OAR 350-081-0340
Review Uses — Open Space

(1)

The following uses may be allowed on all lands designated GMA-Open Space subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 (General Management Area Scenic Review Criteria)–350-081-0620 (Special Management Area Recreation Resource Review Criteria)):

(a)

Low-intensity recreation, subject to the guidelines for recreation intensity classes (350-081-0610 (General Management Areas Recreation Resource Review Criteria)).

(b)

Land divisions to facilitate efforts to protect and enhance scenic, cultural, natural, or recreation resources.

(c)

Repair, maintenance, operation, and improvement 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)

(f)

Removal/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 the guidelines in “Lot Line Adjustments” (350-081-0126 (Lot Line Adjustments)).

(2)

Review Uses — Specific Lands Designated Open Space:

(a)

The following uses may be allowed on lands designated GMA-Open Space for Gorge Walls and Canyonlands subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 (General Management Area Scenic Review Criteria)–350-081-0620 (Special Management Area Recreation Resource Review Criteria)):

(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 “All Lands Designated Open Space”.

(b)

The following uses may be allowed on lands designated GMA-Open Space for the Mosley Lakes Natural Area subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 (General Management Area Scenic Review Criteria)–350-081-0620 (Special Management Area Recreation Resource Review Criteria)):

(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 “All Lands Designated Open Space”.

(c)

The following uses may be allowed on lands designated GMA-Open Space for the Chenoweth Table Natural Area subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 (General Management Area Scenic Review Criteria)–350-081-0620 (Special Management Area Recreation Resource Review Criteria)):

(A)

Low-intensity recreation, subject to the guidelines for recreation intensity classes (350-081-0610 (General Management Areas Recreation Resource Review Criteria)), after consultation with the Oregon Natural Heritage Program.

(B)

Wildlife management uses conducted by federal, state, or tribal resource agencies, after consultation with the Oregon Natural Heritage Program.

(C)

Educational or scientific research, after consultation with the Oregon Natural Heritage Program.

(D)

All those uses allowed in “All Lands Designated Open Space”.

(d)

The following uses may be allowed on lands designated GMA-Open Space for the Squally Point Natural Area subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 (General Management Area Scenic Review Criteria)–350-081-0620 (Special Management Area Recreation Resource Review Criteria)):

(A)

Except in the upland dunes south of the railroad tracks, low-intensity recreation, subject to the guidelines for recreation intensity classes (350-081-0610 (General Management Areas Recreation Resource Review Criteria)) after consultation with the Oregon Natural Heritage Program.

(B)

Repair and maintenance of railroads, except measures to stabilize dunes, after consultation with the Oregon Natural Heritage Program.

(C)

Except as limited by (d)(A), above, all those uses allowed in “All Lands Designated Open Space”.

(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 guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 (General Management Area Scenic Review Criteria)–350-081-0620 (Special Management Area Recreation Resource Review Criteria)):

(A)

(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 “All Lands Designated Open Space”.

(f)

The following uses may be allowed on lands designated GMA-Open Space for the Balch Lake Wetlands Area subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 (General Management Area Scenic Review Criteria)–350-081-0620 (Special Management Area Recreation Resource Review Criteria)):

(A)

Livestock grazing, subject to a range conservation plan, after consultation with the Washington Department of Fish and 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 Fish and Wildlife.

(D)

Low-intensity recreation, subject to the guidelines for recreation intensity classes (350-081-0610 (General Management Areas Recreation Resource Review Criteria)) after consultation with the Washington Department of Fish and Wildlife.

(E)

All those uses allowed in “All Lands Designated Open Space”.

(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 guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 (General Management Area Scenic Review Criteria)–350-081-0620 (Special Management Area Recreation Resource Review Criteria)):

(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 Fish and Wildlife.

(E)

Commercial fishing and trapping.

(F)

Low-intensity recreation, subject to the guidelines for recreation intensity classes (Part I, Chapter 4: Recreation Resources), after consultation with the Washington Department of Fish and Wildlife.

(G)

All those uses allowed in “All Lands Designated Open Space”.

(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 guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 (General Management Area Scenic Review Criteria)–350-081-0620 (Special Management Area Recreation Resource Review Criteria)):

(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 “All Lands Designated Open Space”.

(3)

The following new uses may be allowed on lands designated SMA-Open Space subject to review for compliance with scenic, cultural, natural, and recreational resources guidelines (350-081-0520 (General Management Area Scenic Review Criteria)–350-081-0620 (Special Management Area Recreation Resource Review Criteria)):

(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 and/or natural resources, subject to the guidelines in “Resource Enhancement Projects” (350-081-0104 (Resource Enhancement Projects)). These projects may include vegetation management and forest practices (subject to the forest practice guidelines of 350-081-0270 (Review Uses — Forest Land)(2)(y) for the restoration of forest health, new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(c)

Low-intensity recreation uses and developments, including educational and interpretive facilities, consistent with 350-081-0620 (Special Management Area Recreation Resource Review Criteria).

(d)

Utility facilities for public service, upon a showing that:

(A)

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

(B)

The size is the minimum necessary to provide the service.

(e)

Removal/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:

(A)

Noxious weed infestation is new and eradication is still viable.

(B)

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;

(iv)

Limitation of recreational uses.

(C)

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

(4)

An Open Space plan shall be completed by the primary managing agency or landowner prior to any new land uses or development on lands designated SMA-Open Space, 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.

Source: Rule 350-081-0340 — Review Uses — Open Space, https://secure.sos.state.or.us/oard/view.action?ruleNumber=350-081-0340.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 350-081-0340 Review Uses — Open Space

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OAR 350-081-0340
Review Uses — Open Space