Wallowa-Whitman National Forest

Recreation

RECREATION RESIDENCES
(Summer Homes)

[ Summary of Current Recreation Residence Tracts] [Chronology of Recreation Residence]
[ Sales and Availability of Recreation Residences] [Annual Fees and Appraisals]
[Special Use Permit Requirements] [Cabin User Fee Fairness Act of 2000 (CUFFA) and Recreation Residence Inventories]
[Special Use Permit Re-issuance] [Permit Standards and Forms]

The recreation residences on the Wallowa-Whitman National Forest are permitted under a 1915 Public Law (P.L. 63-293 as amended) for Occupancy Permits. This act provided:

“the use and occupancy of suitable areas of land within the national forests, not exceeding five acres and for periods not exceeding thirty years, for the purpose of constructing and maintain summer homes.”

Currently the program consists of the 3 tracts which have a total of 43 privately owned cabins located on federally owned land (i.e. lots).

Summary of Current Recreation Residence Tracts

The Wallowa-Whitman National Forest Recreation-residence program began in the mid-1930s, with designated summer home tracts approved in the late 1940's to mid-1950s. At that time, the Forest sought to expand recreational opportunities, and offered small lots via a solicitation process to families and individuals to build small cabins. The structures and use were authorized by a special use permit, and permittees were charged an annual fee. This Summer Home program continued until the late 1970's when the Forest requested that the undeveloped lots be removed from the program and the lots reverted back to general forest land use.

Today the program consists of the 3 tracts which have a total of 43 privately owned cabins.

Floodwater Flat Tract : Also known as the Anthony Lake Summer Homes, this tract is located on the Baker Ranger District in the Anthony Lakes Basin , approximately 35 miles northwest of Baker City , Oregon (T.7S., R.37E, Sec 7, W.M.). The Floodwater Flat recreation residence tract was approved by the Chief of the Forest Service in 1947 and the plat completed for 25 lots. One lot was never developed, and today there are 24 occupied lots with lots that are from 0.25 to 1.0 acres in size. Common permitted structures on the lots include cabins, outhouses, water systems and septic systems, decks, and some miscellaneous outbuildings.

Blue Springs Tract : The Blue Springs tract is located on the La Grande Ranger District along Fly Creek in the Upper Grande Ronde River watershed, approximately 35 miles southwest of La Grande , Oregon (T.5S., R.35E, Sec 20, W.M.). The Blue Springs Summer Home tract was approved by the Regional Forester in 1954 and the plat completed for 20 lots. Based on lack of development, 8 lots were removed from the tract by the Forest Service Regional Forester in 1978. Today there are 12 occupied lots which are less than 0.5 acres in size. Permitted structures commonly found on the lots include cabins, outhouses, miscellaneous sheds and outbuildings.

Boulder Park Tract : This tract is also located on the La Grande Ranger District along the Wild and Scenic Eagle Creek, approximately 40 miles northeast of Baker City , Oregon (T.6S., R.43E, Sec 2, W.M.). The Boulder Park Summer Home tract was approved by the Chief of the Forest Service in 1954 and the plat completed for 34 lots. In 1976, 28 lots were deleted from the tract by the Forest Service Regional Forester since they had not been developed. Currently there are 7 occupied lots which are less than 0.5 acres in size. Common permitted structures on the lots include cabins, outhouses, water systems and some miscellaneous outbuildings.

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Chronology of Recreation Residence on the Wallowa-Whitman National Forest (WWNF)

1930s - Summer Homes authorized in the Anthony Lakes areas

1947 - Floodwater Flat recreation residence tract approved.

1954 - Blue Springs & Boulder Park Summer Home tract and plats approved.

1975 - Recreation residence Appraisal Reports/Review completed.

1976 - 28 lots removed from Boulder Park tract.

1981 - 8 lots were removed from Blue Springs tract.

1981 - Recreation residence Appraisal Reports/Forest Service Appraisal Review completed. (Final report in 1982)

1999 - Recreation residence Appraisal Reports/Forest Service Appraisal Review completed. (Final report in 2000)

2000 - Cabin User Fee Fairness Act of 2000 (CUFFA)

2002 - Wallowa-Whitman National Forest (WWNF) and permit holders complete inventory of recreation residence features required by CUFFA.

2004 - WWNF begins Consistency Reviews and Compliance Inspection process.

2005 - WWNF Continues with Consistency Reviews and Compliance Inspections. Initiates coordination with homes owners to resolve non-compliant items.

2006 - WWNF continues to work with home owners on non-compliant items. Initiaties Environmental Analysis of cabin tracts based on FS resource specialists review of lots & facilities. Recreation residence permit holders are presented opportunity to determine appraisal options under CUFFA direction.

2007 - WWNF continues to work with home owners on non-compliant items. Draft Environmental Analysis of cabin tracts completed.

