Or. Admin. Code § 350-082-0300 - Uses Allowed on Lands Designated SMA Open Space
(1) Uses Allowed Outright. The uses listed in
350-082-0210(2)
are allowed without review on lands designated SMA Open Space.
(2) Expedited Uses. The uses listed in
350-082-0220(1)
may be allowed subject to compliance with the expedited development review
guidelines in 350-082-0220(2)
on lands designated SMA Open Space.
(3) Review Uses on All Lands Designated SMA
Open Space.
(a) The following uses may be
allowed on all lands designated SMA Open Space subject to compliance with
350-0820600 through 350-082-0720 and completion of
an SMA Open Space Plan pursuant to subsection (b) below:
(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 or natural resources, subject
to compliance with 350-082-0460. These projects may
include vegetation management and forest practices (subject to the forest
practice guidelines of
350-082-0280) for the
restoration of forest health, new structures (e.g., fish ladders, sediment
barriers), or activities (e.g., closing and revegetating unused roads,
recontouring abandoned quarries).
(C) Low-intensity recreation uses and
development, including educational and interpretive facilities, consistent with
350-082-0710(2)(b).
(D) Utility facilities for public service,
upon a showing that:
(i) There is no
alternative location with less adverse effect on Open Space land.
(ii) The size is the minimum necessary to
provide the service.
(E)
Removal or 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:
(i) Noxious weed
infestation is new and eradication is still viable.
(ii) 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; or
(IV) Limitation of recreational
uses.
(iii) For federal
lands, treatment effects have been thoroughly evaluated in an environmental
assessment.
(b)
An Open Space plan shall be completed by the primary managing agency or
landowner prior to any new land uses or development, 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.
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