Deschutes County holds public hearing on dark‑sky code updates; commissioners direct staff to return with revised text

Deschutes County commissioners held a hybrid public hearing Aug. 27 on proposed amendments to the county’s outdoor lighting control chapter, a legislative effort staff said was intended to modernize rules first adopted in 1994.

Tanya Salzmann, county planning staff, opened the hearing and outlined procedures and the project website for the full record. Senior planning staff presented the proposed changes and said the draft replaces complex wattage‑and‑bulb‑type tables with three primary requirements for non‑exempt fixtures: downcast orientation, full shielding and no light trespass. The draft also adds definitions for downcast and string lighting, consolidates exemptions, and includes non‑regulatory guiding principles drawn from Dark Sky International and local examples such as the City of Sisters.

Dark Sky Oregon representatives and tourism operators testified in support. Bill Kowalik, chair of Dark Sky Oregon, said, “Dark Sky Oregon strongly supports the recommendations of the planning commission,” and urged the county to seek Dark Sky certification within five years. Chris Hill, also with Dark Sky Oregon, recommended additional measures the group believes necessary for certification, including limiting color temperature to 3,000 kelvins or lower, inventories of public lights, and measurement of night‑sky darkness.

Several residents described local lighting problems and asked for stronger enforcement in built‑up areas; one resident from inside the city of Bend described bright industrial lighting at a warehouse and was informed the county’s ordinance would apply only to unincorporated areas, not properties within city limits.

Planning staff noted the planning commission recommended lowering the nonconformance compliance window from five years to three and recommended pursuing Dark Sky certification within five years. Staff also said enforcement is complaint‑based, and that building inspectors do not currently review lighting as part of plan checks; staff emphasized that outreach and education would be a major part of implementing any code changes.

Commissioners discussed enforceability and implementation costs of additional certification steps, including inventories and retrofits of public lighting. Community development director Peter Gutowski told the board such a certification program for a county the size of Deschutes would require additional staff resources and coordination and that Sunriver and other gated communities administer their own programs.

After public testimony and staff discussion the board voted to close the hearing and proceed to deliberations. Commissioners signaled support for the draft with edits discussed during the meeting. Among the key directions recorded by staff were:

• Retain the three core requirements in the draft: downcast direction, full shielding and no direct light trespass.

• Adopt a three‑year compliance/nonconformance window for existing fixtures rather than five years (a planning commission recommendation the board supported).

• Use fixed holiday dates for the main winter holiday period (day after Thanksgiving through Jan. 15) and allow a small number of additional discretionary days (staff and commissioners discussed 14 cumulative days) for other holidays; staff will finalize the exact fixed dates in the revised draft.

• Include guiding principles (preferred lower color temperatures such as warm lights) in the zoning chapter as nonregulatory guidance, but do not place Dark Sky certification language inside the zoning code; certification will remain an aspirational goal to pursue outside the code.

• Emphasize education and outreach as the primary implementation tool; staff to work with community partners (including Dark Sky Oregon and tourism operators) on public information and retrofits.

Commissioners asked staff to return to the board with a revised draft that reflects the meeting’s edits and an outreach plan; the chair said the aspirational target of seeking Dark Sky certification within five years will remain part of follow‑up planning but not codified in the ordinance text. Staff also noted that public facilities and existing landscape management overlay requirements would be used to limit visual impacts for development near the Deschutes River and Highway 20 scenic corridor.

Ending

Staff will prepare a revised ordinance reflecting the board’s requested edits and return with a timeline for education and outreach; the board closed the public hearing and moved into deliberations during the same meeting.