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(continued)
(f) Exploration, development and production of mineral and geothermal resources.
(g) Personal-use airstrips including associated accessory structures such as a hangar. A personal-use airstrip is an airstrip restricted, except for aircraft emergencies, to use by the owner and on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in connection with agricultural operations. No aircraft may be based on a personal use airstrip other than those owned or controlled by the owner of the airstrip.
(h) Aquaculture.
(i) Recreation development, subject to Commission Rule 350-080-0610 and the Recreation Development Plan (Management Plan, Part III, Chapter 1).
(j) Boarding of horses.
(k) Temporary portable asphalt/batch plants related to public road projects, not to exceed six months.
(l) Bed and breakfast inns in single-family dwellings, subject to Commission Rule 350-080-0150(5) and provided that the residence:
(A) Is included in the National Register of Historic Places; or
(B) In Washington, is listed on the Washington State Register of Historic Places maintained by the Washington Office of Archaeology and Historic Preservation; or
(C) In Oregon, is identified and protected under local landmark status as approved pursuant to Oregon state land use regulations protecting historic structures.
(m) Non-profit, environmental learning or research facilities.
(n) Expansion of existing schools or places of worship.
(2) The following uses may be allowed on lands designated Agriculture-Special subject to compliance with the appropriate scenic, natural, cultural, and recreation resource guidelines (Commission Rule 350-080-0520 through 350-080-0620) and Commission Rule 350-080-0230:
(a) New livestock grazing. Any operation that would introduce livestock to land that has not been grazed, or has laid idle, for more than 5 years shall be considered new livestock grazing.
(b) New fences, livestock watering facilities, and corrals.
(c) Soil, water, and vegetation conservation uses.
(d) Replacement or minor expansion of existing and serviceable structures within a dedicated site. Expansion shall be limited to the dedicated site.
(e) Fish and wildlife management uses, educational activities, and scientific research.
(f) Land divisions that facilitate livestock grazing or protect and enhance natural areas. No resulting parcel may be smaller than 160 acres, unless it would facilitate the protection of scenic, cultural, natural, or recreation resources.
(g) Single-family dwellings that are not in conjunction with agricultural use, if a landowner demonstrates that (1) the dwelling cannot be constructed on a portion of the parcel that is located outside of the natural area, and (2) the dwelling is sited and designed in a manner that minimizes adverse effects to the natural area. All dwellings shall meet the criteria in Commission Rule 350-080-0190(1)(n). The buffer guidelines for non-agricultural dwellings may be waived if they would prevent the optimum siting of a dwelling.
(h) Recreation uses, subject to the provisions for recreation intensity classes (Commission Rule 350-080-0610).
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0210
Approval Criteria for Life Estates -- Large-Scale or Small-Scale Agriculture Designations
A landowner who sells or otherwise transfers real property on lands designated Large-Scale or Small-Scale Agriculture may retain a life estate in a dwelling and a tract of land surrounding the dwelling. The life estate tract shall not be considered a parcel as defined in Commission Rule 350-080-0040. A second dwelling in conjunction with agricultural use may be allowed, subject to compliance with guidelines in Commission Rule 350-080-0520 through 350-080-0620 for the protection of scenic, cultural, natural, and recreation resources and upon findings that:
(1) The proposed dwelling is in conjunction with agricultural use, using guideline 350-080-0190(1)(e).
(2) Upon termination of the life estate, the original or second dwelling shall be removed.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0220
Approval Criteria for Specified Review Uses on Lands Designated Large- Scale or Small-Scale Agriculture
Uses identified in Commission Rule 350-080-0200(1) may be allowed only if they meet both of the following criteria:
(1) The use is compatible with agricultural uses and would not force a change in or significantly increase the cost of accepted agricultural practices on nearby lands devoted to agricultural use; and
(2) The use will be sited to minimize the loss of land suitable for the production of crops or livestock.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0230
Approval Criteria for Review Uses on Lands Designated Agriculture-Special
Uses identified in Commission Rule 350-080-0200(2) may be allowed only if they meet all of the following criteria:
(1) A range conservation plan pursuant to Commission Rule 350-080-0240 shall be prepared before new livestock grazing commences; new fences, livestock watering facilities, and corrals are constructed; or soil, water, and vegetation conservation activities are undertaken.
(2) The Development Review Officer shall submit all land use applications and range conservation plans to the Oregon or Washington Natural Heritage Program. The state heritage program will have 20 days from the date that an application and/or plan is mailed to submit written comments to the Development Review Officer. The Development Review Officer shall record and address any written comments submitted by the state heritage program in the development review order.
