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Natural Features and Open Space

2-1    The city will inventory and maintain a list of natural features and open space lands that are important to the community.

2-2    The city and Bend Park and Recreation District shall share the responsibility to inventory, purchase, and manage public open space, and shall be supported in its efforts by the city and county. The City recognizes the Park and Recreation District as the urban service provider of parks within the UGB.

2-3    During January of each “odd numbered” calendar year, individuals may apply to the City for new ASI designations to be added to the Comprehensive Plan and the zoning maps. During the same period of time, the City shall review city owned properties for potential new ASI designations.

2-4    Detailed maps of the Areas of Special Interest shall provide guidance to property owners and staff in interpreting the ASI boundary location.

2-5    The City shall review proposed developments that include Areas of Special Interest and natural features identified on the Plan Map to ensure they follow the policies of this Plan.

2-6    Major rock outcrops, stands of trees, or other prominent natural features identified in the Comprehensive Plan shall be preserved as a means of retaining the visual character and quality of the community.

2-7    Natural tree cover should be retained along streets in new developments to retain the natural character of Central Oregon within the urban area as the community grows.

2-8    All residential development should respect the natural ground cover of the area, and the city shall work with developers to preserve mature trees within the subdivision.

2-9    The City shall develop standards to conserve mature native trees and standards that describe the types of trees for commercial and industrial developments that are compatible with Central Oregon’s climate.

2-10    The City shall participate with other governments, special districts, non-profit organizations, land trusts, interested businesses, and citizens in protecting open space.

2-11    The City shall develop flexible subdivision and development standards that make it easier for developers to provide open space within a neighborhood.

2-12    The City shall evaluate and adopt standards for the types of landscape materials and amount of open area buffers around structures that reduce the risk of loss from wildfires at the edge of the urban area.

2-13    The City shall have the primary responsibility for reviewing land development that includes opportunities for the creation of private open space areas.

2-14    The City will consider how best to protect important native fauna and flora within the Bend urban area, as identified by the open space and natural features inventory.

Deschutes River Corridor

2-15    The City shall seek opportunities to retain the banks and canyon of the Deschutes River as public or private open space throughout its entire length within the planning area.

2-16    Within the Areas of Special Interest designated on the Plan Map, the city and county may allow developments that carry out the intent of the Plan to enhance the variety and livability of the Bend Urban Area, and provided that such developments:

o    are not subject to natural hazards;

o    would not inflict irreversible harm to the riparian zone;

o    would enhance public open space, parks and access;

o    are designed to be compatible with natural features; and

o    provide access to the river or a trail along the river corridor to the extent allowed by law.

2-17    The City shall prepare development regulations to further reduce visual and ecological impacts of development along Tumalo Creek and the Deschutes River.

2-18    The City shall request that the ODFW develop a list of trees and vegetation appropriate for planting along the Deschutes River. The list shall be used during design review of proposed riverfront development when landscaping or screening issues are considered.

Fish and Wildlife

2-19    The City shall ensure through conditions of approval that development in the Urban Reserve Area adjacent to or within one mile of lands designated by the County’s wildlife overlay zone incorporate setbacks or buffers to protect designated wildlife areas.

2-20    All trout spawning areas shall be considered significant habitat and shall be protected.

2-21    The City shall promote and support educational programs on riparian natural history, river maintenance and courtesies, impacts of habitat alteration, and habitat disturbance by domestic animals and human activities.

2-22    The City shall request that the USFS and ODFW adopt a winter elk management plan for the Benham Falls elk herd. Emphasis should be given to identification of their sensitive habitat in order to minimize potential conflict with development and recreational activities.

2-23    If significant Goal 5 wildlife habitat areas or nesting sites are documented during future Periodic Review inventory work the City will adopt new protection measures if existing codes are not adequate to protect the resource.

Wetlands and Riparian Areas

2-24    The City’s Local Wetland Inventory map and list in the Comprehensive Plan replaces the National Wetlands Inventory map for the area within the Urban Growth Boundary.

2-25    Wetland areas that are significant Goal 5 resources to be protected through the city’s riparian corridor standards are those areas listed and mapped in the Comprehensive Plan.

