OAR 350-081-0052
Resource and Treaty Rights Protections Guidelines

(1)

Proposed developments reviewed using the expedited review process shall comply with the following resource protection guidelines:

(a)

Scenic:

(A)

In the General Management Area, the scenic resource protection guidelines shall not apply to woven-wire fences for agricultural use that would enclose 80 acres or less.

(B)

Except signs, the colors of structures topographically visible from key viewing areas shall be dark earth-tones found at the specific site or the surrounding landscape. The specific colors or list of acceptable colors shall be included as a condition of approval. This guideline shall not apply to additions, which may match the color of existing buildings.

(C)

Except signs, structures topographically visible from key viewing areas shall use low or non-reflective building materials, including roofing, gutters, vents, and chimneys.

(D)

Outdoor lights shall be directed downward and sited, hooded, and shielded such that they are not highly visible from key viewing areas. Shielding and hooding materials shall be composed of non-reflective, opaque materials.

(E)

Signs shall comply with 350-081-0112 (Signs).

(F)

Structures within one-half mile of a key viewing area and topographically visible from the key viewing area shall be sited, screened and/or designed to achieve the applicable scenic standard (e.g., visual subordinance, not visually evident).

(b)

Cultural:

(A)

The expedited development review process shall only be used to review proposed development that does not require a reconnaissance survey, pursuant to 350-081-0540 (General Management Area Cultural Resource Review Criteria)(1)(c)(A) or historic survey, pursuant to 350-081-0540 (General Management Area Cultural Resource Review Criteria)(1)(c)(B).

(B)

The GMA guidelines that protect cultural resources and human remains discovered during construction shall be applied as conditions of approval for all development approved under the expedited development review process.

(c)

Recreation:

(A)

The development shall not detract from the use and enjoyment of established recreation sites on adjacent parcels.

(d)

Natural:

(A)

Wetlands, Streams, Rivers, Ponds, and Lakes:
(i)
The development is outside buffer zones for wetlands, streams, rivers, ponds, and lakes. This guideline shall not apply to lot line adjustments or development located inside road, utility or railroad rights-of-way or easements that have been previously disturbed and regularly maintained.

(B)

Sensitive Wildlife and Sensitive Plants
(i)
The development meets one of the following:

(I)

The development is at least 1,000 feet from known sensitive wildlife areas or sites (excluding sensitive aquatic species, deer winter range, and turkey habitat) and known sensitive plants; or

(II)

The development does not disturb the ground or is inside road, utility or railroad rights-of-way or easements or other areas that have been previously disturbed and regularly maintained; or

(III)

For sensitive wildlife, the development is within 1,000 feet of known sensitive wildlife areas or sites (excluding sensitive aquatic species, deer winter range and turkey habitat), but an appropriate federal or state wildlife agency determines (1) the sensitive wildlife area or site is not active or (2) the proposed development would not compromise the integrity of the wildlife area or site or occur during the time of the year when wildlife species are sensitive to disturbance. For sensitive plants, the development is within 1,000 feet of known sensitive plants, but the Oregon or Washington Natural Heritage Program or a person with recognized expertise in botany or plant ecology hired by the applicant has determined that the development would be at least 200 feet from the sensitive plants.
(ii)
Development eligible for expedited review shall be exempt from the field survey requirements for sensitive wildlife or sensitive plants.

(2)

Proposed developments reviewed using the expedited review process shall comply with the following treaty rights protection guidelines:

(a)

Proposed developments shall not affect or modify any treaty or other rights of any Indian tribe.

(b)

The expedited development review process shall cease and the proposed development shall be reviewed using the full development review process if an Indian tribe submits substantive written comments during the comment period that identify the treaty rights that exist in the project vicinity and explain how they would be affected or modified by the proposed development.

(c)

Except as provided in 2.b above, the GMA and SMA treaty rights and consultation goals, policies and guidelines in Chapter 3, Section IV of the Management Plan shall not apply to proposed developments reviewed under the expedited review process.

Source: Rule 350-081-0052 — Resource and Treaty Rights Protections Guidelines, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=350-081-0052.

