Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0280 - Uses Allowed on Lands Designated SMA Forest

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Uses Allowed Outright. The uses listed in 350-082-0210(1)  are allowed without
			 review on lands designated SMA Forest.
(2) Expedited Uses. The uses listed in
			 350-082-0220(1)  may be allowed subject to compliance with 350-082-0220(2)  on
			 lands designated SMA Forest.
(3)
			 Review Uses. The following uses may be allowed on lands designated SMA Forest
			 subject to compliance with 350082-0600 through 350-082-0720. The use or
			 development shall be sited to minimize the loss of land suitable for the
			 production of forest products:
(a) All review
			 uses allowed for in 350-082-0260.
(b) New cultivation or new agricultural use
			 outside of previously disturbed and regularly worked fields or areas. Clearing
			 trees for new agricultural use is subject to the additional requirements of
			 subsection (3)(w) below.
(c)
			 Railroad and road construction or reconstruction.
(d) Exploration, development, and production
			 of sand, gravel, or crushed rock for the construction, maintenance, or
			 reconstruction of roads used to manage or harvest commercial forest products in
			 the SMAs.
(e) Silvicultural
			 nurseries.
(f) Utility facilities
			 for public service, upon a showing that:
(A)
			 There is no alternative location with less adverse effect on Forest Land.;
			 and
(B) The size is the minimum
			 necessary to provide the service.
(g) Resource enhancement projects for the
			 purpose of enhancing scenic, cultural, recreation and natural resources,
			 subject to compliance with 350-082-0460. These projects may include new
			 structures (e.g., fish ladders, sediment barriers), or activities (e.g.,
			 closing and revegetating unused roads, recontouring abandoned
			 quarries).
(h) Fish hatcheries and
			 aquaculture facilities.
(i) Public
			 recreation, commercial recreation, interpretive and educational development,
			 and uses consistent with the provisions of 350-082-0710.
(j) One single family dwelling on a parcel of
			 40 contiguous acres or larger if an approved forest management plan
			 demonstrates that such a dwelling is necessary for and accessory to forest
			 uses. The forest management plan shall demonstrate all the following:
(A) The dwelling will contribute
			 substantially to the growing, propagation, and harvesting of trees. The
			 principal purpose for allowing a dwelling on forest lands is to enable the
			 resident to conduct efficient and effective management. This requirement
			 indicates a relationship between ongoing forest management and the need for a
			 dwelling on the subject property.
(B) The subject parcel is enrolled in the
			 appropriate state's forest assessment program.
(C) A plan for management of the parcel has
			 been approved by the Oregon Department of Forestry or the Washington Department
			 of Natural Resources and the appropriate county. The plan must indicate the
			 condition and productivity of lands to be managed; the operations the owner
			 will carry out (thinning, harvest, planting, etc.); a chronological description
			 of when the operations will occur; estimates of yield, labor, and expenses; and
			 how the dwelling will contribute toward the successful management of the
			 property.
(D) The parcel has no
			 other dwellings that are vacant or currently occupied by persons not engaged in
			 forest management of the subject parcel.
(E) The dwelling complies with county
			 dwelling, siting, and state and county fire protection guidelines.
(F) A declaration is signed by the landowner
			 and recorded into county deeds and records specifying that the owners,
			 successors, heirs, and assigns of the subject property are aware that adjacent
			 and nearby operations are entitled to carry on accepted agricultural or forest
			 practices.
(k) Accessory
			 structures for an existing or approved dwelling that are not otherwise allowed
			 outright, eligible for the expedited development review process, or allowed in
			 subsection (l) or (m), below.
(l)
			 Accessory building(s) larger than 200 square feet in area or taller than ten
			 feet in height for a dwelling on any legal parcel less than or equal to ten
			 acres in size are subject to the following additional standards:
(A) The combined footprints of all accessory
			 buildings on a single parcel shall not exceed 1,500 square feet in area. This
			 combined size limit refers to all accessory buildings on a parcel, including
			 buildings allowed without review, existing buildings and proposed
			 buildings.
(B) The height of any
			 individual accessory building shall not exceed 24 feet.
(m) Accessory building(s) larger than 200
			 square feet in area or taller than ten feet in height for a dwelling on any
			 legal parcel larger than ten acres in size are subject to the following
			 additional standards:
(A) The combined
			 footprints of all accessory buildings on a single parcel shall not exceed 2,500
			 square feet in area. This combined size limit refers to all accessory buildings
			 on a parcel, including buildings allowed without review, existing buildings and
			 proposed buildings.
(B) The
			 footprint of any individual accessory building shall not exceed 1,500 square
			 feet.
