Oregon 
John A_ Kitzhaber, M.D., Governor 
Department of Land Conservation and Development 
635 Capitol Street ME, Suite 150 
^ Salem, OR 97301-2540 
(503) 373-0050 
Director's Office Fax (503) 378-5518 
Main Fax: (503) 37S-6G33 
V/eb Address: http://wwwicd.stats.or.us 
NOTICE OF ADOPTED AMENDMENT 
January 13, 2012 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Angela Houck, Plan Amendment Program Specialist 
SUBJECT: Deschutes County Plan Amendment 
DLCD File Number 001-12 
The Department of Land Conservation and Development (DLCD) received the attached notice of 
adoption. Copies of the adopted plan amendment are available for review at DLCD offices in Salem, 
the applicable field office, and at the local government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT OR DEADLINE TO APPEAL: Friday, January 27, 2012 
NOTE: This amendment was not submitted to DLCD for review prior to adoption because the 
jurisdiction determined that the statewide planning goals did not apply. Pursuant to 
OAR 660-18-060, the Director or any person is eligible to appeal this action to LUBA under 
ORS 197.830 to 197.845. 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. 
If you have questions, check with the local government to determine the appeal deadline. Copies of 
the notice of intent to appeal must be served upon the local government and others who received 
written notice of the final decision from the local government. The notice of intent to appeal must be 
served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). 
Please call LUBA at 503-373-1265, if you have questions about appeal procedures. 
*NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION 
WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE 
BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED 
TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER 
THAN THE DATE SPECIFIED ABOVE. 
cc: Peter Gutowsky, Deschutes County 
Jon Jinings, D L C D Community Services Specialist 
Karen Swirsky, D L C D Regional Representative 
<paa> N 
Hg Jn person eleciriinic O mailed 
1 2 DLCD 0 E P T 0 F 
!0K 
N o t i c e o f A d o p t i o n LA#D COwaeBVATlON 
— a n d d e v e l o p MEM 
THIS FORM MUST BE MAILED TO DLCD 
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION 
PERORS 197.610, OAR CHAPTER 660-DIVISION 18 , ' 1 ) r l l i r i " ; s c < ) , , l y 
Jurisdiction: Deschutes County Local file number TA11-5 
Date of Adoption: January 4, 2012 Electronic / Date Mailed: January 516 2012 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Date: No. 
• Comprehensive Plan Text Amendment Q Comprehensive Plan Map Amendment 
• Land Use Regulation Amendment Q Zoning Map Amendment 
• New Land Use Regulation 0 Other: Historical Preservation ar.J 
Historical Landmarks Commission 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." 
The Board of County Commissioners adopted amendments that restructure the number of appointed 
Historical Landmarks Commissioners from nine to five and grant the Board the authority to make four of those 
appointments. The City of Sisters would appoint the fifth. The reason for the amendment stems from the Cities 
of Redmond, Bend and La Pine establishing their own historical landmarks commissions. 
ORS 197.610(2), post-acknowledgment procedures were not initiated because the statewide planning goals 
do not apply to the legislative amendments. The amendments to Deschutes County Code, Chapter 2.28 just 
restructure the number of Historical Landmarks Commissioners. 
Does the Adoption differ from proposal? 
MIA 
Plan Map Changed from to: 
Zone Map Changed from to: 
Location: Acres Involved 
Specify Density: Previous New 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
• • • • • • • • • • • • • • • • • D O 
Was an Exception Adopted? • YES 21 NO 
Did DLCD receive a Notice of Proposed Amendment. 
45-days prior to first evidentiary hearing? • Yes 0 No 
If no, do the statewide planning goals apply? • Yes 0 No 
If no, did Emergency Circumstances require immediate adoption? Q Yes 0 No 
n^iainaiNaHnimnMM 
DLCD file No. 001-12 (19133) T168881 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
Deschutes County, Oregon Department of Land Conservation and Development 
Local Contact: Peter Gutowsky 
Address 117 NW Lafayette 
City Bend Zip: 97701 
Phone: (541)385-1709 Extension 
Fax Number: 541-385-17G4 
E-mail Address: peterg@co.deschutes.or.us 
ADOPTION SUBMITTAL REQUIREMENTS 
T is form must be mailed to DLCD within 5 working days after the final decision 
per ORS 197.610, OAR Chapter 660 - Division 18. 