(3) Based on the comments from the state heritage program, the Development Review Officer shall make a final decision on whether the proposed use is consistent with the Agriculture-Special policies of the Management Plan. If the final decision contradicts the comments submitted by the state heritage program, the Development Review Officer shall justify how it reached an opposing conclusion.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0240
Range Conservation Plans
(1) If a range conservation plan is required before a use is allowed, it shall be prepared by landowners in cooperation with range scientists from local conservation districts. Specialists from the Oregon or Washington Natural Heritage Program should be consulted while the plan is being prepared.
(2) Range conservation plans shall ensure that new uses do not adversely affect natural areas. They shall accomplish the following goals:
(a) Maintain native rangeland that is in excellent or good condition; enhance rangeland that is in fair or poor condition.
(b) Preserve native trees and shrubs.
(c) Reestablish native grasses in degraded areas that have been invaded by non-native plants and weeds.
(3) Range conservation plans shall include the following elements:
(a) Range inventory. This shall include existing composition, carrying capacity, and condition of rangeland; the location of rare plants and non-native weeds; and existing fences, watering ponds, and other range improvements.
(b) Rehabilitation plan. This shall include actions that will be taken to rehabilitate native rangeland that is in fair or poor condition, such as weed and soil erosion control, seeding, and prescribed burning.
(c) Livestock management plan. This shall include the grazing system that will be used, including number and size of pastures, expected livestock numbers, and grazing/deferral periods and sequence. Management plans shall project livestock movements for at least 3 years.
(d) Monitoring program. This shall track the annual progress of the conservation plan and condition of the range. Monitoring techniques shall be described, such as line transects or photographic plots.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0250
Forest Land Designations
Commission Rule 350-080-0250 through 350-080-0310 shall apply to those areas designated Commercial Forest Land, Large or Small Woodland and SMA-Forest on the Scenic Area Land Use Designation Map.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0260
Uses Allowed Outright -- Forest Land
(1) The following uses are allowed on lands designated Commercial Forest Land or Large or Small Woodland without review:
(a) Forest practices that do not violate conditions of approval for other approved uses.
(b) Agricultural use, except new cultivation.
(c) Repair, maintenance, and operation of existing structures, trails, roads, railroads and utility facilities.
(d) Buildings less than 60 square feet in floor area and not exceeding 18 feet in height measured at the roof peak, which are accessory to a dwelling.
(2) The following uses are allowed on land designated SMA-Forest without review:
(a) New agricultural uses as allowed in Commission Rule 350-080-0180(2) and the open space uses allowed in Commission Rule 350-080-0340(10), except where there would be potential impact to cultural or natural resources.
(b) Maintenance, repair, and operation of existing dwellings, signs, structures, trails, roads, railroads, and utility facilities.
(c) Accessory structures of less than 60 square feet in area and less than 18 feet in height measured at the roof peak.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0270
Review Uses -- Forest Land
(1) The following uses may be allowed on lands designated Commercial Forest Land or Large or Small Woodland subject to compliance with the appropriate scenic, cultural, natural, and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620):
(a) On lands designated Large Woodland, a single-family dwelling upon a demonstration that all of the following conditions exist:
(A) The dwelling will contribute substantially to the growing, propagation, and harvesting of forest tree species. The principal purpose for locating a dwelling on lands designated Large Woodland is to enable the resident to conduct efficient and effective forest management. This requirement indicates a relationship between ongoing forest management and the location of a dwelling on the subject parcel. A dwelling may not always be required for forest management.
(B) The subject parcel has been enrolled in the appropriate state's forest assessment program.
(C) A plan for management of the parcel has been approved by the Oregon Department of Forestry or the Washington Department of Natural Resources and the Development Review Officer. The plan must indicate the condition and productivity of lands to be managed; the operations the owner will carry out (thinning, harvest, planting, etc.); a chronological description of when the operations will occur; estimates of yield, labor and expenses; and how the dwelling will contribute toward the successful completion of the operations.
(D) The parcel has no other dwellings that are vacant or currently occupied by persons not engaged in forestry and that could be used as the principal forest dwelling.
(E) The dwelling complies with the "Approval Criteria for the Siting of Dwellings on Forest Land" (Commission Rule 350-080-0310) and "Approval Criteria for Fire Protection in Forest Zones" (Commission Rule 350-080-0300).
(F) (a) A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs, and assigns of the subject parcel are aware that adjacent and nearby operators are entitled to carry on accepted farm or forest practices on lands designated Commercial Forest Land, Large or Small Woodland, or Large-Scale or Small-Scale Agriculture.
