OAR Chapter 350 — Columbia River Gorge Commission

Division 10 LEGAL DESCRIPTIONS

Or. Admin. R. 350-010-0000 Purpose

(1) This division adopts a Legal Boundary Description of the exterior boundary, the special management areas, and each of the thirteen urban areas designated in the Columbia River Gorge National Scenic Area Act (“National Scenic Area Act” or “Act”).

(2) The maps that Congress enacted as part of the National Scenic Area Act in 1986 were not drawn to cartographic or surveying standards. Congress did not provide any legal boundary description or other documentation accompanying the maps. Different maps enacted in section 4(e) and sections 4(a) and 4(c) of the National Scenic Area Act differ and conflict. Subsequently, in 1987, the U.S. Forest Service prepared new maps addressing many of the issues with the maps that Congress enacted. The U.S. Forest Service did not provide any legal boundary description, and provided only limited documentation accompanying the maps. The Commission, U.S. Forest Service, and others have used the 1987 maps almost exclusively for administration of the National Scenic Area Act. The Commission has experienced many situations in which the maps that Congress enacted and the maps that the U.S. Forest Service prepared were drawn to a scale that is too coarse for precision decision making at a parcel level. In addition, improvements in geographic information systems and locational technology have made the identification of precise boundaries more readily available; thus landowners and others involved in land planning expect more precise identification of boundaries established by the National Scenic Area Act.

(3) This rule promotes the efficient and reasonable administration of the National Scenic Area Act and affords interested persons notice of the Commission’s interpretation of the maps referenced in section 4(e) of the National Scenic Area Act. This rule shall be applied to carry out these objectives.

History

Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e)
Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e)
CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018
CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17

Or. Admin. R. 350-010-0010 Authority

Sections 4(a)(2)(A), 4(b)(2)(A), and 4(e)(2) of the National Scenic Area Act specify that the boundaries of the National Scenic Area, the special management areas, and urban areas are “generally depicted” on maps that Congress enacted as part of the National Scenic Area Act. The Columbia River Gorge Commission, U.S. Forest Service, and Gorge counties need precise legal boundary descriptions to develop and administer the Management Plan and land use ordinances for the National Scenic Area pursuant to sections 6, 7, and 8 of the National Scenic Area Act. The U.S. Forest Service needs precise legal boundary descriptions before making minor revisions to special management areas pursuant to section 4(c) of the National Scenic Area Act. The Commission needs precise legal descriptions before making minor revisions to the urban area boundaries pursuant to section 4(f) of the National Scenic Area Act. The Commission and U.S. Forest Service therefore have inherent authority to interpret the generally depicted boundaries, consistent with congressional intent, to administer the National Scenic Area Act.

History

Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e)
Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e)
CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018
CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17

Or. Admin. R. 350-010-0020 Definitions

In this rule, unless the context or subject matter requires otherwise:

(1) “Cities” means incorporated cities within the Columbia River Gorge National Scenic Area: Cascade Locks, Hood River, Mosier and The Dalles in Oregon; and White Salmon, Bingen, Stevenson, and North Bonneville in Washington.

(2) “Commission” means the Columbia River Gorge Commission.

(3) “Counties” means Multnomah, Hood River and Wasco counties in Oregon; and Clark, Skamania and Klickitat counties in Washington.

(4) “National Scenic Area” means the Columbia River Gorge National Scenic Area as designated in the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544b.

(5) “Legal Boundary Description” or “Legal Boundary Descriptions,” when capitalized, means the legal boundary descriptions adopted in section 030(1) and contained in the appendices to this rule. When not capitalized, the term, “legal boundary description” or “legal boundary descriptions” does not mean the Legal Boundary Descriptions adopted in section 030(1).

History

Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e)
Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e)
CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018
CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17

Or. Admin. R. 350-010-0030 Adoption and Use of Legal Boundary Descriptions and Maps

(1) The Commission adopts the Exterior Boundary, Special Management Areas, and Urban Areas Legal Boundary Descriptions contained in appendices A, B, and C to this rule.

(2) The Commission, counties, cities, landowners, and other interested persons shall use the Legal Boundary Descriptions for all planning, decisions, and other actions requiring reliance on the location of the exterior boundary of the National Scenic Area, a boundary of a special management area, or a boundary of an urban area.

(3) The Legal Boundary Descriptions have not been monumented or otherwise marked on the ground, except that specific angle points and courses may reference monuments and precise features that existed at the time the Commission adopted the Legal Boundary Descriptions. Landowners that want to monument or otherwise mark the Legal Boundary Descriptions on their property shall use a licensed surveyor to do so. The Commission, counties, landowners, and other interested persons shall not rely on monuments or markings unless a licensed surveyor has placed them.

(4) The Commission shall maintain a graphic representation of the Legal Boundary Descriptions. This graphic representation is illustrative only; it is not an official map of the Legal Boundary Descriptions and shall not be relied on for locating the boundaries described in the Legal Boundary Descriptions.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e)
Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e)
CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018
CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17

Or. Admin. R. 350-010-0040 Resolving Prior Interpretations

The Commission, Commission staff, U.S. Forest Service staff, and surveyors have made prior interpretations of the maps that Congress enacted. These prior interpretations may differ from the Legal Boundary Descriptions. The Legal Boundary Descriptions shall prevail in the event of a difference. Land use claims involving any difference shall be resolved in accordance with the Existing Uses provisions in the applicable county or Commission land use ordinance corresponding to the Existing Uses provisions in Section 7 of the Management Plan.

History

Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e)
Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e)
CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018
CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17

Or. Admin. R. 350-010-0050 Natural and Human Management Processes Do Not Affect Exterior, Special Management Area, or Urban Area Boundaries

(1) The location of the exterior boundary, a special management area boundary or an urban area boundary does not shift in response to natural processes that occur over a long period of time, such as accretion and reliction of rivers and streams or ordinary high water, or as a result of major sudden event, such as an avulsion, flooding, landslide, or earthquake. The exterior boundary, special management area boundary or urban area boundary remains at the location described prior to the event.

(2) The location of the exterior boundary, a special management area boundary or an urban area boundary does not shift in response to management of the normal pool elevation behind Bonneville and The Dalles dams. The normal pool elevation is as defined by dam operations on November 17, 1986.

(3) The location of the exterior boundary, a special management area boundary or an urban area boundary does not shift in response to relocation or realignment of linear features, including but not limited to roads and highways, railroads, pipelines, or powerlines, or their associated rights-of-way or easements. A Legal Boundary Description that uses a linear feature means the linear feature as it existed on November 17, 1986, or as otherwise noted in the Legal Boundary Description.

(4) The location of the exterior boundary, a special management area boundary or an urban area boundary does not shift in response to changes in land management boundaries, including, but not limited to, land use designation, zoning, special district, municipal boundaries and approved urban growth boundaries. A Legal Boundary Description that refers to a land management boundary means the land management boundary as it existed on November 17, 1986, or as otherwise described in the Legal Boundary Description.

(5) The location of the exterior boundary, a special management area boundary or an urban area boundary does not shift in response to other changes, including but not limited to, changes in land ownership; changes to, creation of new, or consolidation of tax lots, parcels, subdivisions, short plats, or short subdivisions; or changes to any other reference. A Legal Boundary Description that refers to ownership, tax lot, parcel, subdivision, short plat, or short subdivision or other reference means that reference as it existed on April 1, 2017, or as otherwise described in the Legal Boundary Description (April 1, 2017 is the date this rule first became effective).

History

Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e)
Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e)
CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018
CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17

Division 11 OPEN MEETINGS

Or. Admin. R. 350-011-0005 Written Minutes Required; Content; Content of Minutes for Executive Sessions

Text available via filing PDF that is stored in ORMS

History

CRGC 2-1987, f. 12-7-87, ef. 12-8-87
CRGC 1-1987(Temp), f. & ef. 9-10-87

Or. Admin. R. 350-011-0010 Definitions for Division 11 of the Gorge Commission's Rules

(1) “Action” means the transaction of the official business of the Gorge Commission including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, or decisions.

(2) “Convening” means:

(a) Gathering in a physical location;

(b) Using electronic, video or telephonic technology to be able to communicate contemporaneously among participants;

(d) Using an intermediary to communicate among participants.

(3) “Decision” means any determination, action, vote or final disposition upon a motion, proposal, resolution, order, rule, or measure on which a vote of the Gorge Commission is required at any meeting at which a quorum is present.

(4) “Deliberation” means discussion or communication that is part of the decision-making process.

(5) “Executive session” means any meeting or part of a meeting of the Gorge Commission that is closed to certain persons for deliberation on certain matters.

(6) “Gorge Commission” means the Columbia River Gorge Commission or any Gorge Commission committee established and ratified in accordance with the Gorge Commission’s bylaws that consists of two or more members with the authority to conduct hearings, take testimony, or make decisions for or recommendations to the Gorge Commission on policy or administration.

(7) “Meeting” or “meet” means the convening of the Gorge Commission for which a quorum is required in order to take action. “Meeting” or "meet" does not include any onsite inspection of any project or program. “Meeting” or "meet" also does not include the following, provided the members of the Gorge Commission do not take action:

(a) Attendance of members of the Gorge Commission at any national, regional, or state association to which the Gorge Commission or members of the Gorge Commission belong, or

(b) For a majority of the members of the Gorge Commission to travel together or gather for purposes other than a meeting.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544 et seq.
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544 et seq.
CRGC 1-2026, amend filed 07/22/2026, effective 09/01/2026
CRGC 2-1987, f. 12-7-87, ef. 12-8-87
CRGC 1-1987(Temp), f. & ef. 9-10-87

Or. Admin. R. 350-011-0020 Policy

(1) The Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544c(b) and Columbia River Gorge Compact (ORS 196.150 and RCW 43.97.015) require the Gorge Commission to adopt open meetings regulations consistent with the more restrictive statutory provisions of Oregon and Washington. This division is the Gorge Commission’s open meetings regulations. The Oregon Public Meetings Laws (generally ORS 192.610 - 192.695) and the Washington Open Public Meetings Act (generally Chapter 42.30 RCW) do not directly apply to the Gorge Commission.

(2) The Columbia River Gorge National Scenic Area Act and Columbia River Gorge Compact require an informed public aware of the deliberations and decisions of the Gorge Commission and the information upon which such decisions were made. It is the intent of this division that decisions of the Gorge Commission be arrived at openly.

(3) Division 11 of the Gorge Commission’s rules do not apply to communications between or among members of the Gorge Commission that:

(a) Are related purely to procedural matters and convey no deliberation or decision on the substance of the matter in question;

(b) Except as otherwise provided in this paragraph, are not related to any matter that, at any time, could reasonably be foreseen to come before the governing body for deliberation and decision; or

(c) Are nonsubstantive in nature, such as communication relating to scheduling, leaves of absence and other similar matters.

History

Statutory/Other Authority: ORS 197.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 197.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-011-0030 Meetings of Gorge Commission to be Open to Public; Location of Meetings; Accommodation for Person with Disability; Interpreters

(1) All meetings of the Gorge Commission shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by this division.

(2) A member of the public shall not be required, as a condition of attending a meeting, to give his or her name, other information, complete a questionnaire, or fulfill any other condition precedent. This section does not prohibit any generally applicable conditions that the Gorge Commission determines to be reasonably necessary to protect the public health or safety, or to protect against interruption of the meeting, including a meeting held electronically.

(3) The Gorge Commission shall not meet in private except as otherwise provided by this division.

(4) The Gorge Commission shall not meet at any place where discrimination on the basis of race, color, creed, sex, sexual orientation, gender identity, national origin, age, or disability is practiced. However, the fact that organizations with restricted membership hold meetings at the place shall not restrict its use by the Gorge Commission if use of the place by a restricted membership organization is not the primary purpose of the place or its predominate use.

(5) Location of meetings

(a) Meetings of the Gorge Commission shall be held:

(A) Within the geographic boundaries over which the Gorge Commission has jurisdiction;

(B) At the administrative headquarters of the Gorge Commission;

(D) Within Indian country (as that term is used in 18 U.S.C. § 1151) of one of the four Columbia River Treaty Tribes specified in 16 U.S.C. § 544(g); or

(E) By means of telephone, electronic, or internet communication, or other means of remote access as provided by this division.

(b) Training sessions may be held outside the jurisdiction so long as no deliberations toward a decision are involved.

(c) A joint meeting between the Gorge Commission and another entity subject to an open public meeting law or one or more of the four Columbia River Treaty Tribes shall be held within the geographical boundaries over which one of the participating public bodies entities has jurisdiction, or within Indian country or at another practical location.

(d) Meetings may be held in locations other than those described in this section in the event of an actual emergency necessitating immediate action.

(6) It shall be considered discrimination on the basis of disability for the Gorge Commission to meet in a place inaccessible to persons with disabilities, or upon request of an individual with a disability or a non-English-speaking person, to fail to make a good faith effort to have an interpreter for the individual with a disability or a non-English-speaking person provided at a regularly scheduled meeting.

(a) The person requesting the interpreter shall provide the Gorge Commission at least 48 hours’ notice of the request, shall provide the name of the requester, language or sign language preference, and any other relevant information the Gorge Commission may require.

(b) If a meeting is held upon less than 48 hours’ notice, reasonable effort shall be made to have an interpreter present, but the requirement for an interpreter does not apply to emergency meetings.

(c) As used in this section, “good faith effort” includes contacting the Oregon Disabilities Commission, the Washington Aging and Long Term Support Administration, state or federal court with jurisdiction in the National Scenic Area, or other state or local government or community service agency that maintains a list of qualified interpreters and arranging for the referral of one or more qualified interpreters to provide interpreter services.

(7) Voting by the Gorge Commission shall take place in public and each member’s vote shall be recorded as it is cast. The Gorge Commission shall not vote by secret ballot.

History

Statutory/Other Authority: ORS 197.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 197.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-011-0040 Public Notice Required; Special Notice for Executive Sessions

(1) The Gorge Commission shall provide the time for holding regular meetings by rule or bylaw.

(2) Notices in the Washington State Register and on Oregon’s website for state agency meeting notices:

(a) The Gorge Commission shall file with the Code Reviser in Washington a schedule of the time and place of regular meetings as provided by rule or bylaw on or before January of each year for publication in the Washington State Register.

(b) The Gorge Commission shall post an annual notice of its regular meetings as provided by rule or bylaw on the Oregon website for state agency meetings notices, provided that the State of Oregon maintains such a website and authorizes the Gorge Commission to post an annual notice.

(c) The Gorge Commission’s notices in this section shall direct persons to the Gorge Commission’s website for changes to the date, starting time, and location of regular meetings, for agendas and meeting materials, and for notices of cancellation of regular meetings.

(3) The Gorge Commission shall give public notice, reasonably calculated to give actual notice to interested persons, including news media which have requested notice, of the time and place for holding regular meetings. The notice shall also include an agenda containing the principal subjects anticipated to be considered at the meeting, but this requirement shall not limit the ability of the Gorge Commission to consider additional subjects or remove listed subjects from consideration.

(a) The Gorge Commission shall make the agenda of each regular meeting available on its website no later than 24 hours in advance of the published start time of the meeting.

(b) Nothing in this section modifies notice requirements or shall be construed as establishing that the Gorge Commission’s posting of an agenda as required by this section is sufficient notice to satisfy public notice requirements established under other laws.

(4) If an executive session only will be held, the notice shall be given to the members of the Gorge Commission, the general public and to news media which have requested notice, stating the specific provision of law authorizing the executive session.

(5) The Gorge Commission shall not adopt any ordinance, resolution, rule, regulation, order, or directive except in a meeting open to the public and then only at a meeting, the date of which is fixed by law or rule, or at a meeting of which notice has been given according to the provisions of this division.

(6) The Gorge Commission may adjourn or continue a meeting to a time and place specified in an order of adjournment or continuance. Written notice of the adjournment or continuance shall be provided in accordance with section (3) of this rule.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-011-0050 Special and Emergency Meetings

(1) A special meeting may be called at any time by the Chair of the Gorge Commission or by a majority of the members of the Gorge Commission by delivering written notice personally, by mail, or by electronic communication to each member of the Gorge Commission and to the Executive Director of the Gorge Commission. Written notice shall be deemed waived in the following circumstances:

(a) A member submits a written waiver of notice with the Executive Director of the Gorge Commission at or prior to the time the meeting convenes. A written waiver may be given by any means, including electronic communication; or

(b) A member is actually present at the time the meeting convenes.

(2) Notice of a special meeting called under section (1) of this rule shall be:

(a) Delivered to each local newspaper of general circulation and local radio or television station that has on file with the Gorge Commission a written request to be notified of such special meeting or of all special meetings;

(b) Posted on the Gorge Commission’s website;

(d) Delivered or posted, as applicable, at least 24 hours before the time of such meeting as specified in the notice.

(3) The call and notices required under sections (1) and (2) of this rule shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at a special meeting of the Gorge Commission.

(4) Emergency Meetings. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage, or when the required notice cannot be posted or displayed with reasonable safety, including but not limited to declared emergencies in which travel to physically post notice is barred or advised against. The minutes for an emergency meeting shall describe the emergency justifying less than 24 hours notice.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-011-0060 Written Minutes and Recording Required and Made Available; Content; Content of Minutes for Executive Sessions

(1) The Gorge Commission shall provide for the taking of written minutes of all its meetings. The written minutes must give a true reflection of the matters discussed at the meeting and the views of the participants. All minutes shall be available to the public within a reasonable time after the meeting, and shall include at least the following information:

(a) All members of the Gorge Commission present;

(b) All motions, proposals, resolutions, orders, ordinances, and measures proposed and their disposition;

(d) The substance of any discussion on any matter;

(e) Subject to Commission Rule chapter 350, division 12, relating to public records, a reference to any document discussed at the meeting but such reference shall not affect the status of the document under Commission Rule chapter 350, division 12; and

(f) The announced purpose(s) and authorization(s) for any executive session.

(2) The Gorge Commission shall provide for a sound, video, or digital recording of all its meetings.

(a) The Gorge Commission shall promptly make the recordings available online on a publicly accessible website or hosting service for a minimum of six months so that members of the public may without charge:

(A) Observe a recording of the meeting if the meeting was conducted through videoconferencing technology; or

(B) Listen to a recording of the meeting if the meeting was conducted through teleconferencing technology that did not include video capabilities.

(b) The requirement that a meeting be published under this section does not apply to that portion of a Gorge Commission meeting that was lawfully held in executive session under 350-011-0070.

(3) Minutes of executive sessions shall be kept in accordance with section (1) of this rule. Instead of written minutes, a record of any executive sessions may be kept in the form of a sound, video, or digital recording, which need not be transcribed unless otherwise provided by law. However, excluded materials are authorized to be examined by a court in any legal action and the court shall determine their admissibility.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-011-0070 Executive Sessions Permitted on Certain Matters; Procedures; News Media Representatives’ Attendance; Limits

(1) The Gorge Commission can hold executive session during a regular, special, or emergency meeting after announcing the authorization for the holding of such executive session. Executive session may be held:

(a) To evaluate the qualifications of an applicant for employment as an employee, staff member, or individual agent. The exception contained in this subsection does not apply to:

(A) The consideration of general employment policies, including salaries, wages, and other conditions of employment to be generally applied within the Gorge Commission;

(B) The employment of the executive director, employees, and staff members unless:

(i) The Gorge Commission has advertised the vacancy;

(ii) The Gorge Commission has adopted regular hiring procedures;

(iii) In the case of the executive director, the public has had the opportunity to comment on the employment of the officer; and

(iv) In the case of the executive director, the Gorge Commission has adopted hiring standards, criteria, and policy directives in meetings open to the public in which the public has had the opportunity to comment on the standards, criteria, and policy directives;

(b) To review the performance of an employee, staff member or individual agent or to consider the dismissal or disciplining of, or to hear complaints or charges brought against, an employee, staff member, or individual agent who does not request an open hearing. The Gorge Commission shall not use an executive session for purposes of evaluating the executive director, employee or staff member to conduct a general evaluation of an agency goal, objective, or operation or any directive to personnel concerning agency goals, objectives, operations, or programs. When the Gorge Commission elects to take final action hiring or setting the salary of an individual employee or class of employees, that action shall be taken in a meeting open to the public. When the Gorge Commission elects to take final action discharging or disciplining an employee, that action shall be taken in a meeting open to the public.

(d) To conduct deliberations with persons designated by the Gorge Commission to negotiate real property transactions or to consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price.

(e) To consider information or records that are exempt by law from public inspection. The Gorge Commission may consider whether to consider such information or records in open meeting on a case-by-case basis.

(f) Consultation with legal counsel:

(A) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the Gorge Commission, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency;

(B) This subsection does not permit the Gorge Commission to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection, “potential litigation” means matters protected by Oregon or Washington’s rules and laws governing an attorney’s duty of confidentiality concerning:

(i) Litigation that has been specifically threatened to which the Gorge Commission or a member of the Gorge Commission or staff acting in an official capacity is, or is likely to become, a party;

(ii) Litigation that the Gorge Commission reasonably believes may be commenced by or against the Gorge Commission or a member of the Gorge Commission or staff acting in an official capacity; or

(iii) Litigation or legal risks of a proposed action or current practice that the Gorge Commission has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the Gorge Commission.

(g) To consider matters relating to the safety of the Gorge Commission and of Gorge Commission staff and volunteers and the security of Gorge Commission facilities and meeting spaces.

(h) For any other purpose authorized by either the laws of Oregon or the laws of Washington not listed above.

(2) Representatives of the news media shall be allowed to attend executive sessions other than those held under subsection (1)(c) of this rule relating to labor negotiations but no information that is the subject of the executive session shall be disclosed. When the Gorge Commission convenes an executive session under subsection (1)(f) of this rule, the Gorge Commission shall bar any member of the news media from attending the executive session if the member of the news media is a party to the litigation or is an employee, agent, or contractor of a news media organization that is a party to the litigation.

(3) No executive session may be held for the purpose of taking any final action or making any final decision.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-011-0080 Meetings by Means of Telephone, or Electronic, Internet Communication, or Other Means of Remote Access

(1) Any meeting, including an executive session, of the Gorge Commission which is held through the use of telephone or other electronic communication shall be conducted in accordance with this division.

(2) When telephone, electronic, or internet communication, or other means of remote access is used and the meeting is not an executive session, the Gorge Commission shall make available to the public at least one place where the public can listen to the communication at the time it occurs by means of speakers or other devices. The place provided may be a place where no member of the Gorge Commission is present.

(3) All meetings held by the Gorge Commission, excluding executive sessions, must provide to members of the general public, to the extent reasonably possible, an opportunity to:

(a) Access and attend the meeting by telephone, video, or other electronic or virtual means;

(b) If in-person oral testimony is allowed, submit during the meeting oral testimony by telephone, video, or other electronic or virtual means; and

(c) If in-person written testimony is allowed, submit written testimony, including by electronic mail or other electronic means, so that the Gorge Commission is able to consider the submitted testimony in a timely manner.

(4) The provisions of section (3) of this rule apply to hearings under Commission Rule division 350, chapters 60 and 70.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-011-0090 Interruptions

In the event that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are interrupting the meeting, the members of the Gorge Commission may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section prohibits the Gorge Commission from establishing a procedure for readmitting an individual or individuals not responsible for disturbing the orderly conduct of the meeting. Nothing in this section prohibits the Gorge Commission from stopping people from speaking to the Gorge Commission when not recognized by the Gorge Commission to speak.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-011-0100 Regular Meeting Time to Include Time for Public Comment

(1) At all regular meetings of the Gorge Commission, the Gorge Commission shall provide time for oral public comment for issues not on the Gorge Commission’s agenda, and an opportunity for Tribal Nations to address the Gorge Commission.

(2) At all regular meetings of the Gorge Commission, the Gorge Commission shall provide an opportunity for written public comment. Written comments shall be distributed to the members of the Gorge Commission. The Gorge Commission may set a reasonable deadline for the submission of written comment before the meeting.

(3) Upon the request of any individual who will have difficulty attending a meeting of the Gorge Commission by reason of disability, limited mobility, or for any other reason that makes physical attendance at a meeting difficult, the Gorge Commission shall, when feasible, provide an opportunity for that individual to provide oral comment at the meeting remotely if oral comment from other members of the public will be accepted at the meeting.

(4) The Gorge Commission may limit the number of speakers or the time for oral public comment and opportunity for Tribal Nations to address the Gorge Commission in a manner that limits time equally for each speaker.

(5) The Gorge Commission may exclude oral or written comment that concerns matters currently before or likely to come before the Gorge Commission in a hearing where the Gorge Commission must disclose ex parte communications and comply with the Washington Appearance of Fairness doctrine.

(6) Nothing in this section diminishes the authority of the Gorge Commission to deal with interruptions as provided in this division or requires the Gorge Commission to accept public comment that renders orderly conduct of the meeting unfeasible.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-011-0110 Enforcement

Enforcement of this division is governed by the judicial review provisions of the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544m, and applicable court rules.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 U.S.C. 544c(b) & 16 U.S.C. 544m
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. 544c(b) & 16 U.S.C. 544m
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Division 12 PUBLIC RECORDS

Or. Admin. R. 350-012-0010 Definitions for Division 12 of the Gorge Commission's Rules

(1) “Business day” means weekdays, except when the Gorge Commission office is closed for an entire day. The Gorge Commission office closes for inclement weather, emergencies, and as decided by the executive director. The Gorge Commission strives to place office closure dates on its website.

(2) “Gorge Commission” means the Columbia River Gorge Commission.

(3) “Person” includes any natural person, corporation, partnership, firm, or association.

(4) “Public record” includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function, prepared, owned, used, or retained by the Gorge Commission regardless of physical form or characteristics. “Public record” does not include:

(a) Any writing that does not relate to the conduct of the public’s business and that is contained on a privately owned computer; or

(b) Records that are not otherwise required to be retained by the agency and are held by volunteers who:

(A) Do not serve in an administrative capacity;

(B) Have not been appointed by the agency to an agency board, commission, or internship; and

(5) “Writing” means handwriting, typewriting, printing, photostating, photographing and every means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-012-0020 Right to Inspect Public Records; Personal Privacy Interests

(1) Every person has a right to inspect any public record of the Gorge Commission, except as otherwise expressly provided by this division.

(2) The Gorge Commission shall furnish proper and reasonable opportunities for inspection and examination of non-exempt records during the usual business hours, to all persons requesting inspection and examination.

(3) To the extent required to prevent an unreasonable invasion of personal privacy interests protected by this division or an Oregon, Washington, or federal statute or regulation that prohibits disclosure of specific information or records, the Gorge Commission shall redact identifying details in a manner consistent with such requirement when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing. Personal privacy interests are considered invaded if disclosure of information about the person would be highly offensive to a reasonable person and is not of legitimate concern to the public.

(4) For informational purposes, the Gorge Commission shall publish and maintain a current list containing every law, other than those listed in this division, that the Gorge Commission believes exempts or prohibits disclosure of specific information or records of the Gorge Commission. The Gorge Commission’s failure to list an exemption shall not affect the efficacy of any exemption.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-012-0030 Index of Certain Records

(1) The Gorge Commission shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated.

(a) Final opinions and orders made in the adjudication of cases;

(b) Statements of policy and interpretations of policy, statutes, and regulations that have been adopted by the Gorge Commission;

(d) Planning policies and goals, and interim and final planning decisions;

(e) Factual staff reports, and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others;

(f) Correspondence and materials referred to therein, by and with the Gorge Commission relating to any regulatory, supervisory, or enforcement responsibilities of the Gorge Commission, whereby the Gorge Commission determines, or opines upon, or is asked to determine or opine upon, the rights of the Gorge Commission, a state, the public, a subdivision of state government, or of any private party.

(2) The Gorge Commission need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event:

(a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and

(b) Make available for public inspection and copying all indexes maintained for agency use.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-012-0040 Agency Description; Contact Information

(1) Agency Description. The Gorge Commission is a regional agency created by Oregon and Washington through an interstate compact (codified at ORS 196.150 and RCW 43.97.015) with the consent of the U.S. Congress (16 U.S.C. § 544c(a)(1)). The members of the Gorge Commission are appointed as provided in 16 U.S.C. § 544c(a)(1)(C) and Article II of the compact. The members of the Gorge Commission appoint the executive director as the administrative head of the Gorge Commission.

(2) Contact Information. The Gorge Commission has one office located at 57 N.E. Wauna Ave., White Salmon, WA 98672, and its mailing address is P.O. Box 730, White Salmon, WA 98672. The general email address for the Gorge Commission is info@gorgecommission.org. The website for the Gorge Commission is www.gorgecommission.org. The Gorge Commission does not have a facsimile number.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-012-0050 Procedure for Requesting Public Records

(1) All requests to inspect, copy, or receive public records shall be in writing and sent to the Gorge Commission office using the contact information in 350-012-0040(2). One request is sufficient; there is no need to send a request by both U.S. Postal Service and by email. A request shall include the following information:

(a) The requestor’s name, email address or mailing address, and telephone number; and

(b) A request for identifiable public records. An identifiable public record is one for which the requestor has given a reasonable description enabling the Gorge Commission to locate the requested record. A request for all or substantially all records prepared, owned, used, or retained by the Gorge Commission is not a valid request for identifiable records under this chapter, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of an agency's records.

(2) If a requestor is a party or a representative or agent of a party to an administrative proceeding before the Gorge Commission, a party or representative of a party to a civil judicial proceeding to which the Gorge Commission or any member of the Gorge Commission is a party, or has filed a notice under 16 U.S.C. § 544m(b)(3) asks to inspect or to receive a copy of a public record that the person knows relates to the proceeding or notice, the requestor must submit the request to the Gorge Commission office and the attorney for the Gorge Commission.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-012-0060 Response to Public Records Requests

(1) The Gorge Commission will respond to a request for public records within five business days by:

(a) Providing the records if the records are of a nature permitting copying, or a reasonable opportunity to inspect or copy the record;

(b) Providing an internet address and link to the records on the Gorge Commission’s website; except that if the requester notifies the Gorge Commission that they cannot access the records through the internet, then the Gorge Commission must provide copies of the record or allow the requester to view copies using an agency computer;

(c) Acknowledging that the Gorge Commission has received the request and providing a reasonable estimate of the time the Gorge Commission will require to respond to the request;

(d) Acknowledging that the Gorge Commission has received the request, asking the requestor to provide clarification for a request that is unclear, and providing to the greatest extent possible, a reasonable estimate of the time the Gorge Commission will require to respond to the request once clarified. If the requestor fails to clarify the request within ten business days, the Gorge Commission need not respond to it and will close the request; or

(e) Denying the public record request.

(2) The Gorge Commission may, in its sole discretion, propose a search and disclosure plan specifying search terms, record locations, form of the records, clarifications to the initial request, and other material information. The Gorge Commission will share any search and disclosure plan with the requestor to confirm that the plan responds to the initial or clarified request.

(3) Additional time required to respond to a request may be based upon the need to further clarify the request, locate and assemble the information requested, minimize interference with or disruption to other essential Gorge Commission functions, notify third persons or agencies affected by the request, or determine whether any of the information requested is exempt and that a redaction or denial should be made as to all or part of the request.

(4) The Gorge Commission will process requests in the order in which they are received. The Gorge Commission may modify this approach as necessary to ensure that requests that seek larger volumes of records, require closer review, or are otherwise more time consuming, do not unreasonably delay simpler, more routine requests.

(5) When it appears that the number of records responsive to a request may be large, that the process of locating, assembling, or reviewing the records may be lengthy, or that it is otherwise appropriate, the Gorge Commission may choose to provide records on a partial or installment basis. The Gorge Commission need not locate and assemble records responsive to a subsequent installment until the previous installment is claimed or inspected. If an installment is not claimed or inspected within ten business days of notice of availability, the Gorge Commission need not respond further and will close the request.

(6) When electronic records are requested.

(a) The Gorge Commission will provide copies of electronic records in the form requested, if available. If the public record is not available in the form requested, the Gorge Commission will provide the record in the form in which it is maintained or, at Gorge Commission’s discretion, in a format that is reasonably translatable from the format in which the Gorge Commission keeps the records.

(b) When metadata is requested, the Gorge Commission will provide the records in a native file format that preserves metadata where technically feasible. Metadata may be unavailable for records that require conversion to a nonnative format in order to provide or to apply exemptions.

(c) If the Gorge Commission translates a record into an alternative electronic format at the request of a requestor, the copy created does not constitute the creation of a new public record for purposes of this chapter. Scanning paper records to make electronic copies of such records is a method of copying paper records and does not constitute the creation of a new public record.

(d) The Gorge Commission may use reasonable procedures and technology necessary for the protection of electronic records and to prevent interference with the regular discharge of duties of the Gorge Commission.

(7) The Gorge Commission shall not deny a request for identifiable public records solely on the basis that the request is overbroad.

(8) If a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the Gorge Commission shall retain possession of the record, and may not destroy or erase the record until the request is resolved.

(9) Costs of Providing Public Records

(a) The Gorge Commission does not charge a fee for the inspection of public records or locating public documents and making them available for copying.

(b) The Gorge Commission may charge a reasonable fee for providing copies of public records. The Gorge Commission declares for the following reasons that it would be unduly burdensome to calculate the actual costs it charges for providing copies of public records: Funds are not allocated for performing an initial study to calculate such actual costs and periodic updates to such a study, and the Gorge Commission lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions. The Gorge Commission may charge fees for production of copies of public records, which includes shipping, consistent with the fee schedule as published on the Gorge Commission’s website at www.gorgecommission.org.

(c) The Gorge Commission will charge the actual amount charged by an external vendor for records copied or scanned by that vendor, including records in nonstandard sizes or formats. The Gorge Commission will also charge the actual amount of shipping records to and from the vendor and actual travel expenses, including mileage, tolls, and parking fees. The Gorge Commission will provide an estimate of the amount charged by the external vendor and shipping and travel costs.

(d) Before copying public records, the Gorge Commission may require a deposit of up to ten percent of the estimated costs of copying all of the records. The Gorge Commission may also require payment of the remainder of the copying costs before providing all of the records, or the payment of costs of copying an installment before providing the installment.

(e) At the Gorge Commission’s sole discretion, the Gorge Commission may provide customized electronic access to public records if the Gorge Commission estimates that the request would require the use of information technology expertise to prepare data compilations or provide customized electronic access services when such compilations and customized access services are not used by the Gorge Commission for other agency purposes. The Gorge Commission will charge the actual costs, including staff time, necessary to reimburse the agency for providing customized electronic access services.

(f) The Gorge Commission will not release any requested copies of public records unless and until the requestor has paid all copying and other charges as set forth in this section.

(g) The Gorge Commission may waive any charges for providing public records at the discretion of the Executive Director of the Gorge Commission. This determination will be made on a case-by-case basis at the Executive Director’s sole discretion.

(10) Denial of public records request. When the Gorge Commission denies a request for inspection of a public record in whole or part, it must provide a statement of the specific exemption from this division or other law authorizing the denial.

(11) Review of the Gorge Commission’s production of public records.

(a) A requestor who believes the Gorge Commission did not provide all responsive documents may petition the Executive Director to review the Gorge Commission’s production of public records. The written request must specify what records the requestor believes were omitted, if known, and the basis for the requestor’s belief that the Gorge Commission did not produce all responsive records.

(b) A requestor who objects to the denial of a request for a public record may petition the Executive Director to review the denial. The written request must identify the documents that were not produced, include the written statement which accompanied the denial and explain why the requestor believes the denial was in error.

(c) Requestors shall file a petition in accordance with subsections (a) or (b) of this section within 14 days after the date the requestor inspects the requested records at the Gorge Commission’s office, the date the Gorge Commission sends the records to the requestor, or the date of the denial of a request. Petitions pursuant to subsections (a) and (b) of this section shall be sent to the Executive Director of the Gorge Commission at the mailing or email address in 350-012-0040(2).

(d) The Executive Director shall consider the petition and either affirm or reverse the denial. Within five business days following receipt of the requestor’s petition for review, the Executive Director will notify the requestor of the decision or notify the requestor if more time is required to consider the petition. The Executive Director may delegate consideration of a petition to another member of the Gorge Commission staff.

(12) Protection of public records.

(a) Requestors may not remove any public record from the Gorge Commission's office. Requestors may remove copies of records that the Gorge Commission specifically provides to the requestor to take away from the Gorge Commission’s office.

(b) Requestors must have a designated Gorge Commission employee present while inspecting a public record.

(d) Requestors may not dismantle or change the order of public records that are stapled, paper-clipped, or maintained in a notebook, file, or jacket, or in chronological or other filing order.

(e) Access to file cabinets, shelves, vaults, or other storage areas is restricted to Gorge Commission personnel unless other arrangements are made with the Executive Director.

(f) The right to inspect original public records does not require the Gorge Commission to allow inspection of an original record that contains some information exempt from disclosure. In such case, the Gorge Commission will provide a copy of the original with the exempt material redacted.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-012-0070 Public Records Exempt from Disclosure

(1) The following public records are exempt from disclosure under this division unless the public interest requires disclosure in the particular instance:

(a) Records of the Gorge Commission pertaining to litigation to which the Gorge Commission is a party if the complaint has been filed, or if the compliant has not been filed, if the Gorge Commission shows that such litigation is reasonably likely to occur. This exemption does not apply to litigation which has been concluded, and nothing in this paragraph shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation;

(b) Trade secrets. “Trade secrets,” as used in this subsection, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or service or to locate minerals or other substances, having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it;

(d) Investigatory information relating to any complaint filed relating to unlawful employment practices until such time as the complaint is resolved, or a final administrative determination is made;

(e) A personnel discipline action, or materials or documents supporting that action;

(f) Sensitive fish, wildlife, and plant data. Sensitive fish, wildlife, and plant data may be released to the following entities and their agents for fish, wildlife, plant, and land management purposes, or scientific research needs: Governments agencies, public utilities, and accredited colleges and universities. Sensitive fish, wildlife, and plant data may be released to tribal governments. Sensitive fish, wildlife, and plant data may also be released to the owner, lessee, or right-of-way or easement holder of private land to which the data pertains. The release of sensitive fish, wildlife, and plant data may be subject to a confidentiality agreement, except upon release of sensitive fish, wildlife, and plant data to the owner, lessee, or right-of-way or easement holder of private land who initially provided the data. Sensitive fish, wildlife, and plant data does not include data related to reports of predatory wildlife posted on the Washington Department of Fish of Wildlife’s internet web site. Sensitive fish, wildlife, and plant data must meet at least one of the following criteria as applied by the Gorge Commission:

(A) The nesting sites or specific locations of endangered, threatened or sensitive species listed in the Management Plan or otherwise designated by the appropriate agencies in Oregon and Washington;

(B) Radio frequencies used in or locational data generated by telemetry studies;

(C) Other location data that could compromise the viability of a specific fish, wildlife or plant population and where one or more of the following criteria are met:

(i) The species has a known commercial or black market value;

(ii) There is a history of malicious take of that species and the species behavior or ecology renders it especially vulnerable;

(iii) There is a known demand to visit, take, or disturb the species; or

(iv) The species has an extremely limited distribution and concentration.

(g) Records or information that would reveal or otherwise identify security measures, or weaknesses or potential weaknesses in security measures, taken or recommended to be taken to protect:

(A) An individual;

(B) Buildings or other property; or

(C) Information processing, communication or telecommunication systems, including the information contained in the systems.

(h) Lists of individuals requested for commercial purposes.

(i) Any other record that is conditionally exempt from disclosure as specified in ORS 192.345.

(2) The following public records are exempt from disclosure under this division:

(a) Communications within the Gorge Commission or between the Gorge Commission and another public body of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final agency determination of policy or action. This exemption shall not apply unless the Gorge Commission shows that in the particular instance the public interest in encouraging frank communication between officials and employees of the Gorge Commission clearly outweighs the public interest in disclosure.

(b) Information of a personal nature such as but not limited to that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. The party seeking disclosure shall have the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.

(c) Information submitted to the Gorge Commission in confidence and not otherwise required by law to be submitted, where such information should reasonably be considered confidential, the Gorge Commission has obliged itself in good faith not to disclose the information, and when the public interest would suffer by the disclosure.

