Or. Admin. Code § 350-082-0250

Current through Register Vol. 63, No. 10, October 1, 2024

Section 350-082-0250 - Uses Allowed on Lands Designated Agriculture-Special

(1) Uses Allowed Outright. The uses listed in 350-082-0210(3) are allowed without review on lands designated Agriculture-Special.

(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 Agriculture-Special.

(3) Review Uses with Additional Approval Criteria.

(a) The following uses may be allowed on lands designated Agriculture-Special, subject to compliance with 350-0820600 through 350-082-0720 and "Approval Criteria for Review Uses on Lands Designated Agriculture-Special" in subsection (b) below:

(A) New livestock grazing. Any operation that would introduce livestock to land that has not been grazed, or has laid idle, for more than five years shall be considered new livestock grazing.

(B) New fences, livestock watering facilities, and corrals.

(C) Soil, water, and vegetation conservation uses.

(D) Replacement or minor expansion of existing and serviceable structures within a dedicated site. Expansion shall be limited to the dedicated site.

(E) Fish and wildlife management uses, educational activities, and scientific research.

(F) Land divisions that facilitate livestock grazing or protect and enhance natural areas. No resulting parcel may be smaller than 160 acres, unless it would facilitate the protection of scenic, cultural, natural, or recreation resources.

(G) Single-family dwellings that are not in conjunction with agricultural use, if a landowner demonstrates that the dwelling cannot be constructed on a portion of the parcel that is located outside of the natural area and the dwelling is sited and designed in a manner that minimizes adverse effects to the natural area. All dwellings shall meet the criteria in 350-082-0240(3)(p). The buffer guidelines for non-agricultural dwellings may be waived if they would prevent the optimum siting of a dwelling.

(H) Recreation uses, subject to the provisions for Recreation Intensity Classes in 350-082-0700 through 350-082-0720.

(I) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(J) 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).

(K) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(L) Lot line adjustments, subject to compliance with 350-082-0570(1).

(b) Approval Criteria for Review Uses on Lands Designated Agriculture-Special

(A) A range conservation plan shall be prepared before new livestock grazing commences; new fences, livestock watering facilities, and corrals are constructed; or soil, water, and vegetation conservation activities are undertaken (review uses (3)(a)(A), (B), and (C)).

(i) If a range conservation plan is required before a use is allowed, it shall be prepared by the landowner in cooperation with range scientists from local conservation districts. Specialists from the Oregon Biodiversity Information Center or Washington Natural Heritage Program should be consulted while the plan is being prepared.

(ii) Range conservation plans shall ensure that new uses do not adversely affect natural areas. They shall accomplish the following goals:

(I) Maintain native rangeland that is in excellent or good condition; enhance rangeland that is in fair or poor condition;

(II) Preserve native trees and shrubs; and

(III) Reestablish native grasses in degraded areas that have been invaded by non-native plants and weeds.

(iii) Range conservation plans shall include all the following elements:

(I) Range inventory. This shall include existing composition, carrying capacity, and condition of rangeland; the location of rare plants and non-native weeds; and existing fences, watering ponds, and other range improvements.

(II) Rehabilitation plan. This shall include actions that will be taken to rehabilitate native rangeland that is in fair or poor condition, such as weed and soil erosion control, seeding, and prescribed burning.

(III) Livestock management plan. This shall include the grazing system that will be used, including number and size of pastures, expected livestock numbers, and grazing or deferral periods and sequence. Livestock management plans shall project livestock movements for at least three years.

(IV) Monitoring program. This shall track the annual progress of the conservation plan and condition of the range. Monitoring techniques shall be described, such as line transects or photographic plots.

(B) The Executive Director shall submit all land use applications and range conservation plans to the Oregon Biodiversity Information Center or Washington Natural Heritage Program. The state heritage staff will have 30 days from the date that an application or plan is mailed to submit written comments to the Executive Director.

(C) The Executive Director shall record and address any written comments submitted by the state heritage staff in the Executive Director's decision.

(D) Based on the comments from the state heritage staff, the Executive Director shall make a final decision on whether the proposed use is consistent with the Agriculture-Special policies and guidelines. If the final decision contradicts the comments submitted by the state heritage staff, the Executive Director shall justify how they reached an opposing conclusion.

(4) Prohibited Uses. Except for the uses listed in sections (1) through (3) above, new uses shall be prohibited on lands designated Agriculture-Special. Prohibited uses include, but are not limited to:

(a) Cultivation, including plowing, harrowing, leveling, tilling, or any activity that prepares land for raising crops by turning, breaking up, or loosening the soil.

(b) Removal or clearing of native grasses, shrubs, and trees.

(c) Single-family dwellings and accessory structures, other than non-agricultural dwellings allowed as a review use.

(d) Barns, silos, and other agricultural buildings.

(e) Irrigation systems.

(f) Exploration, development, and production of mineral resources.

(g) Utility facilities, public use facilities, and roads.

Or. Admin. Code § 350-082-0250

CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)

Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)