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ARTICLE 6: CONDITIONAL USES

SECTION 603.05 BIG GAME FEEDING STATIONS



A. Permanent Feeding Stations - Approval Standards (criteria)

Permanent feeding stations may be allowed as a Conditional Use when in compliance with the following standards.

1) The feeding station shall be located on:

a. Federal lands wherever suitably located to provide feeding sites to minimize winter damage from big game. Whenever private land is proposed as a management area/feeding site, said land shall adjoin federally owned land whenever feasible and the owner(s) of record have joined in the application for permit.

b. An area inventoried as winter game habitat.

2) The applicant shall demonstrate the following:

a. Other less intrusive management techniques, for example hazing, fencing, hay stack panels and trapping/removal have been examined and will not solve the identified problems.

b. Compliance with the standards, criteria and other requirements of any feeding station facilities plan adopted by the Oregon Department of Fish and Wildlife.

c. Compliance with the management objective adopted by ODFW.

d. The tract of land shall be sufficient in size to accommodate the projected number of big game animals; or that additional management techniques such as game fences can be designed to overcome anticipated limitations of the parcel's size. A judgment relative to the sufficiency of size shall be based upon the carrying capacity of the air, land, and water resources of the area as measured by the following:

i) number of animals;

ii) topography as it relates to providing cover and bedding areas;

iii) thermal cover;

iv) bedding areas;

v) hiding cover;
vi) access; and

vii) proximity to public lands.

e. The applicant shall describe which of ODFW's programs for minimizing or mitigating off-site damage (such as the Green Forage Program) as authorized by ORS 496.012 are relevant to the proposed use. The proposed use shall be consistent with such programs.

f. The proposed use must comply with all applicable state and federal air and water quality standards, such as the animal waste control provisions of the 208 Water Quality Program.

B. Emergency Feeding Stations - Approval Standards (criteria)

1) Written notice will be provided to the Baker County Planning Office as to the location of emergency feeding stations or feeding sites on private or public land, said notice to be provided within 10 days of the establishment of said feeding station. This information will be accumulated and utilized as part of the data collection, monitoring and analysis referenced elsewhere in the County's ongoing Goal 5 process. After notification of the siting of an emergency feeding station, the Planning Office will send written notice of that siting to abutting landowners and operators. Upon written request of any abutting landowner within ten days of receipt of notice, a public hearing will be scheduled for review and approval or disapproval of the feeding site. The emergency use shall be allowed to continue until the outcome of the public hearing. The applicable decision criteria shall be as follows. The emergency feeding station operators shall demonstrate that:

a. The permanent feeding station criteria cannot be applied;

b. The feeding station is located in an area where there is reasonable evidence that its operation will effectively reduce or prevent significant damage by big game to private property or otherwise solve the emergency; and

c. Where the purpose of the feeding station is for damage control, other less intrusive management techniques (for example, hazing and fencing) have been utilized and have not solved the identified problem.

2) Emergency feeding stations in existence at the time of acknowledgment of this Ordinance shall be brought before the Planning Commission before the next feeding season for review and disposition. It is the intent of this section to prevent existing authorized or unauthorized feeding stations on privately owned land from continuing as "grandfathered" uses. The Sorenson and Auburn stations, located on public land, are recognized as preexisting, permanent sites and will be considered as "grandfathered."
C. Conditions of Approval

1) The following condition shall be attached to any permit issued for a permanent feeding station: The feeding station and associated activities must remain in compliance with the terms and conditions imposed by its conditional use permit designed to assure compliance with the approval standards of Section 603.05(a) of this Ordinance.

2) The County shall review the status of each feeding station once each year at the County Staff or Planning Commission level and shall make a report to the County Court on whether the conditions of approval have been or are being satisfied.