Or. Admin. Code § 350-082-0300

Current through Register Vol. 63, No. 12, December 1, 2024

Section 350-082-0300 - Uses Allowed on Lands Designated SMA Open Space

(1) Uses Allowed Outright. The uses listed in 350-082-0210(2) are allowed without review on lands designated SMA Open Space.

(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 SMA Open Space.

(3) Review Uses on All Lands Designated SMA Open Space.

(a) The following uses may be allowed on all lands designated SMA Open Space subject to compliance with 350-0820600 through 350-082-0720 and completion of an SMA Open Space Plan pursuant to subsection (b) below:

(A) Changes in existing uses, including reconstruction, replacement, and expansion of existing structures and transportation facilities, except for commercial forest practices.

(B) 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 vegetation management and forest practices (subject to the forest practice guidelines of 350-082-0280) for the restoration of forest health, new structures (e.g., fish ladders, sediment barriers), or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(C) Low-intensity recreation uses and development, including educational and interpretive facilities, consistent with 350-082-0710(2)(b).

(D) Utility facilities for public service, upon a showing that:

(i) There is no alternative location with less adverse effect on Open Space land.

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

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

(F) Treatment of noxious weeds shall be permitted without completion of an SMA Open Space plan when the following criteria have been met:

(i) Noxious weed infestation is new and eradication is still viable.

(ii) Delayed or deferred treatment could have widespread or major adverse impacts to one or more of the following resources:

(I) Displacement of native and traditionally gathered plants;

(II) Degradation of wildlife habitat and forage;

(III) Degradation or loss of agricultural uses of land, such as cropland or livestock forage; or

(IV) Limitation of recreational uses.

(iii) For federal lands, treatment effects have been thoroughly evaluated in an environmental assessment.

(b) 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.

Or. Admin. Code § 350-082-0300

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

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

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