(d) Any public records or information the disclosure of which is prohibited by federal or state law or regulations, including location of archaeological sites or objects pursuant to 16 U.S.C. § 544d(a)(1)(A), traditional cultural practices, enjoyment of treaty reserved rights, the locations of traditional sites, structures, lands, and places of cultural and spiritual significance that a tribe holds sacred, and similar sensitive information. This exemption does not apply when the governing body of an Indian tribe requests the information and the need for the information is related to that Indian tribe’s cultural or religious activities.

(e) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential or privileged under Oregon or Washington law.

(f) Public records or information described in this section, furnished by the Gorge Commission to any other public officer or public body in connection with performance of the duties of the recipient, if the considerations originally giving rise to the confidential or exempt nature of the public records or information remain applicable.

(g) Information about review or approval of programs relating to the security of:

(A) Generation, storage or conveyance of:

(i) Electricity;

(ii) Gas in liquefied or gaseous form;

(iii) Hazardous substances as defined by Oregon or Washington state law;

(iv) Petroleum products;

(v) Sewage; or

(vi) Water;

(B) Telecommunications systems, including cellular, wireless or radio systems.

(h) Records of mediation communications that are privileged under the Uniform Mediation Act.

(i) Information gathered for the purpose of preparing a small business impact statement or an analysis of significant rules as required by the states’ rulemaking requirements that can be identified to a particular business.

(j) Records in violation of a user agreement or license that prohibits the Gorge Commission from disclosing such records. The Gorge Commission shall refer persons to the creator of the record if the Gorge Commission has obtained the records through agreement or license, or for which the Gorge Commission was charged a fee, other than a nominal fee for reimbursement of duplicating costs, for the record.

(3) If any public record contains material that is not exempt under section (1) or (2) of this rule, as well as material that is exempt from disclosure, the Gorge Commission shall separate the exempt and nonexempt material and make the nonexempt material available for examination.

(4) An individual may submit a written request to the Gorge Commission not to disclose a specified public record indicating the home address or personal telephone number of the individual. The Gorge Commission shall not disclose the specified public record if the individual demonstrates to the satisfaction of the Gorge Commission that the personal safety of the individual or the personal safety of a family member residing with the individual is in danger if the home address or personal telephone number remains available for public inspection.

(a) A request described in section (4) shall remain effective until the Gorge Commission receives a written request for termination but no later than five years after the date that the Gorge Commission receives the request.

(b) The Gorge Commission may disclose a home address or personal telephone number of an individual exempt from disclosure under section (4) upon court order, on request from any law enforcement agency or with the consent of the individual.

(c) The Gorge Commission shall not be held liable for granting or denying an exemption from disclosure under this section or any other unauthorized release of a home address or personal telephone number granted an exemption from disclosure under this section.

(5) Notwithstanding the exemptions in sections (1) and (2) of this rule, public records that are more than 25 years old shall be available for inspection, except for records the disclosure of which is prohibited by federal or state law or regulations.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-012-0080 Public Records Officer

The Gorge Commission’s Executive Director or their appointee shall serve as the Gorge Commission’s public records officer whose responsibility is to serve as a point of contact for members of the public in requesting disclosure of public records and to oversee the Gorge Commission’s compliance with the public records disclosure requirement of this division.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-012-0090 Enforcement

Enforcement of this division is governed by the judicial review provisions of the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544m, and applicable court rules.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 U.S.C. 544c(b) & 16 U.S.C. 544m
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. 544c(b) & 16 U.S.C. 544m
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Division 13

Or. Admin. R. 350-013-0001 Financial Disclosure

The members of the commission shall file annual financial disclosure forms with their respective state.

History

CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
CRGC 2-1987, f. 12-7-87, ef. 12-8-87
CRGC 1-1987(Temp), f. & ef. 9-10-87

Division 14 CONFLICT OF INTEREST

Or. Admin. R. 350-014-0010 Definitions for Division 14 of the Gorge Commission's Rules

(1) “Action” means any action on the part of the Gorge Commission, including:

(a) A decision, determination, finding, ruling or order; and

(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.

(2) “Appearance” means the act of performing or participating in an event.

(3) “Assist” means to act, or offer or agree to act, in such a way as to help, aid, advise, furnish information to, or otherwise provide assistance to another person, believing that the action is of help, aid, advice, or assistance to the person and with intent so to assist such person. “Assist” does not include referring, without recommending, a person to other persons or sources of advice and information, and other non-substantive advice or assistance, consistent with 350-014-0110.

(4) “Beneficial interest” means a financial interest in a contract, sale, lease, purchase, or grant to which an individual subject to the act is not a party but is an owner of an entity that is a party. An ownership interest of less than 10 percent of an entity is not a beneficial interest. However, an ownership interest in a mutual fund or similar investment pooling fund in which the owner has no management powers does not constitute a beneficial interest in the entities in which the fund or pool invests.

(5) “Business” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual and any other legal entity operated for economic gain but excluding any income-producing not-for-profit corporation that is tax exempt under section 501(c) of the Internal Revenue Code with which a public official or a relative of the public official is associated only as a member or board director or in a nonremunerative capacity.

(6) “Business with which the person is associated” means:

(a) Any private business or closely held corporation of which the person or the person’s relative is a director, officer, owner, or employee, or agent or any private business or closely held corporation in which the person or the person’s relative owns or has owned stock worth $1,000 or more at any point in the preceding calendar year.

(b) Any publicly held corporation in which the person or the person’s relative owns or has owned $100,000 or more in stock or another form of equity interest, stock options or debt instruments at any point in the preceding calendar year;

(d) For members of the Gorge Commission required to file a statement of economic interest under ORS 244.050 or RCW chapter 29B, any business listed as a source of income as required under ORS 244.060(3) or RCW 29B.55.030(1)(d).

(7) “Compensation” means anything of economic value, however designated, that is paid, loaned, granted, or transferred, or to be paid, loaned, granted, or transferred for, or in consideration of, personal services to any person.

(8) “Gorge Commission” means the Columbia River Gorge Commission.

(9) “Gift” means:

(a) Something of economic value given to a public official or a relative or member of the public official’s household:

(A) Without valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or the relatives or members of the household of public officials on the same terms and conditions; or

(B) For valuable consideration less than that required from others who are not public officials.

(b) “Gift” does not mean:

(A) Gifts from relatives or members of the household of the public official.

(B) An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item, with a resale value reasonably expected to be less than $25.

(C) Informational or program material, publications or subscriptions related to the recipient’s performance of official duties.

(D) Admission provided to or the cost of food or beverage consumed by a public official, a relative of the public official accompanying the public official, a member of the household of the public official accompanying the public official at a reception, meal or meeting held by an organization when the public official represents the Gorge Commission.

(E) Reasonable expenses paid by any unit of the federal government, a state or local government, a Native American tribe that is recognized by federal law or formally acknowledged by a state, a membership organization to which the Gorge Commission pays membership dues or a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code, for attendance at a convention, fact-finding mission or trip, conference or other meeting if the public official is scheduled to deliver a speech, make a presentation, participate on a panel or represent the Gorge Commission.

(F) Waiver or discount of registration expenses or materials provided to a public official or candidate at a continuing education event that the public official may attend to satisfy a professional licensing requirement.

(G) Expenses provided by one public official to another public official for travel inside Oregon or Washington to or from an event that bears a relationship to the receiving public official’s office and at which the official participates in an official capacity.

(H) Food or beverage consumed by a public official at a reception where the food or beverage is provided as an incidental part of the reception and no cost is placed on the food or beverage.

(I) Entertainment provided to a public official or a relative or member of the household of the public official that is incidental to the main purpose of another event.

(J) Entertainment provided to a public official or a relative or member of the household of the public official where the public official is acting in an official capacity while representing the Gorge Commission or that is incidental to the main purpose of another event.

(K) Food, beverages or both provided to a public official by a public body during meetings or other official events held by the public body or as otherwise required to be provided by law or rule of Oregon or Washington.

(L) Merchandise provided to a public official by a public body if the cost of the merchandise does not exceed $100 in a calendar year.

(M) Anything of economic value offered to or solicited or received by a public official or a relative or member of the household of the public official:

(i) As part of the usual and customary practice of the person’s private business, or the person’s employment or position as a volunteer with a private business, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, not-for-profit corporation or other legal entity operated for economic value; and

(ii) That bears no relationship to the public official’s holding of the official position.

(10) “Honorarium” means money or thing of value offered to a public official for a speech, appearance, article, or similar item or activity in connection with the public official’s official duty.

(11) “Income” means income of any nature derived from any source, including any salary, wage, advance, payment, dividend, interest, rent, honorarium, return of capital, forgiveness of indebtedness, or anything of economic value.

(12) “Legislative or administrative interest” means an economic interest, distinct from that of the general public, in any matter subject to the decision or vote of the public official acting in the public official’s capacity as a public official.

(13) “Member of household” means the spouse or domestic partner of the public official, and any dependent children or dependent relatives of either who reside with the public official.

(14) “Official duty” means those duties within the specific scope of employment or appointment of the public official as defined by the Gorge Commission, a public official of the Gorge Commission, Gorge Commission rule, or other law.

(15) “Official position” means holding an office or having authority.

(16) “Participate” means to participate in action or a proceeding personally and substantially as a public official, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or otherwise.

(17) “Person” means any individual, partnership, association, corporation, firm, institution, or other entity, whether or not operated for profit.

(18) “Potential conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following:

(a) An interest or membership in a particular business, industry, occupation, or other class required by law as a prerequisite to the holding by the person of the office or position.

(b) Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of Oregon or Washington or both, or a smaller class consisting of an industry, occupation, or other group including one of which or in which the person, or the person’s relative or business with which the person or person’s relative is associated, is a member or is engaged.

(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code.

(19) “Public official” means any person who is serving in a governmental capacity for the Gorge Commission as an officer, employee, agent or otherwise, and irrespective of whether the person is compensated for such services.

(20) “Relative” means:

(a) The spouse, parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in-law of the public official;

(b) The parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in-law of the spouse of the public official;

(d) Any individual for whom the public official provides benefits arising from the public official’s public employment or from whom the public official receives benefits arising from that individual’s employment; or

(21) “Thing of economic value,” in addition to its ordinary meaning, includes:

(a) A loan, property interest, interest in a contract or other chose in action, and employment or another arrangement involving a right to compensation;

(b) An option, irrespective of the conditions to the exercise of the option; and

(22) “Transaction involving the Gorge Commission” means:

(a) A proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that a current or former public official, as defined in this division, believes, or has reason to believe:

(A) Is, or will be, the subject of Gorge Commission action; or

(B) Is one to which the Gorge Commission is or will be a party; or

(b) “Transaction involving the Gorge Commission” does not include the following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by an officer or employee; or a claim, case, lawsuit, or similar matter if the officer or employee did not participate in the underlying transaction involving the Gorge Commission that is the basis for the claim, case, or lawsuit.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0020 Application

(1) Generally, this division applies to current public officials of the Gorge Commission and to relatives and members of a public official’s household as specified in each provision; however, many of the limitations on current public officials also apply to former public officials, such as limitations on assisting in transactions, having a direct financial benefit in a contract, and employment after public service. Former public officials of the Gorge Commission are advised to seek legal advice on the applicability of and compliance with Oregon and Washington law concerning their limitations after public service.

(2) Nothing in this division is intended to affect:

(a) Any other statute or rule requiring disclosure of economic interest by a public official or public employee.

(b) Any statute or rule prohibiting or authorizing specific conduct on the part of any public official or public employee.

(3) This division does not prevent a public official from giving testimony under oath or from making a statement required to be made under penalty of perjury or contempt.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0030 Activities Incompatible with Official Duties

(1) No public official may have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the public official’s official duties.

(2) A public official may not use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment for the public official, a relative or member of the household of the public official, or any business with which the public official or a relative or member of the household of the public official is associated, if the financial gain or avoidance of financial detriment would not otherwise be available but for the public official’s holding of the official position or office.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0040 Beneficial Interests in Transactions

(1) No public official may have a beneficial interest in a contract, sale, lease, purchase, or grant that may be made by, through, or is under the supervision of the official, in whole or in part, or accept any compensation, gratuity, or reward from any other person who has a beneficial interest in the contract, sale, lease, purchase, or grant.

(2) No public official may participate in a transaction involving the Gorge Commission in his or her official capacity with a person of which the official is an officer, agent, employee, or member, or in which the official owns a beneficial interest.

(3) Except as required to perform duties within the scope of employment, no state officer or state employee may use his or her position to secure special privileges or exemptions for himself or herself, or his or her spouse, child, parents, or other persons.

(4) No public official may solicit or receive, either directly or indirectly, and a person may not offer or give to any public official any pledge or promise of future employment, based on any understanding that the vote, official action or judgment of the public official would be influenced by the pledge or promise.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0050 Assisting in Transactions

(1) Except in the course of official duties or incident to official duties, a public official, as defined in this division, may not assist another person, directly or indirectly, whether or not for compensation, in a transaction involving the Gorge Commission:

(a) In which the public official has at any time participated; or

(b) If the transaction involving the Gorge Commission is or has been under the official responsibility of the public official within a period of two years preceding such assistance.

(2) No public official may share in compensation received by another for assistance that the officer or employee is prohibited from providing under section (1) or (3) of this rule.

(3) A business entity of which a public official is a partner, managing officer, or employee shall not assist another person in a transaction involving the Gorge Commission if the public official is prohibited from doing so by section (1) of this rule.

(4) This rule does not prevent a public official from assisting in a transaction involving the Gorge Commission:

(a) The public official’s parent, spouse, or child, or a child thereof for whom the public official is serving as guardian, executor, administrator, trustee, or other personal fiduciary, if the public official did not participate in the transaction; or

(b) Another employee involved in disciplinary or other personnel administration proceedings.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0060 Confidential Information – Improperly Concealed Records

(1) No current or former public official may accept employment or engage in any business or professional activity that the official might reasonably expect would require or induce them to make an unauthorized disclosure of confidential information acquired by the official by reason of the official’s official position.

(2) No current or former public official may make a disclosure of confidential information gained by reason of the official’s official position or otherwise use the information for their personal gain or benefit or the gain or benefit of another, unless the disclosure has been authorized by statute or by the terms of a contract involving (a) the Gorge Commission and (b) the person or persons who have authority to waive the confidentiality of the information.

(3) No current or former public official may disclose confidential information to any person not entitled or authorized to receive the information.

(4) No current or former public official may intentionally conceal a record if the official knew the record was required to be released under Commission Rule chapter 350, division 12, was under a personal obligation to release the record, and failed to do so. This section does not apply where the decision to withhold the record was made in good faith.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0070 Compensation for Official Duties or Nonperformance

No public official may, directly or indirectly, ask for or give or receive or agree to receive any compensation, gift, reward, or gratuity from a source for performing or omitting or deferring the performance of any official duty, unless otherwise authorized by law except an official compensation package as determined by the Gorge Commission.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0080 Compensation for Outside Activities

(1) No employee of the Gorge Commission may receive any thing of economic value under any contract or grant outside of their official duties. The prohibition in this section does not apply where the employee has met each of the following conditions:

(a) The contract or grant is bona fide and actually performed;

(b) The performance or administration of the contract or grant is not within the course of the employee’s official duties, or is not under the employee’s supervision;

(c) The performance of the contract or grant is not prohibited by Commission Rule 350-014-0050 or by applicable laws or rules governing outside employment for the employee;

(d) The contract or grant is neither performed for nor compensated by any person from whom such employee would be prohibited by this division from receiving a gift;

(e) The contract or grant is not one expressly created or authorized by the employee in their official capacity;

(f) The contract or grant would not require unauthorized disclosure of confidential information.

(2) In addition to satisfying the requirements of section (1) of this rule, an employee may have a beneficial interest in a grant or contract or a series of substantially identical contracts or grants with the Gorge Commission only if:

(a) The contract or grant is awarded or issued as a result of an open and competitive bidding process in which more than one bid or grant application was received; or

(b) The contract or grant is awarded or issued as a result of an open and competitive bidding or selection process in which the employee’s bid or proposal was the only bid or proposal received and the employee has been advised by the executive director of the Gorge Commission, the Gorge Commission’s counsel, or appropriate ethics board, before execution of the contract or grant, that the contract or grant would not be in conflict with the proper discharge of the employee’s official duties; or

(c) The process for awarding the contract or issuing the grant is not open and competitive, but the employee has been advised by the executive director of the Gorge Commission, the Gorge Commission’s counsel, or appropriate ethics board after the contract or grant has been awarded that the contract or grant would not be in conflict with the proper discharge of the employee’s official duties.

(3) An employee awarded a contract or issued a grant in compliance with subsection (2) of this section shall file the contract or grant with the Gorge Commission within thirty days after the date of execution; however, if proprietary formulae, designs, drawings, or research are included in the contract or grant, the proprietary formulae, designs, drawings, or research may be deleted from the contract or grant filed with the Gorge Commission.

(4) This section does not prevent an employee from receiving compensation contributed from the treasury of the United States, another state, county, or municipality if the compensation is received pursuant to arrangements entered into between such state, county, municipality, or the United States and the Gorge Commission. This section does not prohibit an employee from serving or performing any duties under an employment contract with a governmental entity.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0090 Honoraria

(1) No public official or member of the public official’s household may solicit or receive, whether directly or indirectly, honoraria unless specifically authorized by the Gorge Commission.

(2) The Gorge Commission may not permit honoraria under the following circumstances:

(a) The person offering the honorarium is seeking or is reasonably expected to seek contractual relations with or a grant from the Gorge Commission, and the public official is in a position to participate in the terms or the award of the contract or grant;

(b) The person offering the honorarium is regulated by the Gorge Commission and the public official is in a position to participate in the regulation; or

(A) Is seeking or opposing or is reasonably likely to seek or oppose enactment of legislation or adoption of administrative rules or actions, or policy changes by the Gorge Commission; and

(B) The public official may participate in the enactment or adoption of the legislation or administrative rules or policy changes.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0100 Gifts

During a calendar year, a public official, a candidate or a relative or member of the household of the public official or candidate may not solicit or receive, directly or indirectly, any gift or gifts with an aggregate value in excess of $50 from any single source that could reasonably be known to have a legislative or administrative interest.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0110 Use of Person, Money or Property for Private Gain

(1) No public officer or employee may employ or use any person, money, or property under the officer's or employee’s official control or direction, or in his or her official custody, for the private benefit or gain of the officer, employee, or another.

(2) This rule does not prohibit the use of public resources to benefit others as part of a public official’s official duties or in situations for which the appropriate state ethics board in Washington or Oregon has adopted rules, policies, or an opinion providing for an exception to the use of public resources for occasional use with de minimis cost and value and the activity does not interfere with the proper performance of official duties.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0120 Declaration of Potential Conflicts – Methods of Handling Potential Conflicts

(1) When met with an actual or potential conflict of interest, a member of the Gorge Commission shall:

(a) When met with a potential conflict of interest, announce publicly the nature of the potential conflict prior to taking any official action thereon in the capacity of a public official; or

(b) When met with an actual conflict of interest, announce publicly the nature of the actual conflict and:

(A) Except as provided in paragraph (B) of this subsection, refrain from participating as a public official in any discussion and debate on the issue out of which the actual conflict arises and from voting on the issue.

(B) If a member of the Gorge Commission’s vote is necessary to satisfy the quorum requirement in 16 U.S.C. § 544c(a)(4), be eligible to vote, but not to participate in any discussion or debate on the issues out of which the actual conflict arises.

(2) Nothing in section (1) of this rule requires any public official to announce a potential conflict of interest more than once on the occasion which the matter out of which the conflict arises is discussed or debated.

(3) Nothing in this section authorizes a public official to vote if the official is otherwise prohibited from doing so.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-014-0130 Ex Parte Communications, Bias, and Appearance of Fairness

The Gorge Commission’s rules governing ex parte communications, bias, and appearance of fairness standards are contained in division 16 of the Gorge Commission’s rules.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Division 15 PUBLIC CONTRACTING

Or. Admin. R. 350-015-0100 Public Contracting

For reasons of efficiency, and to avoid a piecemeal approach to public contracting administration, the Commission shall conduct public contracting in accordance with the public contracting law of the State of Washington. The Commission deems the public contracting law of the State of Washington as a total package to be equivalent in its degree of restrictiveness to the public contracting law of the State of Oregon.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.016 & 16 USC 544c(b)
CRGC 2-2008, f. 11-4-08, cert. ef. 12-15-08

Division 16 ADMINISTRATIVE PROCEDURES

Or. Admin. R. 350-016-0010 Application of Division; General Provisions

(1) Application of this division

(a) The rulemaking provisions of this division apply when the Gorge Commission enacts administrative rules as required by 16 U.S.C. § 544c(b) and other administrative rules that establish mandatory procedures and standards and interpretations of the National Scenic Area Act.

(b) The rulemaking provisions do not apply to the adoption of the Management Plan. The procedure for adopting the Management Plan is specified in 16 U.S.C. § 544d.

(A) Proceedings pursuant to Gorge Commission rules chapter 350, divisions 30, 40, 50, 60, and 70, except where the rules in those divisions specify a different procedure or standard, and

(B) Proceedings for quasi-judicial decisions required by the National Scenic Area Act for which the Gorge Commission has not enacted rules governing the Gorge Commission decision, such as reviewing a county land use ordinance pursuant to 16 U.S.C. §§ 544e(b) and 544(f)(i).

(d) The contested case provisions of this division do not apply to decisions made pursuant to the Gorge Commission’s land use ordinance (chapter 350, division 82). The contested case provisions of this division do not apply to rulemaking proceedings.

(2) The Gorge Commission shall prepare its public writings in language that is as clear and simple as possible. As used in this section, “public writing” means any rule, form, license, or notice prepared by the Gorge Commission.

(3) Delegation for contested case proceedings

(a) The Gorge Commission may delegate authority to enter a final order in a contested case proceeding or class of contested case proceedings to the Executive Director or other employee of the Gorge Commission. A delegation of authority under this section must be made in writing before the issuance of any order pursuant to the delegation and must be retained in the Gorge Commission’s record. A rule authorizing the Executive Director or other employee of the Gorge Commission to issue an order constitutes a delegation of authority pursuant to this subsection.

(b) References in this division to the Gorge Commission, a member of the Gorge Commission, or presiding officer include the Executive Director or other employee of the Gorge Commission as specified in a delegation.

(4) Representation by an attorney and attorney appearances in contested case proceedings.

(a) In a contested case, an individual may appear before the Gorge Commission on their own behalf or may be represented by an attorney. A corporation or other organization shall be represented by an attorney.

(b) The following attorneys may represent an individual, corporation, or other organization and appear before the Gorge Commission regardless of whether the Gorge Commission convenes a matter in Oregon or Washington:

(A) Members of the Oregon State Bar;

(B) Members of the Washington State Bar Association;

(C) Attorneys employed by and representing the federal government (including Assistant U.S. Attorneys and U.S. Forest Service Office of General Counsel attorneys) even if not a member of the Oregon State Bar or Washington State Bar Association; and

(D) An attorney who has already appeared pro hac vice on a related matter arising out of the same set of facts, upon filing with the Gorge Commission a copy of the court’s order granting pro hac vice in the related matter. Appearance before the Gorge Commission pro hac vice on a matter before the Gorge Commission does not grant pro hac vice status to an attorney to appear before a court on judicial review of a Gorge Commission final order.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, amend filed 07/22/2026, effective 09/01/2026
CRGC 2-1990, f. & cert. ef. 5-21-90
CRGC 1-1990, f. & cert. ef. 1-16-90
CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89
CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89
Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87
CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89
CRGC 2-1987, f. 12-7-87, ef. 12-8-87
CRGC 1-1987(Temp), f. & ef. 9-10-87

Or. Admin. R. 350-016-0020 Definitions for Division 16 of the Gorge Commission's Rules

(1) “Gorge Commission” means the Columbia River Gorge Commission or any officer or delegated person authorized by the Gorge Commission as the context may suggest.

(2) “Contested case” means:

(a) A proceeding before the Gorge Commission:

(A) In which the individual legal rights, duties, or privileges of specific parties are required by statute or Constitution to be determined only after a hearing at which such specific parties are entitled to appear and to be heard;

(B) Where the Gorge Commission has discretion to suspend or revoke a right or privilege of a person; or

(C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing.

(b) “Contested case” does not include proceedings in which a Gorge Commission decision rests solely on the result of a test.

(3) “Individual with a disability” means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment.

(4) “License” includes the whole or part of any Gorge Commission permit, certificate, approval, registration, or similar form of permission required by law to pursue any commercial activity, trade, occupation or profession.

(5) “Non-English speaking” person means a person who, by reason of place of birth or culture, speaks a language other than English and does not speak English with adequate ability to communicate effectively in the proceedings.

(6) “Order” and “Final Order”

(a) “Order” means any Gorge Commission action expressed orally or in writing directed to a named person or named persons, other than employees, officers or members of the Gorge Commission. “Order” includes any Gorge Commission determination or decisions issued in connection with a contested case proceeding.

(b) “Final order” means final Gorge Commission action expressed in writing. “Final order” does not include any tentative or preliminary Gorge Commission declaration or statement that:

(A) Precedes final Gorge Commission action; or

(B) Does not preclude further Gorge Commission consideration of the subject matter of the statement or declaration.

(7) “Party” means:

(a) Each person or agency entitled as of right to a hearing before the Gorge Commission;

(b) Each person or agency named by the Gorge Commission to be a party; or

(c) Any person requesting to participate before the Gorge Commission as a party, which the Gorge Commission determines either has an interest in the outcome of the Gorge Commission’s proceeding or represents a public interest in such result.

(8) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the Gorge Commission.

(9) “Rule” means any Gorge Commission directive, standard, regulation, or statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the Gorge Commission. The term includes the amendment or repeal of a prior rule, but does not include:

(a) Unless a hearing is required by statute, internal management directives, regulations, or statements which do not substantially affect the interests of the public:

(A) Between agencies, or their officers or their employees; or

(B) Within the Gorge Commission, between its officers or between employees;

(b) Action by the Gorge Commission directed to other agencies or other units of government which do not substantially affect the interests of the public;

(d) Intra-agency memoranda.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, amend filed 07/22/2026, effective 09/01/2026
CRGC 2-1990, f. & cert. ef. 5-21-90
CRGC 1-1990, f. & cert. ef. 1-16-90
CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89
CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89
Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87
CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89
CRGC 2-1987, f. 12-7-87, ef. 12-8-87
CRGC 1-1987(Temp), f. & ef. 9-10-87

Or. Admin. R. 350-016-0030 Rules Coordinator; Rulemaking Agenda; Rulemaking Docket

(1) The Gorge Commission shall appoint a rules coordinator and file a copy of that appointment as required by the Oregon Secretary of State and Washington Code Reviser. The rules coordinator shall:

(a) Maintain copies of all rules adopted by the agency and be able to provide information to the public about the status of those rules;

(b) Provide information to the public on all rulemaking proceedings of the agency; and

(2) The Gorge Commission shall prepare a semiannual agenda for rules under development. The Gorge Commission need not prepare an agenda if no rules are under development or anticipated. The Gorge Commission shall file the agenda with the Oregon Secretary of State and Washington Code Reviser for publication in the Oregon Bulletin and Washington State Register not later than January 31st and July 31st of each year. Not later than three days after filing the notice, the Gorge Commission shall send a copy of the agenda to each person who has requested receipt of a copy of the agenda.

(3) The Gorge Commission shall maintain a current public rulemaking docket of each pending rulemaking proceeding beginning when the Gorge Commission publishes a notice of proposed rulemaking. The Gorge Commission shall include on its website the complete text of proposed rules, emergency or temporary rules, and permanent rules proposed or adopted within the past twelve months or include direct links to the same information on the websites containing the Oregon Bulletin and Washington State Register. The rulemaking docket shall contain the following information:

(a) The name and address of agency personnel responsible for the proposed rule;

(b) The subject of the proposed rule;

(c) A citation to all notices relating to the proceeding that have been published in the Oregon Bulletin and Washington State Register;

(d) The place where written submissions about the proposed rule may be inspected;

(e) The time during which written submissions will be accepted; and

(f) The current timetable established for the agency proceeding, including the time and place of any rule-making hearing, the date of the rule's adoption, filing, publication, and its effective date.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0040 Notice; Content; Public Comment; Expedited Rule Adoption; Emergency Rule Adoption; Amendment or Repeal; Substantial Compliance Required

(1) Prior to the adoption, amendment or repeal of any rule, the Gorge Commission shall give notice of its intended and final actions. As applicable by each state’s individual notice requirements and time periods, the Gorge Commission shall use each state’s notice forms, submit the information required, and fulfill other requirements for publication of rulemaking actions in the Oregon Bulletin and the Washington State Register.

(2) When the Gorge Commission proposes to adopt, amend or repeal a rule, it shall give interested persons reasonable opportunity to submit data or views at a public hearing, except when the Gorge Commission uses expedited or emergency rulemaking procedures in subsections (3) and (4) of this section. The Gorge Commission shall consider fully any written or oral submissions.

(3) Expedited Rulemaking.

(a) The Gorge Commission may file notice for the expedited adoption of rules meeting any one of the following criteria:

(A) The proposed rules relate only to internal governmental operations that are not subject to violation by a person;

(B) The proposed rules adopt or incorporate by reference without material change federal statutes or regulations, Washington or Oregon state statutes, or rules of other Washington or Oregon state agencies;

(i) Correct typographical errors;

(ii) Correct spelling or grammatical mistakes;

(iii) Make address, phone, other contact information, or name changes;

(iv) Correct statutory or rule references;

(v) Change a term or phrase in order to conform with a change prescribed by law; or

(vi) Clarify language of a rule without changing its effect.

(D) The content of the proposed rules is explicitly and specifically dictated by statute; or

(E) The proposed rules have been the subject of negotiated rule making, pilot rule making, or some other process that involved substantial participation by interested parties before the development of the proposed rule.

(b) The Gorge Commission may file notice for the expedited repeal of rules meeting any one of the following criteria:

(A) The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule;

(B) The statute on which the rule is based has been declared unconstitutional by a court with jurisdiction, there is a final judgment, and no statute has been enacted to replace the unconstitutional statute;

(D) Other rules of the agency or of another agency govern the same activity as the rule, making the rule redundant.

(4) Emergency Rulemaking.

(a) The Gorge Commission may adopt or amend a rule without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, if the Gorge Commission prepares:

(A) A statement of its findings that its failure to act promptly will result in serious prejudice to the public interest or the interests of the parties concerned and the specific reasons of its findings of prejudice;

(B) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule;

(D) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the Gorge Commission in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspections.

(b) A rule adopted or amended under this section is temporary and may be effective for a period of not longer than 120 days. The adoption of a rule under this section does not preclude the subsequent adoption of an identical rule under sections (1) to (3) of this rule.

(5) Any person may request in writing, including electronic communication, that the Gorge Commission mail or provide electronically to the person copies of its notice of intended action given pursuant to section (1) of this rule. Upon receipt of any request the Gorge Commission shall acknowledge the request, establish a mailing list and maintain a record of all mailings made pursuant to the request.

(6) This rule does not apply to public contracts and purchasing.

(7) A rule is not valid unless adopted in substantial compliance with the provisions of this rule in effect on the date that the notice required under sections (1) to (4) of this rule is delivered to the Oregon Secretary of State and the Washington Code Reviser for the purpose of publication.

(8) Unless otherwise provided by statute, the adoption, amendment or repeal of a rule by the Gorge Commission need not be based upon or supported by an evidentiary record.

(9) The Gorge Commission may correct its failure to substantially comply with the requirements of sections (1) and (4) of this section in adoption of a rule by an amended filing, so long as the noncompliance did not substantially prejudice the interests of persons to be affected by the rule.

(10) When the Gorge Commission establishes a deadline for comment on a proposed rule, the Gorge Commission may not extend that deadline for another agency or person unless the extension applies equally to all interested agencies and persons. The Gorge Commission shall not consider any submission made after the final deadline has passed.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0050 Incorporation by Reference

The Gorge Commission may incorporate by reference and without publishing the incorporated matter in full, all or any part of a code, standard, rule, or regulation that has been adopted by an agency of the United States, by an agency of Oregon or Washington, by a political subdivision of Oregon or Washington, other government entity, or by a generally recognized organization or association if incorporation of the full text in the Gorge Commission’s rules would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in the Gorge Commission’s rules shall fully identify the incorporated matter. The Gorge Commission may incorporate by reference such matter in its rules only if the agency, organization, or association originally issuing that matter makes copies readily available to the public. The Gorge Commission shall have, maintain, and make available for public inspection a copy of the incorporated matter. The rule must state where copies of the incorporated matter are available.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0060 Filing and Taking Effect of Rules; Copies

(1) The Gorge Commission shall file in the office of the Oregon Secretary of State and Washington Code Reviser a certified copy of each rule adopted by it.

(2) A rule shall be effective no earlier than 30 days after the date of filing as required by section (1) of this rule, except that:

(a) If a later effective date is required by constitution, statute, or court order, the later date is the effective date.

(b) If a different effective date is specified in the rule and the Gorge Commission finds that action is necessary because of imminent peril to public health, safety or welfare, the specified date is the effective date.

(c) An emergency rule becomes effective upon filing with the Oregon Secretary of State and Washington Code Reviser, regardless of when the states publish the rule, or at a designated later date, only if the statement required by 350-016-0040(4)(a)(A) is filed with the rule. The Gorge Commission shall take appropriate measures to make emergency rules known to the persons who may be affected by them.

(3) When a rule is amended or repealed by the Gorge Commission, the Gorge Commission shall file a certified copy of the amendment or notice of repeal with the Oregon Secretary of State and Washington Code Reviser.

(4) A rule is not valid or effective against any person or party until the rule is filed in accordance with this rule. However, if the Gorge Commission, in disposing of a contested case, announces in its decision the adoption of a general policy applicable to such case and subsequent cases of like nature the Gorge Commission may rely upon such decision in disposition of later cases.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0070 Petitions Requesting Adoption of Rules

(1) An interested person may petition the Gorge Commission to request the Gorge Commission promulgate, amend, or repeal a rule. Not later than 60 days after the date of submission of a petition, the Gorge Commission shall:

(a) Deny the petition in writing stating the reasons for the denial, specifically addressing the concerns raised by the petitioner, and where appropriate the alternative means by which it will address the concerns raised by the petitioner; or

(b) Initiate rulemaking proceedings.

(2) A petition requesting the Gorge Commission to promulgate a new rule or amend a rule shall contain the proposed text of the rule.

(3) The Gorge Commission shall invite public comment on the petition, and shall specifically request public comment on alternatives to the petition for achieving the need expressed in the petition.

(4) In reviewing a petition subject to section (1) of this rule, the Gorge Commission shall consider:

(a) The continued need for the rule;

(b) The nature of complaints or comments received concerning the rule from the public;

(d) The extent to which the rule overlaps, duplicates or conflicts with other state rules or federal regulations and, to the extent feasible, with local government regulations;

(e) The degree to which technology, economic conditions or other factors have changed in the subject area affected by the rule; and

(f) The statutory citation or legal basis for the rule.

(5) In petitioning for repeal or amendment of a rule under this section, a person is encouraged to address one or more of the following considerations:

(a) Whether the rule is authorized;

(b) Whether the rule is needed;

(d) Whether alternatives to the rule exist that will serve the same purpose at less cost;

(e) Whether the rule applies differently to public and private entities;

(f) Whether the rule serves the purposes for which it was adopted;

(g) Whether the costs imposed by the rule are unreasonable;

(h) Whether the rule is clearly and simply stated;

(i) Whether the rule is different than a state or federal statute or regulation applicable to the same activity or subject matter without adequate justification;

(j) Whether the rule was adopted according to all applicable provisions of law;

(k) The nature of complaints or comments received concerning the rule from the public;

(l) The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the rule.

(6) A petition to request the Gorge Commission promulgate, amend, or repeal a rule does not apply to the Management Plan required in 16 U.S.C. § 544d or any Gorge Commission ordinance enacted pursuant to 16 U.S.C. §§ 544e(c) or 544f( l ).

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0080 Notice to Party Before Hearing of Rights and Procedure; Failure to Provide Notice

(1) At least 20 days prior to the commencement of a contested case hearing before the Gorge Commission, the Gorge Commission shall inform each party to the hearing of the following matters:

(a) A statement of the party ‘s right to hearing, with a description of the procedure and time to request a hearing, or a statement of the time and place of the hearing;

(b) A statement of the authority and jurisdiction under which the hearing is to be held;

(c) A short and plain statement of the matters asserted or charged, and identifying the issues to be considered at the hearing;

(d) A reference to the particular sections of the statutes and rules involved;

(e) A statement indicating that the party may be represented by counsel and that legal aid organizations may be able to assist a party with limited financial resources;

(f) A statement that the party has the right to respond to all issues properly before the Gorge Commission and present evidence and witnesses on those issues;

(g) A statement indicating whether discovery is permitted and, if so, how discovery may be requested;

(h) A general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections may be made to the introduction of evidence and what kind of objections may be made and an explanation of the burdens of proof or burdens of going forward with the evidence;

(i) Whether a record will be made of the proceedings and the manner of making the record and its availability to the parties;

(j) The function of the record-making with respect to the perpetuation of the testimony and evidence and with respect to any appeal from the determination or order of the Gorge Commission;

(k) Whether an attorney will represent the Gorge Commission in the matters to be heard and whether the parties ordinarily and customarily are represented by an attorney;

(l) The title and function of the person presiding at the hearing and the members of the Gorge Commission with respect to the decision process, including the manner in which the testimony and evidence taken by the person presiding at the hearing are reviewed, the effect of that person’s determination, and whether that person has the authority to make a final independent determination;

(m) In the event a party is not represented by an attorney, whether the party may during the course of proceedings request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party’s rights;

(n) Whether there exists an opportunity for an adjournment at the end of the hearing if the party then determines that additional evidence should be brought to the attention of the Gorge Commission and the hearing reopened;

(o) Whether there exists an opportunity after the hearing and prior to the final determination or order of the Gorge Commission to review and object to any proposed findings of fact, conclusions of law, summary of evidence or recommendations of conclusions of law, summary of evidence or recommendations of the officer presiding at the hearing;

(p) A description of the appeal process from the determination or order of the Gorge Commission; and

(q) A statement that active duty servicemembers have a right to stay proceedings under the federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or Washington State Bar Association, or the Oregon Military Department or the Washington Military Department for more information. The statement must include the telephone numbers for those entities and the internet address for the United States Armed Forces Legal Assistance Legal Services Locator website.

(2) The notice may be served on a party via electronic distribution with a party’s agreement.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0090 Procedure in Contested Case Hearing; Informal Dispositions; Default; Record of Proceeding

(1) Parties may elect to be represented by counsel and to respond and present evidence and argument on all issues involved.

(2) Informal disposition

(a) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

(b) Any informal disposition of a contested case, other than an informal disposition by default, must be in writing and signed by the party or parties to the contested case. The Gorge Commission shall incorporate that disposition into a final order. An order under this section is not subject to 350-016-0190. The Gorge Commission shall deliver or mail a copy of the order to each party and to the attorney of record if the party is represented. An order that incorporates the informal disposition is a final order in a contested case, but is not subject to judicial review. A party may petition the Gorge Commission to set aside a final order that incorporates the informal disposition on the ground that the informal disposition was obtained by fraud or duress.

(3) Default

(a) If a party fails to attend or participate in a hearing or other stage of a contested case proceeding, the Gorge Commission may serve upon all parties a default or other dispositive order, which shall include a statement of the grounds for the order. An order adverse to a party may be issued upon default only upon prima facie case made on the record. The record on a default order shall include all materials submitted by the party. The record on a default order may be made at the time of issuance of the order. If the record on the default order consists solely of an application and other materials submitted by the party, the agency shall so note in the order.

(b) Within seven days after service of a default order under this section, the party against whom it was entered may file a written motion requesting that the order be vacated, and stating the grounds relied upon. During the time within which a party may file a written motion under this subsection, the presiding officer may adjourn the proceedings or conduct them without the participation of that party, having due regard for the interests of justice and the orderly and prompt conduct of the proceedings.

