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.