40.240.610    Review Uses – Open Space

A.    The following uses may be allowed on all lands zoned Gorge GMA Open Space subject to compliance with Sections 40.240.800 through 40.240.900:

1.    Low-intensity recreation, subject to Section 40.240.900(B).

2.    Land divisions to facilitate efforts to protect and enhance scenic, cultural, natural or recreation resources. Such land divisions shall be subject to Section 40.240.370. There shall be no minimum size requirement for newly created lots.

3.    Improvement, not including expansion of existing structures, trails, roads, railroads, utility facilities and hydroelectric facilities.

4.    Removal of timber, rocks or other materials for purposes of public safety and placement of structures for public safety.

5.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources pursuant to Section 40.240.270. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

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

7.    Lot line adjustments pursuant to Section 40.240.380.

B.    The following uses may be allowed on lands designated Gorge GMA Open Space – State Parks Recreation Areas within publicly owned lands:

1.    All uses listed in Section 40.240.610(A);

2.    Fish and wildlife management uses conducted by federal, state or tribal resource agencies;

3.    Soil, water or vegetation uses performed in accordance with a conservation plan approved by a local conservation district;

4.    Harvesting of wild crops, with written approval from the public agency owning or operating the land; and

5.    Educational or scientific research.

C.    The following uses may be allowed on lands zoned Gorge SMA Open Space, subject to compliance with Sections 40.240.800 through 40.240.900 and when consistent with an open space plan approved by the Forest Service pursuant to subsection (D) of this section:

1.    Changes in existing uses including reconstruction, replacement, and expansion of existing structures and transportation facilities, except for commercial forest practices.

2.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, pursuant to Section 40.240.270. These projects may include vegetation management and forest practices (pursuant to Section 40.240.510(B)(25)) 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).

3.    Low intensity recreation and uses and development, including educational and interpretive facilities, consistent with Section 40.240.900.

4.    Utility facilities for public service upon a showing that:

a.    There is no alternative location with less adverse effect on Open Space land.

b.    The size is the minimum necessary to provide the service.

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

(Amended: Ord. 2008-06-02)

D.    An SMA 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:

1.    Direction for resource protection, enhancement, and management;

2.    Review of existing uses to determine compatibility with open space values; and

3.    Consultation with members of the public and with agency and resource specialists.

E.    Subject to review, treatment of noxious weeds may be permitted without completion of an SMA open space plan, provided the following criteria are met:

1.    The infestation of noxious weeds is recent and eradication is possible; and

2.    Delaying or deferring treatment could cause widespread or significant adverse impacts to one (1) or more of the following resources:

a.    Displacement of native and traditionally gathered plants; or

b.    Degradation of wildlife habitat and forage; or

c.    Degradation or loss of agricultural uses of land, such as cropland or livestock forage; or

d.    Limitation of recreational uses; or

e.    For federal lands, treatment effects have been thoroughly evaluated in an environmental assessment.

(Amended: Ord. 2006-05-04; Ord. 2021-12-02)