(b) On lands designated Small Woodland, one single-family dwelling on a legally created parcel upon the parcel's enrollment in the state's forest assessment program. Upon a showing that a parcel cannot qualify, a parcel is entitled to one single-family dwelling. In either case, the location of a dwelling shall comply with Commission Rule 350-080-0300 and Commission Rule 350-080-0310. A declaration shall be signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs and assigns of the subject parcel are aware that adjacent and nearby operators are entitled to carry on accepted farm or forest practices on lands designated Commercial Forest Land, Large or Small Woodland, or Large-Scale or Small-Scale Agriculture.
(c) One single-family dwelling if shown to be in conjunction with and substantially contributing to the current agricultural use of a farm pursuant to Commission Rule 350-080-0190(1)(e). The siting of the dwelling shall comply with Commission Rule 350-080-0300.
(d) Temporary on-site structures which are auxiliary to and used during the term of a particular forest operation. "Auxiliary" means a use or alteration of a structure or land which provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure shall be located on-site, temporary in nature, and not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when the particular forest practice for which it was approved has concluded.
(e) Temporary portable facilities for the primary processing of forest products grown on a parcel or contiguous parcels in the same ownership where the facility is to be located. The facility shall be removed upon completion of the harvest operation.
(f) Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.
(g) Structures associated with hunting and fishing operations
(h) Towers and fire stations for forest fire protection.
(i) New agricultural structures subject to Commission Rule 350-080-0300.
(j) The temporary use of a mobile home in the case of a family hardship, subject to Commission Rule 350-080-0150(3), 350-080-0300 and 350-080-0310.
(k) Accessory building(s) greater than 60 square feet in floor area and/or exceeding 18 feet in height as measured at the roof peak; subject to Commission Rule 350-080-0300 and 350-080-0310.
(l) A second single-family dwelling for a farm operator's relative, subject to Commission Rule 350-080-0190(1)(h), 350-080-0300 and 350-080-0310.
(m) Private roads serving a residence, subject to Commission Rule 350-080-0300 and 350-080-0310.
(n) Recreation development, subject to Commission Rule 350-080-0610 and the Recreation Development Plan (Management Plan, Part III, Chapter 1).
(o) Construction or reconstruction of roads or modifications not in conjunction with forest use or practices.
(p) Agricultural labor housing upon a showing that:
(A) The proposed housing is necessary and accessory to a current agricultural use.
(B) The housing shall be seasonal unless it is shown that an additional full-time dwelling is necessary to the current agricultural use of the subject agricultural unit. Seasonal use shall not exceed nine months.
(C) The housing shall be located to minimize the conversion of lands capable of production of farm crops and livestock and will not force a significant change in or significantly increase the cost of accepted agricultural practices employed on nearby lands devoted to agricultural use.
(q) On lands designated Commercial Forest Land, a temporary mobile home in conjunction with a timber operation, upon a finding that security personnel are required to protect equipment associated with a harvest operation or the subject forest land from fire. The mobile home must be removed upon completion of the subject harvest operation or the end of the fire season. The placement of the mobile home is subject to Commission Rule 350-080-0300 and 350-080-0310.
(r) On parcels in Small Woodland, a land division creating parcels smaller than the designated minimum parcel size, subject to the guidelines for cluster development in "Land Divisions and Cluster Development" (Commission Rule 350-080-0150(1)). If the designated minimum parcel size is 20 acres, this provision will apply to parcels 40 acres in size or larger. Similarly, if the designated minimum parcel size is 40 or 80 acres, this provision will apply to parcels 80 acres or larger or 160 acres or larger, respectively.
(s) New cultivation, subject to compliance with Commission Rule 350-080-0540, 350-080-0560, 350-080-0570, 350-080-0580 and 350-080-0590.
(t) Life Estates on lands designated Large or Small Woodland, pursuant to Commission Rule 350-080-0320.
(u) On parcels in Small Woodland, land divisions when all resulting parcels satisfy the minimum lot sizes as designated on the land use designation map.
(2) The following uses may be allowed on lands designated SMA-Forest subject to compliance with the appropriate scenic, cultural, natural, and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620). The use or development will be sited to minimize the loss of land suitable for the production of forest products:
(a) Any use listed in Commission Rule 350-080-0190(2).
(b) Forest practices in accordance with a site plan for forest practices approved by the Oregon Department of Forestry or Washington Department of Natural Resources, or other designated forest practices review agency, including the following:
(A) The following information, in addition to the site plan requirements of Commission Rule 350-080-0080, shall be included on the site plan:
(i) Boundary of proposed commercial forest practice.
(ii) Location of proposed rock or aggregate sources.
(iii) Timber types.
(iv) Harvest units.
(v) Silvicultural prescriptions.
(vi) Road and structure construction and/or reconstruction design.
