August 31, 2016
Frequently Asked Questions
Yes. The County regulations do not apply to the following:
- Growing medical marijuana only for yourself as authorized by the Oregon Health Authority;
- Growing medical marijuana at your own residence where there are 12 or fewer mature plants as authorized by the OHA;
- You are not transferring product to an OHA processing site or dispensary; or
- Up to 4 plants per residence for recreational use as authorized by State statute.
It depends on where your land is located, how big your parcel of land is and what you plan to do. All marijuana-related land use in Deschutes County requires approval. To obtain that approval, you will need to submit a land use application to the County’s Community Development Department.
Beginning on Sept. 1, the County will accept land use applications for:
- Medical marijuana processing and dispensaries and
- Recreational marijuana production, processing, wholesaling and retailing
Applicants must complete a land use application, review and approval process to legally move forward with their intended use (processing, production, wholesaling, retailing, etc.).
The County’s ordinances apply to unincorporated Deschutes County and not land within the city limits of Bend, La Pine, Redmond, or Sisters.
All County land is divided into zones. Each zone has a different designated use (such as residential, industrial, etc.). Marijuana business is only allowed within specific zones. You can click here to learn about marijuana land use zoning requirements. To find out what kind of zone you live in, visit: https://dial.deschutes.org/.
Parcel and setback requirements vary depending on your intended use. To learn more about the requirements, visit:
No. Only one Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site is allowed per legal parcel or lot.
Deschutes County does not regulate the number of plants that can be grown. Instead, the County regulates maximum mature plant canopy or the maximum building and its related footprint depending on the zone and parcel size. OLCC regulates the maximum mature plant canopy area dependent on license type and the OHA regulates maximum number of plants a registered grow site can grow dependent on the number of medical marijuana card holders being grown for. Consult these agencies for more information.
A greenhouse is considered an indoor grow only in the Exclusive Farm Use (EFU) zone. (Please note – This is not related to the OLCC definition of indoor as it relates to production license types.)
Visit this page, for an overview of the land use review process.
After reviewing the County’s regulations, submit a complete application, which includes:
- Land use fee
- A copy of the deed showing current ownership of the property
- A written statement and other documentation that shows how all required standards will be met
- A Plot Plan, which shows:
- Property boundaries, road access, setbacks, location and size of existing and proposed buildings, septic system, well, exterior lighting and other improvements
- Special topographic features (including rivers, streams or rimrock)
- North arrow, scale
* Note: A $5,000 hearings office deposit may also be required.
- Coordinate with OLCC to complete a Land Use Compatibility Statement (LUCS)
- Obtain any require building, electrical, mechanical, plumbing, etc. permits from the Building and Safety Division
- Coordinate with the Environmental Soils Division to obtain any necessary permits for onsite wastewater treatment
How long will the application process take?
Deschutes County has 30 days to deem an application complete; 150 days to issue a final local decision. It’s important to note that land use decisions can be appealed to a Hearings Officer, Board of County Commissioners, Land Use Board of Appeals (LUBA), Oregon Court of Appeals, and Oregon Supreme Court. If a decision is appealed to LUBA and beyond, it is difficult to forecast a timeline.
Contact the case planner who is assigned the application.
Contact Deschutes County Code Enforcement at 541-388-6575, or complete a complaint form.
Anyone can fill out a complaint form. It is confidential until the case is resolved.