Protecting Central Oregon's natural environment
Working for sustainable communities
LandWatch and Friends of the Metolius File Court Briefs Challenging Jefferson County Resort Map
LandWatch and Friends of the Metolius (FOM) filed their opening brief to the Oregon Court of Appeals on March 24, arguing that the approval of destination resort zones around the Metolius is improper.
We argued to the Court that the Land Use Board of Appeals (LUBA) incorrectly excluded the aquifer waters of the Headwaters of the Metolius and the Metolius River in defining what is protected at those sites. Attorney Paul Dewey, representing LandWatch and FOM, explained that LUBA’s ruling runs contrary to the legal principle that all resources of a protected site should be protected and that it is illogical not to protect the aquifer system spring water since there would be no Headwaters or Metolius without it.
LandWatch and FOM also argued to the Court that the County should first be required to update its 26-year old inventory of natural resources and programs for their protection before allowing greatly increased development in the Metolius area. The County has admitted that its inventory is outdated, but says it wants to update it after the new development areas are already approved.
The third issue we raised was that the County failed to adequately assess fire hazard associated with siting destination resorts in fire-prone forests. The Metolius area has seen large fires in the past 5 years, burning nearly 20% of the forests in Jefferson County. Residential development in high fire risk areas is not a good mix.
Dewey explained that these are good issues to be raising to the Court of Appeals because they address basic questions of interpretation of state land use law and its protection of natural resources. LUBA in its decision explained that it was constrained by previous Court of Appeals decisions, so we had to file this appeal to the Court to address those cases. At issue is whether Oregon’s land use system can protect the State’s most precious natural resources. If it can’t protect the Metolius, then it’s hard to see how it can protect anything.
One of the destination resort developers, Ponderosa Land and Cattle (Colson), has filed a cross appeal to try to overturn LUBA’s decision that the County needs to assess impacts to deer and elk habitat.
The resort developers and the County will file their briefs April 14 and the Court will have oral argument on May 8. A decision by the Court is expected in August.
- Erik Kancler's blog
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Comments
Destination Resorts
Talk of "Public Land" the land considered for destination resorts is NOT public land, it is private land. What has happened to private property rights. The right to use, develope or not what you want with the land that the owner has paid for, pays taxes on, takes care of.
Too many people think and believe that they should be able to dictate to a true land owner (that would be the person who actually owns the land) what he can or cannot do.
"Elitism" is what you call the people who go to, enjoy the amenities and yes own property in a Destination Resort or private communities. I believe that you should turn it around, for you are the Elitist group, you and your "kind" want to stop people from the complete use of their "Private Property".
The answer for you....get your cash together and buy it. Then you can do what ever you want with it.
Fantastic
Well written article
http://poovarislandresort.com/
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destination resorts...
There are, in my opinion, too many existing and proposed destination resorts in Central Oregon. We don't need any more. An existing piece of forest, land, riparian zone etc. will never be more beautiful, enchanting or as valuable as it already is, in a state where it is left undeveloped. It is our valuable public lands which draws tens of thousands to this special place. And we're daily encroaching on them.
The beauty of the place is starting to strangle it.
Our lands are shrinking more, each and every day, if not from development, then from the increasing numbers of people who flock to them. And now they want to further exploit it with destination resorts. These resorts won't just affect the land they're built on, nor will they only affect local ground and surface waters. They'll affect the surrounds roads and lands adjacent to them. They'll increase traffic flow, putting people closer and closer to areas once harder to reach. And what's the deal with golf courses? I can think of few things as detrimental to the environment as these fertilizer and water hogs. When will it stop? Once too many dangerous precedents have occured, I fear. But this isn't just a environmental issue, it's a social issue aswell.
Destination resorts, private communities and the like, foster elitism. That's right. Do you think your average middle class peron could hope to afford to have a house and play in such communities let alone those who are struggling? Maybe he'll have a job working in one. Those who stand to gain a profit of course want these resorts. Profiteers and those with great financial means seem to be the ones getting the big pieces of pie here.
Let's not further bring ills once only associated with large population centers to the hearts of our dwindling, undeveloped lands.