[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR292.16]

[Page 345-348]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 292_NATIONAL RECREATION AREAS--Table of Contents
 
        Subpart C_Sawtooth National Recreation Area_Private Lands
 
Sec.  292.16  Standards.

    The standards established in these regulations are in furtherance of 
the preservation and protection of the natural, scenic, historic, 
pastoral, and fish and wildlife values and to provide for the 
enhancement of the recreation values of the Recreation Area.
    (a) Applicability. The standards set forth in this section for each 
land use category shall apply to the private land in each such land use 
category as classified by the Secretary in accordance with Sec.  292.15.
    (b) Changes in standards. Changes in and addition to the standards 
may be made from time to time through amendment of these regulations.
    (c) General standards. The following standards apply to properties 
in all land use categories.
    (1) Use and development of the property will be in conformance with 
applicable Federal, State, and local laws, regulations and ordinances.
    (2) Development, improvement and use of the property will not 
materially

[[Page 346]]

detract from the scenic, natural, historic, pastoral, and fish and 
wildlife values of the area.
    (3) There will be adequate provision for disposal of solid and 
liquid waste originating on or resulting from use of the property.
    (4) All new utilities will be underground.
    (5) No structures or other improvements will be constructed in or 
encroaching upon streambeds, banks and flood plains of live or 
intermittent streams. Streambeds, banks, and flood plains will not be 
disturbed, except as may be necessary to construct, operate, and 
maintain irrigation, fisheries, utilities, roads, and similar facilities 
or improvements. Any such necessary encroachment will avoid impeding 
water flow, sedimentation of streams or entrance of deleterious material 
into streams.
    (d) Designated communities. (1) The following standards are 
established until replaced as provided for in paragraph (d)(2) of this 
section.
    (i) No buildings or structures, or part thereof, erected, 
constructed, reconstructed, altered, moved, or used for any purpose, 
except in conformance with the standards established herein.
    (ii) No excavation or topographic change, except that required for 
foundations, utilities, or roads, that would modify or change the scenic 
beauty of natural hillsides or mountain slope lands.
    (iii) Minimum 100-foot frontage on new building sites.
    (iv) All new buildings set in 10 feet from each side of property 
line.
    (v) All new buildings set back 20 feet from front property line.
    (vi) Only one single-family dwelling for each building site or lot.
    (vii) No new building to exceed two stories in height as determined 
from ground level.
    (viii) No building or structure erected with foundation pillars or 
stilts that exceeds 36 inches above ground level. Pillars or stilts, if 
used, must be enclosed.
    (ix) Minimum of 750 square feet for new residences.
    (x) All new buildings constructed of logs, shakes, rough lumber, 
rough wood, and native stone.
    (xi) Mobile or semimobile homes permitted only in existing mobile 
home parks.
    (xii) Nonreflective roofs on new buildings.
    (xiii) All new steps and walks constructed of wood.
    (xiv) Paints or stains to be of earth tones common to the area.
    (xv) All buildings and structures, including fences, to be 
maintained in a useable and servicable condition or removed. Properties 
to be maintained in a clean and orderly condition.
    (xvi) Existing plus new buildings or structures cannot occupy more 
than 30 percent of the land surface on a lot less than 20,000 square 
feet in area. On any lot larger than 20,000 square feet, existing plus 
new buildings cannot occupy more than 6,500 square feet. Existing 
properties exceeding this amount as of the effective date of these 
regulations may not be further developed.
    (xvii) The standards in paragraphs (d)(1) (v), (vi), (ix), and (xvi) 
of this section shall not apply to properties developed for commercial 
purposes.
    (2) The Area Ranger shall cooperate with each designated community 
in the preparation of a community development plan and implementing 
ordinances which will assure that use and development of the private 
properties within the community will be consistent with the purposes for 
which the Sawtooth National Recreation Area was established and with the 
overall general plan of the Recreation Area. The Secretary may then, by 
amendment of these regulations, replace the standards adopted pursuant 
to paragraph (d)(1) of this section with the standards set forth in such 
community development plan and implementing ordinances as the standards 
applicable to that designated community.
    (e) Residential. (1) Vegetative cover and screening requirements. 
Any combination of vegetative screening, topography, and structure 
design that renders the residence inconspicuous and not obtrusive as 
seen from main travel routes.
    (2) Buildings. (i) Not more than one residence on each separately 
owned contiguous property as recorded in the records of the appropriate 
county on