(4) At the commencement of the hearing, the officer presiding shall explain the issues involved in the hearing and the matters that the parties must either prove or disprove.

(5) Testimony shall be taken upon oath or affirmation of the witness. The officer presiding at the hearing, or their delegate, shall administer oaths or affirmatives to witnesses.

(6) All members of the Gorge Commission participating at the hearing shall place on the record a statement of the substance of any written or oral ex parte communication on a fact in issue made to them during the pendency of the proceeding and notify the parties of the communication and of their right to rebut the communication.

(7) The Gorge Commission shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues property before the Gorge Commission and the correct application of law to those facts.

(8) Record of Contested Case

(a) The Gorge Commission shall maintain an official record of each contested case.

(b) The record in a contested case shall include:

(A) Notices of all proceedings;

(B) Any prehearing order;

(D) Evidence received or considered;

(E) Stipulations;

(F) A statement of matters officially noticed;

(G) Questions and offers of proof, objections and rulings thereon;

(H) A statement of any ex parte communications that must be disclosed under section (6) of this rule;

(I) Staff memoranda or data submitted to the Gorge Commission and that are not privileged communication;

(J) Proposed findings, requested orders, and exceptions;

(K) Any final order or order on reconsideration prepared by the Gorge Commission;

(c) A verbatim oral, written, or mechanical record shall be made of all motions, rulings, and testimony. The record need not be transcribed unless requested for purposes of rehearing or court review. The Gorge Commission may charge the party requesting transcription, unless the party files an appropriate affidavit of indigency.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0100 Disqualification of Member of the Gorge Commission

(1) Any party may petition for the disqualification of a member of the Gorge Commission promptly after receipt of notice indicating that the member will participate in the proceeding or, promptly upon discovering facts establishing grounds for disqualification. The party shall file the petition with the Gorge Commission and not any individual member of the Gorge Commission. A party may seek disqualification during the hearing without filing a written petition.

(2) The member of the Gorge Commission whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination. A member of the Gorge Commission who is disqualified shall leave the hearing room and shall not participate in the proceeding.

(3) If a disqualification results in fewer members of the Gorge Commission than a quorum as specified in 16 U.S.C. § 544c(a)(4), the hearing shall be set over to a later date in which a quorum is present unless good cause exists to proceed. If a hearing must proceed with fewer than a quorum, the rule of necessity shall apply. The presiding officer shall appoint a member of the Gorge Commission to create a quorum, giving consideration for roughly equal representation from both states and from governor and county appointees. A member of the Gorge Commission appointed under the rule of necessity shall vote on the matter but may not ask questions of the parties, participate in the Gorge Commission’s deliberations, or make or second any motion.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0110 Interpreter for Individuals with a Disability and Non-English Speaking Persons in Contested Case

(1) When an individual with a disability or a non-English-speaking person is a party or witness in a contested case proceeding, the Gorge Commission shall appoint an interpreter to assist the party or witness throughout the proceeding or provide an assistive communication device. The Gorge Commission shall pay the fees and expenses of the interpreter that the Gorge Commission appoints or the assistive communication device.

(2) Gorge Commission appointment of interpreter.

(a) The Gorge Commission shall, when possible, appoint a qualified spoken language interpreter who is on the list of certified or qualified interpreters maintained by a state or federal court with jurisdiction in the National Scenic Area.

(b) The Gorge Commission may make a predetermination that an interpreter is qualified to provide parties with:

(A) Visual translation or sight translation of forms, notices, proposed exhibits, briefs, and orders, either before or following the hearing; and

(B) Visual or spoken-language interpretation of oral communication with the Gorge Commission that is not on the record.

(c) Persons with a conflict of interest with any of the parties or witnesses or relatives of any participant in a proceeding and employees of the agency involved in a proceeding shall not be appointed as interpreters in the proceeding. The Gorge Commission’s payment to an interpreter does not constitute a conflict of interest.

(d) The Gorge Commission shall make a preliminary determination that an interpreter is able in the particular proceeding to interpret accurately all communication to and from the person in need of the interpreter. This determination shall be based upon the testimony or stated needs of the person in need of the interpreter, the interpreter’s education, certifications, and experience in interpreting for contested cases or adjudicative proceedings, the interpreter’s understanding of the basic vocabulary and procedure involved in the proceeding, and the interpreter’s impartiality. The parties or their representatives may question the interpreter as to their qualifications and impartiality.

(e) If in the opinion of the person in need of the interpreter, the Gorge Commission, or a qualified observer, the interpreter does not provide accurate and effective communication with the person in need of the interpreter, or if the interpreter is unable to understand, cannot be understood by, or is unable to work cooperatively with the Gorge Commission, the Gorge Commission shall appoint another interpreter.

(3) If a party or witness is dissatisfied with the interpreter selected by the Gorge Commission, the party or witness may, at their sole expense, use any other interpreter that satisfies the qualifications in section (2) of this rule.

(4) Mode of interpretation.

(a) The Gorge Commission recognizes three spoken language interpreting modes: consecutive, simultaneous, and sight translation. Sight translation means the act of reading a written text out loud.

(b) An interpreter for a non-English-speaking person shall use the simultaneous mode of interpretation where the Gorge Commission and interpreter agree that simultaneous interpretation will advance fairness and efficiency; otherwise, the consecutive mode of foreign language interpretation shall be used.

(c) An interpreter for an individual with a hearing disability shall use the simultaneous mode of interpretation unless an intermediary interpreter is needed. If an intermediary interpreter is needed, the interpreter shall use the mode that the interpreter considers to provide the most accurate and effective communication with the person in need of the interpreter.

(d) When a person in need of the interpreter is a party to a proceeding, the interpreter shall interpret all statements made by other hearing participants. The Gorge Commission shall ensure that sufficient extra time is provided to permit interpretation and the Gorge Commission shall ensure that the interpreter interprets the entire proceeding to the party to the extent that the party has the same opportunity to understand all statements made during the proceeding as parties not needing interpretation listening to uninterpreted statements would have.

(5) An interpreter shall not, without the written consent of the parties to the communication, be examined as to any communication the interpreter interprets under circumstances where the communication is privileged by law. An interpreter shall not, without the written consent of the parties to the communication, be examined as to any information the interpreter obtains while interpreting pertaining to any proceeding then pending.

(6) The Gorge Commission shall explain to the party in need of the interpreter that a written order will be issued in English, and that a visual translation or sight translation of the decision is available at no cost to the party.

(7) The Gorge Commission shall attach to or include in the order a telephone number to request a visual translation or sight translation.

(8) If the party has a right to review the order, the Gorge Commission shall orally inform the party during the hearing of the right and of the time limits to request review.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0120 Depositions; Site Visits; Subpoenas of Material Witnesses; Other Forms of Discovery

(1) Depositions. On petition of any party to a contested case, the Gorge Commission may order that the testimony of any material witness may be taken by deposition in the manner prescribed by law for depositions in civil actions. Depositions may also be taken by the use of audio or audio-visual recordings. The petition shall set forth the name and address of the witness whose testimony is desired, a showing of the materiality of the testimony of the witness, and a request for an order that the testimony of such witness be taken before an officer named in the petition for that purpose. If the witness resides in Oregon or Washington and is unwilling to appear, the Gorge Commission may issue a subpoena, requiring his appearance.

(2) Site Visits. On petition of any party to a contested case the Gorge Commission may order that the party be allowed an opportunity to visit the property that is the subject of a contested case before the Gorge Commission. The petition shall set forth the name, address and telephone number of the person or persons who will visit the property and a showing of the materiality of the evidence to be obtained from the visit. The applicant, the owner of the property, or a representative shall be entitled to accompany the petitioning party while on the property and shall be given access to any written report or notes from the site visit prepared for the petitioning party that is not subject to protection under the attorney-client privilege, other law, or Gorge Commission rule or order.

(3) Subpoenas

(a) The Gorge Commission may issue subpoenas on its own motion in a contested case. In addition, the Gorge Commission may issue subpoenas to any party to a contested case upon request of a party upon a showing of general relevance and reasonable scope of the evidence sought. A party entitled to have witnesses on behalf of the party may have subpoenas issued by an attorney of record of the party, subscribed by the signature of the attorney. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the Gorge Commission, shall receive fees and mileage as prescribed by law for witnesses in civil actions.

(b) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which the party or witness may be lawfully interrogated, the Gorge Commission or the attorney issuing the subpoena may enforce the subpoena as provided in ORS 183.440 or RCW 34.05.588.

(4) Other forms of discovery. On petition of any party to a contested case, the Gorge Commission may allow admissions or other forms of discovery prescribed by law in civil actions for the state where the property at issue is located.

(5) The Gorge Commission may allow petitions to take depositions, for subpoenas, for site visits, or other forms of discovery as specified in sections (1) to (4) of this rule upon a showing of necessity and unavailability by other means. In determining whether to allow the petition the Gorge Commission shall consider:

(a) Whether all parties are represented by counsel;

(b) Whether undue expense or delay in bringing the matter to hearing will result;

(d) Whether the interests of justice will be promoted.

(6) The Gorge Commission may issue protective orders limiting public disclosure of information that is confidential or privileged by law or necessary to protect the safety of persons or property. A Tribe’s traditional cultural practices, enjoyment of treaty reserved rights, the locations of traditional sites, structures, lands, and places of cultural and spiritual significance that a tribe holds sacred, and similar sensitive information are considered confidential under this section unless the governing body of the Tribe expressly waives confidentiality.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0130 Evidence in Contested Cases

(1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude Gorge Commission action on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible. The Gorge Commission shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form.

(2) All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and, except as provided in section (4) of this rule, no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position.

(3) Every party shall have the right of cross examination of witnesses who testify and shall have the right to submit rebuttal evidence.

(4) The Gorge Commission may take notice of judicially cognizable facts, and may take official notice of general, technical or scientific facts within its specialized knowledge. Parties shall be notified at any time during the proceeding but in any event prior to the final decision of material officially noticed and the sources of the materials and they shall be afforded an opportunity to contest the facts so noticed. The Gorge Commission may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to it.

(5) No sanction shall be imposed or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party, and as supported by, and in accordance with, reliable, probative, and substantial evidence.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0140 Ex Parte Communications

(1) A member of the Gorge Commission may not communicate, directly or indirectly, regarding any issue in the proceeding other than communications necessary to procedural aspects of maintaining an orderly process, with any person employed by the agency without notice and opportunity for all parties to participate, except as provided in this section:

(a) Members of the Gorge Commission may communicate with one another regarding the proceeding;

(b) Members of the Gorge Commission may receive aid from legal counsel, or from staff assistants who are subject to the Gorge Commission’s supervision; and

(c) Members of the Gorge Commission may communicate with other employees or consultants of the agency who have not participated in the proceeding in any manner, and who are not engaged in any investigative or prosecutorial functions in the same or a factually related case.

(d) This section does not apply to communications required for the disposition of ex parte matters specifically authorized by statute, Gorge Commission rule, or prior order.

(2) Unless required for the disposition of ex parte matters specifically authorized by statute, Gorge Commission rule, or prior order, or unless necessary to procedural aspects of maintaining an orderly process, members of the Gorge Commission may not communicate, directly or indirectly, regarding any issue in the proceeding, with any person not employed by the agency who has a direct or indirect interest in the outcome of the proceeding, without notice and opportunity for all parties to participate.

(3) Unless necessary to procedural aspects of maintaining an orderly process, persons to whom members of the Gorge Commission may not communicate under sections (1) and (2) of this rule may not communicate with members of the Gorge Commission without notice and opportunity for all parties to participate.

(4) If, before serving as a decision maker in a contested case, a member of the Gorge Commission receives an ex parte communication of a type that could not properly be received while serving as a decision maker, the member of the Gorge Commission, promptly after starting to serve, shall disclose the communication in the manner prescribed in section (6) of this rule.

(5) Portions of the record pertaining to ex parte communications or rebuttal statements do not constitute evidence of any fact at issue in the matter unless a party moves the admission of any portion of the record for purposes of establishing a fact at issue and that portion is admitted pursuant to 350-016-0130.

(6) Any member of the Gorge Commission who receives an ex parte communication during the pendency of a proceeding shall place on the record of the proceeding all written communications received, all written responses to the communications and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the member of the Gorge Commission received an ex parte communication. The Gorge Commission shall allow the parties an opportunity to respond to the ex parte communication, including rebutting the substance of the communication.

(7) The Gorge Commission shall, and any party may, report any violation of this section to appropriate authorities for any disciplinary proceedings provided by law.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0150 Conflicts of Interest; Appearance of Fairness

(1) Members of the Gorge Commission shall comply with chapter 350, division 14 of the Gorge Commission’s rules regarding conflicts of interest in rulemaking and contested case proceedings.

(2) Appearance of Fairness.

(a) The appearance of fairness doctrine applies where a public hearing is required. The hearing must be procedurally fair and must appear to be conducted by impartial decision makers. The appearance of fairness doctrine is both statutory and court developed in Washington.

(A) The statutory appearance of fairness provisions largely prohibit ex parte communications and require disclosure of inadvertent communications. Commission Rule 350-016-0140 contains prohibitions against ex parte communications and requirements for disclosure.

(B) The court-developed appearance of fairness doctrine ensures that decision makers are not biased through personal interest, prejudgment of issues, and partiality.

(i) Division 14 of the Gorge Commission’s rules address personal interest bias.

(ii) The members of the Gorge Commission must reserve judgment of a quasi-judicial matter until after all evidence and argument has been presented. No member of the Gorge Commission shall make a unalterable decision or statement about the merits of a quasi-judicial matter prior to hearing all evidence and argument.

(iii) The members of the Gorge Commission must base their decisions on evidence and law and must not evidence a personal bias or personal prejudice signifying an attitude for or against a party. Ideological or policy leanings of a member of the Gorge Commission are distinguishable from partiality.

(b) No member of the Gorge Commission may be disqualified by the appearance of fairness doctrine for conducting their official duty as defined in division 14 of the Gorge Commission’s rules with any constituent on any matter other than a quasi-judicial action then pending before the Gorge Commission.

(c) No legislative action taken by the Gorge Commission shall be invalidated by an application of the appearance of fairness doctrine.

(d) Participation by a member of the Gorge Commission in earlier proceedings that result in an advisory recommendation to the Gorge Commission shall not disqualify that person from participating in any subsequent quasi-judicial proceeding.

(e) Anyone seeking to rely on the appearance of fairness doctrine to disqualify a member of the Gorge Commission from participating in a decision must raise the challenge with specific evidence and not speculation as soon as the basis for disqualification is made known to the individual. Where the basis is known or should reasonably have been known prior to the issuance of a decision and is not raised, it may not be relied on to invalidate the decision.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0160 Orders in Contested Cases

(1) Every order adverse to a party to the proceeding shall be in writing or stated in the record and may be accompanied by an opinion.

(2) An order is not final until it is reduced to writing. A final order shall be accompanied by findings of fact and conclusions of law, and the reasons and basis therefore, on all the material issues of fact, law, or discretion presented on the record, including the remedy or sanction. Any findings based substantially upon credibility of evidence or demeanor of witnesses shall be so identified. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of facts and as to each ultimate fact required to support the Gorge Commission’s order. The Gorge Commission shall not base a finding exclusively on evidence that would be inadmissible in a civil trial unless the Gorge Commission determines that doing so would not unduly abridge the parties' opportunities to confront witnesses and rebut evidence. The basis for this determination shall appear in the final order.

(3) The Gorge Commission shall serve in writing any final order within 90 days after the hearing or after the submission of any additional memoranda, briefs or proposed findings. The Gorge Commission shall notify the parties to a proceeding of a final order by delivering or mailing a copy of the order and any accompanying findings and conclusions to each party or, if applicable, the party’s attorney of record.

(4) Every final order shall include a statement of the available procedures and time limits for seeking reconsideration or other administrative relief and citation of the statutes under which the order may be appealed.

(5) An order shall not be effective as to a person or party unless it is served upon them either personally, or by mail or electronic mail as permitted by another Gorge Commission rule. This section is not applicable in favor of any person or party who has actual knowledge of the order.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. 544c(b)
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Or. Admin. R. 350-016-0170 Judicial Review of Rule or Order

Judicial determination of the validity of a Gorge Commission rule or order adopted or issued pursuant to Commission Rule chapter 350, division 16, is governed by the judicial review provisions of the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544m, and the applicable court rules, and is not governed by the Oregon or Washington administrative procedures acts, except as provided in the National Scenic Area Act, Columbia River Gorge Compact, ORS chapter 196, or chapter 43.97, RCW.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 U.S.C. 544c(b) & 16 U.S.C. 544m
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. 544c(b) & 16 U.S.C. 544m
CRGC 1-2026, adopt filed 07/22/2026, effective 09/01/2026

Division 30 ENFORCEMENT

Or. Admin. R. 350-030-0005 Purpose

The purpose of this division is to establish procedures and criteria for enforcement of P.L. 99-663 by the Commission as set forth in section 15 of the Scenic Area Act.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0010 Definitions

For the purpose of this division the following definitions apply unless the context requires otherwise:

(1) “Commission” means the Columbia River Gorge Commission established by Chapter 499, Washington Laws of 1987 and Chapter 14, Oregon Laws of 1987.

(2) “Continuing violation” means continuing activity which violates any law, rule, implementation measure, ordinance or order under P.L. 99-663. For example, continued operation of a rock quarry after receipt of a notice of alleged violation is a continuing violation.

(3) “De minimis violation” means a violation of the law that is essentially minor, readily correctable, not repeated and with cooperative parties.

(4) “Director” means the Executive Director of the Columbia River Gorge Commission or staff designee.

(5) “Implementation measure” means any ordinance, regulation or order adopted by the Columbia River Gorge Commission or a county which carries out the Act, the management plan or a land use ordinance.

(6) “Interim guidelines” means the guidelines adopted pursuant to section 10(a) of P.L. 99-663.

(7) “Land use ordinance” means any ordinance adopted by a county or the Commission pursuant to P.L. 99-663, and includes any amendment to, revision of, or variance from such ordinance.

(8) “Management plan” means the scenic area management plan adopted pursuant to section 6 of P.L. 99-663.

(9) “Violation” means failure to comply with any law, rule, implementation measure, ordinance or order under P.L. 99-663.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0015 Civil Penalty

(1) Any person who willfully violates any of the following may incur a civil penalty:

(a) P.L. 99-663;

(b) The management plan;

(d) An implementation measure; or

(e) Any order issued by the Commission or the Director.

(2) The Commission may not assess a civil penalty under section 15(a)(3) of P.L. 99-663 unless it provides notice and an opportunity for a public hearing to the person that the Commission alleges to have violated one of the measures listed in subsection (1) of this section.

(3) Each day of continuing violation is a separate and distinct violation.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0020 Investigation

(1) The Director shall investigate alleged violations of the measures listed in subsection 1 of 350-30-015 of this Division.

(2) The Director may inspect the subject property if necessary to conduct an investigation under subsection (1) of this section.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0025 De Minimis Violation

If the Director believes a violation has occurred but it is of a de minimis nature, readily correctable, not repeated and with cooperative parties, the Director should work with the landowner to resolve the matter through a new development review application, modification or removal of a building or structure, or other appropriate means. The Director shall periodically report to the Commission about resolutions to de minimis violations.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0030 Notice of Alleged Violation

(1) If the violation is not de minimis, the Director shall serve written notice of violation on the alleged violator by personal service or by registered or certified mail. The notice shall include:

(a) A plain statement describing the alleged violation;

(b) The provision of P.L. 99-663, the management plan, the land use ordinance, the implementation measure or the order alleged to have been violated;

(d) The proposed disposition of the matter through either 350-30-050 through 350-30-060 or 350-30-070 including the recommended penalty to be imposed (if any) and the criteria from 350-30-090 upon which the penalty is based;

(e) A statement that the alleged violator shall file an answer within 14 days after receipt of the notice of violation;

(f) A copy of 350-30-040 which prescribes how to file an answer; and

(g) A statement that if resolution is not reached through 350-30-050 through 350-30-060 the Commission will consider the alleged violation at a contested case hearing which may result in the entry of a final order imposing a civil penalty based upon a prima facie case made on the record, whether or not the alleged violator participates.

(2) Service shall be deemed complete three days after written notice is mailed to:

(a) The alleged violator; or

(b) Any person designated by law as competent to receive service of a summons or notice for the alleged violator.

(3) Notice sent by registered or certified mail to a person at the last known address of the person is presumed to have reached the person within three days after mailing.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0040 Answer

(1) The alleged violator shall file an answer within 14 days of receipt of a notice of violation but it must be received by the Director within the 14 days allowed.

(2) The answer shall agree or disagree with all factual matters and shall affirmatively allege any and all affirmative claims or defenses and the reasoning in support thereof. The answer may include proposed measures for resolution of the matter through 350-030-0050–350-030-0060 or 350-030-0070 and any reason the Commission should modify the penalty recommended.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0050 Resolution through Agreement

The Director may seek to resolve or settle a alleged violation. Any proposed resolution must be presented to and approved by the Commission as provided in 350-030-0060.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0060 Hearing on Proposed Resolution through Agreement

The hearing shall be conducted using the following procedure:

(1) The Director shall provide a brief summary of the nature of the case, the proposed resolution and the key legal issues.

(2) The Director shall provide any other information required along with his recommendation.

(3) The alleged violator or the alleged violator’s representative shall be given a reasonable opportunity to be present and to address the Commission.

(4) The Commission may request further information from the Director or the alleged violator.

(5) The Commission shall decide whether to accept, reject or modify the proposed resolution.

(6) If rejected, the matter shall be reset for a contested case hearing under 350-30-070.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0070 Hearing on Contested Case

(1) A violation that is not resolved through 350-030-0050 to 350-030-0060 shall be conducted as a contested case.

(2) The rules governing the Commission’s administrative procedure (350-016) shall govern the case.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0080 Order

(1) The Commission shall issue a final order. The order shall be served by personal delivery or certified or registered mail. If served by mail, the order shall be deemed received three days after mailing.

(2) The order shall specify:

(a) The resolution of the violation (including any consent decree);

(b) Whether a penalty is imposed and the amount of such penalty; and

(3) The order shall be final for purposes of judicial review.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0090 Penalty Criteria

(1) In determining the amount of a civil penalty, the following factors shall be considered:

(a) Whether the person or entity has violated the P.L. 99-663 management plan, a land use ordinance, an implementation measure or an order in the past;

(b) Whether the person or entity has undertaken measures to remedy the violation or mitigate harm resulting from the violation;

(d) Whether the violation is repeated or continuous, or the person or entity has had prior violations.

(2) No penalty assessed under this division may exceed $10,000 for each violation.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Or. Admin. R. 350-030-0100 Summary Order

Where an imminent threat exists to resources protected under the law and/or to public health, safety or welfare, the Director may issue a summary order requiring the alleged violator to promptly stop work or take other necessary action pending a notice of alleged violation and a contested case hearing before the Commission under 350-030-0070.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88

Division 40 REVISION OF URBAN AREA BOUNDARIES

Or. Admin. R. 350-040-0000 Purpose

This division specifies the process of the Columbia River Gorge Commission (Commission) for considering minor revisions to the boundaries of any Urban Area.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 4-1992, f. & cert. ef. 5-8-92
CRGC 1-1992(Temp), f. & cert. ef. 2-6-92

Or. Admin. R. 350-040-0010 Definitions

Reserved

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 4-1992, f. & cert. ef. 5-8-92
CRGC 1-1992(Temp), f. & cert. ef. 2-6-92

Or. Admin. R. 350-040-0020 Authority

(1) Consideration of requests to revise urban area boundaries is a discretionary action authorized by section 4(f) of the Act. The Act does not entitle a county, or any person or entity, to have the Commission review a request to revise any urban area boundary, and does not contain time requirements for consideration of a request. The Commission may make “minor revisions” to the boundaries of an Urban Area .

(2) Three procedural requirements are included in Section 4(f)(1) of the Scenic Area Act:

(a) Requests to revise an Urban Area boundary are submitted to the Commission by a county government;

(b) The Commission must consult the Secretary of Agriculture before revising an Urban Area boundary; and

(c) Two-thirds of the Commission members, including a majority of the members appointed from each state, must approve a revision of an Urban Area boundary. In the event of recusal, the doctrine of necessity shall apply.

(3) Section 4(f)(2) of the Scenic Area Act allows the Commission to revise the boundaries of an Urban Area only if the following criteria are satisfied:

(a) A demonstrable need exists to accommodate long-range urban population growth requirements or economic needs consistent with the Management Plan;

(b) Revision of Urban Area boundaries is consistent with the standards established in Section 6 and the purposes of the Scenic Area Act;

(c) Revision of Urban Area boundaries will result in maximum efficiency of land uses within and on the fringe of existing Urban Areas; and

(d) Revision of Urban Area boundaries will not result in the significant reduction of agricultural lands, forest lands, or open spaces.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2009, f. 3-17-09, cert. ef. 5-1-09
CRGC 1-2009(Temp), f. & cert. ef. 1-14-09 thru 5-15-09
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 4-1992, f. & cert. ef. 5-8-92
CRGC 1-1992(Temp), f. & cert. ef. 2-6-92

Or. Admin. R. 350-040-0030 Application for Revision

Applications to revise the boundaries of any Urban Area shall contain the following information:

(1) A statement from the county sponsoring the Urban Area boundary revision, signed by the county commissioners.

(2) A statement that the senior-elected or appointed official(s) of any affected municipality or special district were provided notice of the application.

(3) A statement that explains why the proposed Urban Area boundary revision is needed. The statement shall describe the anticipated land uses that would occur in the affected area and demonstrate how the proposed revision complies with the criteria in the Scenic Area Act.

(4) A map of the area proposed for revision to the existing Urban Area. The map shall be drawn to scale and shall be prepared at a scale of 1 inch equals 200 feet (1:2,400), or a scale providing greater detail. It shall include the following elements:

(a) North arrow;

(b) Map scale;

(c) Boundaries of all parcels within the subject area, with labels showing the name of each property owner and the size of each parcel;

(d) Current municipal zoning designations, where applicable;

(e) Significant terrain features or landforms;

(f) Bodies of water and watercourses;

(g) Existing roads and railroads;

(h) Existing dwellings and other structures; and

(i) Location of existing services, including water systems, sewage systems, and power and telephone lines.

(5) For incorporated areas, a map of the current boundary of the municipality.

(6) A map of adopted land use designations and zoning for the existing Urban Area.

(7) For Oregon applications, a map of currently approved urban growth boundaries.

(8) An analysis based on criteria in the Scenic Area Act. (For guidance see Urban Areas Boundary Revisions Handbook, Gorge Commission 1992).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 4-1992, f. & cert. ef. 5-8-92
CRGC 1-1992(Temp), f. & cert. ef. 2-6-92

Or. Admin. R. 350-040-0040 Processing of Application

Applications for revision of urban area boundaries shall be reviewed upon receipt and in the order in which they are received, except that the Commission may, as part of its work planning, set a limit on the number of urban area boundary revision applications it will process during the biennium and may set its limit at zero.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-2009, f. 3-17-09, cert. ef. 5-1-09
CRGC 1-2009(Temp), f. & cert. ef. 1-14-09 thru 5-15-09
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 4-1992, f. & cert. ef. 5-8-92
CRGC 1-1992(Temp), f. & cert. ef. 2-6-92

Or. Admin. R. 350-040-0050 Submission and Acceptance of Application

(1) A county government shall submit an application to revise the boundary of an Urban Area to the Commission office. Fifteen copies of each application are required after the Executive Director determines the application is complete. Only two copies of the large scale maps are required.

(2) The Director shall review the application for completeness and adequacy and notify the applicant in writing of any deficiencies.

(3) The Executive Director shall not accept an application as complete until all omissions and deficiencies noted by the Executive Director are corrected.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 4-1992, f. & cert. ef. 5-8-92
CRGC 1-1992(Temp), f. & cert. ef. 2-6-92

Or. Admin. R. 350-040-0055 Work Plan

The Commission shall adopt a work plan for each application to revise an urban area boundary. The work plan should contain an estimate of the time and steps needed to review the application, which may vary among applications depending on Commission staffing, budget and resources, and other agency work. At a minimum, the work plan shall include the steps and time periods in sections 060 through 090 in this division. The start date, steps, and time periods shall be set considering commission staffing level, budget and resources, other agency work, and adequate time for public review. The work plan is only an estimate; the Executive Director may require information or procedure not listed in the work plan; skip procedures and information requirements listed in the workplan; or lengthen or shorten time to complete steps in the workplan without permission from the Commission.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11

Or. Admin. R. 350-040-0060 Notice of Application

(1) The Executive Director shall send electronic or paper notice of the completed application to the U.S. Forest Service-National Scenic Area Office, States of Oregon and Washington, all four Indian tribal governments, the six Gorge county planning offices, appropriate city planning offices, and interested parties who have requested notice.

(2) The Executive Director shall publish notice of the application in local Gorge newspapers serving the National Scenic Area as well as a major newspaper in Portland and a major newspaper in Vancouver.

(3) The complete application shall be available for inspection at the Commission office during normal office hours.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 4-1992, f. & cert. ef. 5-8-92
CRGC 1-1992(Temp), f. & cert. ef. 2-6-92

Or. Admin. R. 350-040-0065 Public Comment

Interested persons shall have no less than 30 days from the date the notice is sent to submit written comments to the Executive Director. Written comments should address whether the proposed amendment is consistent with the purposes and standards of the Scenic Area Act, the criteria in Section 6(h) of the Scenic Area Act and this rule.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-1999, f. & cert. ef. 10-14-99

Or. Admin. R. 350-040-0070 Report of the Executive Director

The Executive Director shall prepare a report analyzing the proposed Urban Area boundary revision, and which may include recommendations.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC1-1999, f. & cert. ef. 10-14-99
CRGC 4-1992, f. & cert. ef. 5-8-92
CRGC 1-1992(Temp), f. & cert. ef. 2-6-92

Or. Admin. R. 350-040-0080 Hearings

(1) The Commission will conduct a hearing on every application accepted as complete by the Director.

(2) The Commission shall provide 20 days notice of the hearing to interested parties and the public.

(3) The hearing shall take place as follows, noting the Chair may provide specific direction for the conduct of the hearing related to the time allowed for presentations and similar procedural issues:

(a) The applicant may present the basis for the urban area boundary revision.

(b) Federal, state, county, tribal and other government officials may participate through submission of oral or written comments.

(d) After those who participate in the hearing on behalf of the government or the public are finished, the applicant shall have the opportunity to respond to the comments presented.

(e) After all presentations are complete, the Commission shall deliberate on the proposed urban area boundary revisions.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 4-1992, f. & cert. ef. 5-8-92
CRGC 1-1992(Temp), f. & cert. ef. 2-6-92

Or. Admin. R. 350-040-0090 Consultation

In considering amendments to urban area boundaries, the Gorge Commission shall consult with the Forest Service, both states, the six Gorge counties, all four Indian tribal governments and agencies or organizations that have a specific interest.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-1999, f. & cert. ef. 10-14-99

Division 50 PLAN AMENDMENT PROCESS

Or. Admin. R. 350-050-0010 Purpose

This division specifies the process of the Columbia River Gorge Commission (Commission) for considering amendments to the Management Plan.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 5-1992, f. & cert. ef. 7-1-92
CRGC 3-1992(Temp), f. & cert. ef. 4-16-92

Or. Admin. R. 350-050-0020 Authority

(1) Consideration of amendments to the Management Plan is a discretionary action authorized by section 6(h) of the Act. The Act does not entitle any person or entity to have the Commission review an application to amend the Management Plan, and does not contain time requirements for consideration of a request.

(2) The Act allows only the Commission to adopt a plan amendment:

(a) If the Commission determines at any time that conditions within the Scenic Area have significantly changed; and

(b) If the Commission approves the plan amendment by a majority vote of the members appointed, including approval by at least three members from each state. In the event of recusal, the doctrine of necessity shall apply.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2009, f. 3-17-09, cert. ef. 5-1-09
CRGC 1-2009(Temp), f. & cert. ef. 1-14-09 thru 5-15-09
CRGC1-1999, f. & cert. ef. 10-14-99
CRGC 5-1992, f. & cert. ef. 7-1-92
CRGC 3-1992(Temp), f. & cert. ef. 4-16-92

Or. Admin. R. 350-050-0030 Criteria for Plan Amendment Approval

The Commission must find the following criteria are satisfied before it approves an amendment to the Management Plan:

(1) Conditions in the Scenic Area have significantly changed. This means:

(a) Physical changes that have widespread or major impacts to the landforms, resources, or land use patterns in the Scenic Area;

(b) New information or inventory data regarding land uses or resources that could result in a change of a plan designation, classification, or other plan provision;

(c) Changes in legal, social, or economic conditions, including those that affect public health, safety, or welfare, not anticipated in the Management Plan; or

(d) A demonstrable mistake in the Management Plan that has resulted in significant impacts or that involves significant issues, such as, but not limited to, a land use guideline that is less protective of Gorge resources than the policies the guideline was intended to implement; a land use designation that does not conform to the corresponding designation policies; or two or more guidelines that cannot be reasonably reconciled.

(2) The proposed amendment is consistent with the purposes and standards of the Scenic Area Act; and

(3) No practicable alternative to the proposed amendment more consistent with the purposes and standards of the Scenic Area Act exists.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 5-1992, f. & cert. ef. 7-1-92
CRGC 3-1992(Temp), f. & cert. ef. 4-16-92

Or. Admin. R. 350-050-0035 Matters Not Constituting a Plan Amendment

(1) The Executive Director and Area Manager may jointly correct any typographical, grammatical, cross-reference, mapping discrepancies (such as land use designation boundaries that differ from property lines when the intent to follow property lines is clear) created by using maps with different and coarse scales, or other similar error contained in the Management Plan that does not change the substantive provisions of the Management Plan.

(2) The Executive Director and Area Manager shall report such changes to the Commission at a regularly noticed meeting. The meeting agenda shall include notice of a report under this section. For such changes, the Commission shall not be required to amend the Management Plan as provided in this division of the Commission’s rules, nor seek concurrence by the Secretary of Agriculture.

(3) A correction shall be considered a final action for the purpose of judicial review at the time the Executive Director and Area Manager report the correction to the Commission.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC 544c(b)
Statutes/Other Implemented: ORS 196.150
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06

Or. Admin. R. 350-050-0040 Origin of Applications

(1) Any person may request that the Commission initiate a legislative amendment to the Management Plan.

(2) Any person may apply for a quasi-judicial amendment to the Management Plan. All owners of parcels to which the proposal applies shall give written consent to the application.

(3) For the purpose of this division of the Commission Rules, a quasi-judicial amendment shall be one that proposes to change the land use designation, recreation intensity class or landscape setting on one or any clearly identifiable set of parcels that share a similar set of facts, and the change does not establish new policies, or one that proposes to change policy that would apply to one or a small number of clearly identifiable parcels that share a similar set of facts. All other amendments shall be considered a legislative amendment.

(4) The Executive Director shall determine whether the proposal is for a legislative or a quasi-judicial amendment. The Executive Director may make this determination prior to or at the pre-application conference.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 5-1992, f. & cert. ef. 7-1-92
CRGC 3-1992(Temp), f. & cert. ef. 4-16-92

Or. Admin. R. 350-050-0045 Pre-Application Conference Required for Quasi-Judicial Plan Amendment

(1) Prior to submitting any application for a quasi-judicial plan amendment to the Management Plan, an applicant shall attend a pre-application conference with the Executive Director.

(2) The applicant shall submit a statement of the proposed change to the land use designation, landscape setting, or recreation intensity class or policy change and the purpose for which the changes are sought. Proposals for quasi-judicial amendments shall include a list of all parcels to which the proposal applies and the names and addresses of the owners of the parcels. The Executive Director may request the applicant submit additional information about the proposal prior to scheduling a pre-application conference.

(3) The Executive Director shall schedule a pre-application conference after the applicant submits all additional information that the Executive Director requests. The Executive Director shall hold the pre-application conference within a reasonable period of time after receipt of the additional information. The Executive Director shall notify the following persons of the pre-application conference:

(a) The applicant;

(b) For quasi-judicial amendments, the owners of all parcels to which the proposal applies;

(c) Representatives of the USDA Forest Service, the county or counties where the subject parcel or parcels are located, the four Indian Tribes with treaty rights in the National Scenic Area, and appropriate state agencies; and,

(d) Any other person the Executive Director believes may have an interest in the proposal or requests notice of the pre-application conference.

(4) The Commission may charge a fee for holding a pre-application conference. The Commission shall set the fee. The Commission shall hold a public hearing before establishing a fee for pre-application conferences.

(5) The purpose of the pre-application conference is to assist the applicant to complete the Plan Amendment process successfully and expeditiously, identify possible practicable alternatives, identify issues that concern the Commission and other agencies and interested persons, determine what information would be necessary for the Executive Director to review the application, give an estimated schedule for considering the application, and identify possible conditions of approval.

(6) The Executive Director shall issue a pre-application conference report, which shall summarize the discussion at the conference and shall contain a preliminary list of information necessary to review the application. The list of necessary information shall be as comprehensive as reasonably possible, but shall not be exclusive.

(7) The Executive Director may require an applicant to attend a new pre-application conference if the application submitted is materially different from the proposal discussed at the pre-application conference, or conditions in the Scenic Area have materially changed.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC 544c(b)
Statutes/Other Implemented: ORS 196.150
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06

Or. Admin. R. 350-050-0050 Application for Quasi-Judicial Plan Amendments

(1) Applications for quasi-judicial plan amendments shall contain the following:

(a) The land use designation, landscape setting, or recreation intensity class the applicant proposes for the subject parcels;

(b) A statement of the applicant’s ultimate development proposal;

(c) An explanation why the proposed change to the land use designation, landscape setting, or recreation intensity class is more appropriate for the parcels than the existing designation, and why the proposed change is necessary to accomplish the applicant’s ultimate development proposal;

(d) Information identified at the pre-application conference necessary to demonstrate that the proposed plan amendment complies with the purposes and standards of the Act, the provisions in Section 6(h), and this rule;

(e) The names and addresses of all landowners for parcels that are within 200 feet of the boundaries of all parcels to which the proposal applies;

(f) Other information not identified at the pre-application conference, based on content of information already submitted or changes to the proposal; and

(g) The signature of all owners of the parcels to which the proposal applies, or the owners’ representatives.

(2) The Commission may charge a fee for review of quasi-judicial plan amendment applications. The Commission shall set the fee. The Commission shall hold a public hearing before establishing a fee for review of quasi-judicial plan amendment applications.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 5-1992, f. & cert. ef. 7-1-92
CRGC 3-1992(Temp), f. & cert. ef. 4-16-92

Or. Admin. R. 350-050-0060 Processing of Applications and Requests

(1) Applications for quasi-judicial amendments shall be reviewed upon receipt and in the order in which they are received, except that the Commission may, as part of its work planning, set a limit on the number of quasi-judicial applications it will process during the biennium and may set its limit at zero. Applications shall be reviewed pursuant to sections 070 through 120 of this division.

(2) The Executive Director shall track requests for legislative amendments. The Commission shall review requested legislative amendments at least once each biennium and determine which, if any, to handle as an application to amend the Management Plan. In determining which legislative amendments to handle, the Commission may consider such factors as: whether the issue has been the subject of appeals, whether the issue has been an implementation problem, whether the issue is a priority of federal, state, local, or tribal governments, and availability of data and resources necessary to analyze the issue. The Commission shall solicit public comment during its work planning concerning legislative amendments to initiate. The decision to initiate a legislative amendment is at the sole discretion of the Commission.

(3) The Executive Director shall process a legislative amendment pursuant to sections 080 through 120 of this division.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2009, f. 3-17-09, cert. ef. 5-1-09
CRGC 1-2009(Temp), f. & cert. ef. 1-14-09 thru 5-15-09
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 5-1992, f. & cert. ef. 7-1-92
CRGC 3-1992(Temp), f. & cert. ef. 4-16-92

Or. Admin. R. 350-050-0070 Acceptance of Quasi-Judicial Plan Amendment Application

(1) The Executive Director shall review the application for completeness and notify the applicant in writing of any deficiencies, and any additional information that is required as provided in 350-50-050(1)(f).

