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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF STATE LANDS

 

DIVISION 50

OREGON NATURAL HERITAGE PROGRAM RULES

General Provisions

141-050-0450

Purpose

The purpose of these rules is to provide a central and continuing register of areas in Oregon which contain significant natural heritage resources and special species, and describe the process used to register properties on the Oregon Register of Natural Heritage Resources. Ref. ORS 273.581, Chapter 208, Oregon Laws 1981.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - 273 .591
Hist.: LB 26, f. 8-5-75, ef. 8-25-75; LB 9-1982, f. & ef. 10-1-82; Renumbered from 141-050-0890, DSL 9-2008, f. & cert. ef. 12-10-08

141-050-0500

Definitions

As used in these rules, unless the context provides otherwise:

(1) "Agency" means any federal, state or local government agency, department, board, or commission.

(2) "Board" means the State Land Board.

(3) "Candidate Natural Area" means a natural resource area which may be considered for registration or dedication.

(4) "Council" means the Natural Heritage Advisory Council as established in ORS 273.571.

(5) "Dedicated" means the formal recognition and protection of a natural area for natural heritage conservation purposes.

(6) "Document" means a documented record, report or map pertaining to the Natural Heritage Program data.

(7) "Elements" means both the natural heritage resources and the special species.

(8) "Instrument" means any written document intended to convey an interest in real property pursuant to ORS 93.710, or an agreement between parties pursuant to the Natural Heritage Program, the Natural Heritage Plan, or matters related thereto.

(9) "Introduced Species" means exotic or non-native species.

(10) "Managed Area" means a registered or dedicated Natural Heritage Conservation Area that, by management agreement between the Board and private landowner, or agency, the area and its elements are maintained in a manner to protect the natural character.

(11) "Management Scheme" means a plan that sets forth in detail the responsibilities for the administration of an individual Natural Heritage Conservation Area.

(12) "Natural Area" means a unit of land or water, or both, which may be considered for dedication under ORS 273.563 to 273.591. It means a natural heritage resource area which has substantially retained its natural character, or, if altered in character, shall in addition to its natural heritage resource values be valuable as habitat for plant and animal species or for the study and appreciation of natural features. Ref. ORS 273.566(1).

(13) "Natural Heritage Conservation Area" means an area dedicated under the provisions of ORS 273.586.

(14) "Natural Heritage Resources" means the plant community types, aquatic types (or terrestrial ecosystems and aquatic ecosystems) and unique geologic types as defined in the Oregon Natural Heritage Plan; means a unit of land or water which contains a natural resource(s).

(15) "Plan" means the Natural Heritage Plan as established in ORS 273.576, which governs the Natural Heritage Program in the selection of areas for natural heritage conservation. Ref. ORS 273.566, Oregon Laws 1981, C. 208.

(16) "Program" means the Natural Heritage Program as established in ORS 273.566, which provides for the establishment of a limited system of natural heritage conservation areas representing a full range of Oregon's natural heritage resources and includes special species of plants and animals.

(17) "Register" means the Oregon Register of Natural Heritage Resources as established in ORS 273.581. The Register contains an official list of areas which have significant natural heritage resources and special species.

(18) "Special Species" means those species of plants and animals determined by the Council to be of significant value in a Natural Heritage Conservation Area and defined in the Plan.

(19) "Wildlife" means any wild or free living vertebrate or invertebrate animal.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82, Renumbered from 141-050-0895 and 141-050-0950; DSL 9-2008, f. & cert. ef. 12-10-08

 

Schedule of Fees and Charges

 141-050-0525

Acceptance of Funds

(1) The State Land Board may accept monies for, but not limited to, documents and services under these rules.

(2) The Board may apply for and accept grants, contributions and assistance from any federal, state or local government agency and any private foundation for the purpose of carrying out the provisions of ORS 273.561 to 273.591 and Chapter 208, Oregon Laws 1981.

