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Comments
proud Oregonian
Wineries and vineyard owners are continually and methodically destroying rural Yamhill County. The negative impacts on neighboring property owners is systematically ignored. The water issue is very serious, and for the County to continually brush it off as a state issue is shirking their responsibility to the existing citizens. Who believes that this operation only uses rainwater? BTW, rainwater is what replenishes the existing wells on the neighbor's properties. That's ok though, these wine operators come in with a mountain of money, hire lawyers that the County is afraid of, then get their way. The Commissioners should be protecting the existing citizens and they clearly aren't.
Otis
"Sorry, but the answer the judges were looking for is logging."
M. Isaac
In this case it is actually the legislature that is responsible for the limits placed on the Board of Commissioners. The legislature passed ORS 215.452 which allows wineries and tasting rooms as a PERMITTED USE provided 15-acres of grapes are planted. The Board could only deny the use if they could determine that the parcel was unsuitable for the development. As for water, years ago local jurisdictions were coming up with their own regulations, some of which were at cross purposes with each other. In response the legislature passed ORS 536.220 which directed all water policy/regulation to be developed and enforced ONLY by the Oregon Water Resources Department. Local jurisdictions are NOT ALLOWED to develope their own water regulations. That's why the Board placed a condition requiring water to be shown to comply with the state regulations. However, they could not deny the request based on water if the applicant complies with those state regulations.
If folks want change on this issue, that change must be made at the legislature as the Board does not have grounds to deny the request.
(P.S. If the Board were to simply decide to deny the request, the applicant could simply appeal, have that denial overturned and would likely be awarded attorney's fees for their troubles.)