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Bend’s new right-of-way landscape code takes effect; advisory group flags tree, trash enclosure and Firewise/Waterwise coordination issues

2626851 · January 13, 2025
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Summary

City staff told the advisory group a right-of-way landscape code adopted in June went into effect Nov. 1. Members raised implementation questions about street trees, conflicts with utilities in the right of way, trash-enclosure guidance and reconciling Firewise and Waterwise recommendations.

City of Bend staff told members of the Utilities Public Advisory Group that the city’s right-of-way landscape code, adopted June 20, 2024, took effect Nov. 1 and will change how new development addresses landscaping in public rights of way.

“New application coming in the door, no more grass in the right of way, basically,” Dan Denning said while summarizing the rule’s practical effect. Staff said they are beginning to see applications that must follow the updated standards and plan to do outreach so developers and homeowners know the new requirements and available preapproved templates.

Advisory members expressed several implementation concerns. Multiple participants flagged potential conflicts between utilities located in the narrow public right of way and planned street-tree planting and preservation measures under the recently updated tree code. One member asked whether utilities could be routed under sidewalks to reduce those conflicts; staff acknowledged the tension and noted the city is recruiting an urban-forester position to help manage tree-code implementation across departments.

Members also said existing regional guidance for stormwater related to trash enclosures and loading-dock treatment (the Central Oregon stormwater manual, or CASM) is being interpreted inconsistently by reviewers and designers. Brian, a principal engineer, said the city could clarify how covered and uncovered trash enclosures, sump usage and loading docks should be treated in design standards rather than relying on broad CASM language.

Several members reiterated the need to reconcile Firewise landscaping guidance (which sometimes pushes for defensible, low-vegetation buffers) with Waterwise guidance that discourages high-water-use turf. Staff said they are exploring coordinated materials with partners such as OSU Extension and may seek state-level support or grant funding to develop unified outreach materials.

Staff also noted recruitment of an urban forester position and said that person may help align street-tree planting, landscape standards and infrastructure design. Staff encouraged advisory-group members to provide input on code and standards updates and to serve as a sounding board during upcoming standards revisions.