Deschutes Basin Study Policies

The following policies were developed by the city, county, and a citizens committee in the late 1980s in response to a number of issues that could impact the Deschutes River. Most of the policies deal with issues of regional or statewide significance, and are therefore beyond the scope of the Bend Area Comprehensive Plan.

1. The City and county shall establish a water conservation committee including, but not limited to, local representatives from the irrigation districts, Department of Water Resources, Department of Fish and Wildlife (ODFW), United States Forest Service (USFS), Deschutes County and the City of Bend Planning Department, and Deschutes County and Bend Planning Commissions to provide an ongoing forum regarding water management on the Deschutes River and its tributaries and to make recommendations to appropriate agencies. The committee should:

i. Request assistance through Bonneville Power Administration’s (BPA) technical assistance program for technical improvements in methods of irrigation and means of conservation of both water and energy.

ii. Request assistance from the Water Resources Department, Bureau of Reclamation, and Soil and Conservation Districts to initiate an in-depth study of, and to set priorities for, actions that should be taken to improve the irrigation districts’ delivery systems.

iii. Assist the county and City in the implementation of the goals and policies of this section.

2. The City and county shall petition the Water Resources Department to amend the appropriate provisions in the Deschutes River Basin Plan to reflect the recommendations of the River Study Task Force.

3. The City and county shall petition the State Legislature to amend state law to designate in- stream use as a beneficial use to ensure that rights designated to in-stream use shall not be subject to downstream appropriation by holders of equal or junior rights, and petition the Water Resources Department to adopt a uniform, easily-accomplished process for the transfer of water rights in the Deschutes River Basin to in-stream use.

4. The City and county shall petition the Bureau of Reclamation to conduct a feasibility study on the Manner Reservoir site, including (a) the non-irrigation flow required for filing, (b) to what extent gravity feed irrigation would be possible, and (c) to what extent low flows below Wickiup Dam could be augmented during the non-irrigation season.

5. The City and county shall petition the Bureau of Reclamation, USFS, United States Geological Survey (USGS), and the Oregon Department of Environmental Quality (DEQ), to establish a bedload of sediment monitoring program and to determine an appropriate maximum discharge from Wickiup Dam, which program addresses the effects of bank erosion on rehabilitation of spawning habitat, riverfront property, recreation and scenic values, and accomplishes the determination of flow regime through interagency cooperation with the affected irrigation districts.

6. The City and county shall petition the Bureau of Reclamation to determine what the consequences would be to irrigation districts, recreation use, and the stabilizing of water releases below Wickiup Dam by maintaining a lower level of water in Crane Prairie Reservoir, and diking off known high loss areas within the reservoir to minimize excess seepage.

7. The City and county shall encourage the Water Resources Department, irrigation districts, and municipalities utilizing diverted waters to enforce the “without waste” provision in appropriated water rights.

8. The City and county shall support efforts by the irrigation districts to provide financial incentives to conserve water. This incentive could be determined for example, by a water use fee on the minimum amount of water required (commensurate with the plant/soil requirements determined by the soil and water conservation districts) and an excess charge for water used over the base amount.

9. The city and county shall support efforts by the irrigation districts within the upper and middle Deschutes River Basin to allow expansion of irrigated land within a district’s boundaries, as part of a means to share conserved water, for those districts that implement water conservation and in-stream flow enhancement programs.

10. The City and county shall encourage examination by irrigation districts and the Water Resources Department of options for providing additional flows below the North Canal Dam during the irrigation season. These additional flows shall not take the place of the current 30 CFS spilled by agreement with Central Oregon Irrigation District (COID), and North Unit Irrigation District (NUID). Options that might be considered include shared conserved water, public participation in irrigation district improvements, public “buy down” of interest rates on improvement loans, and public or private purchase/transfer of water rights for in-stream use.

11. The City and county shall continue to replace the Tumalo water supply pipeline. When this pipeline is complete, gates should be installed at the intake, which would help stabilize withdrawals from Tumalo Creek.

12. The City and county and Tumalo Irrigation District shall explore options to improve in-stream flows and fish habitat in Tumalo Creek. Tumalo Irrigation District should consider apportioning their water draws to maximize the use of the Tumalo Feed Canal rather than the Columbia Southern Canal. This action should increase water flows through Shevlin Park and minimize the excessive water losses that now occur in the Columbia Southern Canal.

