247-25-000399-TA Property Line Adjustment / Minor Variance Text Amendments

Background and Project Purpose

Lot line adjustments have been used to circumvent lot-area-based development standards both under local code and state statute. In 1991, County Code was amended (Ord. 91-038) to limit area reduction of lots that are currently smaller than the minimum lot size (to a maximum reduction of ten percent) without a more complicated variance review process.

This minor variance process for line adjustments applies to all zones in Deschutes County.

In 2010, the Board of County Commissioners adopted Ordinance 2010-003, which created the current minor variance provisions to allow lot lines resulting in a reduction of more than 10 percent in all zones, except the farm and forest zones. This provision was added to relieve an ongoing property line issue in the Dustan Road area of the county, although it was applicable to other historically platted subdivisions. The board did not address issues in the EFU and Forest zone at that time, likely due to the narrow scope of the text amendment

Within the past two decades, state statute (ORS 92.192) has been updated to include protections for lot-area-based standards that are more robust and nuanced than the County Code provision. Currently, both the state and county protections apply. However, because the County provisions are more of a “blunt instrument”, they cause unexpected problems for property owners. The Board of County Commissioners directed staff to initiate this text amendment following the development of the 2025-2026 department work plan.

The purpose of the project is to remove local restrictions on property line adjustments of this type and instead directly apply the requirements of state statute. The amendments also clarify that property line adjustments for parcels smaller than the minimum parcel size are not eligible for a variance, and a variance is not required if being reviewed under ORS 92.192.

Proposal Status & Public Hearing Information

The proposed text amendments require two public hearings. The first hearing is scheduled for July 24, 2025, before the Deschutes County Planning Commission. Additional hearing details will be provided in July.

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Staff Contact

Nicole Mardell, AICP, Senior Planner
Nicole.Mardell@deschutes.org
(541) 317-3157