(vii) Major skid trails, landings, and yarding corridors.
(viii) Commercial firewood cutting areas.
(ix) Existing and proposed rock pit development plans.
(x) Protection measures for scenic, cultural, natural, and recreation resources, such as road closures.
(B) A discussion of slash disposal methods.
(C) A reforestation plan as reviewed by the appropriate state forest practices agency.
(c) Railroad and road construction or reconstruction.
(d) Exploration, development, and production of sand, gravel, or crushed rock for the construction, maintenance, or reconstruction of roads used to manage or harvest commercial forest products in the Special Management Area.
(e) Silvicultural nurseries.
(f) Utility facilities for public service upon a finding that:
(A) There is no alternative location with less adverse effect on Forest Land, and
(B) The size is the minimum necessary to provide the service.
(g) Structures or vegetation management activities for the purpose of wildlife, fisheries, or plant habitat enhancement projects.
(h) Fish hatcheries and aquaculture facilities.
(i) Public recreation, commercial recreation, interpretive and educational developments and uses consistent with Commission Rule 350-080-0620.
(j) One dwelling on a parcel of 40 contiguous acres or larger if an approved Forest Management Plan demonstrates that such dwelling is necessary for and accessory to forest uses. The Forest Management Plan shall demonstrate the following:
(A) The dwelling will contribute substantially to the growing, propagation, and harvesting of trees. The principal purpose for allowing a dwelling on forest lands is to enable the resident to conduct efficient and effective management. This requirement shall indicate a relationship between ongoing forest management and the need for dwelling on the subject property.
(B) The subject parcel has been enrolled in the state's forest assessment program.
(C) A plan for management of the parcel has been approved by the Oregon Department of Forestry or the Washington Department of Natural Resources and the Development Review Officer. The plan must indicate the condition and productivity of lands to be managed; the operations the owner will carry out (thinning, harvest, planting, etc.); a chronological description of when the operations will occur; estimates of yield, labor, and expenses; and how the dwelling will contribute towards the successful management of the property.
(D) There are no other dwellings on the parcel that are vacant or currently occupied by persons not engaged in forest management of the subject parcel.
(E) The dwelling complies with all applicable building code and fire protection guidelines.
F) A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs, and assigns of the subject property are aware that adjacent and nearby operations are entitled to carry on accepted agricultural or forest practices.
(k) Accessory structures over 60 square feet.
(l) Home occupations and cottage industries pursuant to Commission Rule 350-080-0150(4).
(m) Temporary portable facility for the processing of forest products.
(n) Towers and fire stations for forest fire protection.
(o) Community facilities and nonprofit facilities related to forest resource management.
(p) Expansion of existing nonprofit group camps, retreats, or conference or education centers, necessary for the successful operation of the facility on the dedicated site. Expansion beyond the dedicated site shall be prohibited.
(q) Signs as specified in Commission Rule 350-080-0160(2).
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0280
Review Uses with Additional Approval Criteria -- Commercial Forest Land, or Large or Small Woodland Designations
The following uses may be allowed on lands designated Commercial Forest Land, or Large or Small Woodland, subject to compliance with the appropriate scenic, cultural, natural, or recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620) and Commission Rule 350-080-0290:
(1) Utility facilities and railroads necessary for public service upon a showing that (a) there is no practicable alternative location with less adverse effect on agricultural and forest lands and on scenic, cultural, natural and recreation resources and (b) the size is the minimum necessary to provide the service.
(2) Home occupations or cottage industries in an existing residence or accessory structure, subject to the guidelines in Commission Rule 350-080-0150(4).
(3) Fruit and produce stands, upon a showing that sales will be limited to agricultural products raised on the subject farm and other farms in the local region.
(4) Wineries, in conjunction with onsite viticulture, upon a showing that processing and sales of wine is from grapes grown on the subject farm or in the local region.
(5) Agricultural product processing and packaging, upon a showing that the processing will be limited to products grown primarily on the subject farm and sized to the subject operation.
(6) Exploration, development, and production of mineral and geothermal resources.
(7) Aquaculture.
(8) Boarding of horses.
(9) Temporary portable asphalt/batch plants related to public road projects, not to exceed 6 months.
(10) Expansion of existing nonprofit group camps, retreats, or conference centers.
(11) Bed and breakfast inns in single-family dwellings, subject to Commission Rule 350-080-0150(5) and provided that the residence:
(a) Is included in the National Register of Historic Places, or
(b) In Washington, is listed on the Washington State Register of Historic Places maintained by the Washington Office of Archaeology and Historic Preservation, or
(c) In Oregon, is identified and protected under local landmark status as approved pursuant to Oregon state land use regulations protecting historic structures.