(2) The Executive Director shall not accept an application as complete until the applicant corrects all deficiencies and submits all additional information noted by the Executive Director.

(3) The applicant shall submit 15 copies of the application after the Executive Director determines the application is complete.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 5-1992, f. & cert. ef. 7-1-92
CRGC 3-1992(Temp), f. & cert. ef. 4-16-92

Or. Admin. R. 350-050-0080 Notice of Application for Quasi-Judicial Plan Amendment or Proposal for Legislative Amendment

(1) The Executive Director shall send public notice of a quasi-judicial plan amendment or a proposal for a legislative amendment to the U.S. Forest Service — National Scenic Area Office; appropriate state agencies; all four Indian tribal governments; the six Gorge county planning offices,; interested parties who have requested notice; and for quasi-judicial applications, all landowners within 200 feet of the boundaries of all parcels to which the proposal applies. The notice shall specify the due date for comment.

(2) The Executive Director shall publish notice of a quasi-judicial plan amendment application in a newspaper serving the community where the parcels to which the proposal would apply are located. The Executive Director shall publish notice of a legislative plan amendment proposal in one or more local newspapers serving the geographic area(s) that the amendment would affect.

(3) For all plan amendments, the Executive Director shall give electronic notice to all persons that receive electronic notice of commission meetings.

(4) The complete application or proposal shall be available for inspection at the Commission office during normal office hours.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 5-1992, f. & cert. ef. 7-1-92
CRGC 3-1992(Temp), f. & cert. ef. 4-16-92

Or. Admin. R. 350-050-0085 Public Comment

(1) Interested persons may submit written comments to the Executive Director within the time specified in the notice. Written comments should address whether the proposed amendment is consistent with the purposes and standards of the Scenic Area Act, the criteria in Section 6(h) of the Scenic Area Act and this rule.

(2) The Commission shall provide copies of the written comments submitted during the comment period to the applicant prior to or with the staff report to enable the applicant to address the comments at the hearing.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
CRGC 1-1999, f. & cert. ef. 10-14-99

Or. Admin. R. 350-050-0090 Report of the Executive Director

(1) The Executive Director shall prepare a staff report, which may include recommendations. The report will analyze the proposed amendment based on the criteria of the Scenic Area Act and Rule 350-50-030.

(2) For legislative amendments, the Executive Director shall include recommended plan amendment language in the staff report.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
CRGC 1-1999, f. & cert. ef. 10-14-99

Or. Admin. R. 350-050-0100 Hearing

(1) The Commission shall conduct a hearing on the proposed plan amendment after the Executive Director issues the report and there has been a minimum of 30 days for public review of the report.

(2) The Commission shall provide 20 days notice of the hearing to all persons who received the notice of a quasi-judicial plan amendment application, and any person who submitted comment on the application. The notice of the proposed plan amendment may include the notice of hearing.

(a) The Executive Director shall present the staff report. The Commission may ask questions concerning the staff report.

(b) The applicant for a quasi-judicial plan amendment shall present the proposed plan amendment.

(d) Following testimony from interested persons, the applicant shall have the opportunity to respond to the comments presented.

(e) After all presentations are complete, the Chair shall close the public hearing, and the Commission shall deliberate and vote on the proposed plan amendment.

(f) The Commission may attach conditions of approval necessary to ensure the proposed plan amendment complies with the criteria for approval.

(g) The Commission shall determine if the amendment as approved is mandatory for counties to adopt into their land use ordinances. Unless otherwise specified by the Commission, amendments to county land use ordinances shall follow the procedures established in Sections 7 and 8 of the Scenic Area Act (16 U.S.C. §§ 544e and 544f).

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 5-1992, f. & cert. ef. 7-1-92
CRGC 3-1992(Temp), f. & cert. ef. 4-16-92

Or. Admin. R. 350-050-0120 Review by the Secretary of Agriculture

In accord with Sections 6(f) and 6(h) of the Scenic Area Act, an amendment to the Management Plan adopted by the Commission shall be submitted to the Secretary of Agriculture. The Secretary of Agriculture will review the amendment and determine if it is consistent with the purposes and standards of the Scenic Area Act. The Secretary has 90 days from the day the Commission submits an amendment to complete review and make a determination of concurrence or non-concurrence.

History

Statutory/Other Authority: ORS 196.150 & RCW 43.97.015
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-1999, f. & cert. ef. 10-14-99
CRGC 5-1992, f. & cert. ef. 7-1-92
CRGC 3-1992(Temp), f. & cert. ef. 4-16-92

Division 60 APPEALS FROM COUNTY ORDINANCES

Or. Admin. R. 350-060-0000 Purpose

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0010 Authority

The National Scenic Act authorizes appeals to the Gorge Commission by a person or entity adversely affected by a final action or order of a county.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0020 Scope

Scope of Rules: All proceedings commenced by Notice of Appeal shall be governed by these rules. Where this division is silent, divisions 11, 12, 14, and 16 of the Commission’s rules shall be applicable provided that the specific provisions are applied in a manner that does not conflict with the provisions of this division.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544(b) et seq.16 & U.S.C. § 544m(a)(2)
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0030 Application

These rules are intended to promote the efficient review of land use decisions in accordance with the National Scenic Act while affording all interested persons reasonable notice and opportunity to intervene, reasonable time to prepare and submit their cases, and a full and fair hearing. The rules shall be interpreted to carry out these objectives and to promote justice.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0040 Definitions

In these rules, unless the context or subject matter requires otherwise:

(1) “Applicant” means the person who requested that the governing body take an action which resulted in a land use decision.

(2) “Commission” means the Columbia River Gorge Commission.

(3) “Counties” means Multnomah, Hood River and Wasco counties, Oregon; and Clark, Skamania and Klickitat counties, Washington.

(4) “Days” means calendar days.

(5) “File” means to deliver to Commission offices by personal delivery, U.S. Postal mail, or email. Unless otherwise specified, a document shall be considered filed on the date that it is personally delivered, mailed or emailed. A document that is emailed prior to midnight on the due date shall be considered filed on that due date.

(6) “Final decision”: A decision is final when it is reduced to writing and bears the necessary signatures of the governing body decisionmaker(s).

(7) “Governing body” means a county governing body.

(8) “Land use decision” means a final decision by the governing body of a county in the National Scenic Area based on the National Scenic Act.

(9) “Notice” means the Notice of Appeal and refers to the document that must be filed with the Commission in order to begin an appeal.

(10) “Party” means the appellant, the governing body, the applicant (if different than the appellant), and any intervenor.

(11) “Person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the Commission. A person shall include the Executive Director of the Gorge Commission in his or her official capacity.

(12) “Serve” or “Service” means to send with the United States Postal Service by first class mail or to deliver in person, or to send by email, a copy of the original to all parties, including intervenors and persons who have a pending motion to intervene before the Commission. All documents served on the other parties shall include a certification that the document was served on the same date that the document was filed. (Exhibit 4).

[ED NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0042 Delegation of Authority to the Chair of the Commission

(1) Where these rules refer to the Chair of the Commission, the Commission has delegated authority to the Chair or presiding officer designated by the Chair to act on those matters for the Commission, including but not limited to, procedural orders on behalf of the Commission relating to case setting, requests for intervention, preliminary motions, motions to dismiss, and other procedural matters. The Chair of the Commission may also act on other matters specified for Commission action when the context indicates action by the Chair of the Commission or when action by the full Commission would be impracticable.

(2) The Chair of the Commission shall decide matters without oral argument, unless the Chair desires an oral hearing. The decision of the Chair of the Commission or presiding officer pursuant to this authority shall be final and not reviewable by the full Commission. The Chair of the Commission may also choose, at his or her sole discretion, to bring a matter to the full Commission for decision.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03

Or. Admin. R. 350-060-0045 Time

(1) Computation: In computing any period of time prescribed or allowed by these rules, the day of the act from which the designated time period begins to run shall not be included and the last day of the time period shall be included.

(2) Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period of time after service of a document, and the service of the document is by mail, three (3) days shall be added to the prescribed time period. This does not apply to documents mailed when filing and service is accomplished by email.

(3) When a deadline for accomplishing some act under these rules falls on a weekend or legal holiday, the deadline shall be the next business day, and all following deadlines shall be calculated from that deadline. A legal holiday shall be any day in which the United States Postal Service does not deliver mail, or when the Gorge Commission is closed for business.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03

Or. Admin. R. 350-060-0047 Electronic Filing and Service

(1) The Commission allows filing of all documents by electronic mail (email) to the Commission’s Office. All documents shall be emailed to crgc@gorgecommission.org, and shall have a subject heading that clearly identifies the email as filing a document and that clearly identifies the appeal by caption and/or appeal number. The Commission allows email filing even if a party opts out of email service. A party need not file a document by mail if that party has already filed the document by email.

(2) All documents may be served by email to parties and persons that do not opt out of email service (see rules below for Notice of Appeal and Notice of Appearance). Parties filing a Notice of Appeal are encouraged to communicate with parties and persons who are entitled to receive a copy of the Notice of Appeal about electronic service of the Notice of Appeal.

(3) The preferred format for filed and served documents shall be a searchable portable document format (.pdf). Color originals available electronically, or easily able to be scanned in color shall be filed and served in color. Requirements for color covers or fastening of documents shall not apply to documents filed or served by email.

(4) The Commission understands that parties’ and persons’ computers and internet service may display times that vary by several minutes, and have different technological capabilities. Parties and persons filing and serving documents by email should communicate with each other to ensure that the documents can be received and read. The Commission will apply the rules in this chapter in the interest of promoting full participation in an appeal, resolving the appeal in an expeditious manner, and to promote justice in disputes concerning email filing and service such as whether a document was timely filed; timely served; should have been filed or served by email; whether and when the document was received; and whether the document was sent in a readable format. In resolving disputes over electronic service, the Commission will consider whether the parties made good faith efforts to communicate about electronic mail service and whether parties attempted to resolve the dispute without involving the Commission.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11

Or. Admin. R. 350-060-0050 Notice of Appeal

(1) Filing: Except as provided in 350-060-0240 below, an appellant shall file a Notice of Appeal at the Commission office on or before the 30th day after the date the decision sought to be appealed becomes final. Except as provided in 350-060-0240 below, a Notice filed thereafter shall not be deemed timely filed and the appeal shall be dismissed.

(2) Service of Notice of Appeal: The Notice of Appeal shall be served on the governing body, the governing body’s legal counsel, the applicant, the applicant’s legal counsel, and all persons identified in the Notice as required by subsection (3)(h) of this rule on or before the date the Notice of Appeal is filed.

(3) Contents of Notice of Appeal: The Notice of Appeal shall be substantially in the form set forth in Exhibit 1 and shall contain:

(a) A caption which sets forth the name(s) of the person(s) filing the Notice, identifying the person(s) as appellant(s); the name of the governing body, identifying the governing body as respondent; and if the appellant is not the applicant, the name of the applicant, identifying the applicant as respondent;

(b) Adjacent to the caption the heading “Notice of Appeal”;

(d) The date the decision to be reviewed became final;

(e) A concise description of the decision to be reviewed:

(f) A brief “ADR Statement” stating whether the appellant is willing to attempt to resolve the case through alternative dispute resolution (“ADR”), including but not limited to mediation. This statement shall not be used to argue the merits of the appeal.

(g) A statement whether the appellant is willing to consider a shortened record in accordance with 350-060-0060(f).

(h) The name, address, email address, and telephone number of each of the following:

(A) The Appellant. If the appellant is not represented by an attorney, the appellant’s name, address, email address, and telephone number shall be included. If an attorney represents the appellant, the attorney’s name, address, email address, and telephone number shall be substituted for that of the appellant.

(B) The governing body and the governing body’s legal counsel;

(C) The applicant, if any (and if other than the appellant). If an applicant was represented by an attorney before the governing body, the applicant’s contact information may be omitted and the name and contact information of the applicant’s attorney shall be included;

(D) Any other person to whom written notice of the land use decision was mailed as shown on the governing body’s records. The telephone number and email address may be omitted for any such person.

(i) A statement advising all persons other than the governing body and applicant, that in order to participate in the review proceeding a person must file at the Commission office and serve a motion to intervene pursuant to 350-060-0160.

(j) A statement advising all persons other than the governing body and applicant, that in order to present oral argument at the hearing before the Commission, a person must intervene and file a brief pursuant to 350-060-0120(1).

(k) A statement informing all parties and persons whether the party filing the Notice of Appeal opts out of email service, and a statement informing parties and persons that service of documents may be by email unless a party or person expressly opts out of receiving documents by email.

(l) Proof of service upon all persons required to be named in the Notice. See Exhibit 1.

(4) Filing Fee and Deposit for Costs: The Columbia River Gorge Commission may charge a filing fee and deposit. Filing fees and deposits, if any, shall be set by the Gorge Commission’s Executive Director and shall not exceed the average cost to the Commission of handling appeals under this rule.

[ED NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0055 Respondents’ Notice of Appearance

Within 14 days after filing of a Notice of Appeal, a respondent shall file at the Commission office and serve a “Notice of Appearance” stating whether the respondent is willing to attempt to resolve the case through alternative dispute resolution means, and whether the respondent opts out of email service of all documents. Note that the respondent must affirmatively opt out of email service. This Notice of Appearance shall not be used to argue merits of the appeal.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03

Or. Admin. R. 350-060-0060 Record

(1) Contents of Record: The record on appeal from a governing body shall include the following:

(a) The final decision including findings of fact and conclusions of law;

(b) All testimony and all exhibits, maps, documents or other written materials included as part of the record during the course of the governing body’s proceeding.

(c) Photos, maps, and exhibits that were presented to the governing body in color shall be provided to the Commission in color in the original or certified copy of the record;

(d) Minutes of the meetings conducted by the governing body as required by law. A verbatim transcript of audiotape recordings shall not be required, but if a transcript has been prepared, it shall be included.

(e) The governing body may retain the audiotape recording, any large maps, or exhibits and documents which are difficult to duplicate, until the date of oral argument. The governing body shall make these items reasonably available for inspection and duplication by the parties during the pendency of the appeal, and shall specify in its filing of the record the available times and procedure for reviewing for these items.

(f) The Gorge Commission encourages parties to stipulate to a shortened record.

(A) A shortened record may eliminate duplicates of documents, letters that do not include substantive information, documents related to issues that are not being appealed, or other documents that the parties do not believe are necessary for the Gorge Commission to decide the issues raised in the appeal.

(B) Notwithstanding subsection (2)(A) above, a shortened record shall include the documents referred to in subsections (1)(a) and (d) above, and any document submitted in a shortened record shall comply with subsection (1)(c) and (e) above.

(C) A shortened record may be submitted only as agreed upon by all parties. The record shall contain any document that one or more parties desires to include in the record.

(D) Any party that desires to refer to a document that was eliminated by agreement of the parties in a shortened record may at any time file at the Commission office and serve a motion to supplement the record with that document, and shall include the document as part of its motion. A motion to supplement the record under this section shall comply with 350-060-0130.

(E) The shortened record shall be considered the complete record before the Gorge Commission for the purpose of any judicial review of the Gorge Commission’s decision.

(2) Filing of Record: Within 30 days after the Notice of Appeal is filed, the governing body shall file at the Commission office a certified paper copy or an electronic copy of the record of the proceeding under review. Approximately 30 days prior to the date of oral argument, the Commission will contact the governing body and request paper copies of the record, which the governing body shall provide to the Commission office no later than 14 days prior to the date of oral argument. The number of paper copies of the record will depend on the number of members of the Gorge Commission that request a paper copy.

(3) Service of Record: Contemporaneously with filing the record at the Commission office, the governing body shall serve a copy of the record, exclusive of audiotape recordings, large maps and other exhibits and documents that are difficult to duplicate, on the appellant, the applicant, and all other parties, including intervenors. If intervention is granted after the record is filed and served, then the governing body shall serve a copy of record as soon as possible after intervention is granted. The governing body may provide the record to parties in an electronic form.

(4) Specifications of Record:

(a) The record shall:

(A) Include a cover bearing the title of the case as it appears in the Notice, and the Commission’s numerical designation for the case, and shall indicate the numerical designation given the land use decision by the governing body;

(B) Begin with a table of contents, listing each item contained therein, and the page of the record where the item begins (see Exhibit 2), and listing each audiotape recording, large map or other exhibit or document retained by the governing body;

(D) Have pages numbered consecutively, with the page number at the bottom right-hand corner of each page;

(E) Be arranged in inverse chronological order, with the most recent item on top.

(F) Indicate whether it is a shortened record. The governing body is not required to indicate documents that were excluded by stipulation of all parties to produce the shortened record.

(b) A record which does not conform to the preceding requirements shall not be accepted by the Commission.

[ED NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0070 Objections to the Record

(1) Before filing an objection to the record, a party shall attempt to resolve the matter with the governing body.

(2) An objection to the record shall be filed at the Commission office and served within 10 days following service of the record on the party filing the objection. The party filing the objection to the record shall certify that the objection is made in good faith, that the objection is material, that the objection was not made for the purpose of delay, and that he or she has contacted the governing body and attempted to resolve the objection. Objections may be made on the following grounds:

(a) The record does not include all materials included as part of the record during the proceedings before the governing body. The omitted item(s) shall be specified, as well as the basis for the claim that the item(s) are part of the record.

(b) The record contains material not included as part of the record during the proceedings before the governing body. The item(s) not included as part of the record during the proceedings before the governing body shall be specified, as well as the basis for the claim that the item(s) are not part of the record.

(c) The minutes do not accurately reflect the proceedings, or the transcripts of the meetings or hearings are incomplete.

(3) An objection on grounds that the minutes or transcripts are incomplete or inaccurate shall demonstrate with particularity how the minutes or transcripts are defective and shall explain with particularity why the defect is material. Upon such demonstration, the Chair of the Commission shall require the governing body to produce additional evidence to prove the accuracy of the contested minutes or transcripts. If the evidence regarding contested minutes is in an audiotape recording, a transcript of the relevant portion shall be submitted.

(4) The Chair of the Commission may conduct a telephone conference with the parties to consider any objections to the record.

(5) If an objection to the record is filed, the time limits for all further procedures under these rules shall be suspended. When the objection is resolved, the Chair of the Commission shall issue a letter or order declaring the record settled and setting forth the schedule for subsequent events. Unless otherwise provided by the Chair of the Commission, the date of the Chair’s letter or order shall be deemed the date that the record is settled for purposes of computing subsequent time limits. A letter or an order of the Chair settling the record is not appealable to the full Commission.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0075 Alternative Dispute Resolution and Settlement

The Commission recognizes that: many of the matters that come before the Commission on appeal may be resolved through alternative dispute resolution (ADR), such as mediation; ADR may be a faster and less expensive process than appeal pursuant to these rules and beyond to the states’ courts; agreements reached through ADR may be more lasting and acceptable to the parties than a decision on the merits by the Commission or the states’ courts; and, ADR is a voluntary process.

(1) The Executive Director of the Commission shall review the parties’ ADR statements as soon as practicable.

(2) If, after reviewing the parties’ ADR statements, the Executive Director believes that ADR may be successful in resolving or partially resolving the matter, then the Director shall send a letter to the parties and offer assistance to the parties to obtain information about ADR or to identify possible ADR neutrals, specifically the states’ and other government-funded dispute resolution programs, community mediation programs, or other qualified neutrals; however, the Commission shall not be required to pay the cost of ADR. This subsection shall not be construed to prevent the parties from requesting the Commission’s assistance to resolve the matter through settlement or ADR at any time, or to limit the Commission’s authority to recommend to the parties that they attempt to resolve the matter through ADR.

(3) Upon motion, the Chair of the Commission shall place the appeal in abeyance or shall grant all necessary extensions of time to facilitate the parties’ attempts to resolve the matter through settlement or ADR. Should settlement or ADR be unsuccessful, any party may file a motion to reinstate the matter and reset the applicable time periods.

(4) Any oral discussion, written documents, or other record produced exclusively for the purpose of settlement or ADR, whether or not pursuant to this section, shall be confidential and not part of the record on appeal from the governing body (to the Gorge Commission) nor part of the Gorge Commission’s record to any reviewing court.

(5) The Commission shall not consider, as a basis for any decision pursuant to this division, a party’s decision to not participate in settlement or ADR, or knowledge that the matter was not resolved through settlement or ADR.

(6) Settlement:

(a) If a settlement changes the proposed development or any conditions of approval, the governing body shall provide notice of the changes to all persons entitled to receive notice of the original application. If the changes are substantial, then the governing body shall conduct a complete review of the changes in the same manner as if the settlement was a new land use application.

(b) When an appeal, or any issue in an appeal, is settled by the parties, the Commission shall not be required to review the settlement as a condition of the settlement. The Commission shall not be bound by any terms of the settlement agreement in the instant or future matters.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03

Or. Admin. R. 350-060-0080 Appellant’s Brief

(1) Filing and Service of Brief: The Appellant’s Brief shall be filed at the Commission office and served no later than 30 days after the record is filed, or settled if a party files an objection to the record. Failure to file an Appellant’s Brief within the time required by this section shall result in dismissal of the appeal.

(2) Specifications of Brief: The Appellant’s Brief shall

(a) Begin with a table of contents;

(b) Not exceed 50 pages, exclusive of appendices, unless permission for a longer brief is given by the Chair of the Commission. If a brief exceeding the 50 page limit is filed without permission, the Chair of the Commission shall notify the author and order a time period in which to submit a revised brief satisfying the 50 pages limit.

(c) Have a blue cover page, stating the full title of the proceeding, and the names, addresses and telephone numbers of all parties unrepresented by attorney. If a party is represented by an attorney, the name, address and telephone number of the attorney shall be substituted for the party. An intervenor shall be designated as either appellant or respondent.

(d) If there is more than one appellant, the cover page shall specify the appellant(s) filing the brief.

(e) Be typewritten, in 14-point type in a regularly used font such as Times New Roman, Helvetica, or Calibri, and double spaced;

(f) Be signed on the last page by the author. An electronic brief may contain an electronic signature or other generally accepted substitute.

(3) Contents of Brief: The Appellant’s Brief shall

(a) State the facts that establish appellant’s standing;

(b) Present a clear and concise statement of the case, in the following order, with separate section headings:

(A) The nature of the land use decision and the relief sought by the appellant;

(B) A summary of the arguments appearing under the assignments of error in the body of the brief;

(C) A summary of the material facts. The summary shall be in narrative form with citations to the pages of the record where the facts alleged can be found.

(d) Set forth each assignment of error under a separate heading. Where several assignments of error present essentially the same legal questions, the argument in support of those assignments of error shall be combined;

(e) Contain a copy of the challenged decision, including any adopted findings of fact and conclusions of law;

(f) Contain a copy of any management plan provisions, comprehensive plan provision, ordinance or other provision of local law cited in the brief, unless the provision is quoted verbatim in the brief.

(4) Copies of example Appellant’s briefs are available at the Commission office for parties to review for form.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0090 Special Review

(1) Where the appellant contends the land use decision eliminates all economic or beneficial use of the property, the appellant must meet the requirements for the Appellant’s Brief in Rule 350-060-0080 and the requirements for Special Review as follows:

(a) Set out the pertinent portions of the ordinance that apply;

(b) Describe how the ordinance impacts the use of the property;

(d) Explain why the requested use must be allowed to provide economic or beneficial use of the property.

(2) All other parties shall have the opportunity to specifically respond to the appellant’s submittal under this section in their briefs and the Executive Director or his or her designee shall also respond.

(3) The Commission, in its "Final Opinion and Order,” shall:

(a) Address the subject of economic or beneficial use in its findings of fact and conclusions.

(b) Specify the factual and/or legal principles relied on in support of the decision.

(c) Where appropriate, propose options for use for the property owner, or other options available to the appellant consistent with the ordinance.

(d) Where the Commission finds that enforcement of the land use ordinance will deprive the landowner of all economic or beneficial use of the property, the Commission shall remand the matter to the county for the county to allow a use as provided for by the order of the Commission. The economic or beneficial use allowed shall be the use that on balance best protects the affected resources. This section applies:

(A) If the Forest Service or the federal government does not provide just compensation for a Special Management Area designation it made; or

(B) For a General Management Area designation made by the Gorge Commission.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0100 Respondent’s Brief

(1) Filing and Service of Brief: Respondents shall file at the Commission office and serve a Respondent’s brief no later than 20 days after the date the Appellant’s Brief is filed.

(2) Specifications of Brief: The Respondent’s brief shall conform to the specifications of the Appellant’s Brief, except that the brief shall have a red cover. If there is more than one respondent, the cover page shall specify which respondent is filing the brief.

(3) Contents of Brief:

(a) The Respondent’s brief shall follow the form prescribed for the Appellant’s Brief. The respondent shall specifically accept the appellant’s statement of the case or shall cite any alleged omissions or inaccuracies therein, and may state additional relevant facts or other matters. The statement shall be in narrative form with citations to the pages of the record where support for the facts alleged can be found.

(b) The Respondent shall accept or challenge the appellant’s statement of the Commission’s jurisdiction and the appellant’s statement of standing. The basis for any challenge shall be stated. If the respondent contends that the facts alleged by the appellant in support of standing are not true, the respondent shall specify which allegations are contested.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0110 Reply Brief

A reply brief may not be filed.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0120 Oral Argument

(1) The hearing before the Commission shall be on the record submitted by the county, as long as the county has based its decision upon a record made at an adjudicative hearing open to participation by persons adversely affected or aggrieved. Only parties who have submitted briefs shall be allowed to present oral argument to the Commission.

(2) If the county did not base its decision upon a record made in an adjudicated hearing open to participation by persons adversely affected or aggrieved, then anyone adversely affected or aggrieved may participate in a hearing before the Commission.

(3) If a party waives the right to present oral argument, the Commission shall consider the case based on that party’s brief and the brief and oral arguments presented by other parties. The parties may, with consent of the Commission, stipulate to submit a case to the Commission on briefs without oral argument.

(4) The Commission shall inform the parties of the time and place of oral argument. Unless the Commission otherwise orders, the procedure for oral argument shall be as follows:

(a) Members of the Commission shall have an opportunity to ask questions that they wish the parties to address in their oral arguments.

(b) The appellant(s) shall be allowed 20 minutes for oral argument, which may be divided between the initial presentation and rebuttal, and which shall be uninterrupted by questions asked by members of the Commission. Multiple appellants shall share the twenty minutes for argument.

(c) The respondent(s) shall be allowed 20 minutes to respond, which shall be uninterrupted by questions asked by members of the Commission. Multiple respondents shall share the twenty minutes for argument.

(d) After the parties’ uninterrupted arguments, members of the Commission may ask brief questions of the parties concerning the facts of the case, the arguments made, and applicable law. Appellant(s) and respondent(s) shall each have 2 minutes to answer each question, except that the Chair may allow a longer time provided that both sides are afforded the same time to answer the question. Multiple petitioners or respondents shall share the allotted time to answer a question.

(5) The Commission shall audio record all arguments, but any party may also arrange at its own expense to record the argument in a manner that does not delay or disrupt the proceeding.

(6) The governing body shall ensure that all audio recordings, large maps, or exhibits and documents, which were not included in the duplicated record pursuant to 350-060-0060(1)(d), are present at the oral argument, even if the governing body chooses not to participate in oral argument. All other parties are encouraged to remind the governing body of this requirement. The governing body shall transmit such items to the Commission at the beginning of the hearing. The Commission shall have broad authority to redress a governing body’s failure to transmit such items, including but not limited to, postponing the hearing, exclusion of the item from the record before the Commission, or judicial notice of the contents of the record.

(7) The Commission may consult with its staff and counsel regarding facts, legal analysis, issues and matters in the appeal. The Commission may allow, but shall not be required to allow the parties to respond to the staff and counsel’s statements to the Commission.

(8) The Commission’s rules concerning ex parte contact and appearance of fairness, Commission Rules 350-16-016 and 350-16-017 shall apply.

(9) The Commission shall send a Notice of Hearing in accordance with Commission Rule 350-16, which shall also include a summary of the requirements and procedures for oral argument in this section.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0130 Motions, Generally and Procedural Orders

(1) Any party may submit a motion for action by the Chair of the Commission. For matters not otherwise specified by this division, the Chair of the Commission and all parties shall observe the following procedures for submittal and disposition of motions.

(2) A motion shall be filed at the Commission office by mail, email, or personal delivery.

(3) All contested motions shall be filed not less than 21 days prior to the date of the hearing before the Commission, except for good cause. A party seeking to file a motion less than 21 days prior to the hearing shall consult with all parties about the motion and present with the motion, an agreed schedule for responses. The schedule shall leave no less than 7 days prior to the hearing for the Chair of the Commission to issue an order, unless the Chair of the Commission consents to a shorter period.

(4) The movant shall serve a copy of the motion on all of the parties at the same time that the motion is filed and in the same manner as the motion was filed.

(5) Unless otherwise ordered by the Chair of the Commission, any party has 10 days to file a response to a motion, except that no response shall be filed for uncontested motions. The responding party shall serve a copy of the response on all of the parties at the same time that the response is filed and in the same manner that the response was filed. No party may file a reply to the response(s).

(6) Any motion or response to a motion that does not conform to this subsection shall be rejected.

(7) The Chair of the Commission may provide the parties with a copy of an order on a motion by electronic mail to parties that have not opted out of email service.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0150 Evidentiary Hearings

(1) Grounds for Hearing: The Commission may, upon written motion, conduct an evidentiary hearing in the case of disputed allegations in the parties’ briefs concerning standing, ex parte contacts or other procedural irregularities not shown in the record and which, if proved, would warrant reversal or remand of the decision. An evidentiary hearing may also be held upon motion or at the direction of the Commission to consider disputes regarding the content of the record or requests for stays.

(2) Motions for Hearings: A motion for an evidentiary hearing shall be filed at the Commission office and served on all parties at least 60 days in advance of oral argument, or less upon a demonstration of good cause. The motion shall contain a statement explaining with particularity what facts the moving party will present at the hearing and how those facts will affect the outcome of the review proceeding. Whenever possible such facts shall be presented by affidavit with the motion.

(3) Conduct of hearing:

(a) Insofar as the Commission finds it practical, the hearing shall be conducted in the following order:

(A) The moving party shall present its evidence including that of any witnesses;

(B) The other party(ies) shall have the opportunity to present evidence disputing that of the moving party;

(b) Any witness is subject to cross examination by opposing parties;

(d) The burden of presenting evidence in support of a fact or proposition rests on the proponent of the fact or proposition;

(e) The Commission may continue a hearing, and may set time limits for any hearing;

(f) Exhibits shall be marked to identify the party offering the exhibits. The exhibits shall be preserved by the Commission as part of the record.

(4) Evidentiary Rules:

(a) Evidence of a type commonly relied upon reasonably prudent person in conduct of their serious affairs shall be admissible.

(b) Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

(c) All evidence not objected to, shall be received by the Commission, subject to the Commission’s power to exclude irrelevant, immaterial or unduly repetitious matter.

(d) Evidence objected to may be received by the Commission. Rulings on the admissibility of such evidence, if not made at the hearing, shall be made at or before the time a final order is issued.

(5) Prehearing Conference: The Commission, on its own motion or at the request of any party, may call a prehearing conference to consider:

(a) Simplification of the issues;

(b) The possibility of obtaining admissions of fact and documents which will avoid unnecessary proof;

(d) The form and substance of any prehearing order;

(e) Such other matters as may aid in the disposition of the appeal.

(6) Proposed Prehearing Order: The Commission with or without a prehearing conference, may require that the parties prepare and sign a proposed prehearing order to be filed with the Commission on or before a date specified by the Commission. The order shall contain:

(a) A statement of contentions of law of each party;

(b) A concise statement of all contentions of fact to be proved by each party;

(d) A list of witnesses and a summary of their testimony;

(e) A list of exhibits and a statement of the contents of each;

(f) Such other matters as the Commission may require in order to expedite the hearing and appeal.

(7) Effect on Time Limits: The filing of a motion for evidentiary hearing shall suspend the time limits for all other events in the review proceedings, including the issuance of the Commission’s final order. If the Commission grants an evidentiary hearing, the time limits for other events shall remain suspended until the close of the hearing. Unless the parties agree otherwise, the Commission shall schedule any evidentiary hearing after the order granting the motion for evidentiary hearing is issued. If the Commission denies a motion for an evidentiary hearing, the time for all other events will begin to run on the date the Commission issues its order denying the motion, or on such other date as is specified in that order.

(8) Depositions: On petition of any party at least 14 days before an evidentiary hearing, the Commission may order testimony of any witness to be taken by deposition in the same manner prescribed for depositions in civil actions. Depositions may also be taken by the use of audio or audio visual recordings. The petition for deposition shall set forth:

(a) The name and address of the witness whose testimony is desired;

(b) A showing of relevance and materiality of the testimony;

(9) Subpoenas: If the Commission orders an evidentiary hearing, the Commission shall issue subpoenas to any party to the appeal upon written request and upon a showing that the witness or the documents to be subpoenaed will provide relevant evidence. Subpoenas may also be issued under the signature of the attorney of record of a party. Witnesses appearing pursuant to subpoena, other than parties or employees of the Commission, shall be tendered fees and mileage as prescribed by law for witnesses in civil actions. The party requesting the subpoena shall be responsible for service of the subpoena and tendering the witness and mileage fees to the witness.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0160 Intervention

(1) Standing to Intervene: Any person who appeared before the county may intervene in a review proceeding before the Commission. An intervenor shall be entitled to receipt of all matters requiring service upon the parties beginning on the date the motion to intervene is filed, regardless of whether an objection is filed.

(2) If the county review process is not open to persons adversely affected or aggrieved, any person adversely affected or aggrieved may intervene in a review proceeding before the Commission.

(3) Motion to Intervene: In the interests of promoting timely resolution of appeals, a motion to intervene shall be filed at the Commission office and served within 14 days after the Notice of Appeal is filed. The motion shall be served on all parties to the appeal and, if known, any person who has submitted a motion to intervene as of the date of the motion; the motion need not be served on all persons that the appellant served with the Notice of Hearing. The motion to intervene (exhibit 3) shall:

(a) State whether the party is intervening on the side of the appellant or the respondent;

(b) State the facts which show the party is entitled to intervene, supporting the statement with affidavits, citations to the record or other proof;

(c) Include a brief “Intervenor’s ADR Statement” stating whether the proposed intervenor is willing to attempt to resolve the case through alternative dispute resolution means. This statement shall not be used to argue merits of the appeal;

(d) Include a brief statement about whether the proposed intervenor is willing to consider a shortened record in accordance with 350-060-0060(f); and

(e) If applicable, a statement opting out of email service (note that a party must affirmatively opt out of email service).

(4) Objections to a motion to intervene shall be filed and served within 7 days of the motion.

(5) The intervenor shall be entitled to participate in developing the record, including shortening the record and filing objections to the record.

(6) The Chair of the Commission may conduct a telephone conference with the parties to consider an objection to a motion to intervene.

(7) The Chair of the Commission shall issue a written decision on the motion to intervene, which shall be served on all the parties. The Chair of the Commission shall not consider the ADR statement for the purpose of deciding whether to grant the motion to intervene.

(8) Intervenor’s Brief:

(a) If intervention is sought as an appellant, the brief shall be filed and served within the time limit for filing the Appellant’s Brief, and shall satisfy the requirements for the Appellant’s Brief in 350-060-0080.

(b) If intervention is sought as a respondent, the brief shall be filed and served within the time for filing a respondent’s brief and shall satisfy the requirements for a respondent’s brief in 350-060-0100.

[ED NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0170 Amicus Participation

(1) A person or organization may appear as amicus only by permission of the Commission on written motion. The motion shall set forth the specific interest of the movant and state reasons why a review of relevant issues would be significantly aided by participation of the amicus. A copy of the motion shall be served on all parties to the proceeding. The motion may include a statement that the amicus party opts out of email service. The Chair of the Commission shall decide motions for amicus participation.

(2) Appearance as amicus shall be by brief only, unless the Commission specifically requests oral argument. An amicus brief shall be subject to the same rules as those governing briefs of parties to the appeal and shall be filed and served within the time required for filing respondent’s brief. An amicus brief shall be submitted at the time the respondent’s brief is due unless a later date is authorized by the Chair of the Commission. No filing fee is required. An amicus brief shall have a green cover.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0180 Consolidation

The Chair of the Commission, at the request of any party or on its own motion, may consolidate two or more proceedings, provided the proceedings seek review of the same or closely related land use decision(s).

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0190 Extensions of Time

(1) In no event shall the time limit for the filing of the Notice of Appeal be extended.

(2) All other time limits may be extended upon written consent of all parties, the Commission’s motion or motion of a party.

(3) A motion for extension of time shall state the reasons for granting the extension and must be filed and served within the time required for performance of the act for which an extension of time is requested.

(4) A first motion for extension of time for any act, which requests an extension for no greater than 30 days and is stipulated to by all parties, shall be presumed granted on the date that the motion is filed. The Chair of the Commission shall confirm the extension to the parties.

(5) Any other motion for extension of time that is stipulated to by all parties shall be presumed granted for a period of 14 days, or until the Chair issues an order, whichever is earlier. The Chair of the Commission shall issue an order granting or denying the extension, and may modify the request.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0200 Stays

(1) A motion for a stay of a land use decision shall include:

(a) A statement setting forth movant’s right to standing to appeal the decision;

(b) A statement explaining why the challenged decision is subject to the Commission’s jurisdiction;

(c) A statement of facts and reasons for issuing a stay, demonstrating a claim of error in the decision and specifying how the movant will suffer irreparable harm if a stay is not granted;

(d) A suggested expedited briefing schedule;

(e) A copy of the decision under review and copies of all ordinances, resolutions, plans or other documents necessary to show the standards applicable to the decision under review.

(2) Unless otherwise ordered by the Chair of the Commission, a response to a motion for a stay of a land use decision shall be filed within 10 days after the motion is filed and shall set forth all matters in opposition to the motion and any facts showing any adverse effect, including an estimate of any monetary damages that will accrue if a stay is granted.

(3) The Chair of the Commission shall base a decision on the stay, including the right to a stay, or conditions of any stay order, upon evidence presented. Evidence may be attached to the motion in the form of affidavits, documents or other materials, or presented at an evidentiary hearing which may be convened at the discretion of the Chair of the Commission and follow the process in 350-060-0150.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2).
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0205 Dismissal by the Commission

(1) Voluntary dismissal: The Chair of the Commission shall dismiss an appeal upon motion by the Appellant filed or expressed orally to the Commission prior to an oral decision. The dismissal shall be considered with prejudice and shall be effective on the date it is filed or expressed orally to the Commission.

(2) Involuntary Dismissal: The Chair of the Commission may dismiss an appeal upon or without motion by any other party when it appears to the Chair that the Appellant and all intervenors on the side of the Appellant have failed to prosecute the appeal diligently; when the appeal is moot, or any other situation in which continuing the case would be manifestly unjust to the responding parties. The Chair of the Commission shall send a Notice of Intent to Dismiss stating the facts and reason for dismissal. The parties shall have 10 days to respond to the notice, unless the Notice of Intent to Dismiss specifies a longer time.

(3) The Chair of the Commission shall issue and serve on the parties an order of dismissal, which shall be an appealable action of the Commission.

(4) When an appeal is dismissed, the Commission shall make no decision on the merits of the appeal. In the event that the parties have entered into any settlement agreement concerning the issues raised in the appeal, the Commission shall not be bound by any terms of the settlement agreement in the instant or future matters.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03

Or. Admin. R. 350-060-0210 Final Order of Commission

(1) An Order of the Commission shall:

(a) Contain the caption of the appeal and state “Final Opinion and Order”;

(b) Acknowledge the record and other documents that were present before the Commission, and findings of fact and conclusions of law and/or an incorporation of findings and conclusions from the record below.

(d) Indicate whether the decision being reviewed is dismissed, affirmed, reversed or remanded;

(e) Contain the date of the final order;

(f) Contain a statement of the right to appeal the Commission’s Order in the following or substantially similar form, “NOTICE: You are entitled to judicial review of this order within 60 days of the date of this order, pursuant to section 15(b)(4) of the Scenic Area Act, P.L. 99-663.”; and

(g) Be signed by the Chair of the Commission, or his/her delegate.

