Chapter 540 Special Districts
Sumpter Valley Management Area Zone (SVMA)
540.04.01 Purpose.
The purpose of the Sumpter Valley Management Area Zone (SVMA) is to protect the aggregate and wildlife habitat values of the dredged area by implementing the Sumpter Valley Dredge Tailing Management Plan.
540.04.02 Other regulations not circumvented.
A use or action allowed by this ordinance, or permit issued pursuant hereto, may not be construed to circumvent or supersede other State or Federal regulations applicable to the land area involved.
540.04.03 Definitions.
As used in this ordinance:
A. “Dredge line” refers to that line of demarcation between soils affected by dredge mining operations and soils unaffected by such operations.
B. “Dredge mining” refers to the excavation, screening and washing of soils in a matter designed to recover particulate gold or other minerals.
C. “Gravel operations” refer to the use of land for the recovery of small stones or rocks and cobbles, or a mixture of such with sand. The term shall include the crushing, sorting, screening and asphaltic compounding normally associated with such operations, whether for immediate removal or stockpiling, provided, however, that “gravel operations” do not include the storing or stockpiling of asphaltic compounds or compounded materials or any wastes or residues thereof on a continuing basis.
D. “Right-of-way of the Sumpter Valley Railway” refers to the existing railroad bed; including land within 34 feet of and parallel to the center line thereof.
540.04.04 Uses Permitted Through a Type I Procedure.
In the SVMA Zone, the following uses and their accessory uses may be permitted when authorized in accordance with the provisions of Section 205.04:
A. Livestock grazing.
B. Utility facilities necessary for public service, providing that such facilities are limited to the customary electrical and telecommunication distribution services.
1. Alteration, restoration, or replacement of a lawfully established dwelling that:
a. Has intact exterior walls and roof structure;
b. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;
c. Has interior wiring for lights; and
d. Has a heating system.
e. In the case of replacement, the dwelling to be replaced shall be removed, demolished, or converted to an allowable use within three months of the completion of the replacement dwelling.
f. The replacement dwelling may be sited on any part of the same lot or parcel.
g. Replacement dwelling applications may be accepted for up to 2 years after the loss of a dwelling due to fire or natural disasters.
540.04.05 Uses Permitted Through a Type II Procedure.
In the SVMA Zone, the following uses and their accessory uses may be permitted when authorized in accordance with the provisions of Section 205.05:
A. Wildlife Management.
1. The Oregon Department of Fish and Wildlife, if permitted by an agreement with the County governing body, shall have authority to take those actions and do those things reasonably necessary to establish, maintain, and perpetuate the various kinds of wildlife associated with the SVMA or that may be introduced by such department into that area.
2. Such department shall have authority to cause one or more of the tailing ponds to be deepened to an extent calculated to provide an adequate depth of water for fish survival, provided that one or more of such ponds deepened shall have structures designed to accommodate the elderly or physically handicapped person as to his access for fishing therein.
3. Such department shall have authority to establish structures or make fills designed to stabilize the depth of water in those tailings ponds intended to be stocked and maintained with fish or other forms of aquatic wildlife.
4. In order to reduce or alleviate the conflicts between the wildlife management of lands and the gravel resource management of lands in the SVMA, such department shall give due consideration to those land areas designated for gravel removal; such consideration shall include the utilization of setback distances from gravel resource areas.
5. Nothing in this section may be construed to deny vehicular access to the Powder River Gauging Station, which access is reasonably required for inspection and maintenance of such station.
B. Recreational Development.
1. The County governing body shall have authority to establish and maintain a County Park and automobile parking areas in the SVMA as follows:
a. County Park and parking area. On the West Side of the Dredge Lane Road within the boundaries of a triangle of land described by commencing at the intersection of the Dredge Lane Road and the Sumpter Valley Railroad Bed; thence Northwesterly along said railroad bed a distance of 1360 feet; thence southerly to the intersection of the Powder River; thence Southeasterly along the river to the Dredge Lane Road; thence Northerly along said road to the point of beginning;
b. Other parking area: On the East Side of the Dredge Lane Road, within 300 feet of the center line thereof between the Powder River and Highway 220; and on the East side of the Whitney-Tipton Highway, within 300 feet of the center line thereof, between the Powder River and the Sumpter Valley Railroad Bed.
1. The County governing body may cause to be constructed pedestrian trails in the SVMA, provided that:
a. The Oregon Department of Fish and Wildlife concurs in the location of such trails; and one or more of such trails shall be designed to accommodate the elderly or the physically handicapped person.
2. The Sumpter Valley Railroad Restoration, Inc. shall have authority to establish and maintain a recreational railroad operation, including a depot building and other buildings and spaces reasonably necessary for maintenance and storage of railroad steam engines, parts thereof and trackage: provided, however, such buildings and spaces shall be confined to that triangle of land described in subsection (1)(a) of this section.
3. Such railroad corporation shall have authority to use the existing road bed and right-of-way of the Sumpter Valley Railroad, throughout its course in the SVMA, for trackage necessary to support steam locomotive travel.
540.04.06 Uses Permitted Through a Type III Procedure.
In the SVMA Zone, the following uses may be permitted when authorized in accordance with the provisions of Section 205.06. These uses shall also require a Conditional Use Permit as described in Chapter 210.
A. Gravel operations may be allowed in the SVMA, providing that such operations conform to the standards and criteria of this section and providing further that such operations shall be subject to a zoning permit in writing issued by the County governing body.
B. Gravel operations in the SVMA may be allowed:
1. On County owned land within 2000 feet of the center line of the Whitney Tipton Road on the east side thereof.
2. On state owned land in the E½ NE¼ SE¼ Section 18, Township 10 South, Range 38 East W.M.; and
3. On privately owned land.
C. All gravel removal operations allowed by this section shall be conducted and reclaimed in a manner:
1. To maintain a setback distance of no less than 20 feet from any portion of the banks of the Powder River;
a. To maintain a setback distance of no less than 34 feet from the centerline of the Sumpter Valley Railway Bed;
b. To leave no cutbanks with slopes greater than a ratio of three feet horizontal distance to one foot vertical distance (3:1);
c. To protect the naturally growing, riparian vegetation along the banks of the Powder River on and around the Tailing Ponds; and
d. To prevent adverse siltation or other pollution or filling of the Powder River or Tailing Ponds or adverse pollution of the ground water.
D. Gravel operations permitted according to this section may also be subject to a permit pursuant to the State Surface Mining Laws.
540.04.07 Variance; Revision.
A. A variance from the provisions of this ordinance may be granted when approved in accordance with the provisions of Section 240 of this Ordinance.
This ordinance, including the zoning map hereto, may be reviewed and revised periodically, as necessary, provided that any revision of this ordinance and zoning map shall not be in conflict with any provision of the Dredge Tailing Plan. “Revision” includes any amendment.