(12) Nonprofit, environmental learning or research facilities.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0290
Approval Criteria for Specified Review Uses on Lands Designated Commercial Forest Land or Large or Small Woodland
Uses identified in Commission Rule 350-080-0280 may be allowed only if they meet the following criteria:
(1) The owners of land designated Commercial Forest Land, Large or Small Woodland, or Large-Scale or Small-Scale Agriculture and that lies within 500 feet of the perimeter of the subject parcel have been notified of the land use application and have been given at least 10 days to comment prior to a final decision;
(2) The use will not interfere seriously with accepted forest or agricultural practices on nearby lands devoted to resource use;
(3) The use will be sited in a way that minimizes the loss of forest or agricultural land and minimizes the chance of interference with accepted forest or agricultural practices on nearby lands; and
(4) The use will not significantly increase fire hazard, fire suppression costs or risks to fire suppression personnel and will comply with Commission Rule 350-080-0300.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0300
Approval Criteria for Fire Protection in Forest Designations
All uses, as specified, shall comply with the following fire safety guidelines:
(1) All buildings shall be surrounded by a maintained fuel break of 50 feet. Hazardous fuels shall be removed within the fuel break area. Irrigated or fire resistant vegetation may be planted within the fuel break. This could include green lawns and low shrubs (less than 24 inches in height). Trees should be spaced greater than 15 feet between the crowns and pruned to remove dead and low (less than 8 feet) branches. Accumulated leaves, needles, and other dead vegetation shall be removed from beneath trees.
(2) Buildings with plumbed water systems shall install at least one standpipe a minimum of 50 feet from the structure(s).
(3) A pond, stream, tank or sump with storage of not less than 1,000 gallons, or a well or water system capable of delivering 20 gallons per minute shall be provided. If a well pump is located on-site, the electrical service shall be separate from the dwelling.
(4) Access drives shall be constructed to a minimum of 12 feet in width and not exceed a grade of 12 percent. Turnouts shall be provided at a minimum of every 500 feet. Access drives shall be maintained to a level that is passable to fire equipment. Variances to road guidelines may be made only after consultation with the local rural fire district, and the Washington Department of Natural Resources in Washington, or the Oregon Department of Forestry in Oregon.
(5) Within one year of the occupancy of a dwelling, the Development Review Officer shall conduct a review of the development to assure compliance with these guidelines.
(6) Telephone and power supply systems shall be underground whenever possible.
(7) Roofs of structures should be constructed of fire-resistant materials such as metal, fiberglass shingle or tile. Roof materials such as cedar shake and shingle should not be used.
(8) Any chimney or stovepipe on any structure for use with a woodstove or fireplace should be screened with no coarser than 1/4 inch mesh metal screen that is noncombustible and corrosion resistant and should be equipped with a spark arrestor.
(9) All structural projections such as balconies, decks and roof gables should be built with fire resistant materials equivalent to that specified in the Uniform Building Code.
(10) Attic openings, soffit vents, foundation louvers or other ventilation openings on dwellings and accessory structures should be screened with no coarser than 1/4 inch mesh metal screen that is noncombustible and corrosion resistant.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0310
Approval Criteria for Siting of Dwellings on Forest Land
The approval of new dwellings and accessory structures on forest lands shall comply with the following guidelines:
(1) The dwelling and structures shall be sited on the parcel so that they will have the least impact on nearby or adjoining forest operations. Dwellings shall be set back at least 200 feet from adjacent properties. Clustering or locating proposed development closer to existing development on adjacent lands may minimize impacts on nearby or adjacent forest operations.
(2) The amount of forest land used to site dwellings, structures, access roads, and service corridors shall be minimized. This can include locating new dwellings and structures as close to existing public roads as possible, thereby minimizing the length of access roads and utility corridors; or locating the dwelling, access road, and service corridors on portions of the parcel that are least or poorly suited for forestry. Areas may not be suitable for forestry because of existing nonforest uses, adjacent dwellings, or land productivity.
(3) Dwellings shall be located to minimize the risks associated with fire. Dwellings should be located on gentle slopes and in any case not on slopes which exceed 40 percent. Narrow canyons and draws should be avoided. Dwellings should be located to minimize the difficulty in gaining access to the structure in the case of fire. Dwellings should be located to make the access roads as short and flat as possible.
(4) A variance to the siting guidelines of this rule may be granted pursuant to the provisions of Commission Rule 350-080-0150(7).