(3) All monies received by the Board shall be paid into the State Treasury and credited to the account of the Natural Heritage Program. Ref. ORS 273.591.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 9-1982, f. & ef. 10-1-82

Oregon Register of Natural Heritage Resources

141-050-0890 [Renumbered to 141-050-0450]

141-050-0900

Criteria for Inclusion in Register

Criteria to be included within the Register must be determined by the Council to fulfill not only the definition of a natural area but the element and site considerations within the Priorities and Criteria for Conservation in the Plan, ORS 273.563 to 273.591 and Chapter 208, Oregon Laws 1981. The following criteria will be used in evaluating a natural area proposed for inclusion in the Register:

(1) The priority for protection of the primary element objective and other elements in the site as presented in the Plan;

(2) The element occurrence(s) is an adequate representative of the type;

(3) The extent to which each natural heritage resource has retained its natural character, i.e., a measurement of the degree of human caused disturbance;

(4) The health and viability of the element occurrence(s), i.e., the ability of each element occurrence to perpetuate itself or its natural sequence of development in the area;

(5) The number of natural heritage resources or elements which will be adequately represented in the area;

(6) The degree of uniqueness, and educational and natural interpretation values of a geologic resource(s);

(7) The priority of protection given to each special species of plant or animal presented in the Plan;

(8) The contribution the particular area will make to the protection of the special species; and

(9) Manageability, i.e., the capability of being managed so as to protect and to maintain the natural values, as well as to make it available and useful for its designated purposes.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: LB 26, f. 8-5-75, ef. 8-25-75; LB 9-1982, f. & ef. 10-1-82; DSL 9-2008, f. & cert. ef. 12-10-08

141-050-0905

Procedures for Registering

Each proposal for the Register, together with field evaluation, maps and sufficient data to complete the register file, shall be reviewed by the Council:

(1) A proposal for the Register of private land shall contain the written consent of the landowner.

(2) After review and recommendation by the Council, the Board may place a site onto the Register, or remove a site from the Register. The Board shall notify the Council of its decision.

(3) A voluntary management agreement may be developed between the Board and a private landowner, or agency, of a site on the Register, with the assistance of the Council.

(4) Any area(s) designated by a federal or state agency, having been established by public hearing, may be entered onto the Register by the Council.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: LB 26, f. 8-5-75, ef. 8-25-75; LB 9-1982, f. & ef. 10-1-82; DSL 9-2008, f. & cert. ef. 12-10-08

141-050-0915

Register File

The Register may include file(s) of registered natural areas:

(1) The card file may include name of natural area, location, size, ownership, register category, and principal Natural Heritage Resource(s) and special species. The card file may be cross referenced by county and principal resource.

(2) The data file may include:

(a) Data Form -- Comprehensive information compiled for each natural area;

(b) Instrument of Dedication -- Or other documents certifying official dedication;

(c) Consent Form -- Written consent for natural areas on private land;

(d) Supportive Data -- Includes maps, photographs, remote sensing imagery, species lists, field notes, reports, research papers, and references to other information available;

(e) Cross references to the Data Bank -- To data file, computer and manual file consistent with data bank components;

(f) Implementation Data -- Written management agreement pertaining to the natural area;

(g) Summary Sheet -- A map and one page summary of information about each area which can be duplicated and circulated to appropriate authorities.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 26, f. 8-5-75, ef. 8-25-75; LB 9-1982, f. & ef. 10-1-82

141-050-0920

Location and Maintenance of Register

The data files of the Oregon Register of Natural Heritage Resources will be located at the Oregon Natural Heritage Information Center office in Portland, OR, and will be maintained by the Council.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: LB 26, f. 8-5-75, ef. 8-25-75; LB 9-1982, f. & ef. 10-1-82; DSL 9-2008, f. & cert. ef. 12-10-08

141-050-0925

Register Review

The Register shall be reviewed and updated every five years by the Council.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 26, f. 8-5-75, ef. 8-25-75; LB 9-1982, f. & ef. 10-1-82

141-050-0930

Register Withdrawal

Registered natural areas may be withdrawn from the Register by the State Land Board upon the recommendation of the Council. Specific reasons must be given for withdrawal.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 26, f. 8-5-75, ef. 8-25-75; LB 9-1982, f. & ef. 10-1-82

