In a potentially precedent-setting case, LandWatch has succeeded in opposing a landowner's attempt to get recognition of a parcel of land as a "lot of record" (which means that a parcel is a legal lot which may be potentially developed) without having to comply with County Code requirements for the legal creation of such parcels. The parcel at issue was part of the Forest Service-Crown Pacific Land Exchange in 1999 covering forest lands located between Bend and Sisters, and sits directly to the North of the 33,000-acre parcel owned by Fidelity. Details of the application are here.

The landowner, who opted not to appeal this decision, argued that it didn't have to comply with Code requirements, asserting that Forest Service conveyances of land automatically created "lots of record". A County Hearings Officer ruled that there was no "federal preemption" of the County Code and that the Code's rules on creation of lots of record were not met here. This ruling could significantly lessen the potential for development in and around the Skyline Forest by limiting the number of recognizable lots of record on which any development could occur.

At the very least, this is another example of the ways in which current law offers strong protection for the Skyline Forest, and that subdivision and piecemeal development of this forest is exceedingly difficult. Assuming existing laws are upheld – which is task we remain committed to – the Skyline Forest will remain undeveloped, which makes it difficult to see why there's any reason to allow up to 1,000 homes (and perhaps a golf-course) as Fidelity has proposed, to save the rest of it.

-COLW

The Hearings Officer's decision is below.

(If you'd like to support LandWatch's continued efforts to protect the Skyline Forest, you can send a check to 147 SW Shevlin Hixon Drive Suite #206 Bend, OR 97702, or donate online via our PayPal account, here. All of our Skyline Forest protection work is supported by individuals in this community. To those who've already donated, thanks so much for making this possible.)