(2) The final order shall be served on all parties. The parties are not afforded an opportunity to comment on the order before it is made final by the Commission.

(3) When an order of the Commission becomes final it shall be made available to interested members of the public. The Commission may charge a reasonable fee for copies of its final orders or other orders furnished to members of the public.

(4) No dissenting opinions by members of the Commission are allowed.

(5) For the purpose of calculating the time for judicial review of the Commission’s order, the date of the order shall be the date the order is served on the parties even if that date is later than the date that the order is signed.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0220 Reversal or Remand of Land Use Decisions

(1) The Commission shall reverse or remand a land use decision for further proceedings when:

(a) The governing body exceeded its jurisdiction;

(b) The decision is unconstitutional;

(d) The decision was clearly erroneous or arbitrary and capricious.

(e) The findings are insufficient to support the decision;

(f) The decision is not supported by substantial evidence in the whole record;

(g) The decision is flawed by procedural errors that prejudice the substantial rights of the appellant(s);

(h) The decision improperly construes the applicable law; or

(i) A remand is required pursuant to 350-060-0090(3)(d).

(2) The Chair of the Commission may grant a stipulated motion for a voluntary remand of a land use decision, or may order a remand upon motion by the governing body upon finding that all of the following criteria are met. When the Chair orders a remand pursuant to this section, it shall remand back to the last local decision maker that issued the appealed decision.

(a) The governing body shall either rescind the land use decision that is the subject of the appeal or provide that any new or modified land use decision shall supercede the remanded decision;

(b) The governing body shall not be required to issue a subsequent land use decision, but if it does, then it shall agree to address all of the issues raised in the appeal in that subsequent land use decision.

(c) The governing body shall follow all applicable notice and review procedures in modifying the remanded decision or issuing a new land use decision.

(d) An oral decision of the Commission has not been rendered in the matter.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0230 Reconsideration

Reconsideration is only permitted as follows:

(1) Within ten days of the service of a final order, any party may file a petition for reconsideration, stating the specific grounds upon which relief is requested and serving it on the Gorge Commission and all parties to the appeal.

(a) No petition for reconsideration may stay the effectiveness of an order.

(b) If a petition for reconsideration is timely filed, the time for filing a petition for judicial review does not commence until the agency disposes of the petition for reconsideration. The agency is deemed to have denied the petition for reconsideration if, within thirty days from the date the petition is filed, the agency does not either:

(A) Dispose of the petition; or

(B) Serve the parties with a written notice specifying the date by which it will act on the petition.

(2) Any party to the appeal may file a response within ten days of service of the petition.

(3) The following factors must be present for reconsideration:

(a) An error has been made in the decision; and

(b) New information is now available concerning the error which through due diligence could not have been acquired earlier.

(4) Unless the petition for reconsideration is deemed denied under subsection (a) above, the petition shall be disposed of by the Commissioners who entered the order, if reasonably available. The disposition shall be in the form of a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting the petition and setting the matter for further consideration without oral argument. Granting the petition for reconsideration shall require approval of two-thirds of the Commissioners who made the original decision. Once granted, subsequent dissolution or modification of the original decision/order requires a majority of the Commissioners who made the original decision.

(5) The filing of a petition for reconsideration is not a prerequisite for seeking judicial review. An order denying reconsideration, or a notice provided for in subsection (b) of this section is not subject to judicial review.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

Or. Admin. R. 350-060-0240 Special Rules for Filing of Appeal After Expiration of Appeal Period

(1) This section is intended to prevent manifest injustice that would result by a local government’s failure to comply with all procedural requirements such that an interested person was unable to meaningfully participate in a land use decision process. This section shall not be used to redress problems that may be redressed through a county or Gorge Commission enforcement action, whether or not any enforcement action is actually undertaken.

(2) If the local government approves a development that is materially different from the proposal described in the notice of development to such a degree that a reasonable person could not have understood the notice of development to describe the local government’s final actions, then an adversely affected person may file an appeal of the decision within 30 days of actual notice of the decision.

(3) If the development constructed is materially different from the development allowed in the local government’s decision to such a degree that a reasonable person could not have understood the decision to allow the actual development constructed, then an adversely affected person may file an appeal within 30 days after actual notice of the material difference, or within 30 days after the person reasonably should have known about the material difference, whichever is sooner.

(4) If the local government fails to provide notice of the proposed development or a copy of the final decision to a person who is legally entitled to the notice or decision, or has requested to receive the notice or decision, then that person may file an appeal within 30 days after actual notice of the approved development.

(5) In no event shall the time for appeal exceed the time period that the local government’s decision is valid.

(6) A person intending to file an appeal pursuant to this section shall first attempt to resolve that person’s concern with the local government. The local government shall give due consideration to the concerns raised and shall not rely solely on whether the concerns were timely raised. The local government may choose to allow the person to file an appeal with the local government.

(7) If the local government does not allow the appeal to be filed with the local government within 25 days, then the person may file the appeal directly with the Commission. In addition to the requirements for the Notice of Appeal specified in 350-060-0050, the appellant shall file a motion for an evidentiary hearing pursuant to 350-060-0150 to establish standing to maintain the appeal.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03

Division 70 APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES

Or. Admin. R. 350-070-0000 Purpose

The purpose of this division is to define the process and standards used by the Columbia River Gorge Commission in hearing appeals from decisions relating to the implementation of the Columbia River Gorge National Scenic Area Act ("National Scenic Act" or "Act"). The rule applies to appeals from decisions by the Executive Director under ordinances adopted by the Gorge Commission. This rule is intended to permit the appellant to build a more complete record than was before the Executive Director through briefing, and oral presentation of evidence and argument, and to allow interested persons to participate in that process.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0010 Authority

The National Scenic Act authorizes appeals to the Gorge Commission by a person or entity adversely affected by a final action or order, and this includes decisions by the Executive Director under a land use ordinance for a county adopted by the Gorge Commission.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0020 Scope

Scope of Rules: All proceedings commenced by Notice of Appeal shall be governed by these rules. Where this division is silent, divisions 11, 12, 14 and 16 of the Commission’s rules shall be applicable provided that the specific provisions are applied in a manner that does not conflict with the provisions of this division.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0030 Application

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0040 Definitions

In these rules, unless the context or subject matter requires otherwise:

(1) “Applicant” means the person who requested that the Executive Director of the Gorge Commission take an action which resulted in a land use decision.

(2) “Commission” means the Columbia River Gorge Commission.

(3) “Counties” means Multnomah, Hood River and Wasco counties, Oregon, and Clark, Skamania, and Klickitat counties, Washington.

(4) “Days” means calendar days.

(5) “Executive Director” or “Director” means the director of the Gorge Commission.

(6) “File” means to deliver to Commission offices by personal delivery, U.S. Postal mail, or email. Unless otherwise specified, a document shall be considered filed on the date that it is personally delivered, mailed, or emailed. A document that is emailed prior to midnight on the due date shall be considered filed on that due date.

(7) “Final decision”: A decision is final when it is reduced to writing and bears the signature of the Executive Director of the Gorge Commission.

(8) “Land use decision” means a final decision by the Executive Director based on the National Scenic Act.

(9) “Notice” means the Notice of Appeal and refers to the document which must be filed with the Commission in order to begin a review proceeding.

(10) “Person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the Commission. A person shall include the Executive Director of the Gorge Commission in his or her official capacity.

(11) “Serve” or “Service” means to send with the United States Postal Service by first class mail or to deliver in person, or to send my email, a copy of the original to all parties, including intervenors. All documents served on the other parties shall include a certification that the document was served on the same date that the document was filed.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0042 Delegation of Authority to the Chair of the Commission

(1) Where these rules refer to the Chair of the Commission, the Commission has delegated authority to the Chair or presiding officer designated by the Chair to act on those matters for the Commission, including but not limited to, procedural orders on behalf of the Commission relating to case setting, preliminary motions, and other procedural matters. The Chair of the Commission may also act on other matters specified for Commission action when the context indicates action by the Chair of the Commission or when action by the full Commission would be impracticable.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03

Or. Admin. R. 350-070-0045 Time

(2) Whenever a person has the right or is required to do some act or take some proceedings within a prescribed period of time after service or a document, and the service of the document is by mail, three (3) days shall be added to the prescribed time period. This does not apply to documents mailed when filing and service is accomplished by email.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03

Or. Admin. R. 350-070-0046 Electronic Filing and Service

(1) The Commission allows filing and service of all documents by electronic mail (email) to the Commission’s Office. All documents to be filed or served shall be emailed to crgc@gorgecommission.org, and shall have a subject heading that clearly identifies the email as filing a document or serving a document and that clearly identifies the appeal by caption and/or appeal number. The Commission allows email filing even if a person opts out of email service. A person need not file a document by mail if that person has already filed the document by email.

(2) All documents may be served by email to persons that do not opt out of email service (see rules below for Notice of Appeal and Notice of Appearance). Persons filing a petition for review are encouraged to communicate with persons who are entitled to receive a copy of the Notice of Appeal about electronic service of the Notice of Appeal.

(4) The Commission understands that persons’ computers and internet service may display times that vary by several minutes, and have different technological capabilities. Persons filing and serving documents by email should communicate with each other to ensure that the documents can be received and read. The Commission will apply the rules in this chapter in the interest of promoting full participation in an appeal, resolving the appeal in an expeditious manner, and to promote justice in disputes concerning email filing and service such as whether a document was timely filed; timely served; should have been filed or served by email; whether and when the document was received; and whether the document was sent in a readable format. In resolving disputes over electronic service, the Commission will consider whether persons made good faith efforts to communicate about electronic mail service and whether persons attempted to resolve the dispute without involving the Commission.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11

Or. Admin. R. 350-070-0047 Who May Appeal

(1) The applicant, any person who submitted a timely written comment on a land use application, or any person entitled under 350-070-0240 may appeal the final decision of an application.

(2) Notwithstanding subsection (1) above, any person may participate in the appeal as provided in this division.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03

Or. Admin. R. 350-070-0050 Notice of Appeal

(1) Filing: A person wishing to appeal a decision by the Director shall file a Notice of Appeal at the Commission office on or before the 30th day after the date the decision sought to be appealed becomes final. A Notice filed thereafter shall not be deemed timely filed and the appeal shall be dismissed.

(2) Service of Notice of Appeal: The Appellant shall serve a copy of the Notice of Appeal on all persons identified in the Notice as required by subsection (3)(g) of this rule on or before the date the Notice of Appeal is required to be filed.

(3) Contents of Notice of Appeal: The Notice of Appeal shall be substantially in the form set forth in Exhibit 1 and shall contain:

(a) A caption, which specifies the title of the appeal as “In the matter of an appeal of Development Review Decision No. [FILE NUMBER] by [APPELLANT’S NAME].”

(b) Adjacent to the caption, the heading “Notice of Appeal”;

(d) The date the decision to be reviewed became final;

(e) A concise description of the appellant’s reasons for appealing the decision including citations to the findings of fact, conclusions of law and conditions of approval in the decision and to provisions of the land use ordinance, sufficient to permit a person to understand the issues the appellant is raising to the Commission;

(f) A brief “ADR Statement” stating whether the appellant is willing to attempt to settle the case through negotiation with the Executive Director and other interested persons, or through alternative dispute resolution (including but not limited to mediation), and specifying the potentially interested persons (if applicable). This statement shall not be used to argue the merits of the appeal.

(g) The name, address, email address, and telephone number of each of the following:

(A) The Appellant, except that if an attorney represents the appellant, then the attorney's name, address, email address, and telephone number shall be substituted for that of the appellant.

(B) The applicant, if other than the appellant. If the applicant is represented by an attorney, then the applicant's address and telephone number may be omitted and the name, address and telephone number of the applicant's attorney shall be included;

(C) Any other person to whom written notice of the land use decision was mailed as shown on the Executive Director's records. The telephone number and email address may be omitted for any such person.

(h) A statement advising that all persons may give testimony at the hearing on the appeal; however, if a person wishes to receive a copy of the record an/or participate in the proceedings prior to the hearing, then that person must file and serve a Notice of Intervention pursuant to 350-70-170. The applicant is an automatic party to the appeal and need not file a notice of intervention.

(i) A statement that the Commission will set the date, time, and place for a hearing on the appeal and provide notice of the hearing approximately 20 days prior to the date of the hearing.

(j) A statement that written comments on the appeal will be accepted by the Commission until the close of the public hearing, but that persons are encouraged to submit written comments within 60 days from the date of the Notice of Appeal.

(k) A statement informing all persons whether the party filing the Notice of Appeal opts out of email service, and a statement informing persons that service of documents may be by email unless a person expressly opts out of receiving documents by email.

(l) Proof of service upon all persons required to be named in the Notice.

(4) Filing Fee and Deposit for Costs: The Columbia River Gorge Commission may charge a filing fee and deposit. Filing fees and deposits, if any, shall be set by the Gorge Commission’s Executive Director and shall not exceed the true cost to the Commission of handling the appeal.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0060 Special Review Process

(1) In any development review decision by the Executive Director where the applicant contends the result eliminates all beneficial use of the property, the applicant must request special review as follows:

(a) Make the request in writing.

(b) Set out the pertinent portions of the ordinance that apply;

(d) Attach copies of any documents (maps, deeds, easements, etc.) that are relevant; and

(e) Explain why the requested use must be allowed to provide economic or beneficial use of the property.

(f) The request for special review shall be served, concurrently with the Notice of Appeal, on the Executive Director and all persons entitled to service of the Notice of Appeal. If a person who was not served with a copy of the request for special review intervenes, then the applicant shall, as soon as possible, serve a copy of the request for special review on the intervenor.

(g) An intervenor shall have the opportunity to specifically respond to the request and any response shall be filed and served within 14 days after the applicant serves the request for special review on the intervenor.

(2) The Director, on receipt of a request for special review and intervenors’ responses (if any), shall take the following steps:

(a) Evaluate the request for special review and intervenors’ responses.

(b) Take one of the following steps:

(A) Where appropriate, recommend options for use of the property that are consistent with the ordinance; or

(B) Where the Director finds that enforcement of the land use ordinance will deprive the landowner of all economic or beneficial use of the property, the Director shall recommend the Commission allow a use for the property. The economic or beneficial use recommended shall be the use that on balance best protects the affected resources. This section applies:

(i) If the Forest Service or the federal government does not provide just compensation for a Special Management Area designation it made; or

(ii) For a General Management Area designation made by the Gorge Commission.

(c) Include proposed findings of fact in the recommendation. This shall be completed within 30 days after the last due date for the filing of an intervenor’s response; and

(d) Specify the factual and/or legal principles relied on in support of the recommendations.

(3) The Executive Director shall serve the recommendation on the request for special review on the applicant and all intervenors.

(4) The filing of a request for special review shall toll all subsequent time periods specified in these rules, except for intervention specified in 350-070-0170. The time periods, beginning with the filing of the record pursuant to 350-070-0070 shall begin to run on the date that the Executive Director serves the recommendation on the request for special review.

(5) The recommendation on a request for special review shall not be construed as an approval or denial of any land use. The applicant may continue the appeal or may submit a new land use application for the recommended land use(s).

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0070 Record

(1) Contents of Record: The record shall include the following:

(a) The final decision including findings of fact and conclusions of law;

(b) All evidence, exhibits, maps, documents or other written materials included in the Executive Director's land use application file; photos, maps, and exhibits that were prepared by or presented to the Executive Director in color shall be provided to the Commission in color in the original or certified copy of the record and all duplicate copies of the record;

(d) All documents relating to an applicant’s request for special review, including the applicant’s request, the Executive Director’s recommendation, and all documents relied on by the Executive Director in making the recommendation.

(e) The Executive Director may retain any audiotape recording, large maps, or exhibits and documents which are difficult to duplicate, until the date of oral argument. The Executive Director shall make these items reasonably available for inspection and duplication by any person during the pendency of the appeal, and shall specify in its filing of the record the procedure for reviewing for these items.

(2) Preparation and Service of Record: Within 30 days after the Notice of Appeal is filed, the Executive Director shall prepare and serve a copy of the record, exclusive of audiotape recordings, large maps and other exhibits and documents which are difficult to duplicate, on the appellant and intervenors. The Commission may serve the record to persons in an electronic form to persons not opting out of email service.

(3) Specifications of Record:

(a) The record shall:

(A) Include a cover bearing the title of the case as it appears in the Notice;

(B) Begin with a table of contents, listing each item contained therein, and the page of the record where the item begins and listing each audiotape recording, large map or other exhibit or document retained by the Executive Director;

(D) Have pages numbered consecutively, with the page number at the bottom right-hand corner of each page;

(E) Be arranged in inverse chronological order, with the most recent item on top.

(3) The Commission may charge persons the cost of duplicating and serving paper copies of the record consistent with the Commission’s public records rule, 350-12.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0080 Objections to the Record

(1) Before filing an objection to the record, a person shall attempt to resolve the matter with the Executive Director.

(2) An objection to the record shall be filed at the Commission office and served within 10 days following service of the record on the person filing the objection. The person filing the objection to the record shall certify that the objection is made in good faith, that the objection is material, that the objection was not made for the purpose of delay, and that he or she has contacted the Executive Director and attempted to resolve the objection. Objections may be made on the following grounds:

(a) The record does not include all materials in the Executive Director’s land use application file. The omitted item(s) shall be specified, as well as the basis for the claim that the item(s) are part of the record.

(b) The record contains material not included in the Executive Director’s land use application file. The item(s) not included shall be specified, as well as the basis for the claim that the item(s) are not part of the record. A document that is excluded from the record under this subsection may still be submitted to the Commission as otherwise provided in this division.

(c) The minutes or transcripts of meetings or hearings are incomplete or do not accurately reflect the proceedings. An objection on grounds that the minutes or transcripts are incomplete or inaccurate shall demonstrate with particularity how the minutes or transcripts are defective and shall explain with particularity why the defect is material. Upon such demonstration, the Chair of the Commission shall require the Executive Director to produce additional evidence to prove the accuracy of the contested minutes or transcripts. If the evidence regarding contested minutes is an audiotape recording, a transcript of the relevant portion shall be submitted.

(3) The Chair of the Commission may conduct a telephone conference to consider and resolve any objections to the record.

(4) If an objection to the record is filed, the time limits for all further procedures under these rules shall be suspended. When the objection is resolved, the Chair of the Commission shall issue a letter or order settling the record and setting forth the schedule for subsequent events. Unless otherwise provided by the Chair of the Commission, the date of

the letter or order shall be deemed the date that the record is settled for purposes of computing subsequent time limits. A letter or an order of the Chair settling the record is not appealable to the full Commission.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0085 Alternative Dispute Resolution

The Commission recognizes: that many of the matters that come before the Commission on appeal may be resolved through alternative dispute resolution (ADR), such as mediation; that ADR may be a faster and less expensive process than appeal pursuant to these rules and beyond to the states’ courts; that agreements reached through ADR may be more lasting and acceptable than a decision on the merits by the Commission or the states’ courts; and, that ADR is a voluntary process.

(1) If, after reviewing the ADR statements and evaluating the matter itself, the Executive Director believes that ADR may be successful in resolving or partially resolving the matter, then it shall initiate ADR. This subsection shall not be construed to mean that participation in settlement or ADR is mandatory.

(2) Upon motion by any person or her own motion the Chair of the Commission shall place the appeal in abeyance or shall grant all necessary extensions of time to facilitate resolution through settlement or ADR. Should settlement or ADR be unsuccessful, the Chair of the Commission shall reinstate the matter or reset the applicable time periods.

(3) Any oral discussion, written documents, or other record produced exclusively for the purpose of settlement or ADR, whether or not pursuant to this section, shall be confidential and not part of the record on appeal to the Gorge Commission, nor part of the Gorge Commission’s record to any reviewing court.

(4) The Commission shall not consider, as a basis for any decision pursuant to this division, a person’s decision to not participate in settlement or ADR, or knowledge that the matter was not resolved through settlement or ADR.

(5) Settlement:

(a) If a settlement changes the proposed development or any conditions of approval, the Executive Director shall provide notice of the changes to all persons entitled to receive notice of the original application. If the changes are substantial, then the Executive Director shall conduct a complete review of the changes in the same manner as if the settlement was a new land use application.

(b) When an appeal, or any issue in an appeal, is settled, the Commission shall not be required to review the settlement as a condition of the settlement. The Commission shall not be bound by any terms of the settlement agreement in the instant or future matters.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03

Or. Admin. R. 350-070-0090 Appellant’s Brief

(1) Filing and Service of Brief: The appellant shall file at the Commission office and serve an Appellant’s Brief within 30 days after the date the record is filed or settled if a party files an objection to the record. The Brief shall also be served on intervenors. Failure by the Appellant to file an Appellant’s Brief within the time required by this section shall result in dismissal of the appeal and forfeiture of the filing fee and deposit for costs to the Gorge Commission.

(2) Specifications of Brief: The Brief shall

(a) Begin with a table of contents;

(b) Not exceed 50 pages, exclusive of appendices, unless permission for a longer brief is given by the Chair of the Commission. If an Appellant’s Brief exceeding the 50 page limit is filed without permission, the Chair of the Commission shall notify the author, and a revised brief satisfying the 50 pages limit shall be filed and served within three (3) days of notification.

(c) Have a blue cover page, stating the full title of the proceeding, and the names, addresses and telephone numbers of the appellant and all intervenors. If any of the above is represented by an attorney, the name, address and telephone number of the attorney shall be substituted.

(d) If there is more than one appellant, the cover page shall specify the appellant(s) that are filing the Brief.

(e) Be typewritten, in 14-point type in a regularly used font such as Times New Roman, Helvetica, or Calibri, and double spaced;

(f) Be signed on the last page by the author. An electronic brief may contain an electronic signature or other generally accepted substitute.

(3) Contents of Brief: The Appellant’s Brief shall:

(a) Present a clear and concise statement of the case, in the following order, with separate section headings:

(A) The relief sought by the appellant;

(B) A summary of the arguments;

(C) A summary of the material facts. The summary shall be in narrative form with citations to the pages of the record where the facts alleged can be found, or other documents that the appellant intends to introduce at the hearing.

(b) Set forth each issue under a separate heading. Where several issues present essentially the same legal questions, the argument in support of those issues shall be combined;

(c) Contain, each as separate appendices, copies of all management plan provisions, comprehensive plan provisions, and all local state, regional, and federal laws cited in the brief, unless the provision is quoted verbatim in the Brief.

(d) Contain, each as separate appendices, copies of any documents and evidence, not contained in the record, that are referred to in the Brief.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0110 Response and Reply Briefs

Response and reply briefs shall not be filed.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0120 Motions, Generally and Procedural Orders

For the purpose of this section only, the term “party” shall refer to the appellant and any intervenor.

(2) A motion shall be filed at the Commission office by mail, email, or personal delivery.

(4) The movant shall serve a copy of the motion on all of the parties at the same time that the motion is filed and in the same manner as the motion was filed.

(6) Any motion or response to a motion that does not conform to this subsection shall be rejected.

(7) The Chair of the Commission may provide the parties with a copy of an order on a motion by electronic mail to parties that have not opted out of email service.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0130 Notice of Hearing

(1) The Commission shall send a notice of hearing in accordance with Commission Rule 350-016-0009, and shall also include in the Notice of Hearing the due date and procedure for submitting written comments on the appeal, and the procedure that will be used for the hearing.

(2) The Commission shall provide the Notice of Hearing by first class mail to the appellant, all intervenors, and the applicant (if different from the appellant) at least 20 days prior to the hearing. The Commission shall publish notice of the hearing on or before the date the Notice of Hearing is mailed.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0140 Hearing

(1) The hearing before the Commission shall be "de novo" but shall include the record submitted by the Executive Director.

(2) Conduct of hearing:

(a) The hearing shall be conducted in the following order:

(A) The Executive Director shall briefly summarize the decision on appeal and any recommendation if different from the decision on appeal;

(B) The appellant shall present its evidence including that of any witnesses;

(D) Any person opposing the appellant shall present his or her testimony and evidence opposing the appellant;

(E) Any person who wishes to offer evidence or testify but neither supports nor opposes the appellant shall present his or her testimony.

(F) The Executive Director may respond to the testimony and evidence presented raised by the testimony and evidence presented by the written and oral testimony, including exhibits.

(G) The appellant shall be allowed to present rebuttal evidence limited to the specific issues raised by the testimony and evidence presented by the written and oral testimony, including exhibits, and the Executive Director;

(H) The applicant, if different than the appellant and if an intervenor, shall be allowed to present rebuttal evidence limited to the specific issues raised by the testimony and evidence presented by the written and oral testimony, including exhibits, and the Executive Director.

(b) The appellant and members of the Gorge Commission may ask questions orally of the persons testifying. Any other person who desires to ask a question shall submit that question in writing to the Chair of the Commission, who shall ask the question on behalf of the person. The Chair of the Commission may choose not to ask any question that is repetitious, unduly prejudicial, or unrelated to the testimony and issues raised in the appeal. The Chair of the Commission may also limit the number of questions, including from members of the Commission and the appellant to ensure hearings proceed on schedule with the Commission’s agenda.

(d) The burden of presenting evidence in support of a fact or proposition rests on the proponent of the fact or proposition;

(e) The Commission may continue a hearing, may leave open the record for submission of additional evidence necessary to address issues raised at the hearing, and may set time limits for any hearing, including time limits for oral presentations;

(f) Exhibits shall be marked to identify the person offering the exhibits. The Appellant shall mark his or her exhibits as "Appellant’s Exhibit (n)." All other participants shall mark their exhibits as "(PARTICIPANT’S NAME’s) Exhibit (n)." The exhibits shall be preserved by the Commission as part of the record.

(3) Evidentiary Rules:

(a) Evidence of a type commonly relied upon by a reasonably prudent person in conduct of their serious affairs shall be admissible.

(b) Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

(c) All evidence not objected to, shall be received by the Commission, subject to the Commission's power to exclude irrelevant, immaterial or unduly repetitious matter.

(d) Evidence objected to may be received by the Commission. The Chair of the Commission shall rule on all offers of evidence, including objections to testimony. Rulings on the admissibility of such evidence, if not made at the hearing, shall be made at or before the time a final order is issued.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0150 Depositions

On petition of any person, the Chair of the Commission may order testimony of any witness to be taken by deposition in the same manner prescribed for depositions in civil actions. Depositions may also be taken by the use of audio or audio visual recordings. The petition for deposition shall set forth:

(1) The name and address of the witness whose testimony is desired;

(2) A showing of relevance and materiality of the testimony;

(3) A request for an order that the testimony of the witness be taken.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0160 Subpoenas

The Chair of the Commission shall issue subpoenas to any person upon written request and upon a showing that the witness or the documents to be subpoenaed will provide relevant evidence generally not available without subpoena. Subpoenas may also be issued under the signature of the attorney of record for a person. Witnesses appearing pursuant to subpoena, other than the appellant, any person providing written or oral testimony, or employees of the Commission, shall be tendered fees and mileage as prescribed by law for witnesses in civil actions. The person requesting the subpoena shall be responsible for service of the subpoena and tendering the witness and mileage fees to the witness.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0170 Intervention

(1) Any person may intervene in an appeal proceeding before the Commission. Status as an intervenor shall be recognized upon filing a Notice of Intervention.

(2) Notice of Intervention: In the interests of promoting timely resolution of appeals, a Notice of Intervention shall be filed at the Commission office within 14 days after the Notice of Appeal is filed pursuant to 350-070-0050. The Notice of Intervention (exhibit 2) shall:

(a) State whether the person supports or opposes the appellant, or whether the person neither supports nor opposes the appellant;

(b) Include a brief statement of the reasons for filing the motion for intervention, including citations to the decision and land use ordinance, if different than the reasons set forth in the Notice of Appeal.

(c) Include a brief “Intervenor’s ADR Statement” stating whether the intervenor is willing to attempt to participate in resolving the case through negotiation or alternative dispute resolution, such as mediation. This statement shall not be used to argue merits of the appeal.

(d) Be served on the appellant and all other persons who have filed a Notice of Intervention.

(e) If applicable, a statement opting out of email service (note that a person must affirmatively opt out of email service).

(3) A person who files a Notice of Intervention shall be entitled to receive a copy of all matters that are filed with the Commission.

(4) Intervenor’s Brief:

(a) An intervenor who supports the Appellant may file a brief, due at the same time as the appellant’s brief, that satisfies the requirements in 350-070-0090, except that the Brief shall be entitled, “Intervenor [NAME]’s Brief in Support of Appellant.”

(b) An intervenor who opposes the Appellant may file a brief, due at the same time as the appellant’s brief, that satisfies the requirements in 350-070-0090, except that the Brief shall be entitled, “Intervenor [NAME]’s Brief Opposing Appellant”, and shall have a red cover.

[ED NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0190 Consolidation

The Commission, at the request of any person or on its own motion, may consolidate two or more proceedings, provided the proceedings seek review of the same or closely related land use decision(s).

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0200 Extensions of Time

(1) In no event shall the time limit for the filing of the Notice of Appeal be extended.

(2) All other time limits may be extended upon written consent of the appellant and participants, the Commission’s motion, or the motion of the appellant or a participant.

(4) A first motion for extension of time for any act, which requests an extension for no greater than 30 days and is stipulated to by the appellant and all intervenors, shall be presumed granted on the date that the motion is filed. The Chair of the Commission shall confirm the extension to the appellant and all intervenors.

(5) Any other motion for extension of time that is stipulated to by the appellant and all intervenors shall be presumed granted for a period of 14 days, or until the Chair issues an order, whichever is earlier. The Chair of the Commission shall issue an order granting or denying the extension, and may modify the request.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0210 Stays

(1) Only an appellant or intervenor who would have standing to appeal a land use decision may file a motion for a stay. The movant may file a Notice of Intervention concurrently with the motion for a stay. A motion for a stay of a land use decision shall include:

(a) A statement setting forth the movant's right to standing to appeal the decision;

(b) A statement explaining why the challenged decision is subject to the Commission's jurisdiction;

(c) A statement of facts and reasons for issuing a stay, demonstrating a colorable claim of error in the decision and specifying how the movant will suffer irreparable harm if a stay is not granted;

(d) A suggested expedited briefing schedule;

(e) A copy of the decision under review and copies of all ordinances, resolutions, plans or other documents necessary to show the standards applicable to the decision under review.

(3) The Chair of the Commission shall base a decision on the stay, including the right to a stay, or conditions of any stay order, upon the motion presented. Documents may be attached to the motion in the form of affidavits, maps or other materials, or presented at a hearing which may be convened at the discretion of the Chair of the Commission and follow the process in 350-70-140.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0220 Final Order of Commission

(1) A Final Order of the Commission shall:

(a) Contain the caption of the appeal and state “Final Opinion and Order”;

(d) Contains findings of fact and conclusions of law or incorporates them from the record below.

(e) Indicate the Commission’s decision;

(f) Contain the date of the final order; and

(g) Be signed by the Chair of the Commission.

(2) The order shall be served on all parties.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0225 Dismissal by the Commission

(2) Involuntary Dismissal: The Chair of the Commission may dismiss an appeal when it appears to the Chair that the Appellant has failed to prosecute the appeal diligently; when the appeal is moot, or any other situation in which continuing the case would be manifestly unjust. The Chair of the Commission shall send a Notice of Intent to Dismiss stating the facts and reason for dismissal. The Appellant and intervenors shall have 10 days to respond to the notice, unless the Notice of Intent to Dismiss specifies a longer time.

(3) The Chair of the Commission shall issue and serve on the Appellant and intervenors an order of dismissal, which shall be an appealable action of the Commission.

(4) When an appeal is dismissed, the Commission shall make no decision on the merits of the appeal. In the event that the Appellant and intervenors have entered into any settlement agreement concerning the issues raised in the appeal, the Commission shall not be bound by any terms of the settlement agreement in the instant or future matters.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03

Or. Admin. R. 350-070-0230 Reversal or Remand of Land Use Decisions

The Chair of the Commission may grant a stipulated motion for a voluntary remand of a land use decision, or may order a remand upon motion by the Executive Director upon finding that all of the following criteria are met.

(1) The Executive Director shall either rescind the land use decision that is the subject of the appeal or provide that any new or modified land use decision shall supercede the remanded decision;

(2) The Executive Director shall not be required to issue a subsequent land use decision, but if he or she does, then he or she shall agree to address all of the issues raised in the appeal in that subsequent land use decision.

(3) The Executive Director shall follow all applicable notice and review procedures in modifying the remanded decision or issuing a new land use decision.

(4) An oral decision of the Commission has not been rendered in the matter.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95
CRGC 4-1993, f. & cert. ef. 8-4-93
CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93

Or. Admin. R. 350-070-0240 Special Rules for Filing of Appeal After Expiration of Appeal Period

(1) This section is intended to prevent manifest injustice that would result by the Executive Director’s failure to comply with all procedural requirements such that an interested person was unable to meaningfully participate in a land use decision process. This section shall not be used to redress problems that may be redressed through an enforcement action, whether or not any enforcement action is actually undertaken.

(2) If the Executive Director approves a development that is materially different from the proposal described in the notice of development to such a degree that a reasonable person could not have understood the notice of development to describe the Executive Director’s final actions, then an adversely affected person may file an appeal of the decision within 30 days of actual notice of the decision.

(3) If the development constructed is materially different from the development allowed in the Executive Director’s decision to such a degree that a reasonable person could not have understood the decision to allow the actual development constructed, then an adversely affected person may file an appeal within 30 days after actual notice of the material difference, or within 30 days after the person reasonably should have known about the material difference, whichever is sooner.

(4) If the Executive Director fails to provide notice of the proposed development or a copy of the final decision to a person who is legally entitled to the notice or decision, or has requested to receive the notice or decision, then that person may file an appeal within 30 days after actual notice of the approved development.

(5) In no event shall the time for appeal exceed the time period that the Executive Director’s decision is valid.

(6) A person intending to file an appeal pursuant to this section shall first attempt to resolve that person’s concern with the Executive Director. The Executive Director shall give due consideration to the concerns raised and shall not rely solely on whether the concerns were timely raised. The Executive Director may choose to address that person’s concerns administratively.

(7) If the Executive Director does not agree to address the person’s concerns administratively within 25 days, then the person may file the appeal directly with the Commission. In addition to the requirements for the Notice of Appeal specified in 350-070-0050, the appellant shall state the relevant facts and argument to establish standing to maintain the appeal.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2)
CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03

Division 82 LAND USE ORDINANCE

Or. Admin. R. 350-082-0010 Purpose

The purpose of Commission Rule 350-082 is to implement the Revised Management Plan for the Columbia River Gorge National Scenic Area adopted on October 13, 2020, and concurred on February 19, 2021, and as subsequently amended.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0020 Affected Area

(1) Commission Rule 350-082 applies to all lands within the Columbia River Gorge National Scenic Area as designated by the Columbia River Gorge National Scenic Area Act and described in Commission Rule 350-10, for which a county does not implement a land use ordinance consistent with the Management Plan.

(2) Commission Rule 350-082 becomes effective on May 1, 2022.

(3) Those portions of Commission Rule 350-082 pertaining to the General Management Area (GMA) shall no longer be effective in a county that has adopted and put into effect a land use ordinance that the Gorge Commission has found to be consistent with the Management Plan.

(4) Those portions of Commission Rule 350-082 pertaining to the Special Management Areas (SMAs) shall no longer be effective in a county that has adopted and put into effect a land use ordinance that the Gorge Commission has tentatively found to be consistent with the Management Plan and the Secretary of Agriculture has concurred.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0030 Maps

The Land Use Designation, Landscape Settings, and Recreation Intensity Classes maps adopted by the Gorge Commission as part of the Management Plan for the Columbia River Gorge National Scenic Area are hereby incorporated by reference into this land use ordinance. Full-size paper maps and electronic maps are available at the Gorge Commission office. Electronic maps are also available on the Gorge Commission’s website. Reduced-size copies of the maps are in 350-082-0030 Appendix.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 U.S.C. § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 U.S.C. § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0040 Review and Approval Required

No building, structure or land shall be used and no development shall occur, including, but not limited to erecting, altering, or enlarging any building or structure, or changing land boundaries through division, alteration or otherwise, including those proposed by local, state or federal agencies, in the Columbia River Gorge National Scenic Area except for uses and development listed in in this land use ordinance and approved under the applicable procedural and substantive guidelines in this land use ordinance.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0050 Dates are Calendar Days

All dates contained in this land use ordinance are “calendar days.” When a deadline for accomplishing an act in this land use ordinance falls on a weekend or legal holiday, the deadline shall be the next business day, and all following deadlines shall be calculated from that deadline. A legal holiday is any day in which the United States Postal Service does not deliver mail or when the Gorge Commission is closed due to weather, natural disaster, or decision of the Executive Director.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0060 Uniform Application

(1) This land use ordinance shall be applied consistent with and in the spirit of the National Scenic Area Act.

(2) The Gorge Commission, Forest Service, and counties should strive to apply Management Plan provisions uniformly throughout the National Scenic Area, except when a county has adopted a more restrictive provision.

(3) In applying provisions of this land use ordinance, the Gorge Commission may consider, but shall not be constrained by, Forest Service interpretations, county interpretations, state interpretations and application of state law and administrative regulations, and judicial decisions that do not directly involve the Management Plan or this land use ordinance.

(4) In reviewing and revising the Management Plan in 2020, the Gorge Commission and Forest Service used Webster’s Third New International Dictionary, unabridged (2002) for undefined terms. When interpreting and applying this land use ordinance, the Gorge Commission will use Webster’s Third New International Dictionary, unabridged (2002) for undefined terms. For terms that do not appear in this dictionary, the Gorge Commission will consider the online (free) version of Merriam-Webster unabridged (available at https://unabridged.merriam-webster.com/ as of the date of enactment of this land use ordinance). For terms that do not appear in the online (free) version, the Gorge Commission will consider other available dictionaries.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0070 Definitions

As used in this land use ordinance, unless otherwise noted, the following words and their derivations have the following meanings. Unless otherwise noted, these definitions apply to both General Management Area (GMA) and Special Management Areas (SMAs).

(1) Accepted agricultural practice: A mode of operation that is common to farms or ranches of similar nature, necessary for the operation of such farms or ranches to obtain a profit in money and customarily utilized in conjunction with agricultural use.

(2) Accessible: In compliance with the Federal accessibility guidelines and standards. Accessible sites and facilities do not contain barriers limiting their use by people with disabilities.

(3) Accessory structure or Accessory building: A structure or detached building whose use is incidental and subordinate to that of the main use of the property, and that is located on the same parcel as the main building or use. The term “detached” means that the main building and accessory building do not share a common wall. An accessory building connected to the main building by a breezeway is a detached building.

(4) Accessory renewable energy system: A system accessory to a primary structure or allowed use on the parcel that converts energy into a usable form such as electricity or heat and conveys that energy to the allowed structure or use. An Accessory Renewable Energy System is a solar thermal, photovoltaic, or wind turbine structure, or group of structures designed to offset all or part of the annual energy requirements of the primary use on the subject parcel.

(5) Active wildlife site: A wildlife site that has been used within the past five years by a rare wildlife species.

(6) Addition: An extension or increase in the area or height of an existing building.

(7) Adversely affect or Adversely affecting: A reasonable likelihood of more than moderate adverse consequence for the scenic, cultural, recreation or natural resources of the scenic area, the determination of which is based on—

(a) the context of a proposed action;

(b) the intensity of a proposed action, including the magnitude and duration of an impact and the likelihood of its occurrence;

(c) the relationship between a proposed action and other similar actions which are individually insignificant but which may have cumulatively significant impacts; and

(d) and proved mitigation measures which the proponent of an action will implement as part of the proposal to reduce otherwise significant effects to an insignificant level.

(8) Agency official: The federal, state, or local agency head or designee who has authority over a proposed project.

(9) Agricultural building: A building located on a farm or ranch and used in the operation for the storage, repair, and maintenance of farm equipment and supplies or for the raising or storage of crops and livestock. These include, but are not limited to: barns, silos, workshops, equipment sheds, greenhouses, and processing facilities.

