Deschutes County commissioners direct staff to send letter opposing HB 3013 amendment after legal concerns raised

The Deschutes County Board of Commissioners voted to authorize staff to finalize a letter opposing the House Bill 3013 (dash 1) amendment after county legal staff and planners described potential consequences for local land-use decisions.

County attorneys and staff told the board the bill, as drafted, could allow a third party that did not participate in an earlier land-use appeal to ask a circuit court to revoke local actions taken while an appeal was pending if a higher tribunal later overturns the local decision. "Somebody could hang back and not even participate in the permitting decision... and sandbag and wait," said Senior Assistant Legal Counsel Stephanie Marshall, describing how the change could affect investment-backed expectations and create incentives for litigation.

Peter Gutowski, community development director, said the proposed amendment arose from a singular case and that multiple jurisdictions and land-use groups had raised concerns at a public hearing. County staff suggested the bill could chill local action on projects of public interest because a court could later order local governments to reverse permits or site-preparation steps taken during appeal windows.

The board authorized staff to prepare and transmit a letter of opposition documenting those legal concerns and the potential for unintended consequences. A motion to proceed with the letter passed during the meeting; the board asked staff to correct minor edits and circulate the final letter for signatures.

Ending: County staff said they would finalize the letter, correct typographical items and share the signed letter with the state legislative record.