1. Send this Form and TWO Complete Copies ("documents and maps) of the Adopted Amendment to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPTTOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
2. Electronic Submittals: At least one hard copy must be sent by m; 1 or n person, or by emailing 
larry.french@state.ar.us. 
3 Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days 
following the date of the final decision on the amendment. 
4. Submittal of th'S Notice of Adoption must include the text of the amendment plus adopted findings 
and supplementary information. 
5. The deadline to appeal will not be extended if you submit this notice of adoption within five working 
days of the final decision. Appeals to LUBA maybe filed within twenty-one (21) days of the date, the 
Notice of Adoption is seni to DLCD. 
6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated i i the 
local hearing and requested noticc of the final decision. 
7 Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/ Please 
print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax 
your request to (503) 378-5518; or Email your request to larry.french@state.or.us - Attention: Plan 
Amendment Specialist. 
Updated March 17,2009 
REVIEWED 
LEGAL COUNSEL 
For Recording Stamp Only 
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 
An Ordinance Amending Title 2.28 of the Deschutes * 
County Code, to Change the Composition of the * ORDINANCE NO. 2012-001 
Deschutes County Historical Landmarks Commission * 
WHEREAS, at the request of the Deschutes County Board of Commissioners ("Board"), the 
Community Development Department initiated the amendment of the Deschutes County Code ("DCC") Chapter 
2.28, Historical Preservation and Historical Landmarks Commission to remove the cities of Bend and Redmond 
from representation on the Historical Landmarks Commission and to add the City of La Pine; and 
WHEREAS, the Deschutes County Historical Landmarks Commission held a work session on October 
20, 2011 and, on that same date forwarded a recommendation to the "Board" for the first evidentiary hearing on 
December 19, 2011; and 
WHEREAS, the Deschutes County Planning Commission held a work session on November 10, 2011 
and, on that same date, forwarded to the "Board" a recommendation of approval; and 
WHEREAS, the "Board" considered this matter after a duly noticed public hearing on December 19, 
2011 and concluded that the public will benefit from changes to "DCC" Chapter 2.28; now, therefore, 
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS 
as follows: 
Section 1. AMENDMENT. DCC 2.28 is amended to read as described in Exhibit "A," attached hereto 
and by this reference incorporated herein, with new language underlined and language to be deleted in 
strikcthrough. 
PAGE 1 OF 2 - ORDINANCE NO. 2012-001 
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B," attached and incorporated by 
reference herein. 
Dated this of 
J 
^ > 2012 B O A R D OF COUNTY COMMISSIONERS 
OF DESCHUTES C O U N T Y , OREGON 
ATTEST: 
Recording Secretary 
Date of 1st Reading: day of 
Date of 2nd Reading: day o f 
A N T H O N Y DEBONE, Chair 
ALAN UNGER, Vice Chair 
Commissioner 
Tammy Baney 
Anthony De Bone 
Alan Unger 
Record of Adoption Vote: 
Yes N o Abstained Excused 
Effective date day of 2012. 
PAGE 2 OF 2 - ORDINANCE NO. 2012-001 
****" Denotes portions of the code not amended by Ordinance 2012-001. 
Chapter 2.28. HISTORICAL PRESERVATION AND HISTORICAL LANDMARKS 
COMMISSION 
2.28.040. Administration. 
2.28.040. Administration. 
A. The Landmarks Commission is composed of nine five voting and an_undetermined number of fteft-
vetiftg-ex-officio members, who have demonstrated expertise in historic preservation related disciplines 
1. The voting members must reside within the County.T 
4-2. The membership of the Landmarks Commission shall, to the extent possible, be representative of 
the various geographic areas of the County. 