(10) Agricultural specialist (SMA only): A person such as a county extension agent with a demonstrated knowledge of farming operations, and a demonstrated ability to interpret and recommend methods to implement regulations pertaining to agriculture. Such abilities are usually obtained through a combination of higher education and experience.

(11) Agricultural structure: A structure (not including buildings) located on a farm or ranch and used in the operation. These include, but are not limited to: wind machines (orchards), storage bins, fences, trellises, and irrigation systems.

(12) Agricultural use: The current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting, and selling crops; or by the feeding, breeding, management, and sale of, or production of, livestock, poultry, fur-bearing animals or honeybees; or for dairying and the sale of dairy products; or any other agricultural or horticultural use, including Christmas trees. Current employment of land for agricultural use includes:

(a) The operation or use of farmland subject to any agriculture-related government program;

(b) Land lying fallow for one year as a normal and regular requirement of good agricultural husbandry;

(d) Land under buildings supporting accepted agricultural practices; and

(e) Agricultural use does not include livestock feedlots.

(13) Air: The mixture of gases comprising the Earth’s atmosphere.

(14) Anadromous fish: Species of fish that migrate upstream to freshwater after spending part of their life in the ocean (saltwater).

(15) Anaerobic: A condition in which molecular oxygen is absent (or effectively so) from the environment.

(16) Aquaculture: The cultivation, maintenance, and harvesting of aquatic species.

(17) Aquatic area: The water area of a stream, pond, or lake measured at the ordinary high water mark.

(18) Archaeological resources: See cultural resource.

(19) Archival research: Research in primary documents that is likely to yield information regarding human occupation of the area in question, including but not limited to deed, census, cartographic, and judicial records.

(20) Background: One of three main visibility distance zones used to determine relative sensitivity of a development, structure, or use based on its distance from the viewer. Background is represented in the space from four miles to the horizon.

(21) Bed and breakfast inn: An establishment located in a structure designed as a single-family dwelling where more than two rooms but fewer than six rooms are rented on a daily basis. Bed and breakfast inns are clearly incidental to the use of a structure as a single-family dwelling and are owner occupied and operated. Bed and breakfast inns operate as traveler accommodations, not as rooming or boarding houses.

(22) Best Management Practices (BMPs): Conservation techniques and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment; minimize adverse effects to groundwater and surface-water flow and circulation patterns; and maintain the chemical, biological, and physical characteristics of wetlands, ponds, streams, and riparian areas.

(23) Biodiversity (SMA only): A diversity of biological organisms at the genetic, species, ecosystem, and landscape levels.

(24) Boat landing: Cleared area or developed structure used to facilitate launching or retrieving watercraft.

(25) Buffer zone: An area adjacent to a wetland, stream, pond, or other sensitive area that is established and managed to protect sensitive natural resources from human disturbance. In instances that involve a wetland, stream, or pond, the buffer zone includes all or a portion of the riparian area.

(26) Building: Any structure used or intended for supporting or sheltering any use or occupancy. Buildings have a roof supported by columns or walls. They include, but are not limited to, dwellings, garages, barns, sheds, and shop buildings.

(27) Camping vehicle or recreational vehicle: A vacation trailer, camper, self-propelled vehicle, or structure equipped with wheels for highway use that is intended for recreational purposes, but not for residential purposes, and is equipped with plumbing, sink, or toilet. A camping vehicle or recreational vehicle shall be considered a dwelling unit if it is connected to a sewer system (including septic tank), water, and electrical lines, or occupied on the same parcel for more than 60 days in any consecutive 12-month period.

(28) Campsite: Single camping unit that usually consists of a cleared, level area for a tent, and may include a parking spur, fire ring, table, and other amenities.

(29) Capability: The ability of land to produce forest or agricultural products due to characteristics of the land itself, such as soil, slope, exposure, or other natural factors.

(30) Canopy closure (SMA only): For forest practices, the percentage measuring the degree to which one layer of a tree canopy blocks sunlight or obscures the sky as measured from below.

(31) Cascadian architecture (SMA only): Architectural style using native rock work, large timber, and steeply pitched roofs in a rustic manner.

(32) Catastrophic situations (SMA only): Forces such as fire, insect and disease infestations, and earth movements.

(33) Childcare center: A facility providing daycare to three or more children, but not including:

(a) The provision of care that is primarily educational, unless provided to a preschool child for more than four hours a day;

(b) The provision of care that is primarily supervised training in a specific subject, including but not limited to dancing, gymnastics, drama, music or religion;

(d) The provision of daycare in the provider’s home in the family living quarters for less than 13 children.

(34) Columbia River Gorge National Scenic Area Graphic Signing System: Sign design standards developed for the National Scenic Area for public signs in and adjacent to public road rights-of-way.

(35) Columbia River treaty tribes: See definition for Indian tribes.

(36) Commercial event: An organized gathering at an allowed commercial development. Such events include weddings, receptions, indoor concerts, and farm dinners, and are incidental and subordinate to the primary use on a parcel.

(37) Commercial development or use: Any facility or use of land or water whose function is primarily retail buying or selling of goods or services or both. This does not include fruit and produce stands.

(38) Commercial forest products: These include timber for lumber, pulp, and firewood for commercial purposes.

(39) Commercial recreation: Any private (non-governmental) recreational activity or facility on privately owned land, excluding nonprofit facilities. This does not include operation of a public recreation facility by a private vendor.

(40) Community facility: Basic utilities and services necessary to support public service needs, including but not limited to water and power utilities, sanitation facilities, public microwave stations and communication facilities, schools, roads, and highways. This does not include sanitary landfills.

(41) Consulting parties (cultural resources): Organizations or individuals who submit substantive written comments to the Executive Director in a timely manner because they are concerned with the effects of a proposed use on cultural resources.

(42) Contiguous land: Parcels or other lands that are under the same ownership and have a common boundary, regardless of whether portions of the parcels have separate tax lot numbers, lie in different counties, lie in different sections or government lots, lie in different land use or zoning designations, or are separated by public or private roads. Contiguous land does not include parcels that meet only at a single point.

(43) Counties: The six counties within the National Scenic Area: Hood River, Multnomah, and Wasco in Oregon; and Clark, Skamania, and Klickitat in Washington.

(44) Created opening (SMA only): A created forest opening with less than 40 percent average canopy closure of overstory trees and less than 60 percent average canopy closure of understory trees averaging less than five inches diameter at breast height for coniferous forests and less than 25 percent total canopy cover for oak woodlands. This definition does not include agricultural fields.

(45) Creation (wetlands): A human activity that converts an upland into a wetland. This definition presumes that the area to be converted has not been a wetland in recent times (100 to 200 years).

(46) Cultivation: Any activity that prepares land for raising crops by turning, breaking, or loosening the soil. Cultivation includes plowing, harrowing, leveling, and tilling.

(47) Cultural resource: The objects, features, sites and places that have meaning and significance for specific human groups and cultures. Cultural resources support the cohesive bonds of the communities that recognize and comprehend their significance. Cultural resources can be divided into four types: archaeological resources, historic buildings and structures, traditional cultural properties, and traditional use areas.

(a) Archaeological resources: The artifacts and features left in the landscape of early American Indian activities and the historic activities of early settlers. Artifacts are human-manufactured items and the waste material from manufacture. Features are the human alterations in the landscape. Artifacts include arrowheads and the stone waste flakes from making them and historic cans, bottles, ceramics and wooden and metal objects left in dumps or scattered in the landscape. Features include human-made pits in talus slopes, stacked rocks, rock walls, blazed and scarred trees, ditches, railroad grades, wagon roads, cabin foundations and other human modifications of the natural landscape.

(b) Historic buildings and structures: Standing structures and their associated features. Often, they are still in use but can be abandoned and deteriorating. They are distinct from historic archaeological resources by being above ground and not collapsed to the level of the surrounding landscape.

(c) Traditional cultural properties: Monumental sites, sacred places, legendary areas, mythical locations, traditional gathering areas, and landscapes and landscape features that are identified by the specific communities that hold meaning for them. They maintain and perpetuate values and practices of the group that attach significance to them. They provide spiritual cohesion to the community.

(d) Traditional use areas: Procurement and processing sites in the landscape for every kind of resource a society needs to perpetuate its specific culture. They are the sources for food, medicine, fibers and tools that provide subsistence for a specific group’s culture.

(48) Culturally significant foods: Natural resources used by Native Americans for subsistence, medicine and ceremony, including, water, fish, big game, roots, and berries.

(49) Culturally significant plants and wildlife: native plant and animal species essential to the culture of a Native American group.

(50) Cumulative effects: The combined effects of two or more activities. The effects may be related to the number of individual activities, or to the number of repeated activities on the same piece of ground. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time.

(51) Cut: An area where soil or earth is excavated or removed in conjunction with development activities.

(52) Dedicated site: An area actively devoted to the current use and as delineated on the site plan.

(53) Deer and elk winter range: Areas normally used, or capable of being used, by deer and elk from December through April.

(54) Destruction of wetlands: Loss of the wetlands or any of its component parts, including the filling, draining, or other adverse effect to the sustainable functioning of the wetland.

(55) Developed recreation: Recreational opportunities characterized by high-density use on specific sites and requiring facilities installation. Density of use, amount of site development, and type of recreation site can vary widely across the spectrum of recreation activities.

(56) Developed road prism (SMA only): The area of the ground associated with a particular road and containing the road surface, ditch, shoulder, retaining walls, or other developed features. Does not include the natural appearing portions of cut and fill slopes.

(57) Development: Any land division or new construction or modification of buildings, structures and roads, and any earth-moving activity, including, but not limited to, mining, dredging, filling, grading, paving, and excavation.

(58) Diameter at breast height (dbh): The diameter of a tree as measured at breast height.

(59) Distance zone: distance zones (see Background, Middleground, and Foreground) are used to determine relative sensitivity of a development, structure, or use based on its distance from the viewer. Generally, the closer a development is to the area it is being viewed from, the more attention will need to be given to site placement, design features, and mitigations to ensure the development blends with the landscape

(60) Duplex: A building containing two dwelling units and designed for occupancy by two families.

(61) Single-family dwelling: A detached building containing one dwelling unit and designed for occupancy by one family only.

(62) Dwelling unit: A single self-contained unit with basic facility needs for day-to-day living. Basic facility needs include, but are not limited to, a food preparation area or kitchen, sleeping area(s), and a bathroom.

(63) Earth materials: Any rock, natural soil or any combination thereof. Earth materials do not include non-earth or processed materials, including, but not limited to, construction debris (e.g., concrete, asphalt, wood), organic waste (e.g., cull fruit, food waste), and industrial byproducts (e.g., slag, wood waste).

(64) Effect on treaty rights: To bring about a change in, to influence, to modify, or to have a consequence to Indian treaty or treaty-related rights in the Treaties of 1855 with the Nez Perce, Umatilla, Warm Springs and Yakama tribes executed between the individual Indian tribes and the Congress of the United States and as adjudicated by the Federal courts.

(65) Emergency/disaster: A sudden unexpected occurrence, either the result of human or natural forces, necessitating immediate action to prevent or mitigate significant loss or damage to life, health, property, essential public services, or the environment.

(66) Emergency/disaster response: Actions involving any development (such as new structures, grading, or excavation) or vegetation removal that must be taken immediately in response to an emergency/disaster event (as defined above). Emergency/disaster response actions not involving any structural development or ground-disturbance (such as use of emergency transport vehicles, communications activities, or traffic control measures) are not included in this definition and are not affected by these provisions.

(67) Endemic: Plant and animal species that are found only in the vicinity of the Columbia River Gorge area.

(68) Enhancement (natural and scenic resources): A human activity that increases or makes greater the value, desirability or attractiveness of one or more functions of an existing sensitive area. For riparian areas, such as wetlands, streams, and lakes, enhancement is generally limited to the area that is degraded. Enhancing a sensitive natural resource area that is in good or excellent condition may reduce biological diversity and eliminate other natural functions and may not be desirable.

(69) Ephemeral streams (SMA only): streams that contain flowing water only during, and for a short duration after, precipitation events.

(70) Equitable recreation: development and services that are equally accessible and available to all people regardless of income level, ethnicity, gender, ability, or age.

(71) Ethnography: The descriptive and analytic study of the culture of particular groups. An ethnographer seeks to understand a group through interviews with its members and often through living in and observing it.

(72) Existing industrial complex: Areas including some existing industrial use and where readily visible remnants of past industrial activities exist. The complex includes buildings, including those abandoned or partially abandoned, paved areas, stockpiles, equipment storage areas, quarry areas, etc., and may include isolated patches of vegetation or rock outcroppings surrounded by areas described above. The complex does not extend to include areas where evidence of past activity is no longer readily evident in the landscape.

(73) Existing use or structure: Any use or structure that was legally established and that has continued to operate lawfully and has not been discontinued. “Legally established” means:

(a) The landowner or developer obtained applicable land use and building permits and complied with land use regulations and other laws that were in effect at the time the use or structure was established, or that were in effect at the time the landowner or developer corrected an improperly established use or structure;

(b) The use or structure was initially operated or constructed according to those applicable permits, land use regulations and other laws, or has been operated or constructed according to permits obtained to correct an improperly established use or structure; and

(c) Any changes to the original use or structure must comply with all applicable permit requirements, land use regulations and other laws that were in effect at the time the change was established.

(74) Exploration, development (extraction and excavation), and production of mineral resources: Includes all or any part of the process of surface, underground, or submerged mining of mineral resources, and transportation of mineral resources from the site. Minerals include soil, coal, clay, stone, sand, gravel, metallic ore, oil and gases and any other material or substance excavated for commercial, industrial or construction use. For the Management Plan, this definition includes all exploration and mining, regardless of area disturbed or volume mined. Production of mineral resources means the use of portable crushing, onsite stockpiling, washing, milling, screening, or sorting equipment or other similar methods of initial treatment of a mineral resource and transport to another site for use or further processing. Secondary processing such as concrete or asphalt batch plants are considered industrial uses.

(75) Fill: The placement, deposition, or stockpiling of sand, sediment, or other earth materials to create new uplands or create an elevation above the existing surface.

(76) Finished grade: The final elevation of the ground level of a property after construction is completed.

(77) Footprint: The area that falls directly beneath and shares the same perimeter as a structure.

(78) Forbs: Broad-leaved herbs, in contrast to ferns, fern allies, and grasses and grasslike plants.

(79) Foreground: One of three main visibility distance zones used to determine relative sensitivity of a development, structure, or use based on its distance from the viewer. Foreground is represented in the space from zero (the viewer) up to one-half mile.

(80) Forest health (SMA only): A measure of the robustness of forest ecosystems. Forests are deemed healthy when they have capacity across the landscape for renewal, for the maintenance of wildlife habitats, for recovery from a wide range of disturbances, and for retention of their resilience.

(81) Forest practice (SMA only): Any activity conducted on or directly pertaining to forested land and relating to forest ecosystem management including but not limited to growing, thinning, or removing live or dead forest tree or shrub species, road and trail construction, reforestation, fertilizing, brush control, prevention of wildfire, and suppression of diseases and insects. The removal of hazardous trees is excluded. Uses that include establishment, management or harvest of Christmas trees, nursery stock, or fiber producing tree species requiring intensive cultivation (irrigation, fertilization, etc.) and a harvest rotation of 12 years or less are considered agricultural uses.

(82) Forest practice (GMA only): Those activities related to the growing and harvesting of forest tree species, as defined by the Oregon Forest Practices Act or the Washington Forest Practices Act.

(83) Forest products: Commodities produced from a forest, including, but not limited to, timber products, boughs, mushrooms, pine cones, and huckleberries.

(84) Forest Service: The United States Department of Agriculture Forest Service – National Scenic Area Office.

(85) Forest stand structure (SMA only): The number, types and spacing of tree species, tree sizes, and canopy layers contained in a stand of trees.

(86) Forest use: The growing, propagation, and harvesting of forest tree species and other forest products.

(87) Fruit and produce stand: A venue on a farm or ranch selling produce and agricultural products primarily grown on the subject farm or ranch. Associated incidental agricultural products from the local region and associated incidental marketing materials shall not make up more than 25% of the sales at the stand. Incidental products may include processed foods like jams and jellies. Foods prepared for consumption on the premises are not permitted. Fruit and produce stands are not a commercial use.

(88) Fully screened: A description used when determining compliance with the scenic standards (visually subordinate and not visually evident), where a structure, development or use is not visible as viewed from a specified vantage point (generally a key viewing area, for the purpose of the Management Plan). See Scenic Resources Implementation Handbook for more information regarding screening for development in the National Scenic Area.

(89) General Management Area or GMA: The portion of the National Scenic Area that is not designated in the National Scenic Area Act as a special management area or an urban area. The National Scenic Area Act does not use the term “general management area.”

(90) Gorge Commission: The Columbia River Gorge Commission.

(91) Grade (ground level): The average elevation of the finished ground elevation as defined by the International Building Code.

(92) Grading: Any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition.

(93) Hazard tree (SMA only): A tree with a structural defect that will predictably result in whole or partial failure within 1.5 tree lengths of a road or maintained development. A defective tree is hazardous only when its failure could result in danger to people or damage to structures, vehicles, or other property.

(94) Height of building: The greatest vertical distance between the point of lowest finished grade adjoining any exterior wall of a building and the highest point of the roof, such as the highest coping or parapet of a flat roof, the highest deck line of a mansard roof, or the highest ridge of a hip, gable, gambrel, shed or other pitched roof.

(95) Herbaceous: A plant with no persistent woody stem above the ground, with characteristics of an herb.

(96) Herbs: Non-woody (herbaceous) plants, including grasses and grasslike plants, forbs, ferns, fern allies, and non-woody vines. (Note: Seedlings of woody plants that are less than three feet tall shall be considered part of the herbaceous layer.)

(97) Historic buildings and structures: See cultural resource.

(98) Historic survey: Actions that document the form, style, integrity, and physical condition of historic buildings and structures. Historic surveys may include archival research, architectural drawings, and photographs.

(99) Home occupation: A small-scale commercial use conducted in a legal single-family dwelling or accessory structure, employing the residents of the dwelling and up to three outside employees. Periodic use of home offices, studios, and other work areas used only by the residents of the dwelling are not a home occupation.

(100) Horses, boarding of (GMA only): The stabling, feeding, and grooming, or the use of stalls for and the care of horses not belonging to the owner of the property, and related facilities, such as training arenas, corrals, and exercise tracks. These facilities are either operated for a fee or by a nonprofit organization.

(101) Hydric soil: A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.

(102) Immediate foreground for scenic corridors: A subset of one of the three main visibility distance zones used to determine relative sensitivity of a development, structure, or use based on its distance from the viewer. Immediate foreground is represented in the space from zero (the viewer) up to one-quarter mile. For scenic travel corridors in the GMA, immediate foreground also includes lands within one-quarter mile of the edge of pavement. In the SMAs, immediate foreground includes the developed prism of a road or trail KVA or within the boundary of the developed area of KVAs (such as Crown Point or Multnomah Falls).

(103) In-lieu or treaty fishing access sites: Sites acquired by the Army Corps of Engineers and transferred to the Bureau of Indian Affairs for treaty fishing, in lieu of those usual and accustomed fishing areas lost by inundation from reservoir construction. These sites were acquired under the provisions of Public Law 79-14 and Public Law 100-581, Section 401. Additional in-lieu or treaty fishing access sites will be provided for.

(104) Indian tribes: The Nez Perce Tribe, the Confederated Tribes and Bands of the Yakama Nation, the Confederated Tribes of the Warm Springs, and the Confederated Tribes of the Umatilla Indian Reservation.

(105) Industrial uses: Any use of land or water primarily involved in:

(a) Assembly or manufacture of goods or products;

(b) Processing or reprocessing of raw materials, processing of recyclable materials or agricultural products not produced within a constituent farm unit;

(c) Storage or warehousing, handling or distribution of manufactured goods or products, raw materials, agricultural products, forest products, or recyclable materials for purposes other than retail sale and service; or

(d) Production of electric power for commercial purposes.

(106) Interpretive displays: Signs and structures that provide for the convenience, education, and enjoyment of visitors, helping visitors understand and appreciate natural and cultural resources and their relationship to them.

(107) Key components: The attributes that are essential to maintain the long-term use and productivity of a wildlife site. The key components vary by species and wildlife site. Examples include fledgling and perching trees, watering sites, and foraging habitat.

(108) Key viewing area (KVA): Those portions of identified important public roads, parks, or other vantage points within the National Scenic Area from which the public views National Scenic Area landscapes. Such portions include gathering points, rest areas, roads and trails that provide primary access to the area, parking lots, and associated recreation areas. Identified areas include:

(a) For projects located in the GMA and SMAs:

(A) Historic Columbia River Highway (including the Historic Columbia River Highway State Trail)

(B) Crown Point

(D) Multnomah Falls

(E) Washington State Route 14

(F) Beacon Rock

(G) Panorama Point Park

(H) Cape Horn

(I) Dog Mountain Trail

(J) Cook-Underwood Road

(K) Rowena Plateau and Nature Conservancy Viewpoint

(L) Portland Women’s Forum State Park

(M) Bridal Veil State Park

(N) Larch Mountain (including Sherrard Point)

(O) Rooster Rock State Park

(P) Bonneville Dam Visitor Centers

(Q) Columbia River

(R) Washington State Route 141

(S) Washington State Route 142

(T) Oregon Highway 35

(U) Sandy River

(V) Pacific Crest Trail

(b) For projects located in the SMAs only:

(A) Old Highway 8 (previously known as Old Washington State Route 14 and County Road 1230)

(B) Wyeth Bench Road (also known as Wyeth Road)

(109) Land division: The division or redivision of contiguous land(s) into tracts, parcels, sites or divisions, regardless of the proposed parcel or tract size or use. A land division includes, but is not limited to, short subdivisions, partitions, and subdivisions.

(110) Landscape setting: The combination of land use, cultural features, landform pattern and features, vegetation, and waterform that distinguish an area in appearance and character from other portions of the National Scenic Area.

(111) Livestock feedlot: Stockyards and commercial livestock finishing yards for cattle, sheep, swine, and fur bearers. Feedlots do not include winter pasture or winter hay-feeding grounds.

(112) Lot line adjustment: Relocation of one or more common boundary lines between two contiguous parcels that does not create additional parcels.

(113) Maintenance: Ordinary upkeep or preservation of a serviceable structure affected by wear or natural elements. Maintenance does not change the original size, scope, configuration, or design of a structure. Maintenance includes, but is not limited to, painting and refinishing, regrouting masonry, patching roofs, grading gravel roads and road shoulders, cleaning and armoring ditches and culverts, filling potholes, controlling vegetation within rights-of-way, removing trees and other roadside hazards within rights-of-way, and testing and treating utility poles.

(114) Managerial setting: the on-site controls (signs, regulations, or other regimentation) and types of facilities recreationists could expect when visiting recreation sites.

(115) Middleground: one of three main visibility distance zones used to determine relative sensitivity of a development, structure, or use based on its distance from the viewer. Middleground is represented in the space between the foreground and the background. The middleground is located from one-half mile up to four miles from the viewer.

(116) Mitigation: The use of any or all the following actions, in the following order of priority:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action.

(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

(e) Offsetting impacts by creating or enhancing affected resources.

(f) Monitoring the result of mitigation actions and taking appropriate corrective actions.

(117) Mosaic (SMA only): The dispersal of overstory and understory leave trees in irregularly spaced clumps of varying sizes throughout an irregularly shaped created forest opening.

(118) Multifamily dwelling: A dwelling constructed or modified into two or more dwelling units.

(119) National Scenic Area: The Columbia River Gorge National Scenic Area.

(120) Native species: Species that naturally inhabit an area.

(121) Natural grade: The undisturbed elevation of the ground level of a property before any excavation or construction operations.

(122) Natural resources: Wetlands, streams, ponds and lakes, riparian areas, wildlife and wildlife habitat, rare plants, and natural areas. In the SMAs, natural resources also include soil productivity.

(123) Natural resource specialist: A person with professional qualifications, including an academic degree or sufficient professional experience, in the subject matter the specialist is being asked to analyze or evaluate.

(124) Natural resource-based recreation (SMA only): Recreation activities, uses, or facilities that essentially depend on the unique natural, scenic, or cultural resources found within the National Scenic Area. Campgrounds, trails, boating and windsurfing facilities, swimming beaches, picnic sites, viewpoints, interpretive parks, and similar outdoor recreation facilities are considered resource-based; golf courses, tennis courts, and rental cabins are not.

(125) Nonprofit organization: An organization whose nonprofit status has been approved by the U.S. Internal Revenue Service.

(126) Not visually evident (SMA only): One of the two scenic standards applicable within the National Scenic Area. A description of the relative visibility of a development, structure or use that provides for developments, structures, or uses that are not visually noticeable to the casual visitor and the defining landscape setting characteristics appear intact. Deviations may be present but must repeat form, line, color, texture and pattern common to the natural landscape setting so completely and at such scale, proportion intensity, direction, pattern, etc., that it not be noticeable.

(127) Old growth (SMA only): A forest stand usually at least 180-220 years old with moderate to high canopy closure; a multi-layered, multi-species canopy dominated by large overstory trees; high incidence of large trees, some with broken tops and other indications of old and decaying wood (decadence); numerous large snags, and heavy accumulations of wood, including large logs on the ground.

(128) Operational (SMA only): For new agricultural use, an agricultural use shall be deemed operational when the improvements and investments described in the Stewardship Plan are in place on the parcel.

(129) Ordinary high water mark: The mark on all streams, ponds, and lakes that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a vegetative character distinct from that of the abutting upland. In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute.

(130) Other related major structure (SMA only): A structure related to a dwelling on a parcel in an SMA that is less than 40 acres in size, which is not incidental and subordinate to the main use of the property. A building or structure that satisfies the definition of “accessory building” is not an “other related major structure” or a “major development action.”

(131) Overnight accommodations (GMA only): The rental of one or more rooms located in legal single-family dwelling on a daily or weekly basis. Overnight accommodations are clearly incidental to the use of a structure as a single-family dwelling and are owner-operated.

(132) Overstory (SMA only): For forest practices, the tall or mature trees that rise above the shorter or immature understory trees.

(133) Parcel:

(a) Any unit of land legally created by a short division, partition, or subdivision that was legally recognized under all state laws and local ordinances in effect on November 17, 1986. A unit of land that is eligible for consolidation as provided in the Management Plan shall not be considered a parcel.

(b) Any unit of land legally created and separately described by deed, sales contract, or record of survey prior to November 17, 1986, if the unit of land complied with all planning, zoning, and land division ordinances or regulations applicable at the time of creation and up through November 16, 1986.

(c) A unit of land legally created and separately described by deed or sales contract after November 17, 1986, if the unit was approved under the Final Interim Guidelines or a land use ordinance consistent with the Management Plan, or by the Forest Service prior to the Final Interim Guidelines.

(d) A unit of land shall not be considered a separate parcel simply because the subject tract of land:

(A) Is a unit of land solely created to establish a separate tax account;

(B) Lies in different counties;

(D) Lies in different land use or zoning designations; or

(E) Is dissected by a public or private road.

(134) Physical setting: the physical quality of the landscape at a recreation site, and how rustic recreation facilities may appear. Physical setting is distinct and not to be confused with landscape settings and landscape setting character descriptions.

(135) Practicable: Able to be done, considering technology and cost.

(136) Preexisting: Existing prior to the adoption of the first Columbia River Gorge National Scenic Area Management Plan on October 15, 1991.

(137) Previously disturbed: An area of land where the natural surface has been graded, excavated, paved, or graveled.

(138) Priority Habitat: Areas that provide habitat for rare wildlife determined by the Forest Service, Oregon Department of Fish & Wildlife, or Washington Department of Fish & Wildlife.

(139) Project area: The geographic area or areas within which new development and uses may cause changes in the character or use of cultural resources, if any such resources exist.

(140) Public dock: A dock constructed, maintained and operated by a federal, state, local, or tribal government entity to provide public access to a water body.

(141) Public use facility: Recreation development(s) that meet the definition of “recreation facility” in the Management Plan and are open for use by the general public. Private clubs and other facilities limited to members or otherwise restricted in availability shall not be considered public use facilities.

(142) Rare plant species: Various categories of plants and plant communities cited in federal and state programs. Rare plants and rare plant ecosystems are:

(a) Endemic to the Columbia River Gorge and vicinity (see 350-082-0690 Table 2 – Columbia Gorge and Vicinity Endemic Species);

(b) Listed as endangered or threatened pursuant to federal or state endangered species acts; or

(c) Designated global or state status rank 1, 2, or 3 by the Oregon Biodiversity Information Center or Washington Natural Heritage Program.

(d) Additionally, in the SMAs, rare plant species also include plant species recognized by the Regional Forester as needing special management to prevent them from being placed on federal or state endangered species lists.

(143) Rare wildlife species: Wildlife species that are:

(a) Listed as endangered or threatened pursuant to federal or state endangered species acts;

(b) Listed as endangered, threatened, sensitive, or candidate by the Washington Wildlife Commission;

(d) Considered to be of special interest to wildlife management authorities and the public (great blue heron, osprey, golden eagle, peregrine falcon, and prairie falcon).

(e) Additionally, in the SMAs, rare wildlife species also include animal species recognized by the Regional Forester as needing special management to prevent them from being placed on federal or state endangered species lists.

(144) Recreation facility: A cluster or grouping of recreational developments or improvements located in relatively close proximity to one another, and that are not separated in distance by more than 1/4 mile of land that does not contain any such recreational developments or improvements, except for roads or pathways.

(145) Recreation resort: A master-planned development focused on accessing a range of resource-based recreational opportunities, consisting of predominately short-term visitor accommodations and supporting commercial uses.

(146) Reconnaissance survey: Actions conducted to determine if archaeological resources are present in an area that would be affected by a proposed use. Reconnaissance surveys may include archival research, surface surveys, subsurface testing, and ethnographic research.

(147) Recreation opportunity spectrum (ROS): A means of classifying areas in relation to the types of recreation opportunities and experiences they provide or are appropriate for. The spectrum ranges from primitive (wilderness areas) to urban (highly modified areas).

(a) Primitive: Remote, inaccessible areas with a high degree of solitude and with resources essentially unmodified.

(b) Semiprimitive: Areas accessible only by primitive transportation routes, with low to moderately infrequent human encounters and with only subtle modifications to the natural setting.

(d) Rural: Roaded areas with moderate to highly frequent human encounters and with the natural setting dominated by cultural modifications.

(e) Suburban: Areas representing the rural-urban interface, with urban-like roads, structures, highly frequent human encounters, and dominant resource modifications encroaching into the rural landscape.

(f) Urban: Highly accessible, roaded areas dominated by human encounters and human-related structures.

(148) Recreation resources: Areas and facilities that provide recreation opportunities and experiences. Recreation resources include semi-primitive areas with few facilities and developed sites.

(149) Recreation setting: the tool for managing recreation development and opportunities based on the sites social, physical, and managerial setting.

(150) Reflective surface: providing a reflection; capable of reflecting light or other radiation.

(151) Regularly maintained: An area of land that has been previously disturbed and where periodic actions have been taken to keep the area clear of vegetation (e.g., shoulders, utility yards), limit the height and type of vegetation (e.g., utility rights-of-way), or establish and retain non-native vegetation (e.g., landscaped medians, rest area grounds).

(152) Rehabilitation (natural resources): A human activity that returns a wetland, stream, buffer zone, or other sensitive area that was disturbed during construction of a permitted use to its natural or preconstruction condition.

(153) Remnant old forest (SMA only): Large trees in the overstory that are well into the mature growth state (older than 180 years).

(154) Repair: Replacement or reconstruction of a part of a serviceable structure after damage, decay or wear. A repair returns a structure to its original and previously authorized and undamaged condition. It does not change the original size, scope, configuration or design of a structure, nor does it excavate beyond the depth of the original structure. Repair includes, but is not limited to, reroofing a building, replacing damaged guardrails, reconstructing a rotten deck or porch, replacing a broken window or door, replacing a utility pole and associated anchors, replacing a section of broken water or sewer line, replacing a damaged or defective utility line, reconstructing a portion of a building damaged by fire or a natural event, and replacing railroad ties or rails.

(155) Resort core: The portion of a recreation resort formerly occupied by the existing industrial complex.

(156) Resource-based recreation: Those recreation uses that are essentially dependent upon the natural, scenic, or cultural resources of the National Scenic Area and that do not adversely affect those resources upon which they depend.

(157) Restoration (wetlands): A human activity that converts an area that was formerly a wetland back into a wetland. This definition presumes that the area to be restored no longer qualifies as a wetland because of past activities, alterations, or catastrophic events.

(158) Review uses: Proposed uses and developments that must be reviewed by a county planning department, the Gorge Commission, or the Forest Service to determine if they comply with the policies and guidelines in the Management Plan.

(159) Riparian area: The area immediately adjacent to streams, ponds, lakes, and wetlands that directly contributes to the water quality and habitat components of the water body. This may include areas that have high water tables, soils, and vegetation that exhibit characteristics of wetness, as well as upland areas immediately adjacent to the water body that directly contribute shade, nutrients, cover, or debris, or that directly enhance water quality within the water body.

(160) Road: The entire right-of-way of any public or private way that provides ingress to or egress from property by means of vehicles or other means or that provides travel between places by means of vehicles. “Road” includes, but is not limited to:

(a) Ways described as streets, highways, throughways, or alleys;

(b) Road-related structures that are in the right-of-way, such as tunnels, culverts, or similar structures; and

(161) Scenery Management System: The overall framework for the orderly inventory, analysis, and management of scenery developed in coordination with the Forest Service.

(162) Scenic travel corridor: Those portions of Interstate 84, the Historic Columbia River Highway, Oregon Highway 35, and Washington State Routes 14, 141, and 142 located in the National Scenic Area and specifically designated to be managed as scenic and recreational travel routes.

(163) Secretary: The U.S. Secretary of Agriculture.

(164) Service station: A business operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles.

(165) Serviceable: Presently useable.

(166) Shall: Action is mandatory.

(167) Should: Action is encouraged.

(168) Shrub: A woody plant usually greater than three feet but less than 20 feet tall that generally exhibits several erect, spreading, or prostrate stems and has a bushy appearance. For this land use ordinance, seedlings of woody plants that are less than three feet tall shall be considered part of the herbaceous layer.

(169) Sign: Any placard, poster, billboard, advertising structure, or inscribed surface, pattern or artificial lighting, pictorial or symbolic ornament, emblematic structure, banner, fluttering apparatus, statue, model, ornamental figure, or other visually communicative or expressive device that is visible from an out-of-doors position and is used to advertise or call the public’s attention to any public, business, commercial, industrial, recreational or any other activity, object for sale or lease, person or place, or to bear any kind of message. It includes any surface on which a name, text, device, signal, ornament, logotype, or advertising matters is made visible. The meaning of “sign” shall also include any sign currently in disuse, but still visible from an out-of-doors position, and any frame or support structure erected specifically to bear or uphold a sign.

(170) Significant cultural resource (SMA only): A cultural resource that is included in, or eligible for inclusion in, the National Register of Historic Places. The criteria for evaluating the eligibility of properties for the National Register of Historic Places appear in “National Register Criteria for Evaluation” (36 CFR 60).

(171) Skyline: The line that represents the place at which a landform, such as a cliff, bluff, or ridge, meets the sky and is topographically visible from a specified vantage point (generally a key viewing area, for the purpose of the Management Plan). The skyline is formed where the surface of the earth meets the sky except in existing densely forested landscapes with thick, unbroken coniferous tree cover characteristic to its setting, the skyline may be formed by the top of the vegetative canopy.

(172) Social settings: identifies the opportunities for solitude as well as quantity and type of encounters visitors could experience when visiting a recreation site or area.

(173) Soil capability class: A classification system developed by the U.S. Department of Agriculture Soil Conservation Service to group soils as to their capability for agricultural use.

(174) Special habitat area: Wetlands, mudflats, shallow water, and riparian vegetation that have high values for waterfowl, shorebirds, raptors, songbirds, upland game, and reptiles.

(175) Special Management Areas, or SMA or SMAs: The portions of the National Scenic Area that Congress designated in section 4(b) of the National Scenic Area Act as special management areas. The legal descriptions of special management areas are contained in Commission Rule 350-10.

(176) Special streams: Streams that are primary water supplies for fish hatcheries and rearing ponds.

(177) Stand: A group of trees possessing uniformity in regard to type, age, vigor, or size.

(178) Story: A single floor level of a structure, as defined by the International Building Code.

(179) Streams: Areas where surface water produces a defined channel or bed, including bedrock channels, gravel beds, sand and silt beds, springs, and defined-channel swales. The channel or bed does not have to contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff structures, or other artificial watercourses unless they are used to convey streams naturally occurring prior to construction of such watercourses. For the Management Plan, streams are categorized into two classes: perennial streams and intermittent or ephemeral streams. Perennial stream means a stream that flows year-round during years of normal precipitation. Intermittent stream means a stream that flows only part of the year, or seasonally (ephemeral), during years of normal precipitation.

(180) Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. This includes, but is not limited to, buildings, walls, fences, roads, parking lots, signs, patios, driveways, and additions or alterations to structures, including repaving or resurfacing roads, driveways, and patios.

(181) Submit: To deliver a document (e.g., land use application, written comment) to a reviewing agency’s office by personal delivery, commercial delivery, mail, fax, or E- mail. When a document must be submitted within a specified period, it must arrive at the reviewing agency’s office by the close of business on the last day of the specified period.

(182) Subsurface testing: Any procedure that removes material from beneath the ground surface for the purpose of identifying cultural resources, such as shovel tests, posthole digger tests, and auger borings.

(183) Suitability: The appropriateness of land for production of agricultural or forest products or for recreation, considering its capability for production; whether the land is committed by development to another land use that does not allow for agricultural use; surrounding uses and features associated with development; compatibility with scenic, cultural, natural and recreation resources; compatibility among uses; and other cultural factors, such as roads, powerlines, dwellings, and size of ownership.

(184) Thinning (SMA only): A forest practice intended to create favorable conditions for the continued growth of trees within an existing stand of trees. A thinning becomes a forest opening in coniferous forests when the average canopy closure of the overstory layer is zero or less than 40 percent and the understory layer is less than 60 percent average canopy closure of trees averaging less than five inches diameter at breast height. A thinning becomes a forest opening in oak woodlands when the total average canopy closure is less than 25 percent.

(185) Topographic visibility: Refers to areas that can be seen (generally from a key viewing area, for the purpose of the Management Plan) if all vegetation were to be removed.

(186) Total canopy closure (SMA only): For forest practices, the percentage measuring the degree to which all layers of the tree canopy combine together to block sunlight or obscure the sky as measured from below.

(187) Traditional foods: natural and cultural resources that Native Americans rely on for sustenance, based on history, culture and tradition.

(188) Trail characteristics: tools to describe the types of trail conditions that recreationists should expect when visiting a recreation resource.

(189) Treatment (SMA only): For forest practices, a site-specific operation that carries out the forest management objectives for an area.

(190) Treaty rights or other rights: Rights reserved by the Indian tribes through the Treaties of 1855. These include the right of fishing at all usual and accustomed places, as well as the privilege of pasturing livestock and hunting and gathering on open and unclaimed lands in common with the citizens of the states.

(191) Tribal government: The governing bodies of the Nez Perce Tribe (Nez Perce Tribal Executive Committee), the Confederated Tribes of the Umatilla Indian Reservation (Board of Trustees), the Confederated Tribes of the Warm Springs (Tribal Council), and the Confederated Tribes and Bands of the Yakama Nation (Tribal Council).

(192) Tributary fish habitat: Streams that are used by anadromous or resident fish for spawning, rearing or migration.

(193) Unobtrusive: when a structure does not intrude or visually dominate the scene of a landscape and for which the introduced forms, lines, colors, textures, and patterns mimic the native environment.

(194) Understory (SMA only): For forest practices, the shorter or immature trees below the tall or mature overstory trees.

(195) Undertaking: Any project, activity, program, development, or change in land use that can result in changes in the character or use of a cultural resource, if any such cultural resources are located in the area of potential effects. For federal undertakings, the project, activity, or program must be under the direct or indirect jurisdiction of a federal agency or licensed or assisted by a federal agency. Undertakings include new and continuing projects, activities, or programs and any of their elements (36 CFR 800.16(y)).

