Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 43 - AREAS OF CRITICAL STATE CONCERN › Section 660-043-0100 - Metolius Area of Critical State Concern

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Legal Effect of the Management Plan.
			 This section of the Metolius Area of Critical State Concern contains the
			 operative provisions of the designation. The earlier sections are intended only
			 as background for the land use management plan. The provisions of the
			 management plan will become effective upon filing of this rule with the
			 Secretary of State. No further action by the commission or by Jefferson of
			 Deschutes County is required for the plan to take effect. Specifically, neither
			 county is required to amend its comprehensive plan or land use regulations as a
			 result of this management plan. Instead, the counties will apply the provisions
			 of this management plan directly to any land use decision that the plan applies
			 to (as specified in more detail below). The Management Plan provisions in this
			 section apply in addition to and (in some cases) instead of other state and
			 local land use statutes, goal, rules, plans and regulations governing land uses
			 within the Area of Critical State Concern. If any statute, goal, rule, plan or
			 regulation conflicts with a provision of this Management Plan, the plan will
			 control upon the effective date of legislation approving the plan. All other
			 programs and regulations of state agencies, Jefferson County and Deschutes
			 County are not affected by this Management Plan. The Management Plan may be
			 amended by the commission, as provided and subject to the limitations contained
			 in subsection 4 of this section.
(2) The Boundary of the Area of Critical
			 Concern. The Area of Critical State Concern consists of two areas: The Metolius
			 basin itself, except for the Three Rivers unincorporated community and lands to
			 the east of Three Rivers (defined by surface hydrology as mapped by the Oregon
			 Water Resources Department, and as shown in Exhibit A) (Area 1); and an area
			 along the edge of the basin located to include lands where groundwater use is
			 likely to adversely effect surface water flows in the Metolius basin, or where
			 large-scale development would adversely affect important deer or elk winter
			 range (as shown in Exhibit A) (Area 2). The eastern boundary of Area 1 was
			 adjusted by the commission to remove the Three Rivers unincorporated community
			 from the boundary, along with lands to the east of Three Rivers. The boundary
			 otherwise encompasses the surface drainage of the Metolius River, including Fly
			 Creek. The boundary of Area 2 was developed based on two criteria: the area
			 where groundwater withdrawals are likely to substantially affect surface flows
			 in the Metolius River (by more than 30 percent); and the area identified as
			 especially sensitive big game habitat by ODFW or identified as important winter
			 or transitional deer or elk range by the U.S. Forest Service. The boundary of
			 Area 2 was adjusted to follow section lines to assist in the administration of
			 the Management Plan.
(3) Management
			 Plan Objectives. The Management Plan for the Metolius Basin Area of Critical
			 State Concern ("the Management Plan") is intended to achieve three important
			 objectives. These objectives will guide the commission and Jefferson and
			 Deschutes Counties in the implementation of the Management Plan.
(a) Protect the Basin. The Management Plan is
			 designed to protect the Metolius Basin (Area 1) and Area 2 from large-scale
			 development that would be inconsistent with the outstanding and unique
			 environmental, cultural and scenic values and resources described in Section V
			 of the Management Plan. This is accomplished by prohibiting large-scale
			 development in the basin itself, and by substantially limiting such development
			 in Area 2. The location and development limits with Area 2 have been planned
			 carefully, based on the likely hydrological impacts of development and the
			 location of important wildlife resources. Within Area 2 the amount, location
			 and type of development are limited to: assure no negative impact to the
			 Metolius River, its springs or its tributaries; assure no negative impact to
			 fish resources in the ACSC; and assure no negative impact to wildlife resources
			 in the ACSC. The limitations do not affect small-scale development allowed
			 under existing zoning, or existing land uses including the development of
			 platted lots in Camp Sherman or the Three Rivers unincorporated
			 communities.
(b) Give Jefferson
			 County a Clear Path to Allow Small-Scale Recreation Oriented Development
			 Consistent with the Carrying Capacity of the Area. The Management Plan also
			 recognizes the economic development objectives of Jefferson County by
			 authorizing small-scale recreation-oriented development within a small portion
			 of the two areas mapped by the county for destination resort development. In
			 addition, the Management Plan allows Jefferson County to remap without regard
			 to the 30-month waiting period that would normally apply under ORS
			 197.455.
(c) Provide a Fair Result for the Property
			 Owners. The Management Plan provides fairness for the property owners that
			 would be directly affected by the proposed management plan by giving them an
			 entitlement that they do not currently have in exchange for the prohibition on
			 large scale resort or other large-scale development. The level of entitlement
			 for the Metolian property set to offset the costs that have been incurred in
			 preparing detailed development plans for the property. The entitlements for the
			 Ponderosa property reflect the development allowed under existing zoning. The
			 Management Plan does not eliminate statutory claims for compensation the owners
			 may (or may not) have under Measure 49.