(C) The height of any
			 individual accessory building shall not exceed 24 feet.
(n) Home occupations, subject to compliance
			 with 350-082-0420.
(o) Temporary
			 portable facilities for the processing of forest products.
(p) Towers and fire stations for forest fire
			 protection.
(q) Community
			 facilities and nonprofit facilities related to forest resource management; or
			 expansion of existing nonprofit group camps, retreats, or conference or
			 education centers, necessary for the successful operation of the facility on
			 the dedicated site. Expansion beyond the dedicated site shall be
			 prohibited.
(r) On a parcel of 40
			 acres or greater with an existing dwelling, the temporary use of a manufactured
			 home or dwelling structure in the case of a family hardship, subject to
			 compliance with 350-082-0390.
(s)
			 Additions to existing buildings greater than 200 square feet in area or greater
			 than the height of the existing building.
(t) Docks and boathouses, subject to
			 compliance with 350-082-0410.
(u)
			 Removal or demolition of structures that are 50 or more years old, including
			 wells, septic tanks and fuel tanks.
(v) Disposal sites managed and operated by
			 the Oregon Department of Transportation, the Washington State Department of
			 Transportation, or a National Scenic Area county public works department for
			 earth materials and any intermixed vegetation generated by routine or
			 emergency/disaster public road maintenance activities within the National
			 Scenic Area, subject to compliance with 350-082-0470.
(w) Clearing trees for new agricultural use
			 with the following steps and subject to the following additional guidelines:
(A) A Stewardship Plan shall be submitted and
			 deemed complete by the Executive Director and submitted to the Forest Service
			 for review. 350-082-0280(3)(x)(C).
(B) Clearing trees for new agricultural use
			 shall be limited to 15 acres.
(C)
			 If the Stewardship Plan proves that the above guideline is detrimental to the
			 proposed agricultural use, the final size of the clearing shall be determined
			 by the application of subsection (D) below and subject to subsection (I)
			 below.
(D) After a 30-day public
			 comment period, the Forest Service shall review the Stewardship Plan using the
			 following criteria:
(i) Scenic Resource
			 guidelines in 350-082-0280(3)(x)(D)(i) and (iv).
(ii) Applicable guidelines of 350-082-0630,
			 350-082-0670  through 350-082-0690, and 350-082-0710  through
			 350082-0720.
(iii) The Natural
			 Resource Conservation Service (NRCS) soil unit description shall indicate that
			 soils are suitable for the proposed agricultural use. The woodland management
			 tables shall be used as part of the analysis of suitability for both
			 agricultural and forest uses.
(iv)
			 The size, shape and pattern on the landscape of the clearing for the new
			 agricultural use shall blend with the surrounding landscape pattern either
			 because the existing pattern includes agricultural openings or because the new
			 agricultural opening is designed to appear natural.
(E) The Forest Service shall send the review
			 statement to the Executive Director. The Forest Service shall state whether the
			 new agricultural use should proceed including any conditions that are
			 recommended to be required by the county.
(F) The Executive Director will accept an
			 application for new agricultural use on forested lands after receipt of a
			 positive review statement from the Forest Service.
(G) The forest practice portion of the new
			 agricultural use shall not be approved by the state forestry department until a
			 decision on the new agricultural use is issued by the Executive
			 Director.
(H) The new agricultural
			 use shall be operational within two years of the time frame described in the
			 approved Stewardship Plan.
(I) New
			 agricultural uses with an approved Stewardship Plan requiring more than 15
			 acres shall attain the final approved size sequentially. After the first 15
			 cleared acres is operational, each subsequent clearing shall not occur until
			 the previous clearing is operational.
(x) Forest practices in accordance with an
			 approved forest practices application and subject to the additional guidelines
			 in 350-082-0280.
(A) The following
			 information, in addition to general site plan requirements in 350-082-0080  shall be required:
(i) Delineate the following
			 on a recent aerial photo or detailed map:
(I)
			 The size, shape, and exact location of the proposed treatment area including
			 any clumps of leave trees to remain. If more than one silvicultural
			 prescription is to be used, code each on the photo;
(II) Other important natural features of the
			 subject parcel such as steep areas, streams, wetlands, rock outcrops,
			 etc.;
(III) Road and structure
			 construction or reconstruction location;
(IV) Location of proposed rock or aggregate
			 sources;
(V) Major skid trails,
			 landings, and yarding corridors
(VI) Commercial firewood cutting areas.;
			 and
(VII) Protection measures for
			 scenic, cultural, natural, and recreation resources, such as road
			 closures.
(ii) Describe
			 the existing forest in terms of species, ages, sizes, landscape pattern
			 (including how it fits into the surrounding landscape pattern) and canopy
			 closure for all canopy layers.
