Or. Admin. R. 350-082-0270

Current through Register Vol. 63, No. 8, August 1, 2024

Section 350-082-0270 - Uses Allowed on Lands Designated Commercial Forest Land, Large Woodland, and Small Woodland

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated Commercial Forest Land, Large Woodland, and Small Woodland.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated Commercial Forest Land, Large Woodland, or Small Woodland.

(3) Review Uses. The following uses may be allowed on lands designated Commercial Forest Land, Large Woodland, and Small Woodland, subject to compliance with 350-082-0600 through 350-082-0720, except where a use specifies that it is only allowed on land designated Commercial Forest Lands. or Large Woodland or Small Woodland:

(a) On lands designated Small Woodland, one single-family dwelling on a legally created and existing parcel upon the parcel's enrollment in the appropriate 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 350-0820270(5) and (6). 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 Woodland, Small Woodland, Large-Scale Agriculture, or Small-Scale Agriculture.

(b) One single-family dwelling on lands designated Small Woodland if shown to be in conjunction with and substantially contributing to the current agricultural use of a farm. The guidelines in 350-082-0240(3)(h) shall be used to determine whether a dwelling is a farm dwelling. The siting of the dwelling shall comply with 350-082-0270(5).

(c) Temporary onsite structures that are auxiliary to and used during the term of a particular forest operation. "Auxiliary" means a use or alteration of a structure or land that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located onsite, is temporary in nature, and is not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded.

(d) Temporary portable facility for the primary processing of forest products grown on a parcel of land or contiguous land in the same ownership where the facility is to be located. The facility shall be removed upon completion of the harvest operation.

(e) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(f) Structures associated with hunting and fishing operations.

(g) Towers and fire stations for forest fire protection.

(h) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to 350-082-0270(5) and 350-0820380.

(i) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (j) or (k) below.

(j) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel less than or equal to ten acres in size are subject to compliance with 350-082-0270(5) and (6) and the following additional standards:

(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

(B) The height of any individual accessory building shall not exceed 24 feet.

(k) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel larger than ten acres in size are subject to compliance with 350-082-0270(5) and (6) and the following additional standards:

(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 2,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

(B) The footprint of any individual accessory building shall not exceed 1,500 square feet.

(C) The height of any individual accessory building shall not exceed 24 feet.

(l) On lands designated Commercial Forest or Large Woodland with a dwelling that was legally established and not discontinued, the temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to compliance with 350-082-0390 and 350-082-0270(5) and (6).

(m) On lands designed Small Woodland, the temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to the guidelines for hardship dwellings in compliance with 350-0820390 and 350-082-0270(5) and (6).

(n) A second single-family dwelling on lands designated Small Woodland for a farm operator's relative, subject to compliance with 350-082-0240(3)(k) and 350-082-0270(5) and (6).

(o) Private roads serving a residence on the subject parcel, subject to compliance with 350-082-0270(5) and (6).

(p) Recreation development, subject to compliance with the guidelines established for the recreation intensity classes in 350-082-0700.

(q) Agricultural labor housing, subject to compliance with all the following guidelines:

(A) The proposed housing is necessary and accessory to a current agricultural use on the subject farm.

(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 shall not force a significant change in or significantly increase the cost of accepted agricultural practices employed on nearby lands devoted to agricultural use.

(D) The housing is subject to compliance with 350-082-0270(5) and (6).

(r) On lands designated Commercial Forest Land, a temporary manufactured home, tiny house on a trailer, or similar structure, in conjunction with a timber operation, upon a finding that security personnel are required to protect equipment associated with a harvest operation or to protect the subject forest land from fire. The manufactured home, tiny house on a trailer, or similar structure must be removed upon completion of the subject harvest operation or the end of the fire season. The placement of the manufactured home, tiny house on a trailer, or similar structure is subject to compliance with 350-082-0270(5) and (6).

(s) New cultivation, subject to compliance with guidelines for the protection of cultural resources and natural resources in 350-082-0620 and 350-082-0640 through 350-082-0690.

(t) Agricultural structures, except buildings, in conjunction with agricultural use, including new cultivation, subject to compliance with 350-082-0270(5).

(u) On lands designated Small Woodland, a life estate, subject to compliance with the following guidelines:

(A) A landowner who sells or otherwise transfers real property on lands designated Small Woodland may retain a life estate in a dwelling and a tract of land surrounding the dwelling.

(B) The life estate tract shall not be considered a parcel as defined in this land use ordinance.

(C) A second dwelling unit on may be allowed, subject to compliance with the guidelines for the protection of scenic, cultural, natural, and recreation resources and upon findings that:

(i) The proposed dwelling is in conjunction with agricultural use, as determined by compliance with the guidelines in 350-082-0240(3)(h) or

(ii) The proposed dwelling complies with subsection (3)(a) above and

(D) Upon termination of the life estate, the original or second dwelling shall be removed.

(v) Land divisions, subject to compliance with 350-082-0560.

(w) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to compliance with 350-082-0570(1).

(x) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(y) Docks and boathouses, subject to compliance with 350-082-0410.

(z) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks, and fuel tanks.

(aa) Commercial events on lands designated Large Woodland or Small Woodland, subject to compliance with 350-0820480.

(bb) Special uses in historic buildings, subject to compliance with 350-082-0530.

