OAR 660-006-0025
Uses Authorized in Forest Zones
(1)
Goal 4 requires that forest land be conserved. Forest lands are conserved by adopting and applying comprehensive plan provisions and zoning regulations consistent with the goals and this rule. In addition to forest practices and operations and uses auxiliary to forest practices, as set forth in ORS 527.722 (Restrictions on local government adoption of rules regulating forest operations), the Commission has determined that five general types of uses, as set forth in the goal, may be allowed in the forest environment, subject to the standards in the goal and in this rule. These general types of uses are:(a)
Uses related to and in support of forest operations;(b)
Uses to conserve soil, air and water quality and to provide for fish and wildlife resources, agriculture and recreational opportunities appropriate in a forest environment;(c)
Locationally-dependent uses, such as communication towers, mineral and aggregate resources, etc;(d)
Dwellings authorized by ORS 215.705 (Dwellings in farm or forest zone) to 215.757 (Accessory dwellings supporting family forestry) (ORS 215.757 (Accessory dwellings supporting family forestry)); and(e)
Other dwellings under prescribed conditions.(2)
The following uses pursuant to the Forest Practices Act (ORS chapter 527) and Goal 4 shall be allowed in forest zones:(a)
Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals, and disposal of slash;(b)
Temporary on-site structures that are auxiliary to and used during the term of a particular forest operation;(c)
Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities; and(d)
For the purposes of section (2) of this rule “auxiliary” means a use or alteration of a structure or land that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, temporary in nature, and is not designed to remain for the forest’s entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded.(3)
The following uses may be allowed outright on forest lands:(a)
Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources;(b)
Farm use as defined in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones);(c)
Local distribution lines (e.g., electric, telephone, natural gas) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that provides service hookups, including water service hookups;(d)
Temporary portable facility for the primary processing of forest products;(e)
Exploration for mineral and aggregate resources as defined in ORS chapter 517;(f)
Private hunting and fishing operations without any lodging accommodations;(g)
Towers and fire stations for forest fire protection;(h)
Widening of roads within existing rights-of-way in conformance with the transportation element of acknowledged comprehensive plans and public road and highway projects as described in ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993)(1) and 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties)(1);(i)
Water intake facilities, canals and distribution lines for farm irrigation and ponds;(j)
Caretaker residences for public parks and public fish hatcheries;(k)
Uninhabitable structures accessory to fish and wildlife enhancement;(l)
Temporary forest labor camps;(m)
Exploration for and production of geothermal, gas, oil, and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head;(n)
Destination resorts reviewed and approved pursuant to ORS 197.435 (Definitions for ORS 197.435 to 197.467) to 197.467 (Conservation easement to protect resource site) and Goal 8;(o)
Alteration, restoration or replacement of a lawfully established dwelling that:(A)
Has intact exterior walls and roof structures;(B)
Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;(C)
Has interior wiring for interior lights;(D)
Has a heating system; and(E)
In the case of replacement, is removed, demolished or converted to an allowable nonresidential use within three months of the completion of the replacement dwelling;(p)
An outdoor mass gathering as defined in ORS 433.735 (Definitions for ORS 433.735 to 433.770), subject to the provisions of ORS 433.735 (Definitions for ORS 433.735 to 433.770) to 433.770 (Enforcement);(q)
Dump truck parking as provided in ORS 215.311 (Log truck parking in exclusive farm use zones); and(r)
An agricultural building, as defined in ORS 455.315 (Exemption of agricultural buildings, agricultural grading and equine facilities), customarily provided in conjunction with farm use or forest use. A person may not convert an agricultural building authorized by this section to another use.(4)
The following uses may be allowed on forest lands subject to the review standards in section (5) of this rule:(a)
Permanent facility for the primary processing of forest products that is:(A)
Located in a building or buildings that do not exceed 10,000 square feet in total floor area, or an outdoor area that does not exceed one acre excluding laydown and storage yards, or a proportionate combination of indoor and outdoor areas; and(B)
Adequately separated from surrounding properties to reasonably mitigate noise, odor and other impacts generated by the facility that adversely affect forest management and other existing uses, as determined by the governing body;(b)
Permanent logging equipment repair and storage;(c)
Log scaling and weigh stations;(d)
Disposal site for solid waste approved by the governing body of a city or county or both and for which the Oregon Department of Environmental Quality has granted a permit under ORS 459.245 (Issuance of permits), together with equipment, facilities or buildings necessary for its operation;(e)
Intentionally left blank —Ed.(A)
Private parks and campgrounds. Campgrounds in private parks shall only be those allowed by this subsection. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 (Goal exceptions) and OAR chapter 660, division 4. A campground is an area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites. Campsites may be occupied by a tent, travel trailer or recreational vehicle. Separate sewer, water or electric service hook-ups shall not be provided to individual camp sites. Campgrounds authorized by this rule shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a camper or camper’s vehicle shall not exceed a total of 30 days during any consecutive six-month period.(B)
Campsites may be occupied by a tent, travel trailer, yurt or recreational vehicle. Separate sewer, water or electric service hook-ups shall not be provided to individual camp sites except that electrical service may be provided to yurts allowed for by paragraph (4)(e)(C) of this rule.(C)
Subject to the approval of the county governing body or its designee, a private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation. Upon request of a county governing body, the Commission may provide by rule for an increase in the number of yurts allowed on all or a portion of the campgrounds in a county if the Commission determines that the increase will comply with the standards described in ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones)(1). As used in this rule, “yurt” means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up or internal cooking appliance.(f)
Public parks including only those uses specified under OAR 660-034-0035 (Park Uses On Agricultural and Forest Land) or 660-034-0040 (Planning for Local Parks), whichever is applicable;(g)
