Or. Admin. Code § 736-018-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 736-018-0020 - State Park Master Planning Criteria

The state park master planning criteria described in section (2) of this rule shall be the basis for decisions on new and amended state park master plans, including decisions on the uses that are appropriate for each state park, the sizes, intensities and locations of uses, and other matters involving park design and resource management. The Department shall address these criteria, using the best available information, in formulating and adopting state park master plans. These criteria shall also be the basis for raising and resolving disputes between the Department and affected local governments regarding proposed state park master plans. The Department shall consult with the appropriate expert agencies, groups and individuals, including but not limited to those listed for each criterion.

(1) The following definitions apply to this rule:

(a) "Natural resources": Wetlands, riparian areas, water features, geological features, plant communities, wildlife habitats and protected and candidate plant and animal species.

(b) "Important natural resource": A natural resource which has one or more of the following characteristics: high quality including generally undisturbed by historic or current human activities, of good vigor or condition, having a native species composition, protected under state or federal Endangered Species law, or constitutes a flooding or soil stability hazard which cannot easily be overcome through site engineering.

(c) "Composite Suitability Assessment": The Department's process of assessing the suitability of areas of the park for development and use and designating areas for 1 of 4 levels of suitability and related development intensity.

(d) "Level 1 or 2 development intensity": Refers to two of the four Composite Suitability Assessment designations. Generally, Levels 1 and 2 allow very limited development such as trails, small trailheads and trail use and related interpretation structures. Level 1 generally incorporates more specific natural resource protection regulations for such things as trail placement and seasonal trail closures.

(e) "Cultural resources": Archeological sites or features; and historic sites, districts, landscapes, features, structures, buildings and objects.

(f) "Important cultural resource": A cultural resource which is of statewide or regional historic significance, retains its historic appearance, and is in good condition; or if the resource is only of local historic significance, it must also be somehow important to the interpretation of the park, region or state.

(g) "Important Cultural Resources designated as Level 1 development intensity": Refers to a special application of one of the Composite Suitability Assessment designations which recognizes the need for strict protection of the significance and condition or integrity of the important cultural resource, while allowing any proposed development that can be shown to be compatible with cultural resource protection.

(h) "Natural Resource Maintenance": Any action needed to sustain a natural resource in its current condition and composition, or to provide visitor and staff safety or recreational access.

(i) "Natural Resource Enhancement": Any action needed to improve the condition or composition of a natural resource.

(j) "Natural Resource Restoration": Any action needed to re-establish an important natural resource to the park that has been destroyed or lost.

(k) "Cultural Resource Preservation": Management or maintenance actions needed to keep the cultural resource in it current condition and appearance, primarily for interpretive purposes.

(l) "Cultural Resource Restoration": Actions for returning a cultural resource to its appearance at a selected time in its past, primarily for interpretive purposes.

(m) "Cultural Resource Rehabilitation": Actions for returning a cultural resource to its appearance at a selected time in its past, which may include altering it somewhat for some type of modern use other than interpretation without affecting its condition. Moving a cultural resource to a new site is also a form of rehabilitation.

(n) "Cultural Resource Reconstruction": Building a replica of a lost cultural resource to represent the resource at a selected time in its past, either for interpretive or other uses. Reconstruction may include building some, all, or a suggestion of, the original resource.

(o) "Cultural Resource Management as ruins": Providing only those management or maintenance actions needed to keep viewers of the cultural resource safe while allowing the gradual deterioration of the resource. Photo or other documentation is often included.

(p) "Cultural Resource Removal": Taking the cultural resource down or moving it out of the park.

(q) "Important views": Existing or proposed viewing locations for public access, which are key to viewing scenic features, interpretive features or beautiful landscapes associated with the park.

(r) "Themes": Major interpretive or educational stories or topics.

(s) "Areas of Concern": Lands and land uses adjacent to a park which have potential negative or positive impacts on park uses, facilities or resources.

(2) New and amended state park master plans shall provide for park uses, facilities and activities as appropriate to:

(a) Protect areas of important natural resources in the park from inappropriate park use and development. Areas of the park with important natural resources shall only be designated for Level 1 or 2 development intensity. The Department shall consult with: The Oregon Natural Heritage Program, Oregon Fish and Wildlife Department, U.S. Fish and Wildlife Service, and the Oregon Department of Agriculture -- Native Plant Conservation Program.

(b) Protect areas of important cultural resources in the park from inappropriate park use and development. Areas of the park with important cultural resources shall be designated as Level 1 development intensity with the proviso that any development that is compatible with protecting the historic significance and condition or integrity of the cultural resource is allowed. The Department shall consult with The Oregon State Historic Preservation Office.

(c) Provide public recreation opportunities and facilities, including interpretive opportunities and facilities. Recreational and interpretive uses and facilities shall be sited, sized and designed to meet the following conditions:

(A) The uses and facilities support recreational activities identified in the State Comprehensive Outdoor Recreation Plan (SCORP), or other sources, as being in short supply in relation to demand projections for the region of the park for the 10 to 20 years following master plan adoption;

(B) The uses and facilities are consistent with the Department's role as a recreation provider in the region of the park;

(C) The uses and facilities do not significantly conflict with other park uses;

(D) The uses and facilities only serve park visitors;

(E) The uses and facilities are appropriate for the Composite Suitability Assessment level designated for the site; and

(F) The uses and facilities are compatible with the other criteria in this rule.

