[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: 36CFR292.23]

[Page 353-354]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 292_NATIONAL RECREATION AREAS--Table of Contents
 
      Subpart E_Hells Canyon National Recreation Area_Private Lands
 
Sec.  292.23  Standards of compatible land use and development.

    Private land use that conforms to the standards of this section is 
deemed to be compatible with the purpose for which the HCNRA was 
established.
    (a) Standards applicable to all private lands. As of June 13, 1994, 
the use and development of private lands in all land categories within 
the HCNRA is deemed compatible with the purposes for which the HCNRA was 
established, if the use and development of such lands meets the 
following standards:
    (1) Use and development conforms to applicable local, state, and 
federal environmental, natural resource, cultural resource, and land use 
development law.
    (2) All new or replacement structures are screened and/or 
constructed of materials that blend with the natural environment, except 
where structures typify the architectural style and materials of a 
significant historic era such as pre-World War II. Screening is not 
required, however, for new or replacement structures that are associated 
with an existing unscreened structure or structures that were not 
screened at the time this rule became effective.
    (3) No public or commercial solid waste disposal sites or hazardous 
substance disposal sites are located on private lands within the HCNRA.
    (4) All new or replacement utility lines are placed underground 
where ground conditions and topography permit. This standard does not 
prevent or impair routine maintenance of utility lines or related 
structures in existence prior to June 13, 1994.
    (5) No new or replacement structures are developed within the 
boundaries of the Hells Canyon Wilderness, provided that existing 
structures may be repaired and/or maintained.
    (6) Significant historic, archaeologic, or paleontologic sites are 
protected.
    (7) Sites used for the extraction of common mineral materials, such 
as gravel, for construction and maintenance purposes on all except 
designated mining lands, are screened where possible, and are not in 
excess of 2 acres in size.
    (8) New recreational facilities enhance and are compatible with the 
purpose of the Act.
    (b) Farm/forest/grazing lands standards. The following additional 
standards are applicable to farm/forest/grazing lands:
    (1) Except as otherwise provided in this paragraph, the minimum lot 
size for residential development is 160 acres. Only residences 
associated with farm/forest/grazing uses may be developed. Partitions of 
less than 160 acres may be made to provide for the continuation of 
existing commercial agriculture, but such partitions may not be 
developed for residential use. Lots of less than 160 acres existing on 
June 13, 1994, with residences permanently affixed to a foundation or 
basement, are considered to be in compliance.
    (2) Structures are limited to those necessary to conduct farm/
forest/grazing use.
    (3) Dude ranching is permitted provided it is compatible with the 
purpose and direction of the Act and is part of a recognized ranching 
operation.
    (4) New or replacement structures for farm/forest/grazing use are 
not closer than 25 feet from a property line or 55 feet from the center 
line of a travel route.
    (c) Mining Lands. (1) The following standards are applicable to 
mining lands:
    (i) The owner of mining lands must consult with the Ranger 
concerning proposed mineral development activities prior to submitting a 
plan of operations to the relevant state or federal agencies.

[[Page 354]]

    (ii) Operations comply with Federal and State mining, air quality, 
water quality, hazardous waste, water disposal and reclamation 
standards.
    (iii) The type and number of structures, including but not limited 
to residences associated with the mining activity, are limited to the 
minimum necessary for the use and development of the mining lands.
    (iv) No new structures are located closer than 25 feet from a 
property line or 55 feet from the center line of a travel route.
    (v) Mining lands are not partitioned.
    (2) Notwithstanding compliance with the standards of paragraph 
(c)(1) of this section, the Secretary may acquire mineral interests in 
the HCNRA without the consent of the owner, if the Secretary deems this 
necessary to meet the purposes for which the HCNRA was established.