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0320
Approval Criteria for Life Estates in Commercial Forest Land or Small or Large Woodland
A landowner who sells or otherwise transfers real property on lands designated Commercial Forest Land or Large or Small Woodland may retain a life estate in a dwelling and a tract of land surrounding the dwelling. The life estate tract shall not be considered a parcel. A second dwelling unit on lands designated Commercial Forest Land or Large or Small Woodland may be allowed, subject to compliance with the guidelines in Commission Rule 350-080-0520 through 350-080-0620 for the protection of scenic, cultural, natural, and recreation resources and upon findings that:
(1) The proposed dwelling is in conjunction with agricultural use, using guideline 350-080-0190(1)(e).
(2) On lands designated Large Woodland, the dwelling will contribute substantially to the growing, propagation, and harvesting of forest tree species. The proposed dwelling shall comply with guideline 350-080-0270(1)(a).
(3) On lands designated Small Woodland, the proposed dwelling complies with guideline 350-080-0270(1)(b).
(4) Upon termination of the life estate, the original or second dwelling shall be removed.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0330
Open Space Designations
Commission Rule 350-080-0330 through 350-080-0340 shall apply to those areas designated GMA-Open Space and SMA-Open Space on the Scenic Area Land Use Designation Map.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0335
Uses Allowed Outright -- Open Space
The following uses may be allowed on lands designated GMA-Open Space without review:
(1) Operation of existing structures, trails, roads, railroads, utility facilities, and hydroelectric facilities.
(2) Emergency repair and maintenance of existing structures, trails, roads, railroads, utility facilities, and hydroelectric facilities including removal of fallen timber, rock, or other materials from road surfaces, railroads lines, and utility structures. The term "repair and maintenance" is defined in 350-080-0040(107).
(3) Non-emergency repair and maintenance of existing structures, trails, roads, railroads, utility facilities, and hydroelectric facilities provided that:
(a) Ground disturbing activities only occur on sites that have been previously disturbed by human activities and do not exceed the depth and extent of existing ground disturbance;
(b) Clearing of vegetation, including tree removal, only occurs on sites that have been regularly cleared for maintaining utility facilities.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0340
Review Use -- Open Space
(1) The following uses may be allowed on all lands designated GMA-Open Space subject to compliance with the appropriate scenic, cultural, natural, and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620):
(a) Low intensity recreation, subject to Commission Rule 350-080-0610(2).
(b) Land divisions to facilitate efforts to protect and enhance scenic, cultural, natural or recreation resources.
(c) Non-emergency repair and maintenance of existing structures, trails, roads, railroads, utility facilities, and hydroelectric facilities that involve new ground disturbing activities or those which differ in depth and extent from past ground disturbance.
(d) Improvement of existing structures, trails, roads, railroads, utility facilities, and hydroelectric facilities.
(e) Placement of structures for public safety.
(f) Restoration and enhancement structures and/or activities including vegetation, scenic, soil, fish and wildlife habitat restoration and enhancements.
(2) The following uses may be allowed on land designated GMA-Open Space in the Gorge Walls, Canyonlands and Wildlands landscape setting:
(a) All uses listed in Commission Rule 350-080-0340(1).
(b) Livestock grazing.
(c) Fish and wildlife management uses conducted by federal, state or tribal resource agencies.
(d) Soil, water or vegetation uses performed in accordance with a conservation plan approved by a county conservation district.
(e) Harvesting of wild crops.
(f) Educational or scientific research.
(g) Continued operation of existing quarries if they are determined to be consistent with guidelines to protect scenic, cultural, natural and recreation resources (Commission Rule 350-080-0520 through 350-080-0620).
(3) The following uses may be allowed on lands designated GMA-Open Space within the Mosley Lakes Natural Area:
(a) All those uses allowed in Commission Rule 350-080-0340(1).
(b) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies, after consultation with the Washington Natural Heritage Program.
(c) Educational or scientific research, after consultation with the Washington Natural Heritage Program.
(d) Commercial trapping.
(4) The following uses may be allowed on land designated GMA-Open Space within the Chenoweth Table Natural Area:
(a) All those uses allowed in Commission Rule 350-080-0340(1).
(b) Low-intensity recreation, subject to the guidelines for recreation intensity classes 350-080-0610(2), after consultation with the Oregon Natural Heritage Program.
(c) Wildlife management uses conducted by federal, state, or tribal resource agencies, after consultation with the Oregon Natural Heritage Program.
(d) Educational or scientific research, after consultation with the Oregon Natural Heritage Program.
(5) The following uses may be allowed on land designated GMA-Open Space within the Squally Point Natural Area:
(a) Except as limited by guideline (5)(b) below, all those uses allowed in Commission Rule 350-080-0340(1).
(b) Except in the upland dunes south of the railroad tracks, low-intensity recreation, subject to the guidelines for recreation intensity classes 350-080-0610(2), after consultation with the Oregon Natural Heritage Program.
