(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.