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)

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 new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(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)

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 Natural Heritage Program and Washington Department of Fish and Wildlife.

(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.

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 350-081-0340’s source at or​.us