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Deschutes County Unincorporated
City Zoning Code

CHAPTER 18

88 WILDLIFE AREA COMBINING ZONE; WA

18.88.010 Purpose

The purpose of the Wildlife Area Combining Zone is to conserve important wildlife areas 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 wildlife resource.

HISTORY
Adopted by Ord. PL-15 §4.190(1) on 11/1/1979
Amended by Ord. 93-043 §§13 and 13A on 8/25/1993
Amended by Ord. 2025-009 §7 on 7/1/2025

18.88.020 Application Of Provisions

The provisions of DCC 18.88 shall apply to all areas identified in the Comprehensive Plan as a winter deer range, significant elk habitat, antelope range or deer migration corridor. Unincorporated Communities are exempt from the provisions of DCC 18.88.

HISTORY
Adopted by Ord. PL-15 §4.190(2) on 11/1/1979
Amended by Ord. 92-042 §1 on 8/5/1991
Amended by Ord. 96-003 §6 on 3/27/1996
Amended by Ord. 2004-013 §9 on 9/21/2004
Amended by Ord. 2025-009 §7 on 7/1/2025

18.88.030 Uses Permitted Outright

In a zone with which the WA Zone is combined, the uses permitted outright shall be those permitted outright by the underlying zone.

HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 92-042 §1 on 8/5/1991

18.88.040 Uses Permitted Conditionally

  1. Except as provided in DCC 18.88.040(B), in a zone with which the WA Zone is combined, the conditional uses permitted shall be those permitted conditionally by the underlying zone subject to the provisions of the Comprehensive Plan, DCC 18.128 and other applicable sections of this title. To minimize impacts to wildlife habitat, the County may include conditions of approval limiting the duration, frequency, seasonality, and total number of all outdoor assemblies occurring in the WA Zone, whether or not such outdoor assemblies are public or private, secular or religious.
  2. The following uses are not permitted in that portion of the WA Zone designated as deer winter ranges, significant elk habitat, or antelope range:
    1. Golf course, not included in a destination resort;
    2. Commercial dog kennel;
    3. Public or private school;
    4. Bed and breakfast inn;
    5. Dude ranch;
    6. Playground, recreation facility or community center owned and operated by a government agency or a nonprofit community organization;
    7. Time share unit;
    8. Veterinary clinic;
    9. Fishing lodge.
  3. Subject to DCC 18.88.040(E), the following uses are permitted in that portion of the WA zone designated as the Bend/La Pine Deer Migration Corridor as conditional uses:
    1. Religious institutions or assemblies;
    2. Public or private school;
    3. Bed and breakfast inn;
    4. Playground, recreation facility or community center owned and operated by a government agency or a nonprofit community organization;
  4. Subject to DCC 18.113, destination resorts are allowed as a conditional use in that portion of the WA zone designated as the Bend/La Pine Deer Migration Corridor as long as the property is not in an area designated as “Deer Migration Priority Area” on the 1999 ODFW map submitted to the South County Regional Problem Solving Group.
  5. Use limitations. The uses listed in DCC 18.88.040(C) are subject to the applicable provisions of DCC 18.116 and 18.124 and the following criteria:
    1. The lot or parcel shall be zoned RR-10;
    2. The lot or parcel shall be located within one-quarter mile of a rural service center and abut a rural collector or a rural arterial identified on the Deschutes County Transportation Plan;
    3. The lot or parcel shall have a lot area not less than one acre and no more than five acres;
    4. The lot or parcel shall be farther than 100 feet from identified wetlands, floodplains, or riparian area.
    5. The lot or parcel shall be outside areas designated as “Existing High Use Migration Areas” or “Important Connective Areas Through Existing Developed Areas” on the 1997 ODFW map submitted to the South County Regional Problem Solving Group.
    6. Fences developed as part of the conditional uses listed in DCC 18.88.040(C) shall be built from posts and poles or smooth wire and shall have a minimum bottom pole or wire height of 18 inches from the ground and a maximum top pole or wire height of 40 inches from the ground. Fences exempted from these standards shall be constructed in accordance with the provisions of DCC 18.88.070(B).
  6. Expansion of any use listed in DCC 18.88.040(B) that was lawfully established prior to August 5, 1992, is allowed, subject to provisions of DCC Title 18 applicable to the establishment of such uses. Expansion of golf courses under DCC 18.88.040 shall be limited to a final size of 18 holes.
HISTORY
Adopted by Ord. PL-15 §4.190(4) on 11/1/1979
Amended by Ord. 92-042 §1 on 8/5/1991
Amended by Ord. 95-001 §3 on 3/29/1995
Amended by Ord. 95-075 §1 on 11/29/1995
Amended by Ord. 98-013 §1 on 1/28/1998
Amended by Ord. 2001-019 §1 on 4/25/2001
Amended by Ord. 2018-003 §1 on 1/25/2018
Amended by Ord. 2020-001 §11 on 4/21/2020
Amended by Ord. 2025-002 §21 on 3/28/2025
Amended by Ord. 2025-009 §7 on 7/1/2025