Mining and processing of oil, gas, or other subsurface resources, as defined in ORS chapter 520, and not otherwise permitted under subsection (3)(m) of this rule (e.g., compressors, separators and storage serving multiple wells), and mining and processing of aggregate and mineral resources as defined in ORS chapter 517;(h)
Television, microwave and radio communication facilities and transmission towers;(i)
Fire stations for rural fire protection;(j)
Commercial utility facilities for the purpose of generating power. A power generation facility shall not preclude more than 10 acres from use as a commercial forest operation unless an exception is taken pursuant to OAR chapter 660, division 4;(k)
Aids to navigation and aviation;(l)
Water intake facilities, related treatment facilities, pumping stations, and distribution lines;(m)
Reservoirs and water impoundments;(n)
Firearms training facility as provided in ORS 197.770 (Firearms training facilities)(2);(o)
Cemeteries;(p)
Private seasonal accommodations for fee hunting operations may be allowed subject to section (5) of this rule, OAR 660-006-0029 (Siting Standards for Dwellings and Structures in Forest Zones), and 660-006-0035 (Fire-Siting Standards for Dwellings and Structures) and the following requirements:(A)
Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code;(B)
Only minor incidental and accessory retail sales are permitted;(C)
Accommodations are occupied temporarily for the purpose of hunting during either or both game bird or big game hunting seasons authorized by the Oregon Fish and Wildlife Commission; and(D)
A governing body may impose other appropriate conditions.(q)
New electric transmission lines with right of way widths of up to 100 feet as specified in ORS 772.210 (Right of entry and condemnation of lands for construction of service facilities). New distribution lines (e.g., gas, oil, geothermal, telephone, fiber optic cable) with rights-of-way 50 feet or less in width;(r)
Temporary asphalt and concrete batch plants as accessory uses to specific highway projects;(s)
Home occupations as defined in ORS 215.448 (Home occupations);(t)
A manufactured dwelling or recreational vehicle, or the temporary residential use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative as defined in ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) and 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties). The manufactured dwelling shall use the same subsurface sewage disposal system used by the existing dwelling, if that disposal system is adequate to accommodate the additional dwelling. If the manufactured dwelling will use a public sanitary sewer system, such condition will not be required. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. A temporary residence approved under this subsection is not eligible for replacement under subsection (3)(o) of this rule. Governing bodies every two years shall review the permit authorizing such mobile homes. When the hardships end, governing bodies or their designate shall require the removal of such mobile homes. Oregon Department of Environmental Quality review and removal requirements also apply to such mobile homes. As used in this section, “hardship” means a medical hardship or hardship for the care of an aged or infirm person or persons;(u)
Expansion of existing airports;(v)
Public road and highway projects as described in ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993)(2)(p) through (r) and (10) and 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties)(2)(q) through (s) and (3);(w)
Private accommodations for fishing occupied on a temporary basis may be allowed subject to section (5) of this rule, OAR 600-060-0029 and 660-006-0035 (Fire-Siting Standards for Dwellings and Structures) and the following requirements:(A)
Accommodations limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code;(B)
Only minor incidental and accessory retail sales are permitted;(C)
Accommodations occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission;(D)
Accommodations must be located within 1⁄4 mile of fish-bearing Class I waters; and(E)
A governing body may impose other appropriate conditions.(x)
Forest management research and experimentation facilities as defined by ORS 526.215 (Oregon State University research and experimentation programs) or where accessory to forest operations; and(y)
An outdoor mass gathering:(A)
Of more than 3,000 persons, any part of which is held outdoors and which continues or can reasonably be expected to continue for a period exceeding that allowable for an outdoor mass gathering as defined in ORS 433.735 (Definitions for ORS 433.735 to 433.770). In addition to the review standards in section (5) of this rule, the county must make findings required by ORS 433.763 (Application for outdoor mass gathering for which county decides land use permit is required)(l)(c).(B)
As defined by ORS 433.735 (Definitions for ORS 433.735 to 433.770), for which a county decides that a land use permit is required. In addition to findings required by ORS 433.763 (Application for outdoor mass gathering for which county decides land use permit is required)(1), a county may, when determining review standards, include all, some, or none of the review standards in section (5) of this rule.(z)
Storage structures for emergency supplies to serve communities and households that are located in tsunami inundation zones, if:(A)
Areas within an urban growth boundary cannot reasonably accommodate the structures;(B)
The structures are located outside tsunami inundation zones and consistent with evacuation maps prepared by Department of Geology and Mineral Industries (DOGAMI) or the local jurisdiction;(C)
Sites where the structures could be co-located with an existing use approved under this section are given preference for consideration;(D)
The structures are of a number and size no greater than necessary to accommodate the anticipated emergency needs of the population to be served;(E)
The structures are managed by a local government entity for the single purpose of providing for the temporary emergency support needs of the public; and(F)
Written notification has been provided to the County Office of Emergency Management of the application for the storage structures.(5)
A use authorized by section (4) of this rule may be allowed provided the following requirements or their equivalent are met. These requirements are designed to make the use compatible with forest operations and agriculture and to conserve values found on forest lands:(a)
The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands;(b)
The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs or significantly increase risks to fire suppression personnel; and(c)
A written statement recorded with the deed or written contract with the county or its equivalent is obtained from the land owner that recognizes the rights of adjacent and nearby land owners to conduct forest operations consistent with the Forest Practices Act and Rules for uses authorized in subsections (4)(e), (m), (s), (t) and (w) of this rule.(6)
Nothing in this rule relieves governing bodies from complying with other requirement contained in the comprehensive plan or implementing ordinances such as the requirements addressing other resource values (e.g., Goal 5) that exist on forest lands.
Source:
Rule 660-006-0025 — Uses Authorized in Forest Zones, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-006-0025.