[[Page 347]]

date of publication of these regulations.
    (ii) Not more than two outbuildings with each residence. Aggregate 
square foot area of outbuildings not to exceed 850 square feet and to be 
limited to one story not more than 22 feet in height.
    (iii) Dwelling size not less than 750 square feet of floor space.
    (iv) Building architecture compatible with location and the pastoral 
environment, rustic in nature, harmoniously colored or natural wood 
finish or suitable wood substitutes, nonreflective roofs and sidings.
    (v) Height of buildings to be in keeping with site characteristics 
and normally not exceeding on-site tree height, or 30 feet.
    (vi) Sufficient setback of buildings from centerline of public roads 
for safety and unhampered traffic flow.
    (vii) Minimum building setback from property line--10 feet.
    (3) No excavation or topographic change except that required for 
buildings, roads, and utilities.
    (4) Removal of live trees and other vegetation limited to that 
necessary to accommodate buildings and roads to allow installation of 
utilities.
    (5) Roads designed, located, and constructed to minimize adverse 
esthetic impact and soil erosion.
    (6) Owner identification and sale or rental signs not to exceed 2 
square feet in size.
    (7) Buildings and structures, including fences, to be maintained in 
a usable and serviceable condition or removed.
    (8) No further reduction in size of residential ownerships except 
that which will not impair the objectives for which the Sawtooth 
National Recreation Area was established. A certification will be issued 
pursuant to Sec.  292.15(d) upon application in such cases.
    (f) Commercial--(1) General. Service provided must serve a need 
which cannot readily or adequately be provided in a designated 
community, and must be compatible with the purposes for which the 
Sawtooth National Recreation Area was established.
    (2) Buildings. (i) Building architecture to be compatible with the 
pastoral environment, rustic in nature, harmoniously colored or natural 
wood finish or suitable wood substitutes, nonreflective roofs and 
sidings.
    (ii) Building height to be in keeping with building size, scale, 
setback from roads and property boundaries, site size, setting, building 
design and type of use.
    (iii) Sufficient setback of buildings from centerline of public 
roads for safety and unhampered traffic flow.
    (3) Only signs identifying the commercial enterprise being conducted 
on the property. Signs not to exceed 20 square feet in area, 6 feet in 
length and 15 feet maximum height. Signs to be subdued in appearance and 
harmonizing in design and color with the surroundings. Signs not 
complying with the standard may be approved by certifications issued 
pursuant to Sec.  292.15(d) in special cases.
    (4) No flashing lights.
    (5) No new mobile or semimobile homes and mobile home parks except 
where they may be located without substantially impairing or detracting 
from the scenic, natural, historic, pastoral, and fish and wildlife 
values of the area.
    (g) Agriculture. (1) Only structures which do not substantially 
impair or detract from the scenic, natural, historic, pastoral, and fish 
and wildlife values of the area and which are necessary for ranching or 
dude ranching such as dwellings, barns, storage buildings, fences, 
corrals, irrigation facilities, roads, and utilities.
    (2) Buildings to be ranch-type character with log or other rustic 
exterior with harmoniously colored or natural wood finish and 
nonreflective surfaces.
    (3) Fences and other improvements to be in harmony with the western 
ranching atmosphere.
    (4) Minimum setback of new buildings to be 150 feet from public 
roads where determined feasible by the Area Ranger.
    (5) No further reduction in size of agricultural ownerships except 
that which will not impair the objectives for which the Sawtooth 
National Recreation Area was established. A certification will be issued 
pursuant to Sec.  292.15(d) upon application in such cases.

[[Page 348]]

    (6) No signs, billboards or advertising devices except a property 
identification sign and one sale or rental sign not to exceed 2 square 
feet in area, harmonious in design and color with the surroundings. 
Signs not complying with this standard may be approved by certifications 
issued pursuant to Sec.  292.15(d) in special cases.
    (7) Any tree removal and related slash disposal and soil erosion 
prevention measures to be conducted in a manner that will minimize 
detrimental effects to the site and adjoining lands.
    (8) The general topography of the landscape to be unaltered except 
for incidental excavation or topographic change required by ranching 
activities.
    (9) Structures and improvements, including fences, to be maintained 
in usable condition or removed. Those recognized as having historic or 
esthetic value may remain.
    (10) Roads to be designed, located and constructed to minimize 
esthetic impact and soil movement.
    (11) Agricultural practices to be limited to hay production and 
pasture and range grazing in a manner which does not degrade water 
quality or result in accelerated soil erosion.
    (h) Mineral operations. The standards set forth in this paragraph 
shall apply to a private property or portion thereof in any land use 
category which is used for mineral operations. To aid in determining 
whether a planned mineral operation will conform to these standards, the 
owner of the property shall submit to the Area Ranger a proposed plan of 
operations. If the Area Ranger determines that the proposed operation 
conforms to the standards established herein he will approve the plan 
and such approval shall constitute the certification provided for in 
Sec.  292.15(d).
    (1) Operations will be confined to those locations where they may be 
conducted without substantially impairing or detracting from the scenic, 
natural, historic, pastoral, and fish and wildlife values of the area.
    (2) The general standards set forth in paragraph (c) of this section 
shall apply to any mineral operations.
    (3) The operations as described in the plan of operation and as they 
are carried out in accordance with the plan shall:
    (i) Comply with Federal and State air and water quality and waste 
disposal standards.
    (ii) Minimize adverse impacts on scenic values.
    (iii) Provide for prompt stabilization and restoration of areas 
disturbed by the operations.

[39 FR 11544, Mar. 29, 1974, as amended at 69 FR 55094, Sept. 13, 2004]