(c) Repair and maintenance of railroads, except measures to stabilize dunes, after consultation with the Oregon Natural Heritage Program.
(6) The following uses may be allowed on land designated GMA-Open Space within the Klickitat River Wildlife and Natural Area:
(a) All those uses allowed in Commission Rule 350-080-0340(1).
(b) Low-intensity recreation, subject to the guidelines for recreation intensity classes 350-080-0610(2), after consultation with the Washington Natural Heritage Program and Washington Department of Wildlife.
(c) Wildlife management uses conducted by federal, state, or tribal resource agencies, after consultation with the Washington Natural Heritage Program.
(d) Educational or scientific research, after consultation with the Washington Natural Heritage Program.
(7) The following uses are allowed on land designated GMA-Open Space within the Balch Lake Wetland Area:
(a) All those uses allowed in Commission Rule 350-080-0340(1).
(b) Livestock grazing, subject to a range conservation plan, after consultation with the Washington Department of Wildlife.
(c) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.
(d) Educational and scientific research, after consultation with the Washington Department of Wildlife.
(e) Low-intensity recreation, subject to the guidelines for recreation intensity classes 350-080-0610(2), after consultation with the Washington Department of Wildlife.
(8) The following uses may be allowed on lands designated GMA-Open Space within the mouth of the Wind River Wildlife Area:
(a) All those uses allowed in Commission Rule 350-080-0340(1).
(b) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.
(c) Soil, water, or vegetation uses performed in accordance with a conservation plan approved by a local conservation district.
(d) Harvesting of wild crops.
(e) Educational or scientific research, after consultation with the Washington Department of Wildlife or Fisheries.
(f) Commercial fishing and trapping.
(g) Low-intensity recreation, subject to the guidelines for recreation intensity classes 350-080-0610(2), after consultation with the Washington Department of Wildlife.
(9) The following uses may be allowed on lands designated GMA-Open Space within state parks:
(a) All uses listed in Commission Rule 350-080-0340(1).
(b) Fish and wildlife management uses conducted by federal, state or tribal resource agencies.
(c) Soil, water or vegetation uses performed in accordance with a conservation plan approved by a local conservation district.
(d) Harvesting of wild crops.
(e) Educational or scientific research.
(10) On land designated SMA-Open Space, the maintenance, repair, and operation of existing dwellings, structures, trails, roads, railroads, and utility facilities may occur without review.
(11) The following uses may be allowed on lands designated SMA-Open Space, subject to compliance with the appropriate scenic, cultural, natural and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620) and when consistent with an open space plan approved by the U.S. Forest Service pursuant to guideline (12) below:
(a) Changes in existing uses including reconstruction, replacement, and expansion of existing structures and transportation facilities, except for commercial forest practices.
(b) Restoration and enhancement structures and/or activities including vegetation, scenic, soil, fish and wildlife habitat restoration and enhancements.
(c) Low intensity recreation uses, including educational and interpretive facilities, consistent with Commission Rule 350-080-0620.
(d) Utility facilities for public service upon a showing that:
(A) There is no alternative location with less adverse effect on Open Space land.
(B) The size is the minimum necessary to provide the service.
(e) New signs, pursuant to Commission Rule 350-080-0160.
(12) An Open Space plan shall be completed by the primary managing agency or landowner prior to any new land uses or development, and shall be reviewed by the Forest Service. The Open Space plan shall include the following:
(a) Direction for resource protection, enhancement, and management.
(b) Review of existing uses to determine compatibility with Open Space values.
(c) Consultation with members of the public and with agency and resource specialists.
(13) Treatment of noxious weeds on lands designated SMA-Open Space shall be permitted, subject to review, without completion of an SMA Open Space plan when the following criteria have been met:
(a) Noxious weed infestation is new and eradication is still viable.
(b) Delayed or deferred treatment could have widespread or major adverse impacts to one or more of the following resources:
(A) Displacement of native and traditionally gathered plants;
(B) Degradation of wildlife habitat and forage;
(C) Degradation or loss of agricultural uses of land, such as cropland or livestock forage;
(D) Limitation of recreational uses.
(c) For federal lands, treatment effects have been thoroughly evaluated in an environmental assessment.
Stat. Auth.: ORS 196.150 & RCW 43.97.015
Stats. Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95; CRGC 1-1997, f. 9-17-97, cert. ef. 11-3-97; CRGC 2-2000, f. 8-18-00, cert. ef. 9-29-00
350-080-0350
Residential Land Designations
Commission Rule 350-080-0350 through 350-080-0390 shall apply to those areas designated Residential on the Scenic Area Land Use Designation Map.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0360
Uses Allowed Outright -- Residential Land
(1) The following uses are allowed on lands in the General Management Area designated Residential without review:
(a) Agricultural use, except new cultivation.