18.88.050 Dimensional Standards - General/Discretionary Standards

In a WA Zone, the following dimensional standards shall apply:

  1. In the Tumalo, Metolius, North Paulina, and Grizzly deer winter ranges designated on the County’s official zoning map, the minimum lot size for new lots or parcels shall be 40 acres except as provided in DCC 18.88.050(D).
  2. In areas designated as significant elk habitat in the County’s official zoning map, the minimum lot size for new lots or parcels shall be 160 acres.
  3. In areas designated as antelope range in the County’s official zoning map, the minimum lot size for new lots or parcels shall be 320 acres.
  4. Residential land divisions, including partitions, in deer winter range where the underlying zone is RR-10 or MUA-10, shall not be permitted except as a planned development or cluster development conforming to the following standards:
    1. The minimum lot area for a planned or cluster development shall be at least 40 acres.
    2. The planned or cluster development shall retain a minimum of 80 percent of the lot area as open space and conform with the provisions of DCC 18.128.200 or DCC 18.128.210.
    3. Notwithstanding other provisions in Title 18, the total number of dwelling units in a cluster development may not exceed the density permitted in the underlying zone.
  5. Residential land divisions, including partitions, in the Bend/La Pine Deer Migration Corridor designated on the County’s official zoning map where the underlying zone is RR-10 shall not be permitted except as a cluster development conforming to the following standards:
    1. The minimum lot area for a cluster development shall be at least 20 acres.
    2. The cluster development shall retain a minimum of 80 percent of the lot area as open space and conform with the provisions of DCC 18.128.200 or 210.
    3. Notwithstanding other provisions in Title 18, the total number of dwelling units in the cluster development may not exceed the density permitted in the underlying zone.
HISTORY
Adopted by Ord. PL-15 §4.190(6) on 11/1/1979
Amended by Ord. 92-042 §1 on 8/5/1991
Amended by Ord. 95-075 §1 on 11/29/1995
Amended by Ord. 2025-002 §21 on 3/28/2025
Amended by Ord. 2025-009 §7 on 7/1/2025

18.88.051 Dimensional Standards - Clear And Objective Standards Pursuant To DCC 22.08.040

In a WA Zone, the following dimensional standards shall apply:

  1. In the Tumalo, Metolius, North Paulina, and Grizzly deer winter ranges designated on the County’s Official Zoning map, the minimum lot for new lots or parcels shall be 40 acres except as provided in DCC 18.88.051(D).
  2. In areas designated as significant elk habitat in the designated on the County’s Official Zoning map, the minimum lot size for new lots or parcels shall be 160 acres.
  3. In areas designated as antelope range in the designated on the County’s Official Zoning map, the minimum lot size for new lots or parcels shall be 320 acres.
  4. Land divisions creating lots or parcels eligible for a dwelling unit in deer winter range where the underlying zone is RR-10 or MUA-10, are not permitted.
  5. Land divisions creating lots or parcels eligible for a dwelling unit in the Bend/La Pine Deer Migration Corridor designated on the County’s Official Zoning map where the underlying zone is RR-10 are not permitted.
HISTORY
Adopted by Ord. 2025-009 §7 on 7/1/2025

