State reaffirms preservation of 710 acres of farmland in Lower Bridge Valley
The Lower Bridge Valley is known as a highly productive agricultural area. Photo: Ryder Redfield
Preservation of farmland reaffirmed by Court of Appeals
On January 24, the Oregon Court of Appeals affirmed LandWatch’s and co-petitioners’ win at the Land Use Board of Appeals (LUBA) concerning Deschutes County’s attempt to rezone 710 acres of farmland for sprawling luxury development. The Court held that proposals to rezone agricultural land for non-farm uses must appropriately consider the impacts on neighboring farm operations and surrounding farmland.
The Court of Appeals decision upholds Goal 3 of Oregon’s land use system, which preserves Oregon’s farmland for agricultural use.
As a result, 710 acres of a vast, open landscape and rolling hillsides of the Lower Bridge Valley remain zoned for exclusive farm use. The land will continue to be part of the local agricultural economy and to provide critical habitat for mule deer, elk, and other wildlife.
Lower Bridge Valley provides critical habitat for regional wildlife. Photo: Ryder Redfield
Opposing rural gentrification in Deschutes County
The Lower Bridge Valley is a highly productive agricultural area. Here, thriving farms and ranches produce an array of local food and products.
An application to rezone 710 acres of exclusive farm use (EFU) land and make way for 71 residential plots was submitted to Deschutes County in the spring of 2022. A coalition including LandWatch, Oregon’s Department of Land Conservation and Development, Oregon’s Department of Agriculture, neighboring farmers and ranchers, and rural community members organized in opposition to this proposed conversion, citing concerns over groundwater use, loss of farmland, infrastructure strain, and impacts on wildlife.
When the Deschutes County Board of Commissioners voted to approve the developer's application, LandWatch joined with other opponents to appeal the County’s highly controversial decision. Last summer, on July 28, 2023, LUBA ruled in LandWatch’s favor.
The developers appealed their loss, but the Court of Appeals affirmed LUBA’s decision. The Court held that farming is a context-specific activity that depends heavily on nearby properties and associated infrastructure. Therefore, the court determined that a property must be considered “agricultural land” in the context of surrounding zoning that makes it “necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands.”
This is an important victory for agriculture, wildlife, open space, and rural lands in Central Oregon.
What happens next?
The case has been remanded to the County for further proceedings in accordance with the decisions of LUBA and the Court of Appeals.
Oregon’s statewide land use planning system places a high priority on the protection and preservation of agricultural land. Photo: Wasim Muklashy
A watchdog for Central Oregon
Central Oregon’s abundance of open space is no accident. Our state’s land use system is designed to keep urban uses and development inside our cities and towns while preserving rural lands for farms, forests, and open space. But while Oregon stands out as a national model for its visionary land use planning system, it takes a dedicated watchdog to ensure its laws are enforced and its intended outcomes are achieved.
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