(4) Review Uses with Additional Approval Criteria

(a) The following uses may be allowed on lands designated Commercial Forest Land, Large Woodland, and Small Woodland, subject to compliance with 350-082-0600 through 350-082-0720, except where a use specifies that it is only allowed on land designated Commercial Forest Land, Large Woodland, or Small Woodland. The following uses shall also comply with the "Approval Criteria for Specified Review Uses" in subsection (b) below:

(A) Construction, reconstruction, or modification of roads, utility facilities, and railroads necessary for public service upon a showing that:

(i) there is no practicable alternative location with less adverse effect on agricultural and forest lands and on scenic, cultural, natural and recreation resources and;

(ii) the size is the minimum necessary to provide the service.

(B) Home occupations in an existing residence or accessory structure, subject to compliance with 350-082-0420.

(C) Fruit and produce stands.

(D) Wineries and cideries, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruits harvested on the subject farm and the local region.

(E) Wine or cider sales and tasting rooms, in conjunction with an on-site winery or cidery.

(F) 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.

(G) Exploration, development, and production of mineral and geothermal resources, subject to compliance with 350082-0500.

(H) Aquaculture.

(I) Boarding of horses. The reviewing agency shall make findings on property characteristics, parcel size and impacts to neighbors, and shall specify the maximum number of horses based on those findings.

(J) Temporary portable asphalt or batch plants related to public road projects, not to exceed six months.

(K) Expansion of existing nonprofit group camps, retreats, or conference centers.

(L) Bed and breakfast inns in single-family dwellings, subject to 350-082-0440 and provided that the residence:

(i) Is included in the National Register of Historic Places, or

(ii) In Washington, is listed on the Washington Heritage Register maintained by the Washington Department of Archaeology and Historic Preservation, or

(iii) In Oregon, is identified and protected under local landmark status as approved pursuant to Oregon state land use regulations protecting historic structures.

(M) Nonprofit, environmental learning or research facilities.

(N) On parcels designated Small Woodland, small-scale fishing support and fish processing operations on parcels that are contiguous with and have direct access to the Columbia River, subject to compliance with 350-082-0450.

(O) Disposal sites managed and operated by the Oregon Department of Transportation, the Washington State Department of Transportation, or a National Scenic Area county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, subject to compliance with 350-082-0470.

(b) Approval Criteria for Specified Review Uses on Lands Designated Commercial Forest, Large Woodland, and Small Woodland.

(A) The owners of land that is designated Commercial Forest Land, Large Woodland, Small Woodland, Large-Scale Agriculture, 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 ten days to comment prior to a final decision.

(B) The use will not seriously interfere with accepted forest or agricultural practices on nearby lands devoted to resource use.

(C) 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.

(D) The use will not significantly increase fire hazard, fire suppression costs, or risks to fire suppression personnel and complies with 350-082-0270(5).

(5) All uses, as specified, shall comply with the following Approval Criteria for Fire Protection in Forest Designations:

(a) All buildings shall be surrounded by a maintained defensible space of at least 50 feet. Hazardous fuels shall be removed within the defensible space. Irrigated or fire resistant vegetation may be planted within the defensible space. 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 eight feet) branches. Accumulated leaves, needles, and other dead vegetation should be removed from beneath trees. The Executive Director may consult with a fire professional to adjust defensible space to account for site slope. Defensible space may be adjusted to protect riparian vegetation and other resources, or as recommended by local fire districts, conservation districts, or other professional.

(b) Buildings with plumbed water systems shall install at least one standpipe a minimum of 50 feet from the structure(s).

(c) 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.

(d) 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 and at the building site. 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.

(e) Utility supply systems shall be underground whenever possible.

(f) Roofs of structures shall be constructed of fire-resistant materials such as metal, fiberglass, or asphalt shingle or tile. Roof materials such as cedar shake and shingle shall not be used.

(g) Any chimney or stovepipe on any structure for use with a woodstove or fireplace should be equipped with a spark arrestor that includes at least one screen no coarser than 1/8-inch mesh metal that is noncombustible and corrosion resistant.

(h) All structural projections such as balconies, decks and roof gables should be built with fire resistant materials equivalent to that specified in the International Building Code.

(i) Attic openings, soffit vents, foundation louvers or other ventilation openings on dwellings and accessory structures should be screened with no coarser than 1/8-inch mesh metal screen that is noncombustible and corrosion resistant.

(j) Within one year of the occupancy of a dwelling, the Executive Director shall conduct a review of the development to assure compliance with subsections (a) through (i).

(6) The approval of new dwellings and accessory structures on forest lands shall comply with the following guidelines:

(a) 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.

(b) 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.

(c) Dwellings shall be located to minimize the risks associated with wildfire. Dwellings shall be located on gentle slopes and in any case not on slopes that exceed 30 percent. Dwellings shall be set back from slopes. Narrow canyons and draws shall be avoided. Dwellings shall be located to minimize the difficulty of gaining access to the structure in the case of fire. Dwellings shall be located to make the access roads as short and flat as possible.

(d) The Executive Director may grant a variance to the siting guidelines contained in subsections (a) through (c) upon a demonstration that the guidelines in 350-082-0590 have been satisfied.

Or. Admin. R. 350-082-0270

CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)

Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)