Dedication and Management of a
Natural Heritage
Conservation Area

141-050-0935

Purpose

The purpose and scope of dedication is to establish and maintain the integrity of the Plan, and the Program, by means of written formal recognition and protection of an area of land and/or water for natural heritage conservation purposes.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 9-1982, f. & ef. 10-1-82

141-050-0940

Instruments of Dedication

(1) Private Dedication -- A private individual or organization which is the owner of any registered natural area may voluntarily agree to dedicate that area as a Natural Heritage Conservation Area by executing with the Board, following review by the Council, an instrument of dedication. Instrument provisions and policies include, but are not limited to, the following:

(a) An agreement that provides each element in the Natural Heritage Conservation Area with the most secure protection obtainable;

(b) An unlimited period of time, or a term sufficiently long to warrant dedication protection;

(c) Permission for conducting scientific research and other activities shall be commensurate with Program objectives;

(d) Management policies for the site, which may include all or part of the Management of Natural Heritage Conservation Areas in OAR 141-050-0935 through 141-050-0999;

(e) Termination of dedication may occur upon written notification to the Board, including specific reasons for termination, and provision by the Council of opportunity for adequate public notice and hearing.

(2) The Instrument of Dedication of an area under private ownership shall be filed by the Board in the office of the clerk of the county in which any or all of the Natural Heritage Conservation Area is located, and shall be effective upon its recording.

(3) A copy of the dedication and management agreement(s) shall be provided to the private owner of a Natural Heritage Conservation Area.

(4) Public Agency Dedication -- Any public agency may dedicate lands under the provisions of ORS 273.563 to 273.591, and the Plan, after providing the opportunity for adequate public notice and hearing by the agency.

(5) The Oregon Transportation Commission, the State Fish and Wildlife Commission, the State Board of Forestry, the State Board of Higher Education and the State Land Board shall, with the advice and assistance of the Council, establish procedures for the dedication of Natural Heritage Conservation Areas on land or water, the title of which is held by the State of Oregon, and which is under that agency's management and control. The instrument(s) of dedication and management shall contain any information or provisions as the agency and Council consider necessary to complete the dedication.

(6) Termination of the dedication of a Natural Heritage Conservation Area by a public agency requires:

(a) Provision of opportunity for adequate public notice and hearing;

(b) A finding by the agency of an imperative and unavoidable necessity due to natural disaster in the site, need of the natural resource during time of declared war, or the need of the natural resource because of extreme economic crisis of the state;

(c) A finding by that agency, with the approval of the Council that the Natural Heritage Conservation Area is no longer needed according to the guidelines of the Plan, or has permanently lost its character.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: LB 9-1982, f. & ef. 10-1-82; DSL 9-2008, f. & cert. ef. 12-10-08

141-050-0952

Publicity

Information about a Natural Heritage Conservation Area and appropriate descriptive material may be developed and made available to interested persons. However, publicity which would tend to encourage the general public to visit a Natural Heritage Conservation Area in greater numbers than its carrying capacity shall be avoided.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0954

Reports

At regular intervals the Council shall make or cause to be made for each Natural Heritage Conservation Area a record of management activities and other influences affecting each Natural Heritage Conservation Area.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0956

Instruments

The instruments of dedication shall include, but not be limited to:

(1) The size, location, purpose, and resources of the Natural Heritage Conservation Area;

(2) A management scheme written for each Natural Heritage Conservation Area which describes:

(a) The conservation objective of the area;

(b) Proscribed, allowed and prohibited activities on the area; and

(c) Provisions as consistent as possible with the following practices in OAR 141-050-0952 through 141-050-0996, which shall, unless otherwise noted, be a part of each management scheme.