(iii) Describe how the forest practice will
			 fit into the existing landscape pattern and how it will meet scenic and natural
			 resource standards in 350-082-0280(3)(x)(D) and (E).
(iv) Written silvicultural prescriptions with
			 projected post-treatment forest condition specified in terms of species, ages,
			 sizes, landscape pattern (including how it fits into the surrounding landscape
			 pattern) and canopy closure for all canopy layers.
(v) Road and structure construction or
			 reconstruction design.
(vi)
			 Existing and proposed rock pit development plans.
(vii) A discussion of slash disposal
			 methods.
(viii) A reforestation
			 plan as reviewed by the appropriate state forest practices agency.
(B) As part of the application,
			 flag, stake or mark buffers, any trees or downed wood to be retained or removed
			 (whichever makes the most sense), and areas for placing fill or removing
			 material in preparation for a field visit by the reviewer.
(C) Stewardship Plan Requirements: The
			 following information, in addition to the applicable portions of the forest
			 practice application requirements above and general site plan requirements in
			 350-082-0080  shall be provided:
(i) Outline
			 the long term goals, proposed operations, and future sustainability of the
			 subject parcel.
(ii) Describe the
			 time frame and steps planned to reach the long term goals.
(iii) For Forest Practices, describe how the
			 proposed activities fit into the long term goals and sustainability of the
			 parcel or forest health. The following shall be addressed:
(I) Describe the range of natural conditions
			 expected in the forest in terms of tree species, structure, and landscape
			 pattern.
(II) Describe what the
			 resulting tree species, structure, and landscape pattern will be after the
			 proposed activities.
(III) Give a
			 clear explanation of how a deviation from the applicable guidelines may better
			 achieve forest health objectives.
(IV) Give a clear explanation of how and why
			 the proposed activities will move the forest towards its range of natural
			 variability and result in reaching sustainability, resiliency to
			 disturbances.
(iv) For
			 clearing trees for new agricultural use, the following shall be addressed in
			 addition to 350-082-0280(3)(x)(C)(i) and (ii)  above:
(I) Submit NRCS soil unit description and map
			 for each soil unit affected by the proposed clearing or treatment.
(II) Based on the needs of the operation,
			 give a clear explanation as to the exact size of the clearing needed and how it
			 will meet the natural and scenic requirements in 350-082-0280(3)(x)(D)(i)
			 through (iv).
(III) Describe in
			 sufficient detail for evaluation the proposed agricultural use, the
			 improvements needed on the parcel, timeline for its establishment, and its
			 marketability.
(IV) Show evidence
			 that an agricultural specialist, such as the county extension agent, has
			 examined and found the proposed agricultural use reasonable and
			 viable.
(D) For
			 forest practices, the following scenic resource guidelines shall apply:
(i) Forest practices shall meet the design
			 guidelines and the scenic standard for the applicable landscape setting and
			 land use designation in 350-082-0610  Table 1 - Required SMA Scenic
			 Standards.
(ii) In the western
			 portion (to White Salmon River) of the SMA Coniferous Woodland Landscape
			 Setting, no more than 8% of the composite KVA viewshed from which the forest
			 practice is topographically visible shall be in created forest openings at one
			 time. The viewshed boundaries shall be delineated by the Forest Service. The
			 Forest Service will also help (as available) in calculating and delineating the
			 percentage of the composite KVA viewshed which maybe created in forest openings
			 at one time.
(iii) In the western
			 portion (to the White Salmon River) of the SMA Gorge Walls, Canyons and
			 Wildlands Landscape Setting, no more than 4% of the composite KVA viewshed from
			 which the forest practice is topographically visible shall be in created forest
			 openings at one time. The viewshed boundaries shall be delineated by the Forest
			 Service. The Forest Service will also help (as available) in calculating and
			 delineating the percentage of the composite KVA viewshed which maybe created in
			 forest openings at one time.
(iv)
			 For all other landscape settings, created forest openings visible at one time
			 shall be within the desired range for the vegetation type as set forth in
			 Natural Resources guidelines in 350-082-0280(3)(x)(E)(i)  through
			 (iii).
(v) Size, shape, and
			 dispersal of created forest openings shall maintain the desired natural
			 patterns in the landscape as set forth in Natural Resources guidelines in
			 350-082-0280(3)(x)(E)(i)  through (iii).
(vi) The maximum size of any created forest
			 opening is set forth by the "Desired" vegetation type in 350-082-0280  Table 1 -
			 Desired Forest Structure and Pattern.
