40.240.380    Review Uses – Open Space (REPEALED)

A.    The following uses may be allowed on all lands zoned Gorge Open Space subject to compliance with the appropriate scenic, cultural, natural, and recreation resources guidelines (Sections 40.240.490 through 40.240.590):

1.    Low-intensity recreation, subject to Section 40.240.580(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 40.240.190(A)(2). There shall be no minimum size requirement for newly created lots.

3.    Repair, maintenance, operation and improvement 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.    Restoration and enhancement structures and/or activities including vegetation, scenic, cultural, soil, fish and wildlife habitat restoration and enhancements.

6.    Placement of structures necessary for continued public safety and the protection of private property and essential public services damaged during an emergency/disaster event. This includes the replacement of temporary structures erected during such events with permanent structures performing an identical or related function. Land use proposals shall be submitted within twelve (12) months following an emergency/disaster event.

B.    The following uses may be allowed on lands designated Gorge Open Space within publicly owned lands:

1.    All uses listed in Section 40.240.380(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 of from the public agency owning or operating the land.

5.    Educational or scientific research.

C.    On land zoned Gorge SMA-Open Space, the maintenance, repair, and operation of existing dwellings, structures, trails, roads, railroads, and utility facilities may occur without review.

D.    The following uses may be allowed on lands zoned Gorge SMA-Open Space, subject to compliance with the appropriate scenic, cultural, natural and recreation resources guidelines (Sections 40.240.490 through 40.240.590) and when consistent with an open space plan approved by the U.S. Forest Service pursuant to the guideline in Section 40.240.380(E):

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

2.    Structures or vegetation management activities, including scientific research, related to scenic, cultural, recreational, and natural resource enhancement projects.

3.    Low-intensity recreation uses, including educational and interpretive facilities, consistent with Section 40.240.590.

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.    New signs, pursuant to Section 40.240.200.

6.    Restoration and enhancement structures and/or activities including vegetation, scenic, cultural, soil, fish and wildlife habitat restoration and enhancements.

E.    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:

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

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

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

F.    Subject to review, treatment of noxious weeds shall be permitted without completion of an 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 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.