(3) Agreements between the Board and any agency necessary to establish the Natural Heritage Conservation Area.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0960

Natural Heritage Conservation Area Manager

Notwithstanding the instruments of dedication, managers of a Natural Heritage Conservation Area shall not take any action or fail to take any action which is in conflict with a statute, rule regulation or policy relating to an agency having an interest in or responsibility for the Natural Heritage Conservation Area.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0962

Fire

Prescribed fire may only be used as a management tool in such areas or situations where fire is needed to maintain or protect a Natural Heritage Conservation Area as an ecosystem type specified in the management scheme

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-8

141-050-0964

Water Level Control

Natural Heritage Conservation Areas shall be managed to maintain their natural water levels. Water levels which have previously been altered by man may be changed if provided for in the management scheme as essential for the restoration of natural conditions.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0965

Disturbance of Natural Features

The management of Natural Heritage Conservation Areas shall not include the cutting or removal of vegetation or the disturbance of other natural features, except that which is essential to carry out the management scheme enumerated in these rules.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82; DSL 9-2008, f. & cert. ef. 12-10-08

141-050-0966

Visitor Protection

Guard rails, fences, steps, and bridges may be provided when essential to the safety of a reasonable alert and cautious visitor.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0967

Erosion Control

Erosion and soil deposition due to disturbances of natural conditions by man within or outside a Natural Heritage Conservation Area may be controlled as provided in the management scheme.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0968

Scenic or Landscape Management

No measures or actions shall be taken to alter the natural growth or features of a Natural Heritage Conservation Area for the purpose of enhancing its neatness, beauty, or amenities.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0970

Control of Succession

Control of succession may be undertaken only if maintenance or restoration of a particular ecosystem type or preservation of threatened or endangered species is designated in the instruments of dedication as an objective of the Natural Heritage Conservation Area. Based on scientific evidence of necessity, successional control measures may be undertaken as provided in the management scheme. Such measures shall be applied with caution and only to that part of the area as is necessary.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0972

Control of Introduced Plant Species

Control of introduced plant species may be undertaken as provided in the management scheme.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82; DSL 9-2008, f. & cert. ef. 12-10-08

141-050-0974

Control of Wildlife Populations

The control of wildlife populations on Natural Heritage Conservation Areas shall be by agreements between the Board and Oregon Department of Fish and Wildlife, or other agency. Insofar as practical any control measures applied shall be to correct those situations where wildlife populations are significantly affecting natural conditions on a Natural Heritage Conservation Area.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0976

Introduction and Management of Special Species

The introduction into or the management of a Natural Heritage Conservation Area for special wildlife species shall be by agreement between the Board and the Oregon Department of Fish and Wildlife, Oregon Department of Agriculture or other agency as provided in the management scheme.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82; DSL 9-2008, f. & cert. ef. 12-10-08

141-050-0980

Use Tolerance

The management scheme shall set forth the use tolerance or durability of all or any portion of a Natural Heritage Conservation Area and specify the steps to be taken if overuse occurs.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0982

Collecting Permits

A person wishing to collect material from a site for the purposes of research, education or restoration within a Natural Heritage Conservation Area shall secure written permission from:

(1) The Board; and

(2) The owner of the land; and

(3) The appropriate agency if any, including but not limited to the Oregon Department of Fish and Wildlife.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82; DSL 9-2008, f. & cert. ef. 12-10-08

141-050-0990

Boundary Markers

When feasible, boundaries of a Natural Heritage Conservation Area may be made clearly evident by placing markers at corners or other strategic locations or by boundary signs.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0992

Fences

Fences and barriers may be installed as provided in the management scheme.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0994

Trails

The location and specifications of any trails may be established in the management scheme. Trails shall be adequate to provide for permitted use of a Natural Heritage Conservation Area, but otherwise kept to a minimum. The use of paving materials, footbridges and elevated walks may be permitted when necessary.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0996

Other Structures and Improvements

Signs and temporary research installations may be permitted within a Natural Heritage Conservation Area. No other structures or facilities shall be located within a Natural Heritage Conservation Area except as provided in the management scheme on these rules.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

141-050-0998

Amendments

The Board may review and approve or disapprove any modification to the Plan submitted by the Council.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 9-1982, f. & ef. 10-1-82

141-050-0999

Waiver of Rules

The State Land Board may waive all or any part of these rules which would prevent the establishment, management, or protection of a Natural Heritage Conservation Area if such rule is in conflict with a statute, rule, regulation, or policy relating to an agency having an interest in or responsibility for the Natural Heritage Conservation Area.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273 .591
Hist.: LB 18, f. 7-29-74, ef. 8-25-74; LB 9-1982, f. & ef. 10-1-82

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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