Wetland Violation: There is substantial evidence of work or modification being done within the bed and banks of the river, or mapped wetlands on the property. This must be resolved through a land use permit for work in the wetlands, and likely will require consultation with a biologist and land use attorney to resolve it completely. It is highly recommended that you contact planning to discuss options for restoring the wetlands to conditions prior to any modifications, or to attempt to permit the modifications to the wetland, either will likely require land use approval. Please contact Deschutes County Planning at 541-388-6560 or deschutes.org/contactcdd.

Floodplain Violation: If you have received notice regarding a floodplain violation, likely a land use application or modifications to items in the floodplain is required to comply. Please contact Deschutes County Planning to discuss your property and what may need to be done. Planning can be reached at 541-388-6560 or deschutes.org/contactcdd.

Fencing Violation: If you have received a notice regarding a fencing violation, a fence on your property does not meet the fencing code requirements. The fence may need to be removed, relocated or modified. The fence may or may not be sight obstructing. Fence code information can be located here: https://www.deschutes.org/sites/default/files/fileattachments/community_development/page/26582/fence...

If you have additional fence code questions, contact Deschutes County Planning at 541-388-6560 or deschutes.org/contactcdd.

Commercial Use Violation: If you have received notice regarding commercial use or a home occupation violation, the use that is occurring on your property is outside of the outright permitted uses and requires land use approval. Some commercial uses may not be allowed in the zone. A home occupation chart may help you determine what uses may be allowed with a permit or not allowed at all in your zone. If you have any questions about the uses on your property or want to obtain information on how to apply for a home occupation approval, please contact Deschutes County Planning at 541-388-6560 or deschutes.org/contactcdd. If the use is not allowed in your zone, it must cease, or the operation must be moved to a commercially zoned property. The brochure for home occupations is also available here: https://www.deschutes.org/sites/default/files/fileattachments/community_development/page/11726/home_occupation_brochure_including_table.pdf

Multiple Unit Dwelling Violation: If you have received notice regarding multiple dwelling units, there are characteristics of your residence that do not comply with the zoning code. Generally, the code does not allow for multiple kitchens or detached sleeping areas, there may be some circumstances that can be approved with an approved land use application via planning. It is recommended that you contact planning with questions about your circumstance to see if a land use approval for your use is possible. If there is not an approved path, the additional dwelling unit must be decommissioned to its original approved purpose. If the second dwelling unit is approvable via planning, there may be Onsite and Building permits required as well. For questions about the zoning code, and to see if a land use permit will work for your intended use, please contact Deschutes County Planning at 541-388-6560 or deschutes.org/contactcdd.

Stream Setback Violation: If you have received a notice regarding a stream setback violation, there are structures or changes made within 100’ of the high-water mark of a river or waterway that is adjacent to your property. Any modifications or structures would require land use approval, please contact planning to discuss your circumstance and find what may be required. You can reach Deschutes County Planning at 541-388-6560 or deschutes.org/contactcdd.

Building Code Violations

Work without Permits: If you have received a notice regarding unpermitted structures, the County has identified a structure or structures that were built or modified without permits or that did not receive final inspection. This can also include electrical, plumbing or mechanical installations that are inside of a structure. You will need to contact the building department to reactivate or purchase new permits. In some circumstances, additional permits will be required for Planning, Driveway Access, or Onsite Wastewater. Depending on the circumstances involved, the structure may need to be removed or changed to meet the compliance requirements. If new permits are required, this website will help you understand which are required and what the application process involves: https://www.deschutes.org/cd/page/permits-research-apply-pay. You can also submit an inquiry for a Permit Technician via deschutes.org/contactcdd.

Onsite Wastewater (Septic)

Unknown or Non-Approved Disposal: If you have received a notice regarding waste disposal, there are characteristics of a structure or use that is producing wastewater that the Onsite Wastewater Division has not approved. This can range from someone living in an RV, to unpermitted bathrooms, or greywater disposal. The use must be approved by the Onsite Wastewater Division through a septic authorization, or if the use is not allowed, it must cease. If the use or installation has been decommissioned, this will need to be verified via a site visit from Code Enforcement staff. For more information from the Onsite Wastewater Division please see this website: https://www.deschutes.org/cd/page/onsiteseptic

Solid Waste (Junk on property)

Solid Waste Violation: If you have received a notice for a solid waste violation, there is an accumulation of discarded materials, vehicles, tires, or other items that constitute solid waste. Likely, the notice you received included photographs of some of the materials or items in question. While the County generally allows some amount of material to be stored on a property, excessive amounts must be removed from the property and disposed of in a proper manner.

Driveway Access Violations

Driveway Access Permits: If you have received notice regarding a driveway access permit, your property has one or more access points to the roadway that has not been approved by the County Road Department. All existing and new driveways require formal approval via a Driveway Access permit. To resolve the unpermitted driveway access, see the following link for next steps. https://www.deschutes.org/cd/page/driveway-access-application-guide

In some circumstances, driveways on a property are not approvable and must be blocked off to prevent access. For questions, please contact the building department at 541-388-6574 or deschutes.org/contactcdd.

Outdoor Lighting Violations

Outdoor Lighting Violation: If you have received a notice regarding outdoor lighting, your property has one or more light fixtures that exceed the requirements for shielded lighting fixtures. If your light is greater than a 100w equivalent incandescent light bulb, it must be shielded below the horizontal plane of the bulb and not project off your property. In even simpler terms, if you have a bright light, the bulb or light emitter for that light fixture should not be visible from any place outside of your property. Typically, the correction for this is to install a lower wattage lightbulb, not leaving lights constantly on during the evening, or installing shielding over the fixture to control the area in which the light can project. The lighting code requirements can be found here: https://deschutescounty.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15.10_OUTDOOR_LIGHTING_CONTROL