(I) If
			 the treatment is proposed to go beyond the above guideline based on forest
			 health or ecosystem function requirements, a Stewardship Plan shall be
			 required.
(II) If the Stewardship
			 Plan proves that the above guideline is detrimental to either forest health or
			 ecosystem function, the size of the created forest opening shall be within the
			 natural range for the vegetation type as listed in 350-082-0280  Table 1 -
			 Desired Forest Structure and Pattern for each vegetation type, shall not mimic
			 catastrophic fires, and shall maintain scenic standards.
(vii) Created forest openings shall not
			 create a break or opening in the vegetation in the skyline as viewed from
			 KVAs.
(E) Forest
			 practices shall maintain the following in addition to applicable natural
			 resources guidelines in 350-082-0670  through 350-082-0690
(i) Silvicultural prescriptions shall
			 maintain the desired natural forest stand structures (tree species, spacing,
			 layering, and mixture of sizes) based on forest health and ecosystem function
			 requirements. Forest tree stand structure shall meet the requirements listed in
			 350-082-0280  Table 1 - Desired Forest Structure and Pattern for each vegetation
			 type. Forest tree stand structure is defined as the general structure of the
			 forest in each vegetation type within which is found forest openings.
(ii) Created forest openings shall be
			 designed as mosaics not to exceed the limits defined as desired in 350-082-0280  Table 1 - Desired Forest Structure and Pattern unless proposed as a deviation
			 as allowed under the scenic resource guideline in
			 350-082-0280(3)(x)(D)(vi).
(iii)
			 Snag and down wood requirements shall be maintained or created as listed in
			 350-082-0280  Table 1 - Desired Forest Structure and Pattern for each vegetation
			 type.
(iv) If the treatment is
			 proposed to deviate from the snag and down wood requirements based on forest
			 health or ecosystem function requirements, a Stewardship Plan shall demonstrate
			 and prove why a deviation from the snag and down wood requirements is required.
350-082-0280  Table 1 - Desired
							 Forest Structure and Pattern
Vegetation
							 Type
1
Forest
Structure
(Average % total canopy closure (cc) 
							 2
Typical Forest Openings
							 Size
(Disturbance caused)
Percent Openings at One
							 Time
Leave Trees
Includes all available remnant old
							 forest
Average Down Wood
Pieces 30 ft long per acre
							 (scattered)
Average Snags
Number of conifers per acre Snags are
							 20-40 ft in height
Historic
							 (Natural)
Desired
Historic
							 (Natural)
Desired
West Conifer
60-80% canopy closure Understory layer variable
							 (0-60% of total cc)
Variable sizes with mosaic pattern, irregular shapes
							 Mosaic fire 1-100 acres Catastrophic fire over 100 acres
Retain forested character Allow openings up to 15
							 acres (up to 5 acres in the foreground of KVAs)
All openings 1 acre or less on National Forest land
							 and all Open Space LUD Openings retain 1540% canopy closure
10% (mosaic fire) up to 55% (catastrophic
							 fire)
Intense fire return interval is 300
							 years
Not to exceed 8% for West Coniferous Woodland
							 Landscape Setting and not to exceed 4% for Gorge Walls, Canyons and Wildlands
							 Landscape Setting Widely dispersed, variable sized mosaic of irregular shapes
							 blending with existing openings
Leave 15% of existing trees per acre throughout
							 opening and in clumps.
Include 3 trees per acre of the largest size trees
							 available
18-25 pieces greater than 20" diameter at breast
							 height (dbh)
10 snags at 10"-20" diameter at breast height (dbh),
							 and 7 snags greater than 20" dbh
East Conifer
(Ponderosa Pine/Douglas fir)
40-80% canopy closure Understory layer less than 25%
							 of total cc
Few openings due to low intensity fires
1/4 to 2 acres
Openings less than 1 acre Openings have 0-40% canopy
							 closure Openings widely dispersed
1-10%
1-10% (% by vegetation type)
No leave trees required
3-6 pieces greater than 20" dbh
5 snags at 10"-20" dbh and 3 snags greater than 20"
							 dbh
Ponderosa Pine/ Oregon Oak
25-60% canopy closure Understory layer greater than
							 25% of total cc.
Most natural openings due to poor soil.
Disturbance openings few
Openings less than 1 acre Openings have 0-25% canopy
							 closure Openings widely dispersed
1-10%
1-10% (% by vegetation type)
No leave trees required
1-3 pieces greater than 20" dbh
5 snags at 10"-20" dbh and 3 snags greater than 20"
							 dbh Oak snags can be counted if already dead or partially dead
1 Map available at the Forest
				Service, National Scenic Area Office, Hood River, Oregon.
2 Does not apply to
				openings.