Central Oregon Landwatch v. Deschutes County

Goal 6, or OAR 660-015-0000(6), is to “maintain and improve the quality of the air, water and land resources of the state.”

Petitioner challenged the rezoning of Respondent’s property from Exclusive Farm Use to Rural Industrial (RI). Cross-Respondent, Deschutes County, approved the rezoning, which Petitioner appealed. Petitioner assigned error to LUBA’s approval of the rezoning plan and argued that the rezoning violated Statewide Planning Goal 6. Petitioner argued that Goal 6 was not complied with because there was no guarantee that rezoning would not violate state environmental quality standards as the property lacked water and sewer service. Respondent relied on Deschutes County Code 18.100.030(j) which requires state review before approval which amounts to a “reasonable expectation” that no environmental quality statutes would be violated. Goal 6, or OAR 660-015-0000(6), is to “maintain and improve the quality of the air, water and land resources of the state.” The Court credited LUBA’s finding that the property had access to water and that waste would be treated on-site. Affirmed on petition and cross-petition.