36 C.F.R. Subpart C—Sawtooth National Recreation Area—Private Lands
Title 36 - Parks, Forests, and Public Property
Authority: Sec. 4(a), Act of Aug. 22, 1972 (86 Stat. 613).
(a) Purpose. In accordance with the provisions of the Act establishing the Sawtooth National Recreation Area (86 Stat. 612), the regulations of this subpart establish standards for the use, subdivision and development of privately owned property within the boundaries of the Sawtooth National Recreation Area. The standards 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 recreational values of the Recreation Area. Unless, in the judgment of the Secretary, such property is being used, or is in imminent danger of being used, in a manner incompatible with such standards, the property or any interest therein may not be acquired by condemnation. However, private land or an interest therein, determined to be necessary for access to and utilization of public property, and for recreation and other facilities, may be condemned without regard to this restriction, subject however, to the limitation in §292.15(j). (b) Amendment of regulations. Amendments to these regulations shall be made in accordance with the Administrative Procedures Act (60 Stat. 238, 5 U.S.C. 553), including the publishing of the amendments as a notice of proposed rulemaking with final adoption after interested persons have been given an opportunity to participate in the rulemaking through submission of comments. (c) Definitions—(1) Cluster-type development. Planned unit development which allows flexibility in neighborhood and subdivision lot design by dedicating or reserving the land so saved to open space. (2) Community development plan. A narrative plan with maps which sets forth specific standards for desirable development of a community. (3) Designated community. A populated area divided into lots, blocks and streets as platted and recorded in the official records of the county, containing residences and commercial establishments providing goods and services and retaining the atmosphere of a western frontier ranch-type town and so classified in §292.15(a). (4) Dude ranching. Development oriented to furnish an outdoor recreational or educational experience related to ranching. Facility development is compatible with the pastoral environment, rustic in nature and harmoniously colored. (5) Mineral operations. All functions, work and activities in connection with exploration, development, mining or processing of mineral resources except prospecting which will not cause significant surface disturbance and will not involve removal of more than a reasonable amount of mineral deposit for analysis and study. (6) Private property. Lands or interests in lands not owned by Federal, State, or local governments but not including unpatented mining claims. (7) Ranch-type character. A low profile, rambling, well-proportioned, rustic appearing, rough-sawn wood or wood and stone structure or group of structures harmoniously situated within a natural environment. (8) Residential outbuilding. Nonhabitable building detached from the residence, such as a garage, woodshed or storage building. (9) Secretary. Secretary of Agriculture. (10) Area Ranger. The Forest Officer having administrative authority for the Sawtooth National Recreation Area. [39 FR 11544, Mar. 29, 1974] (a) Classification of private property. For the purpose of establishing specific standards applicable to the several parcels of private land within the boundaries, such properties are classified and assigned to land use categories as shown on the Land Use Category Map, dated December 15, 1973, as amended July 16, 1976, on file and available for public inspection in the office of the Area Ranger, Sawtooth National Recreation Area, Ketchum, Idaho. The classification of private properties is based on evaluation of scenic, natural, historic, pastoral, wildlife, and other values. (b) Land use categories. Land use categories shown on the map referred to in paragraph (a) of this section are: (1) Designated community. All properties inside a designated community. (2) Residential. Areas for residential development outside designated communities. (3) Commercial. Areas for commercial development outside designated communities. (4) Agriculture. All properties outside designated communities not placed in a residential or commercial land use category. (5) Mineral. Any areas in the land use in paragraphs (b) (1) through (4) of this section, used for mineral operations. (c) Changes in classification. The Secretary may make changes in the classification of private lands set forth in paragraph (a) of this section by incorporating such changes in an amendment of these regulations. (d) Certification of compliance with standards—(1) Present use. Any owner of property may request in writing the Area Ranger to examine the present use of the property and issue a certification that such present use conforms to the applicable standards established in §292.16 for the land use category in which the property is placed. If after examination the Area Ranger determines that the present use of the property does so conform, he will issue a certification to this effect. (2) Planned development or change in use. Any owner of property who proposes to change the use or develop his property for other than agricultural use may submit to the Area Ranger a use or development plan setting forth the manner in which and the time by which the property is to be developed and the use to which the property is to be put. If the Area Ranger determines that the development and use plan conforms to the applicable standards established in §292.16 for the land use category in which the property is placed, he will issue a certification to this effect. (3) Notification of action. Within 45 days after receipt of request for certification, the Area Ranger shall: (i) Issue the certification. (ii) Notify applicant that additional information is needed before action can be taken on the application. (iii) Notify applicant that certification