3. The Board of County Commissioners shall appoint four Landmark Commissioners from the 
unincorporated area of the County. 
a4. Upon recommendation of the association president, the Board shall appoint one of the four 
Commissioners to represent the Deschutes County Pioneer Association; 
to represent the City of Bend; 
2-.—The Mayor of Redmond shall appoint one Commissioner to represent the City of Redmond; 
55. The Mayor of Sisters shall appoint one Commissioner to represent the City of Sisters; and 
Upon recommendation of the respective association president, the Board shall appoint one 
County Pioneer Association; and 
6. The ex-officio members shall be appointed by the Deschutes; County Board of County 
B. Landmarks Commissioners^ shall be qualified in accordance with the guidelines as describedfined in 
the National Parks Service's Certified Local Government Program requirements (Appendix "P". 
least some of the commission members should meet professional qualifications in the disciplines of 
history, architecture, architectural history, archaeology, or related fields. 
C. Landmarks Commissioners serve four-year terms. Any vacancy occurring in a position for any reason 
other than expiration of a term shall be filled by appointment for the remainder of the term. 
D. Ex-Officio Members. 
1. In addition to the ftme-five official voting members, there shall be an undetermined number of 
tiaison personsCommissioners to act ascalled ^ex officio members" to be called in as appropriate 
tew ho will act in an non-voting, advisory capacity to the Landmarks Commission and County staff. 
2. These ex officio members shall not be entitled to vote and are not required to reside within 
Deschutes County. 
3. These persons shall be representative of organizations including, but not limited to, the United 
States Forest Service, United States Bureau of Land Management, the County building division, 
PAGE 1 OF 2 - EXHIBIT "A"" TO ORDINANCE 2012-001 
the American Institute of Architects, the Confederated Tribes of Warm Springs. Burns Paiute 
Tribe, and Klamath Tribes. 
E. The officers of the Landmarks Commission shall consist of a chairperson, vice-chairperson and 
| secretary, each elected by a majority vote of the Commission. 
F. The regular time, place and manner of notice of meetings shall be fixed by rules of the Landmarks 
Commission. However, the Landmarks Commission shall meet at least on a quarterly basis. 
| G. The Landmarks Commission shall establish and adopt its own rules of procedure. The Landmarks 
Commission shall submit an annual report to the Board. 
H. Any clerical and staff assistance necessary shall be provided by the County Planning Division staff or as 
otherwise delegated by the Boardwhen appropriate. 
I. The Landmarks Commission shall serve as a hearings body for matters concerning historic and cultural 
resources within the County and the eC it vies of Bend, La Pine, Redmond and-Sisters. 
}-.—The commission may adopt such procedural rules and regulations as it finds necessary or appropriate to 
carry out DCC 2.28. Such rules and regulations shall be approved by the Board. 
KJ. The commission may act upon requests by any citizen, by owners of buildings or sites or on its own 
motion concerning the designation of particular districts, buildings and/or structures or sites. 
| LK.The commission shall have authority to inspect or investigate any district, building and/or structure or 
site in the County which it is requested to designate, or which it has reason to believe is an architectural 
and/or historical landmark. 
ML. The commission shall review all information which it has and shall hold hearings as prescribed in 
DCC 22.4-224.035058 through 22.24.160. 
NM. The commission shall have authority to coordinate historical preservation programs of the county, 
state and federal governments, as they relate to property within the County. 
| ON. The commission may recommend to the Board or the State Legislature any changes of law which it 
finds appropriate. 
| PO. Current List of Historic and Cultural Resources. 
1. The commission shall compile and maintain a current list of all historical and cultural resources, the 
applicable tax lots and addresses, the date of designation, and a brief description of the resource and 
reasons for inclusion. 
2. Disclosure of the locations and descriptions of designated archaeological sites is subject to 
appropriate state and federal laws. 
| QP.The commission shall notify all property owners of sites recommended for designation of such 
recommendation. The site will not be approved for a historic designation unless the property owners at 
the time of designation support the local designation of their property as a historic or cultural resource. 
| RQ.The commission shall have authority to take such steps as it finds appropriate or necessary to make 
available to the public information concerning its activities and various districts, buildings and/or 
structures and sites to be designated pursuant to DCC 2.28. 
| SR. The Landmarks Commission shall perform such other duties relating to historical matters as the Board 
of County Commissioners may request. 
TS. Commissioners shall serve without compensation. 