(196) Unimproved lands: Lands that generally do not have developments such as buildings or structures.

(197) Upland: Any area that does not qualify as a wetland because the associated hydrologic regime is not sufficiently wet to elicit development of vegetation, soils, or hydrologic characteristics associated with wetlands.

(198) Uses allowed outright: New uses and developments that may occur without being reviewed by a county planning department, the Gorge Commission, or the Forest Service to determine if they are consistent with the Management Plan.

(199) Utility facility: Any structure that provides for the transmission or distribution of water, sewer, fuel, electricity, or communications.

(200) Vested right: The right to develop or continue to develop a use, development or structure that was reviewed and approved pursuant to this Management Plan.

(201) Viewshed: A landscape unit visible from a key viewing area.

(202) Visually subordinate: One of the two scenic standards applicable in the National Scenic Area. A description of the relative visibility of a development, structure, or use where that development, structure, or use does not noticeably contrast with the defining landscape setting characteristics, as viewed from a specified vantage point (generally a key viewing area, for the Management Plan) and the setting appears only slightly altered (distinctive characteristics of that setting remain dominant). As opposed to development, structures, or uses that are fully screened, structures that are visually subordinate may be partially visible but would be difficult to discern to the common viewer. Visually subordinate development, structures, or uses as well as forest practices in the SMAs shall repeat form, line, color, or texture common to the natural landscape, while changes in their qualities of scale, proportion, intensity, direction, pattern, etc., shall not dominate the natural landscape setting.

(203) Water-dependent: Uses that absolutely require, and cannot exist without, access or proximity to, or siting within, a water body to fulfill their basic purpose. Water-dependent uses include, but are not limited to, docks, wharfs, piers, dolphins, certain fish and wildlife structures, boat launch facilities, and marinas. Dwellings, parking lots, spoil and dump sites, roads, restaurants, trails and paths, trailer parks, resorts, and motels are not water-dependent.

(204) Water-related: Uses not directly dependent upon access to a water body, but whose presence facilitates public access to and enjoyment of a water body. In the GMA, water-related uses are limited to boardwalks, trails and paths, observation decks, and interpretative aids, such as kiosks and signs.

(205) Wetlands: Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. This does not include riparian areas, rivers, streams, and lakes.

(206) Wetlands functions: The beneficial roles that wetlands serve, including storage, conveyance, and attenuation of floodwaters and stormwaters; groundwater recharge and discharge; protection of water quality and reduction of sediment and erosion; production of waterfowl, game and non-game birds, mammals, and other living resources; protection of habitat for endangered, threatened, and rare species; food chain support for a broad range of wildlife and fisheries; educational, historical, and archaeological value protection; and scenic, aesthetic, and recreational amenities.

(207) Winery or cidery: An agricultural building used for processing fruit into wine or cider, including laboratories, processing areas, offices, and storage areas. A winery or cidery is distinct from a wine or cider sales and tasting room; each of these uses must be explicitly reviewed and approved.

(208) Wine or cider sales and tasting room: A facility that is accessory to a winery or cidery and used for tasting and retail sales of wine or cider, including interior space (e.g., wine bar, sitting room) and exterior space (e.g., patio, veranda). A wine or cider sales and tasting room shall not be used for preparing or serving meals or hosting weddings, receptions or other commercial events, unless allowed, reviewed and approved under the “Commercial Events” provisions in Part II, Chapter 7: General Policies and Guidelines of this Management Plan. A wine or cider sales and tasting room is distinct from a winery or cidery; each of these uses must be explicitly reviewed and approved.

(209) Woody plant: A seed plant (gymnosperm or angiosperm) that develops persistent, hard, fibrous tissues.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0080 Application for Review and Approval Required

(1) The application form required for National Scenic Area review is available at the Gorge Commission Office and on the Gorge Commission’s website.

(2) All proposed developments and land uses shall be reviewed according to the standards in effect on the date the applicant submits a complete application for National Scenic Area review.

(3) A complete application is one that the Executive Director determines meets the requirements in this land use ordinance for a complete application form, a complete site plan showing the proposed site (site plans with alternative sites or building envelopes are not sufficient), all applicable information specified in the various sections of this land use ordinance, and other information that the Executive Director requires to make findings based on substantial evidence in the whole record and conclusions for compliance with the guidelines in this land use ordinance.

(4) The Executive Director will not accept an incomplete application for review.

(5) Prior to accepting an application or at any time during review of an application, the Executive Director may require the applicant to amend an application or withdraw an application and file a new application to resolve violations of applicable National Scenic Area standards or a prior Executive Director decision at the same time as the current application.

(6) The Executive Director shall accept and review the application pursuant to the procedures and requirements in 350-082-0080 through 350-082-0170 for consistency with the appropriate guidelines of this land use ordinance.

(7) The Executive Director may charge a fee for review of applications. The Gorge Commission shall set the fee after a public hearing.

(8) Applications for National Scenic Area review of a proposed use or development shall provide the following information.

(a) The applicant’s name, mailing address, telephone number, and email address;

(b) The name, mailing address, telephone number, and email address of the landowner and all other persons or entities that hold easements or other partial interests that give a right to use or refuse use of land, as determined by the Executive Director;

(d) The section, quarter section, township and range in which the proposed development would be located;

(e) The street address of the proposed use or development;

(f) The tax lot number(s) and size in acres of the parcel(s) involved;

(g) A description of the current land use for the parcel(s) involved and adjoining lands;

(h) A written description of the proposed use or development, including details on the height, exterior color(s), and construction materials of the proposed structures;

(i) A list of Key Viewing Areas from which the proposed use would be visible;

(j) A map of the project area. The map shall be drawn to scale. The scale of the map shall be large enough to allow the Executive Director to determine the location and extent of the proposed use or development and evaluate its effects on scenic, cultural, natural, and recreation resources. The map shall be prepared at a scale of one inch equals 200 feet (1:2,400), or a scale providing greater detail. If a parcel is very large, the map does not need to show the entire parcel; rather, it can show only those portions of the parcel affected by the proposed use. The map shall include the following elements:

(A) North arrow;

(B) Map scale;

(D) Significant terrain features or landforms (e.g., cliffs, rock faces, slopes, stands of trees);

(E) Groupings and species of trees or other vegetation on the parcel;

(F) Location and species of vegetation that would be removed or planted;

(G) Bodies of water and watercourses, including intermittent and ephemeral streams;

(H) Location and width of existing and proposed roads, driveways, and trails;

(I) Location, dimensions, height, and size (in square feet) of existing and proposed structures;

(J) Location of existing and proposed services including wells or other water supplies, sewage disposal systems, power and telephone poles and lines, and outdoor lighting; and

(K) Location and depth of all proposed grading and ditching

(k) Elevation drawings, which shall show the appearance of proposed structures and shall include natural grade, finished grade, and the geometrical exterior of at least the length and width of structures as seen from a horizontal view. Elevation drawings shall be drawn to scale and include sizes and dimensions of windows, doors, and covered openings;

(l) The following applications for structural development shall include a grading plan:

(A) Applications involving more than 100 cubic yards of grading with slopes greater than 10 percent, except applications for trails in the SMAs.

(B) Applications involving more than 200 cubic yards of grading on sites visible from key viewing areas.

(i) A map of the site, prepared at a scale of 1 inch equals 200 feet (1:2,400) or a scale providing greater detail, with contour intervals of at least 5 feet, including:

(I) Existing and proposed final grades;

(II) Location of all areas to be graded, with cut banks and fill slopes delineated; and

(III) Estimated dimensions of graded areas.

(ii) A narrative description (may be submitted on the grading plan site map and accompanying drawings) of the proposed grading activity, including:

(I) Its purpose;

(II) An estimate of the total volume of material to be moved;

(III) The height of all cut banks and fill slopes;

(IV) Provisions to be used for compactions, drainage, and stabilization of graded areas. (Preparation of this information by a licensed engineer or engineering geologist is recommended);

(V) A description of all plant materials used to revegetate exposed slopes and banks, including the species, number, size, and location of plants, and a description of irrigation provisions or other measures necessary to ensure the survival of plantings; and

(VI) A description of any other interim or permanent erosion control measures to be used.

(m) A list of names and addresses of the adjacent property owners within a distance of the subject parcel as determined in 350-082-0110 Table 1 – Notice Requirements;

(n) Any additional information that the applicant feels will assist in the evaluation of the proposal, including but not limited to, maps, drawings, and development plans; and

(o) The signature of the applicant, and the signature or other statement of the landowner and other persons or entities that hold easements or other partial interests that give a right to use or refuse use of land, as determined by the Executive Director indicating that they are aware of the application and that authorizes the Executive Director or the Executive Director’s designee reasonable access to the site in order to evaluate the application and to conduct inspections during construction of an approved development or land use, and a final inspection when construction is completed.

(9) The Executive Director may require additional information necessary to demonstrate compliance with this land use ordinance, including but not limited to, a professional land survey and staking of proposed structure and building locations that are close to a property or buffer boundary, a professionally drawn site and landscaping plan, and copies of or other proof of prior building permits and land use permits.

(10) The Executive Director shall provide Firewise information to applicants with application forms and encourage and assist applicants to incorporate Firewise standards in their proposals as appropriate and as consistent with the resource protection provisions in the Management Plan.

(11) Requirements for applications for Emergency/Disaster Response Actions are contained in 350-082-0230.

(12) Completed application forms shall be submitted directly to the Gorge Commission office.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 2-2026, amend filed 08/24/2026, effective 10/01/2026
CRGC 1-2024, amend filed 09/24/2024, effective 11/01/2024
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0090 Pre-Application Conference

The Executive Director may require a pre-application conference prior to submitting an application. An applicant may request a pre-application conference prior to submitting an application. The pre-application conference may occur on the site of the proposed use or development. The purposes of the conference shall be to acquaint the Executive Director with the site of the proposed use or development and acquaint the applicant with the substantive and procedural requirements of this land use ordinance, to discuss the principal elements of the proposed action, and to identify guidelines that create opportunities or pose constraints for the proposed action. The Executive Director may summarize specific discussion points in a letter or electronic communication to the applicant, the content of which is not a decision and is not appealable.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0100 Acceptance of Application

(1) Within 14 days after receiving an application, the Executive Director shall review the application for completeness and if complete, shall accept the application for review.

(2) The Executive Director shall not accept an application for review until the applicant corrects all documented omissions and deficiencies. The Executive Director shall notify the applicant of all omissions and deficiencies in writing within 14 days after receipt of the application. The Executive Director shall review supplemental application materials within 14 days after receipt of the materials to determine if the application is complete.

(3) If the Executive Director receives an application for a proposed use or development that is explicitly prohibited by this land use ordinance, the Management Plan or the National Scenic Area Act, the Executive Director may choose to send a letter decision to the applicant without conducting the full review process in this land use ordinance. The letter decision shall state the proposed use or development is prohibited and cite and apply the law that prohibits the use. The letter decision is a final decision that may be appealed pursuant to Commission Rule 350-70.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0110 Notice of Development Review

(1) Within seven days after accepting an application, the Executive Director shall issue a notice of a proposed development. The notice shall provide the following information:

(a) The name of the applicant;

(b) The general and specific location of the subject property;

(d) The deadline for filing comments on the proposed action;

(e) The mailing and email addresses for submitting comments;

(f) A statement that the application and supporting documents are available on the Gorge Commission’s website and for inspection at the Gorge Commission office during normal working hours; and

(g) A statement that compliance with the National Scenic Area standards does not ensure compliance with other applicable local, state, and federal laws.

(h) Additionally, the notice to the tribal governments shall request comments, recommendations, or concerns relating to the protection of treaty rights, including rights to access, hunt, fish, and gather, include a site plan, and include any supplemental information and a proposed treaty rights protection plan that the applicant has prepared to demonstrate protection of treaty rights.

(2) The notice shall be mailed or emailed to:

(a) The Forest Service, the applicable state agencies, the four tribal governments, and the applicable county and city (if the subject parcel is located within or adjacent to a city boundary);

(b) The applicant, landowner, holders of easements and other partial interests of the subject parcel, and other persons and entities within a radius of the subject parcel(s) as determined by 350-082-0110 Table 1 – Notice Requirements; and

(c) Other agencies and interested parties that request a notice or that the Executive Director determines at their discretion should be notified.

(3) The Executive Director at their discretion may require a new notice and comment period for any revision to an application that is materially different from the proposed use or development described in the original notice to such a degree that a reasonable person could not have understood the original notice to describe the proposed use or development as revised.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0120 Comment Periods

(1) Comments on Proposed Review Uses or Development. Interested persons have 21 days from the date the Executive Director sends the notice to submit written comments to the Executive Director relative to the consistency of the proposed actions with the guidelines of Commission Rule 350-082.

(a) Tribal governments shall have 30 days from the date the Executive Director sends the notice to submit written comments on the proposed action, and in their comments may request that the Executive Director consult with the tribal government regarding potential effects or modifications to treaty or other rights of the tribe.

(b) Where another provision of this land use ordinance specifies a longer time for specific agencies to review and comment on an application, that longer time shall apply to those agencies.

(2) Comments on Expedited Development and Uses. Interested persons have ten days from the date the Executive Director sends the notice to submit written comments to the Executive Director relative to the consistency of the proposed actions with the guidelines of 350-082-0220.

(3) Comments on Cultural Resource Surveys. Upon receipt of a completed cultural resources survey, the Executive Director shall forward the survey to the applicable State Historic Preservation Officer, and the four tribal governments. The State Historic Preservation Officer and the four tribal governments shall have 30 days to submit comments on the cultural resources survey. This comment period for cultural resource surveys may or may not run concurrently with the comment period in section (1) or (2) above.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0130 Tribal Treaty Rights and Consultation

(1) Tribal Treaty Rights and Consultation in the GMA

(a) Notice requirements to the governments of the four Columbia River Treaty Tribes are in 350-082-0110.

(b) Applications for proposed new review uses and development located in, providing recreation river access to, or on parcels that adjoin the Columbia River or its fishbearing tributaries shall include the following supplemental information:

(A) The site plan map shall show adjacent river areas at least 1/2 mile upstream and downstream from the project site, the locations at which river access is planned, and the locations of all tribal fishing sites known to the project applicant;

(B) A description of the type of river access and uses proposed, estimated period when the development would be used, and anticipated levels of use (people, boats, and other uses) during peak-use periods; and

(C) Proposed treaty rights protection measures that will be used to avoid effects to Indian treaty or other rights. These measures may include reducing the size and modifying the location or design of the proposed uses, seasonal closures, stringent onsite monitoring, information signs, and highly visible buoys or other markers delineating fishing net locations.

(c) At the same time that the Executive Director sends notice of the proposed development, they shall offer to meet with or consult with the tribal governments prior to making a decision on the proposed development. Offers to meet or consult with a tribal government shall include phone calls and electronic communication to tribal government chairs, chief administrative officers, and natural and cultural resource staff. The Executive Director shall make more than one attempt to contact a tribal government.

(d) Tribal governments shall have 30 calendar days from the date a notice is mailed to request that the Executive Director consult with the tribal government regarding potential effects or modifications to treaty or other rights of the tribe. All substantive comments, recommendations, or concerns expressed by tribal governments during the consultation meeting shall be summarized in the Executive Director’s decision, subject to the following confidentiality standards:

(A) The Executive Director shall keep confidential and may not disclose to any person or party who is not the applicant and the applicant’s representative the tribal government’s comments, recommendations, and concerns, and notes of the consultation and other information related to protection of treaty rights, unless the tribal government expressly authorizes disclosure.

(B) The confidential information shall be submitted to the Gorge Commission for review in the event of an appeal, and shall remain confidential and not subject to disclosure to any person or party other than the applicant, the applicant’s representative, the appeal parties and their representatives, and the necessary Gorge Commission staff and Gorge Commission members, unless the tribal government expressly authorizes further disclosure.

(e) Any time periods specified in this land use ordinance shall stop when a tribal government requests consultation and shall not start again until the Executive Director meets with all tribal governments that requested consultation and the Executive Director receives all additional information and actions from the project applicant necessary to avoid effects to treaty rights to the satisfaction of the tribal governments that requested consultation.

(f) A tribal government’s choice to consult with the Executive Director shall, in no way, be interpreted as a waiver of the tribe’s sovereign immunity or waiver of any claim that the proposed use affects or modifies a treaty right or other tribal rights.

(g) All substantive comments, recommendations, or concerns expressed by tribal governments during the consultation meeting shall be resolved by the Executive Director or project applicant through revisions to the project application, conditions of approval, and, if necessary, in a treaty rights protection plan. The protection plan shall include measures to avoid effects or modifications to treaty and other rights of any Indian tribe.

(h) The Executive Director’s decision shall integrate findings of fact that address their effort to meet with or consult with the tribal governments and any revisions and treaty rights protection plan resolving the tribal governments’ comments, recommendations, or concerns.

(i) The treaty rights protection process may conclude if the Executive Director determines that the proposed uses would not affect or modify treaty or other rights of any Indian tribe. Uses that would affect or modify such rights shall be prohibited.

(j) A finding by the Executive Director that the proposed uses would not affect or modify treaty or other rights, or a failure of an Indian tribe to comment or consult on the proposed uses as provided in these guidelines, in no way shall be interpreted as a waiver by the Indian tribe of a claim that such uses affect or modify treaty or other tribal rights.

(2) Indian Tribal Treaty Rights and Consultation in the SMAs: For new development and uses in the SMAs, the Forest Service shall determine effects on treaty rights and shall notify the Executive Director of the determination.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c), 16 USC § 544f(l) & 16 USC § 544o(a)(1)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0140 Consultation with Resource Agencies

(1) There are many provisions in this land use ordinance that require the Executive Director to consult with federal, state, local, tribal, and other resource agencies and entities. The Executive Director sends notices of proposed development to, and makes other attempts to consult with these agencies, but sometimes does not receive comments back within the comment period. In this situation, the Executive Director will continue to seek comment and consultation after the comment period as necessary to make findings required by this land use ordinance.

(2) The Executive Director may contact applicants to convey comments from federal, state, local, tribal, and other resource agencies and entities, and other commenters, and recommend revisions to applications or recommend that applicants work directly with the resource agencies and entities and other commenters to conduct surveys or studies and revise applications to address issues raised by the resource agencies and entities and other commenters. This process of ensuring compliance with this land use ordinance may occur during or after the comment period and may require a new application or new notice.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0150 Decision of the Executive Director

(1) In making a decision on a proposed use or development the Executive Director shall:

(a) Consult with the applicant, federal, state, local, and tribal agencies, and interested persons and entities as required in this land use ordinance or that the Executive Director at their discretion deems appropriate;

(b) Consider information submitted by the applicant and all other available relevant information;

(d) Consider all comments submitted pursuant to 350-082-0120 through 350-082-0140; and

(e) Solicit and consider the comments of the Forest Service.

(2) The Executive Director shall approve a proposed use or development only if it is consistent with the approval criteria in this land use ordinance. In approving a proposed development action, the Executive Director may impose conditions as necessary to ensure consistency with the guidelines of this land use ordinance.

(3) Applicants shall record the Executive Director’s decision and conditions of approval in county deeds and records to ensure notice of the conditions to successors in interest. The record shall be associated with all tax lots and parcels that constitute the subject property. Applicants need not record a separate staff report document containing the relevant findings and conclusions. The Executive Director’s decision shall include a statement specifying this recording requirement.

(4) The Executive Director’s decision may require one or more inspections during construction of a development or land use and a final inspection. If the Executive Director’s decision requires an inspection, the landowner shall permit the Executive Director on the property at a reasonable time to conduct the inspection.

(5) The Executive Director shall issue a decision within 135 days after accepting the application, except in one or more of the following situations:

(a) The applicant consents to an extension of time;

(b) The Executive Director determines that additional information or consultation is required pursuant to 350-082-0130 or 350-082-0140; or

(6) The Executive Director shall send a copy of the decision to the applicant, the Forest Service, the applicable state agencies, the four tribal governments, the applicable county and city (if the subject parcel is located within or adjacent to a city boundary) and each person who submitted comments. The decision shall set forth the rights of appeal under Commission Rule 350-70.

(7) The decision of the Executive Director becomes final at the end of the appeal period unless a Notice of Appeal is filed in accordance with Commission Rule 350-70. No person shall begin any approved land use or development during the appeal period.

(8) The Executive Director may withdraw a decision during the appeal period if they discover new facts or legal issues that could materially change conditions of approval or the decision. The Executive Director shall use this authority sparingly. If the Executive Director withdraws a decision, they shall provide notice of the withdrawal to all agencies, entities, and persons who received the original decision and a new notice of the proposed development with the new facts or explanation of the legal issues and provide a new comment period. The Executive Director shall issue a new decision as soon as possible after the end of the new comment period.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 2-2026, amend filed 08/24/2026, effective 10/01/2026
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0160 Expiration of National Scenic Area Approvals

(1) Notice Not Required: Expiration of any Executive Director decision issued pursuant to this land use ordinance is automatic. The Executive Director does not notify applicants or landowners of decisions that are expired or may be close to expiring.

(2) National Scenic Area Approvals without Structures: An Executive Director’s decision for a use or development that does not include a structure shall expire two years after the date the approval was granted, unless the use or development was established according to all specifications and conditions of approval in the approval. For land divisions, “established” means the final deed or plat has been recorded with the county recorder or auditor.

(3) National Scenic Area Approvals with Structures: An Executive Director’s decision for a use or development that includes a structure shall expire as follows:

(a) When construction has not commenced within two years of the date the approval was granted; or

(b) When the structure has not been completed within two years of the date of commencement of construction.

(4) Commencement of Construction: As used in subsection (3)(a) above, commencement of construction means construction of the foundation or frame of the approved structure. For utilities and development without a frame or foundation, commencement of construction means construction of support structures for an approved above ground utility or development or actual excavation of trenches for an approved underground utility or development. For roads, commencement of construction means grading of the roadway.

(5) Completion of Structure: As used in subsection (3)(b) above, completion of the structure means completion of the exterior surface(s) of the structure and compliance with all conditions of approval in the National Scenic Area approval.

(6) Extension of Validity of National Scenic Area Approvals: A request for extension of the time frame in section (2) or (3) above, shall be submitted in writing before the applicable expiration date.

(a) The Executive Director may grant one 12-month extension to the validity of a National Scenic Area approval if they determine that events beyond the control of the applicant prevented commencement of the use or development (applicable to section (2) above) or commencement of construction (applicable to subsection (3)(a) above) within the original two-year time frame.

(b) The Executive Director may also grant one 12-month extension if they determine that events beyond the control of the applicant prevented completion of the structure (applicable to subsection (3)(b) above) within the original two-year time frame.

(c) The extension is good for 12 months from the date of the original expiration (not the date the extension was requested or granted and not the commencement of construction, or any other date or milestone).

(d) A request for extension shall state the reason why events beyond the control of the applicant warrant an extension.

(e) Approval or denial of a request for extension shall be considered an administrative decision.

(7) Vested Rights: The laws of the states of Oregon and Washington concerning vested rights shall not apply in the National Scenic Area. A person has a vested right for as long as the National Scenic Area approval does not expire.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0170 Inspections

(1) Applicants may request the Executive Director conduct an inspection during construction of an approved development or land use to ensure compliance with the Executive Director’s decision. The Executive Director, at their discretion, may conduct the requested inspection. A delay in conducting an inspection or the Executive Director’s choice not to conduct an inspection shall not be interpreted to mean that the Executive Director believes a development or land use is in full compliance with the Executive Director’s decision.

(2) The Executive Director may conduct an inspection at their discretion to ensure compliance with the Executive Director’s decision. The Executive Director will usually schedule an inspection in advance but may request an inspection without advance notice.

(3) The Executive Director’s decision may require an applicant request a final inspection after completion of a development or land use.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0180 Changes or Alterations to an Approved Action

(1) Any change to an Executive Director’s decision shall be processed as a new action, except that the Executive Director may approve slight changes to findings, conclusions, and conditions of approval deemed to be consistent with the guidelines of Commission Rule 350-082 and the findings and conclusions for the original action.

(2) The Executive Director may approve a slight change only during the term that the Executive Director’s decision has not expired pursuant to 350-082-0160(2), (3), or (6), or upon completion of an approved structure pursuant to 350-082-0160(5), whichever is earlier.

(3) If the Executive Director approves a slight change, they shall notify all the parties listed in the original decision that received a copy of the original decision, except that the Executive Director will notify only a new landowner if the property has sold since the date of the original decision. The slight change decision (not the original decision) is final and may be appealed in accordance with 350-082-0150(7) above.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0190 Applying New Less-Stringent Regulations to Development Approved Under Prior National Scenic Area Regulations

(1) A landowner may submit a land use application to alter conditions of approval for an existing use or structure approved under prior National Scenic Area regulations (e.g., Columbia River Gorge National Scenic Area Final Interim Guidelines, former Commission Rule 350-80 or former Commission Rule 350-81).

(2) The following standards apply to applications to alter conditions of approval for an existing use or structure approved under prior National Scenic Area regulations:

(a) The applicant shall apply for the same development that was reviewed in the original decision.

(b) The development shall remain in its current location.

(c) The Executive Director shall review the application and send notice of the application to agencies and other parties entitled to receive notice under the current land use ordinance.

(d) The Executive Director shall review the entire development to ensure that it would fully comply with all the current guidelines including, but not limited to, land use, treaty rights, scenic resources, cultural resources, recreation resources and natural resources.

(e) The Executive Director shall issue a new decision that supersedes the original decision.

(f) The new decision may remove or revise original conditions of approval or add new conditions of approval to ensure full compliance with all the current guidelines.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0200 Existing Uses and Discontinued Uses

(1) Right to Continue Existing Uses and Structures. Except as otherwise provided, any existing use or structure may continue as long as it is used in the same manner and for the same purpose.

(2) Changes to Existing Uses and Structures. Except as otherwise provided, any change to an existing use or modification to the exterior of an existing structure shall be subject to review and approval pursuant to Commission Rule 350-082. Changes to exterior color and replacing siding, windows, chimneys, fences, paving; and other similar exterior features is considered a change to an existing structure.

(a) Expansion of Existing Commercial and Multifamily Residential Uses: In the SMAs, existing commercial and multifamily residential uses may expand as necessary for successful operation on the dedicated site, subject to guidelines to minimize adverse effects on scenic, cultural, natural, and recreation resources. Expansion beyond the dedicated site shall be prohibited.

(b) Conversion of Existing Industrial Uses in the GMA: In the GMA, existing industrial uses may convert to less intensive uses. For this guideline, a less intensive use is a commercial, recreation, or residential use with fewer adverse effects upon scenic, cultural, natural, and recreation resources.

(c) Existing Development or Production of Mineral Resources in the SMAs: Uses involving the exploration, development, or production of sand, gravel, or crushed rock in the SMAs may continue if both of the following conditions exist:

(A) The sand, gravel, or crushed rock is used for construction or maintenance of roads used to manage or harvest forest products in the SMAs.

(B) A determination by the Forest Service finds that the use does not adversely affect the scenic, cultural, natural, or recreation resources.

(3) Replacement of Existing Structures Not Damaged or Destroyed by Disaster. Except as provided in section (4) below, an existing structure may be replaced if a complete land use application for a replacement structure is submitted to the reviewing agency within one year of the date the use of the original structure was discontinued. The replacement structure shall comply with the following standards:

(a) The replacement structure shall have the same use as the original structure.

(b) The replacement structure may have a different size or location than the original structure. An existing manufactured home may be replaced with a framed residence and an existing framed residence may be replaced with a manufactured home.

(c) The replacement structure shall be subject to the scenic, cultural, recreation and natural resources guidelines; the treaty rights guidelines; and the land use designations guidelines involving agricultural buffer zones, approval criteria for fire protection, and approval criteria for siting of dwellings on forest land.

(d) The original structure shall be considered discontinued if a complete land use application for a replacement structure is not submitted within the one-year time frame.

(4) Replacement of Existing Structures Damaged or Destroyed by Disaster. An existing structure damaged or destroyed by fire, flood, landslide or other similar disaster may be replaced if a complete land use application for a replacement structure is submitted to the reviewing agency within two years of the date the original structure was damaged or destroyed. The replacement structure shall comply with the following standards:

(a) The replacement structure shall have the same use as the original structure. An existing manufactured home may be replaced with a framed residence.

(b) The replacement structure shall be in the same location as the original structure. An exception may be granted and the replacement structure may be sited in a different location if the replacement structure complies with all the following guidelines:

(A) A registered civil engineer, registered geologist, or other qualified and licensed professional hired by the applicant demonstrates the disaster made the original building site physically unsuitable for reconstruction.

(B) The new building site is no more visible from key viewing areas than the original building site. An exception may be granted if a registered civil engineer, registered geologist, or other qualified and licensed professional hired by the applicant demonstrates the subject parcel lacks alternative building sites physically suitable for construction that are no more visible from key viewing areas than the original building site.

(A) The footprint of the replacement structure may be up to ten percent larger than the footprint of the original structure. The footprint of a structure includes any covered decks and porches, attached garages, and breezeways that share a wall with the structure.

(B) The walls of the replacement structure shall be the same height as the walls of the original structure unless a minor increase is required to comply with standards in the current jurisdictional building code. Height is generally defined as the greatest vertical distance between the lowest finished grade adjoining any exterior wall and the highest point of the roof.

(d) The replacement structure shall only be subject to the following scenic resources standards:

(A) In the GMA, the replacement structure shall comply with the guidelines regarding color and reflectivity in 350-082-0600. In the SMAs, the replacement structure shall comply with the guidelines regarding color and reflectivity in 350-082-0610. These guidelines shall be applied to achieve the applicable scenic standard (visually subordinate or not visually evident) to the maximum extent practicable.

(B) Decks, verandas, balconies and other open portions of the original structure shall not be rebuilt as enclosed (walls and roof) portions of the replacement structure.

(C) In the GMA, the replacement structure shall comply with the GMA guidelines regarding landscaping (350-082-0600). These guidelines shall be applied to achieve the applicable scenic standard (visually subordinate) to the maximum extent practicable.

(D) In the SMAs, the replacement structure shall comply with the SMA guidelines regarding landscaping (350-082-0610). These guidelines shall be applied to achieve the applicable scenic standard (visually subordinate or not visually evident) to the maximum extent practicable, provided:

(i) Use of plant species appropriate for the area and minimum sizes of new trees needed to achieve the standard (based on average growth rates expected for the recommended species) are required. Examples of native specific are identified in the Scenic Resources Implementation Handbook as appropriate to the area.

(ii) The height of any new trees shall not be required to exceed five feet.

(iii) The time frame for achieving the applicable scenic standard (visually subordinate or not visually evident) shall be ten years.

(e) The replacement structure shall be subject to subsections (3)(a), (3)(b), and (3)(c) above if it would not comply with subsections (4)(b) and (4)(c) above.

(f) The original structure shall be considered discontinued if a complete land use application for a replacement structure is not submitted within the two-year time frame.

(5) Discontinuance of Existing Uses and Structures. Except as provided in subsection (4)(a) above, any use or structure that is discontinued for one year or more shall not be considered an existing use or structure. Proof of intent to abandon is not required to determine that an existing use or use of an existing structure has been discontinued.

(a) Multiple Uses: An existing use or structure with more than one legally established use may discontinue one of the uses without discontinuing the others.

(b) Change in Use: An existing use or structure shall become discontinued if the use or use of the structure changes.

(6) Discontinued Uses and Structures. Re-establishment or replacement of any use or structure that has been discontinued shall be subject to all applicable policies and guidelines in the Management Plan, including, but not limited to, guidelines for land use designations and scenic, cultural, recreation and natural resources.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 2-2026, amend filed 08/24/2026, effective 10/01/2026
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0210 Uses Allowed Outright

(1) All Land Use Designations Except Open Space and Agriculture-Special. The following uses are allowed without review in all GMA and SMA land use designations, except GMA and SMA Open Space and Agriculture-Special:

(a) In the GMA, agricultural uses except new cultivation. Any operation that would cultivate land that has not been cultivated, or has lain idle, for more than five years shall be considered new cultivation. For this guideline, cultivation and vegetation removal may be allowed in conjunction with a home garden.

(b) In the SMAs, agricultural uses within previously disturbed and regularly worked fields or areas, except new agricultural structures.

(d) Repair, maintenance and operation of existing structures, including, but not limited to, dwellings, agricultural structures, trails, roads, railroads, and utility facilities.

(e) Accessory structures 60 square feet or less in area and ten feet or less in height, unless within the buffer zone of a wetland, stream, pond, lake or riparian area. This category does not include signs, fences, outdoor lights, retaining walls, flagpoles, roads, transportation facilities, or utility facilities. Only one free-standing renewable energy (solar or wind) structure is allowed on a parcel pursuant to this guideline.

(f) Wire-strand or woven-wire fences used for gardens, yards, livestock, and similar uses less than or equal to 500 feet in length and less than or equal to ten feet in height that are accessory to an existing dwelling, provided woven-wire fences (posts and wire) are brown or black if visible from key viewing areas. Height is measured from the ground to the top wire.

(g) Wire-strand fences less than or equal to 48 inches in height that are outside deer and elk winter range as delineated in the Gorge Commission and Forest Service natural resource data or determined by an appropriate federal or state agency. Height is measured from the ground to the top wire. This category does not include fences associated with transportation facilities or utility facilities.

(h) The following transportation facilities:

(A) Replace existing safety or protective structures, including, but not limited to, guardrails, access control fences and gates, barriers, energy attenuators, safety cables, rockfall structures, and traffic signals and controllers, provided the replacement structures are: the same location and size as the existing structures and the same building materials as the existing structures, or building materials that are dark brown with a flat, non-reflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan.

(B) Replace existing traffic detection devices, vehicle weighing devices, and signal boxes, provided the replacement structures are the same location and size as the existing structures and the same building materials as the existing structures, or building materials that are dark brown with a flat, non-reflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan.

(D) Permanent public regulatory, guide, and warning signs, except those excluded below, provided that the signs comply with the Manual for Uniform Traffic Control Devices (2012 or most recent version) and the support structures and backs of all signs are dark brown with a flat, non-reflective finish. This category does not include specific service signs; destination and distance signs; variable message signs; or signs that bridge or are cantilevered over the road surface.

(E) Extensions of existing guardrails or traffic barriers less than or equal to 50 feet in length and new guardrail ends for existing guardrails, provided the guardrails and guardrail ends are located inside rights-of-way that have been disturbed in the past and constructed of materials that match the existing structure, natural wood, weathering steel (e.g., Corten), or materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan.

(F) New traffic barriers and guardrail ends, provided the structures are located inside rights-of-way that have been disturbed in the past and are constructed of natural wood, weathering steel (e.g., Corten), or materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan. This category does not include jersey barriers.

(G) In the GMA, replacement or expansion of existing culverts, provided the entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.

(H) In the SMAs, replacement or expansion of existing culverts for ephemeral streams or ditches, provided the visible ends of culverts shall be dark and non-reflective. The entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.

(I) Maintenance of existing railroad track and paved roads, provided the activity does not increase the width of a road or railroad or disturb the toe of adjacent embankments, slopes or cut banks.

(J) Apply dust abatement products to non-paved road surfaces.

(K) Grade and gravel existing road shoulders, provided the activity does not increase the width of a road or disturb the toe of adjacent embankments, slopes or cut banks.

(L) Replace the superstructure of bridges (e.g., decks, beams) for bridges less than or equal to 30 feet in length and less than or equal to 1,000 square feet in area. This category does not include guardrails, traffic barriers, or the substructure of bridges (e.g., foundations, abutments).

(i) The following underground utility facilities:

(A) Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past, provided no excavation would extend beyond the depth and extent of the original excavation.

(B) Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past, provided:

(i) No excavation would extend more than 12 inches beyond the depth and extent of the original excavation;

(ii) No ditch for linear facilities would be more than 24 inches wide;

(iii) No excavation for non-linear facilities would exceed ten cubic yards; and

(iv) no recorded archaeological site is located within 500 feet of the development. To comply with this subsection, the entity or person undertaking the development shall contact the Washington Office of Archaeology and Historic Preservation or the Oregon State Historic Preservation Office and obtain a letter or other document stating no recorded archaeological site is located within 500 feet of the development.

(j) The following aboveground and overhead utility facilities:

(A) Replace existing aboveground and overhead utility facilities including towers, pole or tower-mounted equipment, cables and wires, anchors, pad-mounted equipment, service boxes, pumps, valves, pipes, water meters, and fire hydrants, provided the replacement facilities would have the same location and size as the existing facilities and the same building materials as the existing facilities, or building materials that are dark brown with a flat, non-reflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan.

(B) Replace existing utility poles, provided the replacement poles are located within five feet of the original poles, no more than five feet taller and six inches wider than the original poles, and constructed of natural wood, weathering steel (e.g., Corten), materials that match the original poles, or materials that are dark brown with a flat, non-reflective finish.

(C) New whip antennas for public service less than or equal to eight feet in height and less than or equal to two inches in diameter, cables, wires, transformers, and other similar equipment, provided all such structures are on existing utility poles or towers.

(k) Flagpoles that are accessory to the principal building on a parcel, provided the height of the flagpole is less than or equal to the height of the highest ridgeline or parapet of the principal building.

(l) The following signs:

(A) Election signs. Removal must be accomplished within 30 days of election day.

(B) “For sale” signs not greater than 12 square feet. Removal must be accomplished within 30 days of close of sale.

(C) Temporary construction site identification, public service company, safety, or information signs not greater than 32 square feet. Exceptions may be granted for public highway signs necessary for public safety and consistent with the Manual on Uniform Traffic Control Devices (2012 or most recent version). Removal must be accomplished within 30 days of project completion.

(D) Signs posted on private property warning the public against trespassing, danger from animals, the private nature of a road, driveway or premise, or signs prohibiting or otherwise controlling fishing or hunting, provided such signs are not greater than six square feet in the GMA and two square feet in the SMAs.

(E) Temporary signs advertising civil, social, or political gatherings and activities, provided such signs do not exceed 12 square feet. Removal must be accomplished within 30 days of the close of the event.

(F) Signs posted by governmental jurisdictions giving notice to the public. Such signs shall be no larger than that required to convey the intended message.

(G) In the GMA, signs associated with the use of a building or buildings, if placed flat on the outside walls of buildings (not on roofs or marquees).

(m) In the GMA, wind machines for frost control in conjunction with agricultural use.

(2) GMA and SMA Open Space. The following uses are allowed without review in GMA and SMA Open Space:

(a) Repair, maintenance and operation of existing structures, including, but not limited to, dwellings, agricultural structures, trails, roads, railroads, and utility facilities. This does not include trail, road, and railroad expansions.

(b) The following transportation facilities:

(A) Replace existing safety or protective structures, including guardrails, access control fences and gates, barriers, energy attenuators, safety cables, and traffic signals and controllers, provided the replacement structures are the same location and size as the existing structures and the same building materials as the existing structures, or building materials that are dark brown with a flat, non-reflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan.

(D) Permanent public regulatory, guide, and warning signs, except those excluded below, provided that the signs comply with the Manual on Uniform Traffic Control Devices (2012 or most recent version) and the support structures and backs of all signs are dark brown with a flat, non-reflective finish. This category does not include specific service signs; destination and distance signs; variable message signs; or signs that bridge or are cantilevered over the road surface.

(F) New traffic barriers and guardrail ends, provided the structures are located inside rights-of-way that have been disturbed in the past and constructed of natural wood, weathering steel (e.g., Corten), or materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan. This category does not include jersey barriers.

(G) In the GMA, replacement of expansion of existing culverts, provided the entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.

(H) In the SMAs, replacement or expansion of existing culverts for ephemeral streams or ditches, provided the visible ends of culverts shall be dark and non-reflective.

(I) Maintenance of existing railroad track and paved roads, provided the activity does not increase the width of a road or railroad or disturb the toe of adjacent embankments, slopes or cut banks.

(J) Apply dust abatement products to non-paved road surfaces.