(d) Manage the natural resources in the park. The Department shall prepare natural resource management guidelines which shall include desired future conditions for the resources and actions needed to achieve those conditions. This shall include guidelines for natural resource maintenance, enhancement or restoration.

(A) Criteria for determining the appropriate natural resource management guidelines for a park include:

(i) Providing for ecosystems, plant communities, habitats and species occurrences needed to enhance the larger ecological condition of the park or area of the park;

(ii) Protecting recreational and interpretive uses and facilities for future use;

(iii) Protecting important cultural resources in the park;

(iv) Compliance with local, state and federal natural resource management regulations and agreements; and

(v) Preventing conflicts between natural resource maintenance and planned natural resource restorations and enhancements.

(B) The Department shall consult with the Oregon Natural Heritage Program, Oregon Fish and Wildlife Department, U.S. Fish and Wildlife Service, and Oregon Department of Agriculture -- Natural Resource Conservation Program.

(e) Manage the cultural resources in the park. The Department shall prepare cultural resource management guidelines which shall include desired future conditions for the resources and actions needed to achieve those conditions. This shall include management direction on the type and degree of cultural resource management needed for the park, including preservation, restoration, rehabilitation, reconstruction, management as ruins, or removal of cultural resources in the park, and other measures needed for visitor and staff safety.

(A) Criteria for determining the appropriate type and degree of cultural resource management include:

(i) Historic or prehistoric significance;

(ii) Condition and appearance;

(iii) Importance for interpretation;

(iv) Degree of public access needed for interpretation;

(v) Current and potential safety problems; and

(vi) Compliance with any regulations or agreements related to the proposed cultural resource management guideline.

(B) The Department shall consult with The State Historic Preservation Office.

(f) Manage the scenic resources in the park. The Department shall prepare scenic resource management guidelines for the park which shall include desired future conditions for the resources and actions needed to achieve those conditions. This shall include but not be limited to vegetation removal or pruning, replanting with less intrusive species, changing earthforms and removing man-made barriers to views.

(A) Criteria for determining appropriate scenic resource management guidelines include:

(i) Keeping views open from important viewpoints to important features;

(ii) Providing for visitor and staff safety in viewpoints and view corridors;

(iii) Avoiding major impacts on important natural or cultural resources;

(iv) Enhancing interpretation of the park or area; and

(v) Compliance with any related regulations and special scenic area agreements.

(B) The Department shall consult with any agencies which have special scenic or visual jurisdictions which apply to the park, or which the Department has scenic or visual agreements with.

(g) Interpret natural and cultural resources in the park and the area of the park, and provide information on recreational opportunities. The Department shall identify appropriate interpretive themes and needed interpretive facilities. Criteria for identifying appropriate interpretive themes for the park include:

(A) Representing the natural and cultural resources and recreational opportunities found in the park or the area of the park;

(B) The role of the Department in the area of the park, in relation to other recreation or interpretive providers, for interpreting identified themes; and

(C) Protection of important natural and cultural resources.

(h) Avoid or mitigate significant impacts from adjacent land uses on park uses, facilities and resources. Options for addressing potential impacts shall be included in the master plan. Mechanisms such as, but not limited to, the following shall be proposed as appropriate to limit, avoid or mitigate impacts:

(A) Identification of Areas of Concern adjacent to the park;

(B) Careful placement and design of park facilities and park use areas;

(C) Willing seller conservation easements or property acquisition;

(D) Department statements of no contest with certain adjacent land uses; and

(E) Agreements between the neighbors and the Department regarding factors such as harvesting or burning dates, unauthorized access, noise and visual intrusions.

(i) Avoid or mitigate significant impacts from park uses and facilities on local public services and local and state transportation systems. Options for addressing significant impacts shall be included with master plan proposals. Mechanisms such as, but not limited to, the following shall be proposed to avoid, limit or mitigate impacts:

(A) Careful placement and design of park facilities and park use areas;

(B) Agreements with local and state agencies regarding future road improvements and service arrangements needed prior to new facility development, and who will provide the improvements and services.

(j) Avoid or mitigate significant impacts from park uses on adjacent land uses. Some examples of potential impacts include excessive noise, potential trespass, traffic and access problems, and visual intrusions. For parks that are adjacent to Exclusive Farm Use zones, the master plans shall include findings that address potential impacts on accepted farm and forest practices on surrounding lands, as required by ORS 215.296. Options for addressing potential impacts shall be included with master plan proposals. Mechanisms such as, but not limited to, the following shall be proposed to avoid, limit or mitigate impacts:

(A) Identification of Areas of Concern which could be impacted by park uses or facilities;

(B) Careful placement and design of park facilities and park use areas;

(C) Agreements with neighbors on such things as event schedules and supervision; and

(D) Willing seller easements or property acquisition.

(k) Comply with the state land use goals. Each master plan shall include findings that address compliance of master plan proposals with the statewide goals.

(l) Achieve compatibility with the comprehensive plans of affected local governments. Each master plan shall include findings that describe the compatibility of the master plan with applicable local plans and actions needed to achieve compatibility.

Or. Admin. Code § 736-018-0020

PRD 10-1998, f. 7-29-98, cert. ef. 7-31-98

Stat. Auth.: ORS 390.180

Stats. Implemented: ORS 390.180