18.88.060 Siting Standards

  1. Setbacks shall be those described in the underlying zone with which the WA Zone is combined.
  2. Dwelling Unit Placement.
    1. General/Discretionary Standard: The structural footprint, including decks and porches, for new dwelling units shall be located entirely within 300 feet of public roads, private roads, or recorded easements for vehicular access existing as of August 5, 1992, unless it can be found that:
      1. Habitat values (i.e., browse, forage, cover, access to water) and migration corridors are afforded equal or greater protection through a different development pattern; or,
      2. The siting within 300 feet of such roads or easements for vehicular access would force the dwelling unit to be located on irrigated land, in which case, the dwelling unit shall be located to provide the least possible impact on wildlife habitat considering browse, forage, cover, access to water, and migration corridors, and minimizing length of new access roads and driveways; or,
      3. The dwelling unit has a maximum setback of no more than 50 feet from the edge of a driveway that existed as of August 5, 1992.
    2. Clear and Objective Standard pursuant to DCC 22.08.040: The structural footprint, including decks and porches, for dwelling unit shall be located entirely within 300 feet of public roads, private roads, or recorded easements for vehicular access existing as of August 5, 1992.
  3. General/Discretionary Standards: Submitting evidence for purposes of DCC 18.88.060(B)(1):
    1. A private road, easement for vehicular access, or driveway will conclusively be regarded as having existed prior to August 5, 1992, if the applicant submits any of the following:
      1. A copy of an easement recorded with the County Clerk prior to August 5, 1992, establishing a right of ingress and egress for vehicular use;
      2. An aerial photograph with proof that it was taken prior to August 5, 1992, on which the road or driveway allowing vehicular access is visible;
        1. An aerial photograph will be found to meet DCC 18.88.060(C)(1)(b) if and only if a continuous, improved, or cleared vehicular travel surface of at least 10 feet in width is clearly visible on such photograph.
      3. A map published prior to August 5, 1992, or Assessor's map from prior to August 5, 1992, showing the road (but not showing a mere trail or footpath).
    2. An applicant may submit any other evidence thought to establish the existence of a private road, easement for vehicular access, or driveway as of August 5, 1992, which evidence need not be regarded as conclusive.
  4. Clear and Objective Standards pursuant to DCC 22.08.040: Submitting evidence for purposes of DCC 18.88.060(B)(2):
    1. A private road, easement for vehicular access, or driveway will conclusively be regarded as having existed prior to August 5, 1992, if the applicant submits any of the following:
      1. A copy of an easement recorded with the County Clerk prior to August 5, 1992, establishing a right of ingress and egress for vehicular use;
      2. United States Geological Survey Topographic Map published prior to August 5, 1992 showing the road (but not showing a mere trail or footpath).
HISTORY
Amended by Ord. 92-042 §1 on 8/5/1991
Amended by Ord. 95-001 §3 on 3/29/1995
Amended by Ord. 2025-002 §21 on 3/28/2025
Amended by Ord. 2025-009 §7 on 7/1/2025

18.88.070 Fence Standards

The following fencing provisions shall apply as a condition of approval for any new fences constructed as a part of development of a property in conjunction with a conditional use permit or site plan review.

  1. New fences in the Wildlife Area Combining Zone shall be designed to permit wildlife passage. The following standards and guidelines shall apply unless an alternative fence design which provides equivalent wildlife passage is approved by the County after consultation with the Oregon Department of Fish and Wildlife:
    1. The distance between the ground and the bottom strand or board of the fence shall be at least 15 inches.
    2. The height of the fence shall not exceed 48 inches above ground level.
    3. Smooth wire and wooden fences that allow passage of wildlife are preferred. Woven wire fences are discouraged.
  2. Exemptions:
    1. Fences encompassing less than 10,000 square feet which surround or abut dwelling units or structures are exempt from the above fencing standards.
    2. Corrals used for working livestock.
HISTORY
Adopted by Ord. 92-042 §1 on 8/5/1991
Amended by Ord. 2025-002 §21 on 3/28/2025

PL-15

93-043

2025-009

92-042

96-003

2004-013

91-020

95-001

95-075

98-013

2001-019

2018-003

2020-001

2025-002