On March 13, the Oregon Land Use Board of Appeals ruled in favor of a LandWatch appeal of the Tumalo Irrigation District's application for two nonfarm dwellings and a road on Laidlaw Butte on the northwest side of Tumalo. This application is connected with other plans to build up to 10 new dwellings in the area.

LUBA ruled that the proposed new road across rural lands could not be allowed. TID had attempted to justify the new road by arguing that it was giving up other access to Highway 20. LUBA decided, though, that TID did not prove that it was giving up any actual access. In addition, LUBA ruled that the County erred in not requiring an emergency access road. The case was remanded back to the County.

We think the ruling is significant because this is the first time LUBA has interpreted this particular rule and because it limits development in rural areas by restricting roads necessary for such development.

LUBA's decision is attached below.