13. The City and county shall continue to strongly support and promote the conservation of all forms of energy resources through cooperation with the Northwest Power Planning Council, Bonneville Power Administration programs, recycling, solar ordinances, energy-efficient building standards, and appropriate geothermal resources.

14. Hydroelectric projects that are not physically connected to an existing dam, diversion, or conduit are prohibited.

15. The City and county shall develop a program to assure that hydroelectric projects located within existing man-made transmission systems and using existing flow regimes, or physically connected to an existing dam, diversion, or conduit, but not using existing flow regimes, are subject to the following provisions:

i. Are consistent with federal and state law.

ii. Hydroelectric projects shall not increase the maximum surface area of an impoundment behind an existing dam or diversion.

iii. Hydroelectric projects shall not be located in significant/sensitive fish or wildlife areas unless it can be demonstrated that the project, if constructed, would restore significant/sensitive fish or wildlife habitat in the reach affected by the project.

iv. Hydroelectric projects shall stabilize stream flows, restore degraded trout habitat, and provide public access to as great an extent as practical.

v. Hydroelectric projects shall avoid adverse impacts if possible. Where not practicable, impacts shall be minimized, while providing for restoration of already adversely impacted areas along the river or stream. Restoration does not necessarily have to be in the immediate project vicinity.

vi. Hydroelectric projects shall have no adverse impact to water-related and water- dependent recreation unless it can be shown that existing water-related and water- dependent recreation of the same type, quality, and quantity as that which may be lost can be restored or enhanced in the project vicinity. Recreational activities include those activities that occur now and which may reasonably be expected to occur in the future.

vii. Hydroelectric projects shall include a river restoration plan documenting both on-site and off-site restoration and enhancement strategies consistent with adopted goals and policies. The plan shall identify costs, time schedules, and coordination actions with all affected parties. The plan shall address, but not be limited to stabilizing water flows, trout habitat restoration, and public access. No hydroelectric project shall be permitted until the plan has been approved through the public review process.

viii. Hydroelectric projects shall post a performance and restoration bond to ensure implementation of the approved restoration plan.

ix. Hydroelectric projects shall be consistent with the provision of the Columbia River Fish and Wildlife Program and the Northwest Power Plan as adopted by the Northwest Power Planning Council.

16. The City and county shall recommend to the State Transportation Commission that the Deschutes River from below Wickiup Dam downstream to the first COI diversion, and from Sawyer Park north to the county line be included in the State and Federal Scenic Waterways Programs.

17. The City and county shall support the designation of appropriate segments of Fall River, Little Deschutes River, and Crooked River as state and/or federal scenic waterways.

18. Support the creation of a nonprofit, private organization that would take a complementary role in the acquisition of property to further the goals of preserving areas for the scenic, recreational, fish and wildlife values.

19. Buildings near the riverfront district should not constitute a physical barrier between the core and the river.

20. The City and county may require public access for any land use action adjacent to the Deschutes River and Tumalo Creek. Access may be limited to foot traffic only; other non-motorized traffic may be negotiated by the city or county.

21. The City and county shall include in all public access easement provisions addressing safety, security, vandalism, litter and any other maintenance concerns expressed by the landowner. The cooperation of the State Police and County Marine Patrol should be sought in working with these landowners and in maintaining the easement agreement.

22. The City and county may accept by donation, fee title ownership for any riparian land for which public access is being required. If the city or county refuses to accept ownership, any required public access shall be waived.

23. The City or county may grant exceptions to the public access requirement where access would be near the nest sites of protected or sensitive wildlife species. In such cases, the city or county shall instead require a conservation easement to protect the nest sites from harassment and disturbance, using the assistance of the USFS, ODFW, and citizens knowledgeable of the nesting requirements of these species prior to drafting the easement.

24. The City and county shall request the Legislature to allow the County Assessors to recognize these public access easements in their assessment policies.

25. The visual impact of excavations or structures that will be erected or substantially modified along the rimrocks bordering the Deschutes River or Tumalo Creek shall be minimized.

26. Citizens groups, business associations, and private foundations and organizations should be involved in developing and implementing a greenway plan along the Deschutes River and Tumalo Creek.

27. The City and county shall support a riverfront development plan in conjunction with a county- wide greenway project.