(Ord. 2012-001 §1; Ord. 2010-019 §1; Ord. 2005-029 §1, 2005; Ord. 95-027 §1, 1995; Ord. 88-008 §3, 
1988; Ord. 88-008 §4, 1988; Ord. 88-008 §5, 1988; Ord. PL-21 §2, 1980; Ord. PL-21 §3, 1980) 
PAGE 2 OF 2 - EXHIBIT "A"- TO ORDINANCE 2012-001 
Community Development Department 
Planning Div is ion Bui lding Safe ty Division Envi ronmenta l Heal th Division 
mzza-miimmwmmmmmmmmmt'ms^ -mm*. -mmm&si mm 
117 NW Lafayette Avenue Bend Oregon 97701-1925 
(541)388-6575 FAX (541)385-1764 
http://www.co.deschutes.or.us/cdd/ 
FINDINGS 
The Deschutes County Historical Landmarks Commission (HLC) held a work session on 
October 20, 2011 on Ordinance 2012-001 to discuss legislative amendments to 
Deschutes County Code (DCC) Chapter 2.28, Historic Preservaton and Historical 
Landmarks Commission. The Deschutes County Planning Commission held a 
subsequent work session on November 10, 2011. 
The first evidentiary hearing with the Deschutes County Board of Commissioners 
occurred on December 19, 2011.1 
BACKGROUND 
At the request of the Deschutes County Board of Commissioners (Board), the 
Community Development Department initiated a program to amend DCC Chapter 2.28, 
Historical Preservation and Historical Landmarks Commission. The reason for the 
amendment stems from the Cities of Redmond, Bend and La Pine establishing their 
own historical landmarks commissions. 
PROPOSED PLAN AMENDMENT 
Staff proposes amendments that further clarify DCC Chapter 2.28. The proposed 
amendments are described in the attached exhibits. Deleted language is shown as 
strikethrough. 
REVIEW CRITERIA 
Ordinance 2012-001 is proposed for adoption. The amendments restructure the number 
of appointed Historical Landmarks Commissioners from nine to five and grant the Board 
the authority to make four of those appointments. The City of Sisters would appoint the 
fifth. Nonetheless, because this is a Deschutes County initiated amendment, the County 
bears the responsibility for justifying that the amendments are consistent with relevant 
Oregon Revised Statutes (ORS, and the Deschutes County Comprehensive Plan. 
1 A public notice was published in the Bulletin on December 9, 2011. 
Exhibit B to Ordinance 2012-001 Page 1 of 4 
Quality Services Performed with Pride 
FINDINGS 
1. State Notification Requirements 
• ORS 197.610(2),2 Post-acknowledgment procedures, was not initiated because as 
demonstrated below, the statewide planning goals do not apply to the legislative 
amendments. The amendments to DCC Chapter 2.28 just restructure the number of 
appointed Historical Landmarks Commissioners from nine to five and grant the 
Board with the authority to make four of those appointments. The City of Sisters 
would appoint the fifth. 
• ORS 215.503,3 Notice to property owners, was not initiated because the 
amendments to DCC Chapter 2.28 do not loosen or tighten restriction beyond what 
exists today. 
2. Consistency with Deschutes County Comprehensive Plan 
Staff proposes amendments that restructure the number of appointed Historical 
Landmarks Commissioners from nine to five and grant the Board with the authority to 
make four of those appointments. The City of Sisters will appoint the fifth. 
Table 1 - Cultural and Historic Resource Policies (Section 2.11) 
Goal and Policies Amendments 
Goal 1 Promote the preservation of designated historic and 
cultural resources through education, incentives and 
voluntary programs 
Policy 2.11.1 The Historic Landmarks Commission shall take 
the lead in promoting historic and cultural resource 
preservation as defined in DCC 2.28. 
a. Support incentives for private landowners to protect and 
restore historic resources. 
b. Support the Historic Landmarks Commission to promote 
educational programs to inform the public of the values 
of historic preservation. 
c. Support improved training for the Historic Landmarks 
Commission. 
Policy 2.11.2 Coordinate cultural and historic preservation 
with the Oregon State Historic Preservation Office. 
a. Maintain Deschutes County as a Certified Local 
Government. 
b. Encourage private property owners to coordinate with 
the State Historic Preservation Office. 