350–081–0010
Purposes and Applicability 350–081–0012
Affected Area 350–081–0014
Maps 350–081–0016
Review and Approval Required 350–081–0018
Uniform Application of Management Plan 350–081–0020
Definitions 350–081–0030
Standards for Applications 350–081–0032
Application for Review and Approval 350–081–0034
Pre-Application Conference 350–081–0036
Acceptance of Application 350–081–0038
Notice of Development Review 350–081–0040
Comment Period 350–081–0042
Decision of the Executive Director 350–081–0044
Expiration of Approvals 350–081–0046
Changes or Alterations to an Approved Action 350–081–0050
Development Eligible for Expedited Review 350–081–0052
Resource and Treaty Rights Protections Guidelines 350–081–0054
Procedures for Expedited Review Process 350–081–0060
Emergency/Disaster Response Actions 350–081–0070
Exempt Land Uses and Activities 350–081–0072
Prohibited Land Uses and Activities 350–081–0074
Uses Allowed Outright 350–081–0076
Agricultural Buffer Zones in the General Management Area 350–081–0078
Variances 350–081–0080
Applying New Less-Stringent Regulations to Development Approved Under Prior Scenic Area Regulations 350–081–0082
Existing Uses and Discontinued Uses 350–081–0084
Indian Tribal Treaty Rights and Consultation 350–081–0086
Buffers from Existing Recreation Sites 350–081–0090
Agricultural Buildings 350–081–0092
Temporary Use — Hardship Dwelling 350–081–0094
Sewer and Water Services 350–081–0096
Docks and Boathouses 350–081–0098
Home Occupations and Cottage Industries 350–081–0100
Bed and Breakfast Inns 350–081–0102
Small-Scale Fishing Support and Fish Processing Operations 350–081–0104
Resource Enhancement Projects 350–081–0106
Disposal Sites for Spoil Materials from Public Road Maintenance Activities 350–081–0108
Commercial Events 350–081–0110
Columbia River Bridge Replacement 350–081–0112
Signs 350–081–0114
Special Uses in Historic Buildings 350–081–0120
Consolidation of Lots 350–081–0124
Land Divisions and Cluster Development 350–081–0126
Lot Line Adjustments 350–081–0170
Agricultural Land Designations 350–081–0180
Uses Allowed Outright — Agricultural Land 350–081–0182
Uses Allowed through the Expedited Development Review Process — Agricultural Land 350–081–0190
Review Uses — Agricultural Land 350–081–0200
Review Uses with Additional Approval Criteria — Large-Scale or Small-Scale Agriculture 350–081–0210
Approval Criteria for Life Estates — Large-Scale or Small-Scale Agriculture Designations 350–081–0220
Approval Criteria for Specified Review Uses on Lands Designated Large-Scale or Small-Scale Agriculture 350–081–0230
Uses Allowed Outright for Lands Designated Agriculture — Special 350–081–0231
Uses Allowed through the Expedited Development Review Process — Agriculture-Special 350–081–0232
Review Uses for Lands Designated Agriculture-Special 350–081–0234
Approval Criteria for Review Uses on Lands Designated Agriculture-Special 350–081–0236
Uses Prohibited on Lands Designated Agriculture-Special 350–081–0240
Range Conservation Plans 350–081–0250
Forest Land Designations 350–081–0260
Uses Allowed Outright — Forest Land 350–081–0262
Uses Allowed through the Expedited Development Review Process — Forest Land 350–081–0270
Review Uses — Forest Land 350–081–0280
Review Uses with Additional Approval Criteria — Commercial Forest Land, or Large or Small Woodland Designations 350–081–0290
Approval Criteria for Specified Review Uses on Lands Designated Commercial Forest Land or Large or Small Woodland 350–081–0300
Approval Criteria for Fire Protection in GMA Forest Designations 350–081–0310
Approval Criteria for Siting of Dwellings on Forest Land in the GMA 350–081–0320
Approval Criteria for Life Estates in Commercial Forest Land or Small or Large Woodland 350–081–0330
Open Space Designations 350–081–0335
Uses Allowed Outright — Open Space 350–081–0338
Uses Allowed through the Expedited Development Review Process — Open Space 350–081–0340
Review Uses — Open Space 350–081–0350
Residential Land Designations 350–081–0360
Uses Allowed Outright — Residential Land 350–081–0365
Uses Allowed through the Expedited Development Review Process — Residential Land 350–081–0370
Review Uses — Residential Land 350–081–0380
Review Uses with Additional Approval Criteria — Residential Land 350–081–0390
Approval Criteria for Specified Review Uses on Lands Designated Residential 350–081–0400
Rural Center 350–081–0410
Uses Allowed Outright — Rural Center 350–081–0415
Uses Allowed through the Expedited Development Review Process — Rural Center 350–081–0420
Review Uses — Rural Center 350–081–0430
Commercial Land 350–081–0440
Uses Allowed Outright — Commercial Designations 350–081–0445
Uses Allowed through the Expedited Development Review Process — Commercial Designations 350–081–0450
Review Uses — Commercial Designations 350–081–0460
Approval Criteria for Review Uses on Lands Designated on Lands Designated Commercial 350–081–0470
Recreation 350–081–0480
Uses Allowed Outright — Public Recreation and Commercial Recreation 350–081–0485
Uses Allowed through the Expedited Development Review Process — Public Recreation and Commercial Recreation 350–081–0490
Review Uses — Public Recreation and Commercial Recreation 350–081–0500
Approval Criteria for Non-Recreation Uses in GMA-Public Recreation Designations 350–081–0510
Approval Criteria for Non-Recreation Uses in GMA-Commercial Recreation Designations 350–081–0520
General Management Area Scenic Review Criteria 350–081–0530
Special Management Area Scenic Review Criteria 350–081–0540
General Management Area Cultural Resource Review Criteria 350–081–0550
Special Management Area Cultural Resource Review Criteria 350–081–0560
General Management Area Wetland Review Criteria 350–081–0570
General Management Area Stream, Pond, Lake and Riparian Area Review Criteria 350–081–0580
General Management Area Sensitive Wildlife Review Criteria 350–081–0590
General Management Areas Rare Plant Review Criteria 350–081–0600
Special Management Areas Natural Resource Review Criteria 350–081–0610
General Management Areas Recreation Resource Review Criteria 350–081–0620
Special Management Area Recreation Resource Review Criteria 350–081–0630
Notice of Application Requirements
Last Updated

Jun. 8, 2021

Rule 350-081-0052’s source at or​.us