Or. Admin. Code § 350-082-0290

Current through Register Vol. 63, No. 12, December 1, 2024
Section 350-082-0290 - Uses Allowed on Lands Designated GMA Open Space
(1) Uses Allowed Outright. The uses listed in 350-082-0210(2) are allowed without review on lands designated GMA Open Space.
(2) Expedited Uses. The uses listed in 350-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated GMA Open Space.
(3) Review Uses on All Lands Designated GMA Open Space. The following uses may be allowed on all lands designated GMA-Open Space subject to compliance with 350-082-0600 through 350-082-0720:
(a) Low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)).
(b) Land divisions to facilitate efforts to protect and enhance scenic, cultural, natural, or recreation resources.
(c) Improvement, not including expansion, of existing structures, trails, roads, railroads, utility facilities, and hydroelectric facilities.
(d) Removal of timber, rocks or other materials for purposes of public safety and placement of structures for public safety.
(e) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation, and 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) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.
(g) Lot line adjustments, subject to compliance with 350-082-0570(1).
(4) Review Uses on Specific Lands Designated GMA Open Space
(a) The following uses may be allowed on lands designated GMA Open Space for Gorge Walls and Canyons subject to compliance with 350-082-0600 through 350-082-0720:
(A) Livestock grazing.
(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 county conservation district.
(D) Harvesting of wild crops.
(E) Educational or scientific research.
(F) Continued operation of existing quarries, if they are determined to be consistent with guidelines to protect scenic, cultural, natural, and recreation resources.
(G) All those uses allowed in section (3) above.
(b) The following uses may be allowed on lands designated GMA Open Space for the Mosley Lakes Natural Area subject to compliance with 350-082-0600 through 350-082-0720:
(A) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies, after consultation with the Washington Natural Heritage Program.
(B) Educational or scientific research, after consultation with the Washington Natural Heritage Program.
(C) Commercial trapping.
(D) All those uses allowed in section (3) above.
(c) The following uses may be allowed on lands designated GMA Open Space for the Chenoweth Table Natural Area subject to compliance with 350-082-0600 through 350-082-0720:
(A) Except in the upland dunes south of the railroad tracks, low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)), after consultation with the Oregon Biodiversity Information Center.
(B) Repair and maintenance of railroads, except measures to stabilize dunes, after consultation with the Oregon Biodiversity Information Center.
(C) Except as limited by subsection (A) above, all those uses allowed in section (3) above.
(d) The following uses may be allowed on lands designated GMA Open Space for the Squally Point Natural Area subject to compliance with 350-082-0600 through 350-082-0720:
(A) Except in the upland dunes south of the railroad tracks, low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)), after consultation with the Oregon Biodiversity Information Center.
(B) Repair and maintenance of railroads, except measures to stabilize dunes, after consultation with the Oregon Biodiversity Information Center.
(C) Except as limited by subsection (A) above, all those uses allowed in section (3) above.
(e) The following uses may be allowed on lands designated GMA Open Space for the Klickitat River Wildlife and Natural Area subject to compliance with 350-082-0600 through 350-082-0720:
(A) Low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)), after consultation with the Washington Natural Heritage Program and Washington Department of Wildlife.
(B) 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) All those uses allowed in section (3) above.
(f) The following uses may be allowed on lands designated GMA Open Space for the Balch Lake Wetlands Area subject to compliance with 350-082-0600 through 350-082-0720:
(A) Livestock grazing, subject to a range conservation plan, after consultation with the Washington Department of Wildlife.
(B) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.
(C) Educational and scientific research, after consultation with the Washington Department of Wildlife.
(D) Low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)), after consultation with the Washington Department of Wildlife.
(E) All those uses allowed in section (3) above.
(g) The following uses may be allowed on lands designated GMA Open Space for the Mouth of Wind River Wildlife Area subject to compliance with 350-082-0600 through 350-082-0720:
(A) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.
(B) Soil, water, or vegetation uses performed in accordance with a conservation plan approved by a local conservation district.
(C) Harvesting of wild crops.
(D) Educational or scientific research, after consultation with the Washington Department of Wildlife or Fisheries.
(E) Commercial fishing and trapping.
(F) Low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)), after consultation with the Washington Department of Wildlife.
(G) All those uses allowed in section (3) above.
(h) The following uses may be allowed on lands designated GMA Open Space on those portions of state park ownerships not suitable for major recreation facilities subject to compliance with 350-082-0600 through 350-082-0720:
(A) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.
(B) Soil, water, or vegetation uses performed in accordance with a conservation plan approved by a local conservation district.
(C) Harvesting of wild crops.
(D) Educational or scientific research.
(E) All those uses allowed in section (3) above.

Or. Admin. Code § 350-082-0290

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)