(b) Forest practices that do not violate conditions of approval for other approved uses.
(c) Repair, maintenance and operation of existing structures, trails, roads, railroads and utility facilities.
(d) Buildings less than 60 square feet in area and not exceeding 18 feet in height measured at the roof peak, which are accessory to a dwelling.
(2) The following uses are allowed on land in the Special Management Area designated Residential without review:
(a) Agricultural uses except where there would be potential impact to cultural or natural resources.
(b) Maintenance, repair, and operation of dwellings, signs, structures, existing trails, roads, railroads, and utility facilities.
(c) Accessory structures of less than 60 square feet in area and 18 feet in height measured at the roof peak.
Stat. Auth.: ORS 196.150
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95
350-080-0370
Review Uses -- Residential Land
(1) The following uses may be allowed on lands in the General Management Area designated Residential, subject to compliance with the scenic, cultural, natural and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620):
(a) One single-family dwelling per legally created parcel.
(A) If the subject parcel is located adjacent to lands designated Large-Scale or Small-Scale Agriculture or Commercial Forest Land or Large or Small Woodland, the use shall comply with the buffer and notification requirements of Commission Rule 350-080-0150(2) and 350-080-0190(1)(n)(E) for agriculture designations or Commission Rule 350-080-0310(1) and 350-080-0290(1) for forest land designations.
(B) If the subject parcel is located adjacent to lands designated Commercial Forest Land or Large or Small Woodland, the placement of a dwelling shall also comply with the fire protection guidelines of Commission Rule 350-080-0300.
(b) Buildings exceeding 60 square feet in area and/or 18 feet in height as measured at the roof peak, which are accessory to a dwelling.
(c) The temporary use of a mobile home in the case of a family hardship, subject to Commission Rule 350-080-0150(3).
(d) Construction or reconstruction of roads.
(e) On parcels 10 acres or larger designated Residential-5, or 20 acres or larger designated Residential-10, a land division creating new parcels smaller than the designated minimum parcel size, subject to the provisions of Commission Rule 350-080-0150(1).
(f) New cultivation, subject to compliance with Commission Rule 350-080-0540 and 350-080-0560 through 350-080-0590.
(g) Land divisions, subject to the minimum lot size as indicated on the Land Use Designation Map.
(h) New agricultural structures.
(2) The following uses may be allowed on lands in the Special Management Area designated Residential subject to compliance with the scenic, cultural, natural, and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620):
(a) One single-family dwelling per legally created lot or consolidated parcel, subject to the guidelines of Commission Rule 350-080-0270(2)(j)(E).
(b) Accessory structures over 60 square feet.
(c) New utility facilities.
(d) Fire stations.
(e) Home occupations and cottage industries pursuant to Commission Rule 350-080-0150(4).
(f) Bed and breakfast inns in structures that are included in, or eligible for inclusion in, the National Register of Historic Places, pursuant to 350-080-0150(5).
(g) Community parks and playgrounds.
(h) Road and railroad construction and reconstruction.
(i) Forest practices, pursuant to the provisions of Commission Rule 350-080-0270(2).
(j) Signs, as specified in Commission Rule 350-080-0160(2).
Stats. Implemented: ORS 196.150; RCW 43.97.015; 16 U.S.C. § 544 et seq.
Hist.: CRGC 2-1993 (Temp), f. 5-6-93, cert. ef. 6-1-93; CRGC 4-1993, f. & cert. ef. 8-4-93; CRGC 5-1994, f. 12-27-94, cert. ef. 2-1-95; CRGC 1-1995(Temp), f. & cert. ef. 7-25-95; CRGC 1-2000, f. & cert. ef. 6-30-00
350-080-0380
Review Uses with Additional Approval Criteria -- Residential Land
The following uses may be allowed on lands in the General Management Area designated Residential subject to compliance with the appropriate scenic, cultural, natural, and recreation resources guidelines (Commission Rule 350-080-0520 through 350-080-0620), and Commission Rule 350-080-0390:
(1) Accredited child care centers on land designated 1-acre Residential or 2-acre Residential. A child care center may be allowed in other Residential designations within an existing church or community building.
(2) Schools within an existing church or community building.
(3) Utility facilities and railroads.
(4) Home occupations and cottage industries pursuant to Commission Rule 350-080-0150(4).
(5) Fire stations.
(6) Recreation development, subject to compliance with Commission Rule 350-080-0610.
(7) Community parks and playgrounds, consistent with the guidelines of the National Park and Recreation Society regarding the need for such facilities. (continued)