Central Oregon Landwatch v. Deschutes County

Where a plan amendment merely expands the allowable locations that could be the subject of future applications to apply particular plan designations, the local government need not adopt findings of compliance with the statewide planning goals if it is clear that those future applications themselves will be required to demonstrate consistency with the goals.

Petitioner appeals a county decision amending its comprehensive plan to remove language limiting the Rural Industrial (RI) and Rural Commercial (RC) designations to specific areas. In a prior decision, LUBA reversed a county decision applying the RI designation and zone to property designated Agriculture and zoned Exclusive Farm Use. Because language in the Deschutes County Comprehensive Plan (DCCP) stated that the RI designation applied to a finite list of acknowledged exception areas, LUBA interpreted the DCCP as limiting the RI designation to those identified areas. The county subsequently amended the DCCP to remove the limiting language relied on by LUBA in the prior decision. This appeal followed.

Under ORS 197.835(6), LUBA must reverse or remand plan amendments that do not comply with the goals. Statewide Planning Goal 14 (Urbanization) prohibits urban uses on rural lands. In its first and second assignments of error, petitioner argues that, because the amendments convert rural land to urban uses, they fail to comply with Goal 14. LUBA agrees with the county that, because the amendments do not actually apply the RI or RC designations to any property, but rather merely expand the allowable locations that could be the subject of future applications to apply those designations, the amendments themselves cannot allow urban use of rural land. Furthermore, nothing in the goals or the DCCP prohibits the county from expanding the areas to which those designations may be applied, so long as any future applications meet the applicable goal, statutory, and rule requirements. The first and second assignments of error are therefore denied and the county’s decision is AFFIRMED.