Metolius River Forest Homeowners Association

A place for posting matters of importance to Cabin Owners and their visitors, along the Metolius River in Deschutes National Forest, Camp Sherman, Oregon

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Thursday, July 15, 2010

Attempt to Challenge the Metolius Protection Act of 2009 Emerges

Alert from Erik Kancler, Executive Director of the Central Oregon LandWatch

One year ago today, Governor Kulongoski signed the Metolius Protection Act of 2009 into law, finalizing a multi-year process to prevent destination resorts and other inappropriate development in the Metolius area and designating more than 400 square miles of land as Oregon’s first-ever Area of Critical Statewide Concern.


One week ago, the first real attempt to challenge the act emerged with a proposal for 15 units of “fishing accommodations” on the Metolius arm of Lake Billy Chinook that not only runs afoul of the legislatively approved management plan for the Metolius, but amounts to a perverse interpretation of land use statutes that would pose new threats for significant rivers throughout the state.

The proposal is for a 15-unit subdivision of privately-owned single family detached homes up to 1,600 square feet in size.

The issue in regards to the Metolius is that the area’s management plan prohibits the approval of developments with greater than 10 residences. Do the single-family dwellings in the proposed development count as residences? If not, then the limitations of the ACSC may be substantially weaker than intended and the potential for new development opportunities in the Metolius area may re-emerge.

The statewide issue is that thus far, “fishing accommodations” (which are a conditional use allowed in forest zones within a quarter mile of Class 1 waters) have been understood to be a single “guest rooms” to be used “for sleeping purposes”. To our knowledge, no one’s ever attempted to call privately-owned detached dwellings with kitchens, bathrooms, etc. “guest rooms.”

If allowed to stand, such a precedent could ultimately lead to hundreds, perhaps thousands of new residences along the Metolius and other Class 1 rivers throughout the state such as the Umpqua, the McKenzie, the John Day, or the Illinois.

As I wrote above, this is Jefferson County’s first real test in regards to how it plans to enforce the requirements of the ACSC at the local level. Staff has recommended approval – provided the cabins are limited further in size and not constructed in riparian areas – but the planning commission has yet to vote. There’s still time for them to do the right thing.

Central Oregon LandWatch and Friends of the Metolius have jointly challenged this proposal and are urging the county to do the right thing. The public record is closed for now, but may be re-opened if the matter as taken up by the County Board of Commissioners. We’ll let you know if there are additional opportunities to comment.

Thanks for your support and stay tuned.

Very Truly Yours,

Erik Kancler
Executive Director, Central Oregon LandWatch

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MRFHA - Camp Sherman

MRFHA - Camp Sherman
Metolius River