No Changes 
2 http://www.leq.state.or.us/ors/197.html 
3 http://www. leg, state, or. us/ors/215. html 
Exhibit B to Ordinance 2012-001 Page 2 of 4 
Table 1 - Cultural arid Historic Resource Policies (Section 2.11) 
Goal arid Policies Amendments 
Policy 2.11.3 Encourage the preservation 
significant historic or cultural resources. 
of lands with 
a. Develop and maintain a comprehensive list of sites on 
the National Register of Historic Places, 
b. Review County Code and revise as needed to provide 
incentives and adequate regulations to preserve sites 
listed on the Statewide Goal 5 historic and cultural 
inventory. 
Policy 2.11.4 Goal 5 historic inventories, ESEEs and 
programs are retained and not repealed, except for the 
amendment noted in Ordinance 2011-003. 
No Changes 
Although Policy 2.11.1 recognizes the HLC as the lead entity to promote historic and 
cultural resource preservation, the cities of Bend, Redmond, and La Pine are forming 
their own because they determined that their historic preservations issues are unique 
within their own boundaries. Additionally, more state funding for the preservation of 
historical landmarks and archeological sites may be possible if the three cities each 
form their own Certified Local Government Organization under the state historic 
preservation laws. As a result, while the break-off of those three cities does not meet 
with the policy of having one commission for all jurisdictions within the county, it does 
meet the policy (Policy 2.11.3) of encouraging greater preservation of historic and 
cultural sites. Therefore, the restructuring of the County's commission is in compliance 
with County's Comprehensive Plan. 
3. Ordinance 2012-001 I DCC Chapter 2.28 Amendments 
Ordinance 2012-001 amends DCC Chapter 2.28, Historic Preservation and Historical 
Landmarks Commission. The amendments restructure the number of appointed 
Historical Landmarks Commissioners from nine to five and grant the Board with the 
authority to make four of those appointments. The City of Sisters will appoint the fifth. 
The text amendments are summarized below: 
2.28.040. Administration. 
A. The Landmarks Commission is composed of five voting and an undetermined number 
ofex-officio members. 
1. The voting members must reside within the County. 
2. The membership of the Landmarks Commission shall, to the extent possible, be 
representative of the various geographic areas of the County. 
3. The Board of County Commissioners shall appoint four Landmark Commissioners 
from the unincorporated area of the County. 
Exhibit B to Ordinance 2012-001 Page 3 of 4 
4. Upon recommendation of the association president, the Board shall appoint one of 
the four Commissioners to represent the Deschutes County Pioneer Association; 
5. The Mayor of Sisters shall appoint one Commissioner to represent the City of 
Sisters; and 
6. The ex-officio members shall be appointed by the Board. 
B. Landmarks Commissioners: To the extent they are available, at least some of the 
commission members should meet professional qualifications in the disciplines of 
history, architecture, architectural history, archaeology, or related fields. 
D. Ex-Officio Members. 
1. In addition to the five voting members, there shall be an undetermined number of 
Commissioners called "ex officio members" who will act in a non-voting, advisory 
capacity to the Landmarks Commission and County staff. 
2. These ex officio members shall not be entitled to vote and are not required to 
reside within Deschutes County. 
3. These persons shall be representative of organizations including, but not limited to, 
the United States Forest Service, United States Bureau of Land Management, the 
County building division, the American Institute of Architects, the Confederated 
Tribes of Warm Sphngs, Bums Paiute Tribe, and Klamath Tribes. 
E. The officers of the Landmarks Commission shall consist of a chairperson, vice 
chairperson and secretary, each elected by a majority vote of the Commission. 
G. The Landmarks Commission shall submit an annual report to the Board. 
H. Any clerical and staff assistance necessary shall be provided by the County Planning 
Division staff or as otherwise delegated by the Board. 
I. The Landmarks Commission shall serve as a hearings body for matters concerning 
historic and cultural resources within the County and the City of Sisters. 
L. The commission shall reviev/ all information which it has and shall hold hearings as 
prescribed in DCC 22.24.050 through 22.24.160. 
Exhibit B to Ordinance 2012-001 Page 4 of 4 
Community Development Department 
117 NW Lafayette Avenue • Bend, Oregon 97701-1325 
049J82052293 
$00,465 
01/06/2012 
Mailed From 97701 
US POSTAGE 
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