2008 - May 3 -the 2-year transition period ends for selecting an appraisal option; June - Appraisals conducted on a 3 tracts; . December - The Environmental Assessment is completed; the 20 year term permits expire.

2009 - January - All 43 recreation residence permits re-issued; February - Appraisals completed and available upon request to permit holders;

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Sales and Availability of Recreation Residences

The Forest Service does not become involved in the actual sale of the cabins, nor does the Forest Service maintain current listings of the cabins which are for sale. A few of these transactions are handled through real estate agents in the local communities, however many of the transactions are done by the owners themselves who sell the homes or conduct a within-family transfer. Turnover of the homes is estimated at less than 5% annually.

Purchase price for the residences in the 3 tracts vary, and should only reflect the value of the improvements - the cabin, toilet, water/septic system, storage shed, etc. The purchase price does not include the value of the land.

The Forest Service involvement in the sale of the residences is to process the application and permit, review the terms and conditions of the permits with the new owner, and periodically inspect the premises. You are encouraged to contact the local Ranger District either in Baker City (541-523-4476) or in La Grande (541-963-7186) to discuss the Special-Use Permit and permit re-isuance in greater detail.

Determinations were made in the 1970s that all unoccupied lots would be removed from the tracts. Based on this determination, there are no unoccupied lots available for new construction .

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Annual Fees and Appraisals

Annual Fees : The Forest Service charges an annual land use fee for the recreation residence special use permit. Base on the latest appraisal, the fees presently in effect on the Wallowa-Whitman National Forest range from $150 to $500. Every 10 years the Forest Service contracts with a private Oregon State licensed or certfied appraiser to appraise the typical lots. These appraisals do not include any improvements on the lots. The more desirable a lot is, i.e., stream frontage and tree cover, the higher the value of the lot. The Forest Service charges 5% of the appraised value plus an annual Consumer Price Index adjustment as the annual use fee. In addition, the local counties may assess a property tax based on the value of the improvements on the lot.

Appraisals: In August of 1999, appraisals were completed for the Floodwater Flats, Blue Springs, and Boulder Park recreation residence tracts. As a result of the passage of the Cabin User Fee Fairness Act of 2000 (CUFFA) in 2000, however these 1999 appraisals were not implemented. The CUFFA act directed the Forest Service to develop regulations and adopt policies including procedures for ppraising recreation residence lots. These regulations were developed in May 2006, and recreation residence permit holders were notified that they have a 2 year transition period to choose one of three options for establishing a new fee.

• Frequently Asked Questions (FAQ) about appraisal fees and the 2-year transition period ( 28 KB)
• August 2, 2006 - Letter - Appraisal Options (26 KB)

In June 2008, CUFFA compliant appraisals were conducted for the typical lots for all 3 tracts. These appraisals were reviewed by an independant appraiser following agency procedures. These appraisals were reviewed and approved by a regional Senior Review Appraiser in February and permit holders were notified that they were available upon written request.

• February 26, 2009 - Letter - Advising permit holders of availability of new appraisal (16 KB)

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Special Use Permit Requirements

Each of the recreation residences is required to have a special use permit that authorizes the permittee to use National Forest System land. The basic intent of the permit is to maintain the forested recreation setting, provide for the safety of the permittee and general public, and protect the natural resources of the area. This authorization contains permit terms and conditions, as well as procedures for developing, maintenance and use the recreation residence. Specific direction for individual residences may also be included in the permit.

Most of the current 'term' permits and are issued for a 20 year term due to expire on December 31, 2008 . (One actually ends in 2010). Any new permits during this last 20 year period were issued for only the remainder of that term. In 2008 the Forest Service will issue new permits for another 20 years provided there is no higher or better use for that particular land.

Paraphrased examples of permit terms and conditions include:

•  The residence shall be used at least 15 days each year.

•  It shall not be used as full-time residence.

•  The holder shall maintain the premises in a safe, neat, and orderly condition.

•  No soil, tree or vegetation shall be removed without permission from the FS.

•  Improvements requiring written approval include, but not limited to; signs, fences, name mailboxes, pipelines, antennas and storage sheds.

•  All plans for development, layout and construction/reconstruction or alterations must be prepared by a licensed engineer, landscape architect or other qualified individual acceptable to the Forest Service.

•  The requirement to coordinate with the Forest Service in the development of an annual operating plan for operation and maintenance.

•  In exercising the privileges granted in the permit, the holder shall comply with all federal, state, county laws ordinances or regulations.

A copy of a more detailed term special use permit for recreation residences is available from the local Forest Services Offices.

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Permit Standards and Forms

The following Operation and Maintenance Standards are part of the term special use permits Appendix A) issued in 2009.

In accordance with section VII. A. "Incidental Use", the attached Incidental Use Policy and Application & Agreement Form (Appendix B) is available for permit holder use.

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