is denied, and reasons for denial. (iv) Notify applicant that action on the request is deferred for a specified period of time for stated reasons. (e) Qualified certifications. (1) Any owner of a property classified residential or commercial under paragraph (a) of this section which had been improved and was being used for residential or commercial purposes on the effective date of these regulations, but which does not conform to the standards established for properties in the land use category in which the property is placed may nevertheless be issued a certification for period not to exceed 10 years so that the improvements may be made to conform to the standards. Such certification shall specify that it is only effective so long as the property is not subdivided, and is not further improved and the improvements existing on the effective date of these regulations, are not reconstructed, altered or relocated, except to meet standards. The certification shall specify the date on which it shall terminate. (2) If the Area Ranger determines, prior to certification, that a part or all of a property, for which a request for certification is made, is needed for access to and utilization of public property or for recreation and other facilities, he may except from the certification that part of the property needed for these purposes. (f) Revocation of certification. The Area Ranger will revoke a certification when he finds that the property is being used or developed not in conformance with the terms of the certification or the applicable standards established in §292.16 or is in imminent danger of being so used or developed. Notice of such revocation will be in writing and delivered to the owner in person or by certified mail. A partial revocation may be made when a portion of a property covered by a certification is determined to be needed for access to and utilization of public property or for recreation and other facilities. (g) Effect of certification. Property for which a certification is held by the owner shall not be acquired by the Secretary by condemnation. (h) Effect of noncompliance with standards. Property for which a determination has been made that it is being used or developed not in conformance with the applicable standards established in §292.16 for the land use category in which the property is placed may be acquired by the Secretary by condemnation. (i) Acquisition by negotiated purchase. (1) Any privately owned land or interest in land determined by the Secretary to be needed in furtherance of the objectives and purposes for which the Sawtooth National Recreation Area was established may be acquired by negotiated purchase subject only to the limitation in paragraph (j) of this section. (2) Property which has been developed for use prior to the effective date of these regulations, but which is not in conformance with applicable standards may be acquired by the Secretary through negotiated purchase and the Secretary may permit the owners, their successors or assigns to retain a right of use and occupancy of the improved property for a definite term not beyond December 31, 1988. (j) Limitation on acquisitions. Acquisitions of lands or interests therein for access to and utilization of public property and for recreation and other facilities shall not exceed 5 percent of the total acreage of all private property within the Sawtooth National Recreation Area on August 22, 1972. A land acquisition plan shall be prepared by the Area Ranger and approved by the Regional Forester showing those properties needed for access to and utilization of public property or for recreation and other facilities. Said plan may be revised from time to time upon approval by the Regional Forester. Said plan shall be available for inspection by the public in the office of the Area Ranger. (k) Land exchanges. Some parcels of Federal lands within the Sawtooth National Recreation Area are classified or may be subsequently classified in the overall general plan for the Recreation Area as suitable for selection through land exchange. Using existing land exchange authorities, these Federal lands may be made available for selection by parties owning land within the boundaries of the National Recreation Area to resolve some existing or potential land use conflicts. The values of the properties so exchanged shall be approximately equal, or, if they are not approximately equal, they shall be equalized by the payment of cash. Federal lands which may be located within the boundaries of designated communities will be considered for exchange only after acceptable community development plans and ordinances have been implemented. (l) Appeals. Any landowner who is adversely affected by a decision of the Area Ranger under these regulations may file an appeal under the provisions of 36 CFR part 251, subpart C. (m) Judicial review. The United States District Court for the District of Idaho shall have jurisdiction to review these regulations upon a compliant filed within 6 months after the effective date of these regulations, by any affected landowner in an action for a declaratory judgment as provided in the Act of August 22, 1972 (86 Stat. 612), section 4(a). [39 FR 11544, Mar. 29, 1974, as amended at 41 FR 29379, July 16, 1976; 54 FR 3368, Jan. 23, 1989] 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 §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 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 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 §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 §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 §292.15(d) upon application in such cases. (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 §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 §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]
Title 36: Parks, Forests, and Public Property
PART 292—NATIONAL RECREATION AREAS
Subpart C—Sawtooth National Recreation Area—Private Lands
§ 292.14 Introduction.
§ 292.15 General provisions—procedures.
§ 292.16 Standards.