(K) Grade and gravel existing road shoulders, provided the activity does not increase the width of a road or disturb the toe of adjacent embankments, slopes or cut banks.

(i) No excavation would extend more than 12 inches beyond the depth and extent of the original excavation;

(ii) No ditch for linear facilities would be more than 24 inches wide;

(iii) No excavation for non-linear facilities would exceed ten cubic yards; and

(iv) No recorded archaeological site is located within 500 feet of the development. To comply with this subsection, the entity or person undertaking the development shall contact the Washington Department of Archaeology and Historic Preservation or the Oregon State Historic Preservation Office and obtain a letter or other document stating no recorded archaeological site is located within 500 feet of the development.

(d) The following aboveground and overhead utility facilities:

(e) The following signs:

(A) Election signs. Removal must be accomplished within 30 days of election day.

(B) “For sale” signs not greater than 12 square feet. Removal must be accomplished within 30 days of close of sale.

(C) Temporary construction site identification, public service company, safety, or information signs not greater than 32 square feet. Exceptions may be granted for public highway signs necessary for public safety and consistent with the Manual on Uniform Traffic Control Devices (2012 or the most recent version). Removal must be accomplished within 30 days of project completion.

(F) Signs posted by governmental jurisdictions giving notice to the public. Such signs shall be no larger than that required to convey the intended message.

(G) In the GMA, signs associated with the use of a building or buildings, if placed flat on the outside walls of buildings (not on roofs or marquees).

(3) Agriculture-Special. The following uses are allowed without review on lands designated Agriculture-Special:

(a) Existing livestock grazing. A livestock operation ceases to be existing when the land on which it is conducted has lain idle for more than five years.

(b) Repair, maintenance, and operation of existing and serviceable structures, trails, roads, railroads, and utility facilities.

(c) Low-intensity recreation uses that occur with the knowledge and permission of the landowner, including hunting, fishing, trapping, native plant study, birdwatching, photography, horseback riding, and hiking. Development associated with these low-intensity recreation uses is subject to review and is not allowed outright.

(d) Temporary livestock facilities, such as portable livestock pens and corrals.

(e) New fences that exclude livestock from lands that are not part of an existing livestock operation.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0220 Development and Uses Eligible for Expedited Review

(1) The following development and uses may be allowed, provided they comply with the resource protection guidelines contained in section (2) below.

(a) Except in Open Space and Agriculture-Special, accessory structures between 60 and 200 square feet in area and ten feet or less in height. Only one accessory building per parcel may be allowed under this guideline, regardless of whether the parcel already includes an accessory building(s). Additional accessory buildings shall be subject to full review. This category does not include signs, decks, fences, outdoor lights, retaining walls, transportation facilities, or utility facilities.

(b) Additions and covered decks for existing buildings, provided the existing building is at least 500 square feet in area and the addition or covered deck is no larger than 200 square feet in area and no taller than the height of the existing building. Only one addition and one covered deck per parcel may be allowed under this guideline, regardless of whether the parcel already includes an addition or covered deck.

(c) Rail, solid or semi-solid fences accessory to existing dwellings less than or equal to six feet in height and less than or equal to 100 feet in length.

(d) Wire-strand fences other than those allowed outright, provided the fence complies with 350-082-0650(5) if it is inside deer and elk winter range as delineated in the Gorge Commission and Forest Service natural resource data or determined by an appropriate federal or state agency.

(e) In the GMA, woven-wire fences for agricultural use that would enclose 80 acres or less.

(f) Decks that are uncovered, attached and accessory to existing dwellings, and 500 square feet or less in area and 30 inches or less in height above existing grade.

(g) Road closure gates.

(h) Signs, other than those allowed outright.

(i) Outdoor lights.

(j) Air, weather, water and other similar research and monitoring facilities, provided the facilities are attached to existing structures or are less than or equal to 120 square feet in size and less than or equal to 12 feet in height.

(k) Lot line adjustments in the GMA that would not result in the potential to create additional parcels through subsequent land divisions, as determined by 350-082-0570(1), except all lot line adjustments for parcels designated Open Space, Agriculture-Special, Public Recreation, or Commercial Recreation shall be reviewed through the full development review process.

(l) Lot line adjustments in the SMAs, subject to compliance with 350-082-0570(2).

(m) Removal or demolition of structures that are less than 50 years old, including wells, septic tanks and fuel tanks.

(n) Decommission non-paved roads, including ripping the road surface, barriers, and revegetation.

(o) Trail reconstruction involving up to 1,000 feet of trail re-route.

(p) The following transportation facilities, provided they are not a part of larger construction or reconstruction projects (which shall be reviewed as a whole):

(A) New traffic barriers and guardrail ends, other than those allowed outright, and new wire-strand and woven-wire access control fences. This category does not include jersey barriers.

(B) New traffic detection devices, vehicle weighing devices, and signal boxes less than or equal to 120 square feet in size and less than or equal to 12 feet in height. This category does not include signs.

(C) Pave existing dirt and gravel roads, provided the activity does not increase the width of the road or disturb the toe of adjacent embankments, slopes or cut banks.

(D) New weather, air, traffic or other monitoring equipment attached to existing structures or that are less than or equal to 120 square feet in size and less than or equal to 12 feet in height.

(q) Except in Agriculture-Special, new underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past, provided that no ditch for linear facilities would be more than 36 inches wide and no excavation for non-linear facilities would exceed 20 cubic yards.

(r) The following aboveground and overhead utility facilities:

(A) Modify existing aboveground and overhead utility facilities or, except in Agriculture-Special, develop new aboveground and overhead utility facilities including building and equipment foundations, poles, transformers, conduit, fencing, pumps, valves, pipes, and water meters, provided the development would be less than or equal to 120 square feet in area and less than or equal to 12 feet in height.

(B) Replace existing aboveground and overhead utility facilities including building and equipment foundations, poles, transformers, conduit, fencing, pumps, valves, pipes, and water meters, provided the replacement facilities would be in the same location as and no more than 15 percent larger than the physical size of the existing facilities.

(C) New antennas and associated support structures necessary for public service on existing wireless communication poles and towers other than those allowed outright, provided the size is the minimum necessary to provide the service.

(s) Replace an existing mobile home in a mobile home space within a mobile home park, provided:

(A) The mobile home to be replaced, the mobile home space, and the mobile home park shall be existing, lawful uses according to the definition of existing use or structure in 350-082-0070(73) and in accordance with 350-082-0220(1) through 350-082-0220(4);

(B) The replacement mobile home shall be in the same location as the mobile home to be replaced;

(C) The height of the replacement mobile home shall be no more than 20 percent greater than the mobile home to be replaced; and

(D) the mass and footprint of the replacement mobile home shall be no more than 100 percent greater than a single-wide mobile home to be replaced or no more than 25 percent greater than a double-wide mobile home to be replaced.

(t) Retaining walls accessory to existing dwellings less than or equal to two feet in height and less than or equal to 100 feet in length.

(u) In the SMAs, wind machines for frost control in conjunction with agricultural use.

(v) Additions to existing buildings or structures that generate solar power for approved uses, provided that the panels and hardware are non-reflective black or dark earth tone colors and do not increase the overall roof height. This category does not include free-standing solar arrays, which are subject to full review as new structures under 350-082-0540.

(2) Proposed development reviewed using the expedited review process shall comply with the following resource protection guidelines:

(a) Scenic

(A) In the GMA, the scenic resource protection guidelines shall not apply to woven-wire fences for agricultural use that would enclose 80 acres or less.

(B) Except signs, the colors of structures topographically visible from key viewing areas shall be dark earth-tones found at the specific site or the surrounding landscape. The specific colors approved by the reviewing agency shall be included as a condition of approval. This guideline shall not apply to additions to existing buildings smaller in total area in square feet than the existing building, which may be the same color as the existing building.

(C) Except signs, structures topographically visible from key viewing areas shall use low or non-reflective building materials, including roofing, gutters, vents, and chimneys.

(D) Any exterior lighting shall be sited, limited in intensity, hooded, and shielded in a manner that prevents lights from being highly visible from key viewing areas and from noticeably contrasting with the surrounding landscape setting, except for road lighting necessary for safety purposes. Shielding and hooding materials shall be composed of non-reflective, opaque materials.

(E) Signs shall comply with 350-082-0520.

(F) Structures within one-half mile of a key viewing area and topographically visible from the key viewing area shall be sited, screened and designed to achieve the applicable scenic standard (e.g., visual subordinance, not visually evident).

(b) Cultural

(A) The expedited development review process shall only be used to review proposed development that does not require a reconnaissance survey or historic survey as determined by 350-082-0620(2)(a)(A).

(B) The GMA guidelines that protect cultural resources and human remains discovered during construction (350-082-0620(6) and (7)) shall be applied as conditions of approval for all development approved under the expedited development review process, including development in the SMAs.

(c) Recreation. The development shall not detract from the use and enjoyment of established recreation sites on adjacent parcels.

(d) Natural

(A) Water Resources (Wetlands, Streams, Ponds, Lakes and Riparian Areas). The development is outside water resources and their buffer zones. This guideline shall not apply to lot line adjustments or development located inside road, utility or railroad rights-of-way or easements that have been previously disturbed and regularly maintained.

(B) Sensitive Wildlife and Rare Plants

(i) The development meets one of the following:

(I) The development is at least 1,000 feet from known Priority Habitats or sensitive wildlife sites (excluding sensitive aquatic species and deer and elk winter range) and known rare plants.

(II) The development does not disturb the ground or is inside road, utility or railroad rights-of-way or easements or other areas that have been previously disturbed and regularly maintained.

(III) For sensitive wildlife, the development is within 1,000 feet of known Priority Habitats or sensitive wildlife sites (excluding sensitive aquatic species and deer and elk winter range), but an appropriate federal or state wildlife agency determines the Priority Habitat or sensitive wildlife site is not active, the proposed development would not compromise the integrity of the Priority Habitat or wildlife area, or the proposed development would not occur during the time of the year when wildlife species are sensitive to disturbance.

(IV) For rare plants, the development is within 1,000 feet of known rare plants, but the Oregon Biodiversity Information Center or Washington Natural Heritage Program or a person with recognized expertise in botany or plant ecology hired by the applicant has determined that the development would be at least 200 feet from the rare plants.

(ii) Development eligible for expedited review shall be exempt from the field survey requirements for sensitive wildlife or rare plants in 350-082-0650(1)(d) and (2) and 350-082-0660(1)(d) and (2).

(e) Treaty rights protection guidelines:

(A) Proposed development shall not affect or modify any treaty or other rights of any Indian tribe.

(B) The expedited development review process shall cease and the proposed development shall be reviewed using the full development review process if a tribal government submits substantive written comments during the comment period that identify the treaty rights that exist in the project vicinity and explain how they would be affected or modified by the proposed development.

(C) Except as provided in subsection (B) above, 350-082-0130 shall not apply to proposed development reviewed under the expedited review process.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 2-2026, amend filed 08/24/2026, effective 10/01/2026
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0230 Emergency/Disaster Response Actions

(1) General Guidelines

(a) Actions taken in response to an emergency/disaster, as defined in 350-082-0070(65), are allowed in all GMA and SMA land use designations, subject to the notification requirements in section (2) below.

(b) Following emergency/disaster response actions, best management practices (BMPs) to prevent sedimentation and provide erosion control shall be utilized whenever disaster response actions necessitate vegetation removal, excavation, or grading. BMPs may include but are not limited to: use of straw bales, slash windrows, filter fabric fences, sandbags, straw cover, jute netting, etc.

(c) Structures or development installed or erected for a temporary use (e.g., sandbags, check dams, plastic sheeting, chain link fences, debris walls, etc.) shall be removed within one year following an emergency event. If it can be demonstrated that the continued use of these devices is necessary to protect life property, public services or the environment, an extension of no more than two years may be granted by the Executive Director, or the Forest Service for federal agency actions.

(d) The new exploration, development (extraction or excavation), and production of mineral resources used for commercial or private or public works projects, shall not be conducted as an emergency/disaster response activity.

(e) No spoils resulting from grading or excavation activities shall be deliberately deposited into water resources or their buffer zones within the National Scenic Area as a part of an emergency/disaster response action. The only exception to this is for construction of a fire line during a wildfire, where avoiding the aquatic area or its buffer zone has been considered and determined to not be possible without further jeopardizing life or property.

(2) Notification Requirements

(a) Actions taken in response to an emergency/disaster, as defined in 350-082-0070(65), are allowed in all GMA and SMA land use designations, subject to the following notification requirements.

(A) Notification of an emergency/disaster response activity shall be submitted either within 48 hours of the commencement of a response action, or by the next business day following the start of such an action, whichever is sooner. Notification shall be submitted by the party conducting an emergency/disaster response activity or their representatives. In the case of multiple responding parties, the first party to respond shall provide the required notification, unless, upon mutual agreement of responding parties, another responder elects to assume this responsibility.

(B) Notification shall be submitted by mail, fax, telephone, e-mail or in person. If notification occurs by telephone, a hard copy of the notification shall be submitted by mail or in person within seven days.

(C) Notification shall be furnished to the Executive Director, or the Forest Service for federal agency actions. If the Forest Service is the action agency, it shall provide notice to the Gorge Commission.

(D) At a minimum, the following information shall be required at the time of notification:

(i) Nature of emergency/disaster event;

(ii) Description of emergency/disaster response activities and magnitude of response actions to be taken, if applicable (such as extent of earth movement, erection of structures, etc.);

(iii) Location of emergency/disaster response activities;

(iv) Estimated start and duration of emergency/disaster response activities; and

(v) Contact person and phone number for the parties conducting emergency/disaster response actions.

(E) Repair and maintenance of an existing serviceable structure to its previously authorized and undamaged condition are not subject to the above referenced notification requirements.

(b) Upon notification of an emergency/disaster response action, the Executive Director, or Forest Service shall, as soon as possible:

(A) Review its natural resource data and notify the contact person for the emergency/disaster response actions of all inventoried natural resource sites and their buffers, that are within or adjacent to the response area or that may be adversely affected by response activities;

(B) Notify the Oregon or Washington Department of Fish and Wildlife of all noticed emergency/disaster response actions, to provide that agency an opportunity to consult with responding agencies during the event, and;

(C) Notify the Forest Service, the Oregon State Historic Preservation Office or the Washington Department of Archeology and Historic Preservation, and the tribal governments of all emergency/disaster response activities. The Forest Service will review their cultural resource data and notify the contact person for the emergency/disaster response action as soon as possible of all inventoried cultural resource sites, or their buffers, that are within, or adjacent to, emergency/disaster response areas.

(c) Upon notification of a response action, the Forest Service shall, as soon as possible, offer the services of a resource advisor to the agency or agencies conducting the response action. The resource advisor will provide on-site advice to minimize impacts to resources from emergency/disaster response actions.

(3) Post-Emergency/Disaster Response Development Review Application Requirements

(a) Within 30 days following notification, a post-emergency/disaster response application shall be submitted by the party conducting the response action to the Executive Director, or Forest Service for federal agency actions. In the case of an event with multiple responding parties, the party providing initial notification as required herein shall submit the application. An exception to this may occur if another responding party, by mutual agreement with the other respondents, elects to submit the application. Requests to extend this submittal deadline may be made in writing and shall include the reason why an extension is necessary. Extensions shall not exceed 30 days in duration.

(b) Post-emergency/disaster response applications shall only address development activities conducted during an emergency/disaster response. Applications shall specify if development placed during an emergency/disaster event is permanent or temporary. The terms “development activities” and “development” include the disposal of any spoil materials associated with an emergency/disaster response action. Applicants shall be responsible for operations under their control and that of other responders, upon mutual agreement. Responders not agreeing to have another responder address their actions shall be responsible to submit an application for those actions.

(c) Emergency/disaster response actions not involving structural development or ground disturbance with mechanized equipment are exempt from these requirements, except for those actions within 500 feet of a known cultural resource (as determined in the notification process).

(d) Applications shall include the following information:

(A) Applicant’s name and address;

(B) Location of emergency/disaster response;

(C) A written description of the emergency/disaster response, including any structures erected, excavation or other grading activities, or vegetation removal; and

(D) A map of the project area drawn to scale, at a scale of one inch = 200 feet or a scale providing greater detail. The map shall include:

(i) North arrow and scale.

(ii) Boundaries, dimensions and size of subject parcel(s).

(iii) Bodies of water, watercourses, and significant landforms.

(iv) Existing roads and structures.

(v) New structures placed and any vegetation removal, excavation or grading resulting from the response actions.

(E) An exception to the scale requirements in subsection (3)(d)(D) above may be granted for an event encompassing an area greater than one square mile. In such cases, a clear sketch map of the entire response action area shall be provided. In addition, a map of one inch = 200 feet or a scale providing greater detail shall be provided that shows a section of the response area exemplifying the specific actions taken.

(e) Emergency/disaster response review uses may be allowed pursuant to a process that provides at minimum the following:

(A) Notice of the application to landowners within 200 feet of the perimeter of the subject parcel, the Forest Service, Gorge Commission, the four Columbia River treaty tribes, and interested parties;

(B) A written decision with findings of fact and conclusions of law; and

(4) Post-Emergency/Disaster Response Development Review. Actions taken in all land use designations within the GMA or SMAs that are in response to an emergency/disaster event, as defined, shall be reviewed for compliance with the following guidelines.

(a) Scenic Resources

(A) Impacts of emergency/disaster response actions shall be evaluated to ensure that scenic resources are not adversely affected. In the GMA, such actions shall be rendered visually subordinate in their landscape setting as visible from key viewing areas to the greatest extent practicable, except for actions located in areas exempted from visual subordinance requirements in 350-082-0600(3)(k). In the SMAs, such actions shall meet the scenic standard to the greatest extent practicable.

(B) Vegetation shall be used to screen or cover road cuts, structural development, landform alteration, and areas denuded of vegetation, as a result of emergency/disaster response actions.

(C) Areas denuded of vegetation as a result of emergency/disaster response actions shall be revegetated with native plant species, or species commonly found within the applicable landscape setting, to restore the affected areas to its pre-response condition to the greatest extent practicable. Revegetation shall occur as soon as practicable, but no later than one year after the emergency/disaster event. An exception to the one-year requirement may be granted upon demonstration of just cause, with an extension up to one year.

(D) The painting, staining or use of other materials on new structural development shall be used to ensure that the structures are non-reflective, or of low reflectivity, and visually subordinate in their landscape setting as visible from key viewing areas, unless the structure is fully screened from key viewing areas by existing topographic features.

(E) Additions to existing structures, resulting from an emergency/disaster response action, which are smaller in total height, bulk or area than the existing structures may be the same color as the existing development. Additions larger than the existing development shall be visually subordinate in their landscape setting as visible from key viewing areas to the greatest extent practicable.

(F) In the GMA, spoil materials associated with grading, excavation and slide debris removal activities in relation to an emergency/disaster response action shall comply with the following standards:

(i) The spoil materials shall either be:

(I) Removed from the National Scenic Area,

(II) Deposited at a site within the National Scenic Area permitted by an agency administering a National Scenic Area land use ordinance, or

(III) (Re)contoured, to the greatest extent practicable, to retain the natural topography, or a topography which emulates that of the surrounding landscape.

(ii) The Executive Director shall decide whether an applicant removes the spoil materials, deposits the spoil materials, or (re)contours the spoils materials. The applicant does not make this decision.

(iii) The Executive Director shall select the action in subsection (i) above that, to the greatest extent practicable, best complies with the policies and guidelines in the Management Plan that protect scenic, cultural, recreation, and natural resources.

(iv) Disposal sites created according to subsection (i)(2) above shall only be used for spoil materials associated with an emergency/disaster response action. Spoil materials from routine road maintenance activities shall not be deposited at these sites.

(G) In the SMAs, spoil materials associated with grading, excavation and slide debris removal activities in relation to an emergency/disaster response action shall comply with the following standards:

(i) The spoil materials shall either be:

(I) Removed from the National Scenic Area, or

(II) Deposited at a site within the National Scenic Area permitted by an agency administering a National Scenic Area land use ordinance within two years of the emergency.

(ii) After the spoils materials are removed, the emergency disposal site shall be rehabilitated to meet the scenic standard.

(iii) All grading (i.e., recontouring) shall be completed within 30 days after the spoils materials are removed.

(iv) Sites shall be replanted using native plants found in the landscape setting or ecoregion to the maximum extent practicable.

(v) All revegetation shall take place within one year of the date an applicant completes the grading.

(b) Cultural Resources and Treaty Rights

(A) To the greatest extent practicable, emergency/disaster response actions shall not adversely affect cultural resources.

(B) Emergency/disaster response actions shall not affect or modify tribal treaty rights.

(C) The Forest Service shall determine if a reconnaissance survey or historic survey is necessary within three days after receiving notice that a post-emergency land use application has been received by the Executive Director.

(i) Reconnaissance surveys and report shall be conducted by the Forest Service and comply with the standards in 350-082-0620(2)(b).

(ii) Historic surveys shall be conducted by the Forest Service and shall describe any adverse effects to historic resources resulting from an emergency/disaster response action. Historic surveys shall document the location, form, style, integrity, and physical condition of historic buildings and structures. Such surveys shall also include original photographs, if available, and maps, and should use archival research, blueprints, and drawings as necessary.

(D) Following the submittal of a post-emergency land use application, in addition to other public notice requirements that may exist, the tribal governments shall be notified by the Executive Director when a reconnaissance survey is required or cultural resources exist in the project area. Notices shall include a site plan. Tribal governments shall have 15 calendar days from the date a notice is sent to submit written comments. Written comments should describe the nature and extent of any cultural resources that exist in the project area or treaty rights that exist in the project area and how they have been affected, and identify individuals with specific knowledge about them.

(E) When written comments are submitted in compliance with subsection (D) above, the project applicant shall offer to meet within five calendar days with the interested persons. The five-day consultation period may be extended upon agreement between the project applicant and the interested persons. A report shall be prepared by the Executive Director following the consultation meeting. Consultation meetings and reports shall comply with the standards in 350-082-0620(2)(e), and 350-082-0130.

(F) If cultural resources are discovered within the area disturbed by emergency response actions, the project applicant shall have a qualified professional conduct a survey to gather enough information to evaluate the significance of the cultural resources and what effects the action had on such resources. The survey and evaluation shall be documented in a report that generally follows the standards in 350-082-0620(2)(c) and 350-082-0620(3)(b).

(G) A mitigation plan shall be prepared by the project applicant if the affected cultural resources are significant. The mitigation plan shall be prepared according to the information, consultation, and report guidelines in 350-082-0620(5)(a).

(H) The Executive Director shall submit a copy of all reconnaissance and historic survey reports and treaty rights protection plans to the State Historic Preservation Office (SHPO) and the tribal governments. Survey reports shall include measures to mitigate adverse effects to cultural resources resulting from emergency/disaster response actions. The SHPO and tribal governments shall have 15 calendar days from the date a survey report is mailed to submit written comments to the Executive Director. The Executive Director shall record and address all written comments in the final decision.

(I) The Executive Director shall make a final decision on whether the emergency/disaster response actions are consistent with the applicable cultural resource goals, policies, and guidelines. If the final decision contradicts the comments submitted by the SHPO, or those submitted by a tribal government regarding treaty rights, the Executive Director shall justify how the opposing conclusion was reached.

(J) The cultural resource protection process may conclude when it has been determined that tribal treaty rights have not been affected and one of the following conditions exists:

(i) The emergency/disaster response action does not require a reconnaissance or historic survey, or a reconnaissance survey demonstrates that no cultural resources are known to exist in the project area, and no substantiated concerns were voiced by interested persons within 15 calendar days of the date that a notice was mailed;

(ii) The emergency/disaster response action avoided cultural resources that exist in the project area;

(iii) Adequate mitigation measures to affected cultural resources have been developed and will be implemented or

(iv) A historic survey demonstrates that emergency/disaster response actions, and associated development, had no effect on historic buildings or structures because:

(I) The SHPO concluded that the historic buildings or structures are clearly not eligible, as determined by using the criteria in the “National Register Criteria for Evaluation” (36 CFR 60.4), or

(II) The emergency/disaster response actions did not compromise the historic or architectural character of the affected buildings or structures, or compromise features of the site that are important in defining the overall historic character of the affected buildings or structures, as determined by the guidelines and standards in The Secretary of the Interior’s Standards for Rehabilitation (U.S. Dep’t of the Interior 1990) and The Secretary of the Interior’s Standards for Historic Preservation Projects (U.S. Dep’t of the Interior 1983).

(A) To the greatest extent practicable, emergency/disaster response actions shall not adversely affect natural resources.

(B) Buffer zones for water resources, Priority Habitats, or sensitive wildlife sites, and sites containing rare plants, shall be the same as those established in 350-082-0640 through 350-082-0690.

(i) Emergency/disaster response actions occurring within a water resource buffer zone shall be reviewed by the Oregon or Washington Department of Fish and Wildlife. State biologists will help determine if emergency/disaster response actions have affected or have a potential to affect these water resources or their buffer zones.

(ii) When emergency/disaster response activities occur within water resources or their buffer zones, the applicant shall demonstrate the following:

(I) All reasonable measures have been applied to ensure that the response actions have resulted in the minimum feasible alteration or destruction of the functions, existing contours, vegetation, fish and wildlife resources, and hydrology of wetlands, streams, ponds, lakes or riparian areas; and

(II) Areas disturbed by response activities and associated development will be rehabilitated to the maximum extent practicable.

(iii) Impacts to water resources and their buffers will be offset through mitigation and restoration to the greatest extent practicable. Mitigation and restoration efforts shall use native vegetation, and restore natural functions, contours, vegetation patterns, hydrology and fish and wildlife resources to the maximum extent practicable.

(iv) If the Executive Director, in consultation with the state wildlife agency, determines that the emergency/disaster response actions had minor effects on the water resource or its buffer zone that could be eliminated with simple modifications, a letter shall be sent to the project applicant that describes the effects and measures that need to be taken to eliminate them. The state biologist, or a Forest Service natural resource advisor (as available) in consultation with the state biologist, shall visit the site in order to make this determination. If the project applicant accepts these recommendations, the Executive Director shall incorporate them into the final order and the aquatic area protection process may conclude.

(v) Unless addressed through subsection (4)(c)(C)(iv) above, mitigation and restoration efforts shall be delineated in a Water Resources Mitigation Plan. Water Resources Mitigation Plans shall satisfy the standards in 350-082-0640(8)(a) and (b) and the following:

(I) Plans shall include a plan view and cross-sectional drawing at a scale that adequately depicts site rehabilitation efforts. Plans will illustrate final site topographic contours that emulate the surrounding natural landscape.

(II) Planting plans shall be included that specify native plant species to be used, specimen quantities and plant locations.

(III) The project applicant shall be responsible for the successful rehabilitation of all areas disturbed by emergency/disaster response activities.

(D) Wildlife Habitat

(i) Emergency/disaster response actions occurring within 1,000 feet of a Priority Habitat or sensitive wildlife site, shall be reviewed by the Oregon or Washington Department of Fish and Wildlife. State wildlife biologists will help determine if emergency/disaster response actions have affected or have a potential to affect a Priority Habitat or sensitive wildlife site.

(ii) Site plans for emergency/disaster response sites shall be submitted by the Executive Director to the Oregon or Washington Department of Fish and Wildlife for review as prescribed in 350-082-0650(3)(a).

(iii) The wildlife protection process may terminate if the Executive Director, in consultation with the state wildlife agency, determines the Priority Habitat or sensitive wildlife site was not active, the emergency/disaster response did not compromise the integrity of the Priority Habitat or sensitive wildlife site, or the emergency/disaster response occurred at a time when wildlife species are not sensitive to disturbance.

(iv) If the Executive Director, in consultation with the state wildlife agency, determines that the emergency/disaster response activities had minor effects on the Priority Habitat or sensitive wildlife site that could be eliminated with simple modifications, a letter shall be sent to the project applicant that describes the effects and measures that need to be taken to eliminate them. The state wildlife biologist, or a Forest Service natural resource advisor (as available) in consultation with the state wildlife biologist, shall visit the site in order to make this determination. If the project applicant accepts these recommendations, the Executive Director shall incorporate them into the final decision and the wildlife protection process may conclude.

(v) If the Executive Director, in consultation with the state wildlife agency, determines that the emergency/disaster response activities had adverse effect on a Priority Habitat or sensitive wildlife site, the project applicant shall prepare a wildlife mitigation plan. Wildlife mitigation plans shall comply with standards in 350-082-0650(4). Upon completion of the wildlife mitigation plan, the Executive Director shall:

(I) Submit a copy of the wildlife mitigation plan to the state wildlife agency for review. The state wildlife agency will have 15 days from the date that a plan is mailed to submit written comments to the Executive Director;

(II) Record any written comments submitted by the state wildlife agency in its development review order. Based on these comments, the Executive Director shall make a final decision on whether the proposed use would be consistent with the wildlife policies and guidelines. If the final decision contradicts the comments submitted by the state wildlife agency, the Executive Director shall justify how the opposing conclusion was reached.

(III) Require the project applicant to revise the wildlife mitigation plan as necessary to ensure that the proposed use would not adversely affect a Priority Habitat or sensitive wildlife site.

(E) Deer and Elk Winter Range. Any fencing permanently erected within deer and elk winter range, as a result of an emergency/disaster response, shall comply with the standards in 350-082-0650(5).

(F) Rare Plants

(i) Emergency/disaster response actions occurring within 1,000 feet of a rare plant, shall be reviewed by the Oregon Biodiversity Information Center or Washington Natural Heritage Program. State heritage staff will help determine if emergency/disaster response actions have occurred within the buffer zone of a rare plant.

(ii) Site plans for emergency/disaster response sites shall be submitted to the Oregon Biodiversity Information Center or Washington Natural Heritage Program by the Executive Director. State natural heritage staff will, within 15 days from the date the application is mailed, identify the location of the affected plants and delineate a 200-foot buffer zone on the applicant’s site plan.

(iii) The rare plant protection process may conclude if the Executive Director, in consultation with the state natural heritage program, determines that emergency/disaster response activities occurred outside of a rare plan buffer zone.

(iv) If the Executive Director, in consultation with the state natural heritage program, determines that the emergency/disaster response activities had minor effects on rare plants or the rare plant buffer zone, a letter shall be sent to the project applicant that describes the effects and measures that need to be taken to eliminate them. The state natural heritage staff, or a Forest Service natural resources advisor (as available) in consultation with the state natural heritage staff, shall visit the site in order to make this determination. If the project applicant accepts these recommendations, the Executive Director shall incorporate them into the final decision order and the rare plant protection process may conclude.

(v) If emergency/disaster response activities occurred within a rare plant buffer zone that had adverse effects on rare plants or their buffer zone, the project applicant shall prepare a Rare Plant Mitigation Plan that meets the standards in 350-082-0660(4).

(vi) The Executive Director shall submit a copy of all Rare Plant Mitigation Plans to the state natural heritage program for review. The state natural heritage program will have 15 days from the date the Rare Plant Mitigation Plan is mailed to submit written comments to the Executive Director.

(vii) The Executive Director shall record any written comments submitted by the state natural heritage program in its development review order. Based on these comments, the Executive Director shall make a final decision on whether the proposed use would be consistent with the rare plant policies and guidelines. If the final decision contradicts the comments submitted by the state natural heritage program, the Executive Director shall justify how the opposing conclusion was reached.

(viii) The Executive Director shall require the project applicant to revise the Rare Plant Mitigation Plan as necessary to ensure that the proposed use would not adversely affect a rare plant site.

(d) Recreational Resources

(A) To the greatest extent practicable, emergency/disaster response actions shall not adversely affect recreational resources.

(B) Mitigation measures shall be implemented to mitigate any adverse effects on existing recreation resources caused by emergency/disaster response activities to the maximum extent practicable.

(5) Post-Emergency Construction. Placement of structures necessary for continued public safety and the protection of private property and essential public services damaged during an emergency/disaster event are allowed in all land use designations in accordance with 350-082-0080 through 0170, 350-082-0380 through 0590 (as applicable), and 350-082-0600 through 0720. This includes replacement of temporary structures erected during such events with permanent structures performing an identical or related function. Land use applications shall be submitted within 12 months following an emergency/disaster event.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0240 Uses Allowed on Lands Designated Large-Scale Agriculture and Small-Scale Agriculture

(1) Uses Allowed Outright. The uses listed in “350-082-0210(1) are allowed without review on lands designated Large-Scale Agriculture and Small-Scale Agriculture.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated Large-Scale Agriculture and Small-Scale Agriculture.

(3) Review Uses. The following uses may be allowed on lands designated Large-Scale Agriculture and Small-Scale Agriculture subject to compliance with 350-082-0600 through 350-082-0720, except where a use specifies that it is only allowed on land designated Large-Scale Agriculture or Small-Scale Agriculture:

(a) New cultivation, subject to compliance with guidelines for the protection of cultural resources and natural resources in 350-082-0620 and 350-082-0640 through 350-082-0690, and upon demonstration that the landowner has sufficient water to support the use.

(b) Agricultural structures in conjunction with agricultural use, including new cultivation.

(c) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to compliance with 350-082-0380.

(d) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (e) or (f) below.

(e) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel less than or equal to ten acres in size are subject to the following additional standards:

(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

(B) The height of any individual accessory building shall not exceed 24 feet.

(f) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel larger than ten acres in size are subject to the following additional standards:

(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 2,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

(B) The footprint of any individual accessory building shall not exceed 1,500 square feet.

(g) The temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to compliance with 350-082-0390.

(h) On lands designated Large-Scale Agriculture, a single-family dwelling in conjunction with agricultural use, upon a demonstration of compliance with all the following guidelines:

(A) The subject farm or ranch (including all of its constituent parcels, contiguous or otherwise) has no other dwellings that are vacant or currently occupied by persons not directly engaged in farming or working on the subject farm or ranch and that could be used as the principal agricultural dwelling.

(B) The farm or ranch upon which the dwelling will be located is currently devoted to agricultural use, as defined under “Designation Policies,” where the day-to-day activities of one or more residents of the agricultural dwelling will be principally directed to the agricultural use of the land. The farm or ranch must currently satisfy subsection (C)(iv) below.

(i) Size of the entire farm or ranch, including all land in the same ownership.

(ii) Type(s) of agricultural uses (crops, livestock) and acreage.

(iii) Operational requirements for the particular agricultural use that are common to other agricultural operations in the area.

(iv) Annual income. The farm or ranch, and all its constituent parcels, must produce at least $80,000 in gross annual income in 2020 dollars. This gross annual income amount shall be indexed for inflation on an annual basis using Consumer Price Index data from the U.S. Bureau of Labor Statistics, and the new adjusted amount for each calendar year (calculated from 2020 dollars) will be posted on the Gorge Commission’s website by January 15 of each year. This determination can be made using the following formula: (A)(B)(C) = I where: A = Average yield of the commodity per acre or unit of production; B = Average price of the commodity; C = Total acres suitable for production, or total units of production that can be sustained, on the subject farm or ranch; and I = Annual income.

(i) On lands designated Large-Scale Agriculture, a second single-family dwelling in conjunction with agricultural use when the dwelling would replace an existing dwelling that is included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with the criteria listed in 350-082-0620(3)(a)(A).

(j) On lands designated Small-Scale Agriculture, a single-family dwelling on any legally created and existing parcel.

(k) On lands designated Large-Scale Agriculture, a single-family dwelling for an agricultural operator’s relative subject to compliance with all the following guidelines:

(A) The dwelling would be occupied by a relative of the agricultural operator or of the agricultural operator’s spouse who will be actively engaged in the management of the farm or ranch. Relative means grandparent, grandchild, parent, child, brother or sister.

(B) The dwelling would be located on the same parcel as the dwelling of the principal operator.

(C) The operation is a commercial enterprise, as determined by an evaluation of the factors described in 350-082-0240(3)(h)(C).

(l) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(m) Structures associated with hunting and fishing operations.

(n) Towers and fire stations for forest fire protection.

(o) Agricultural labor housing, subject to compliance with all the following guidelines:

(A) The proposed housing is necessary and accessory to a current agricultural use.

(B) The housing shall be seasonal, unless it is shown that an additional full-time dwelling is necessary to the current agricultural use of the subject farm or ranch unit. Seasonal use shall not exceed nine months.

(C) The housing shall be located to minimize the conversion of lands capable of production of farm crops or livestock and shall not force a significant change in or significantly increase the cost of accepted agricultural practices employed on nearby lands devoted to agricultural use.

(p) On lands designated Large-Scale Agriculture, on a parcel that was legally created and existed prior to November 17, 1986, a single-family dwelling not in conjunction with agricultural use upon a demonstration of compliance with all the following guidelines:

(A) The dwelling will not force a change in or increase the cost of accepted agricultural practices on surrounding lands.

(B) The subject parcel is predominantly unsuitable for the production of farm crops and livestock, considering soils, terrain, location, and size of the parcel. Size alone shall not be used to determine whether a parcel is unsuitable for agricultural use. An analysis of suitability shall include the capability of the subject parcel to be used in conjunction with other agricultural operations in the area.

(C) The dwelling shall be set back from any abutting parcel designated Large-Scale Agriculture or Small-Scale Agriculture, as required by 350-082-0580(2), or designated Commercial Forest Land, Large Woodland, or Small Woodland, as required by 350-082-0270(6).

(D) A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs, and assigns of the subject property are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland.

(E) All owners of land in areas designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland that is within 500 feet of the perimeter of the subject parcel on which the dwelling is proposed to be located have been notified and given at least ten days to comment prior to a decision.

(q) Life estates, subject to compliance with the following guidelines:

(A) A landowner who sells or otherwise transfers real property on lands designated Large-Scale Agriculture or Small-Scale Agriculture may retain a life estate in a dwelling and a tract of land surrounding the dwelling.

(B) The life estate tract shall not be considered a parcel as defined in this land use ordinance.

(C) A second dwelling may be allowed, subject to compliance with 350-082-0600 through 350-082-0720 and upon findings that the proposed dwelling is in conjunction with agricultural use, using subsection (3)(h) above.

(D) Upon termination of the life estate, the original or second dwelling shall be removed.

(r) Land divisions, subject to compliance with 350-082-0560.

(s) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to compliance with 350-082-0570(1).

(t) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(u) Docks and boathouses, subject to compliance with 350-082-0410.

(v) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(w) Commercial events, subject to compliance with 350-082-0480.

(x) Special uses in historic buildings, subject to compliance with 350-082-0530.

(4) Review Uses with Additional Approval Criteria.

(a) The following uses may be allowed on lands designated Large-Scale and Small-Scale Agriculture, subject to compliance with 350-082-0600 through 350-082-0720, except where a use specifies that it is only allowed on land designated Large-Scale Agriculture or Small-Scale Agriculture. The following uses shall also comply with the “Approval Criteria for Specified Review Uses,” in subsection (b) below:

(A) Construction, reconstruction, or modification of roads, utility facilities, and railroads necessary for public service upon a showing that:

(i) there is no practicable alternative location with less adverse effect on agricultural or forest lands, and;

(ii) the size is the minimum necessary to provide the service.

(B) Home occupations in existing residential or accessory structures, subject to compliance with 350-082-0420.

(D) Wineries and cideries, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruits harvested on the subject farm and the local region.

(E) Wine or cider sales and tasting rooms, in conjunction with an on-site winery or cidery.

(F) Agricultural product processing and packaging, upon a showing that the processing will be limited to products grown primarily on the subject farm and sized to the subject operation.

(G) Exploration, development, and production of mineral and geothermal resources, subject to compliance with 350-082-0500.

(H) Personal-use airstrips, including associated accessory structures such as a hangar. A personal-use airstrip is an airstrip restricted (except for aircraft emergencies) to use by the owner; invited guests on an infrequent and occasional basis; and commercial aviation activities in connection with agricultural operations. No aircraft may be based on a personal-use airstrip other than those owned or controlled by the owner of the airstrip.

(I) Aquaculture.

(J) Recreation development, subject to the Recreation Intensity Class provisions in 350-082-0700 through 350-082-0720.

(K) Boarding of horses. The reviewing agency shall make findings on property characteristics, parcel size and impacts to neighbors, and shall specify the maximum number of horses based on those findings.

(L) Temporary portable asphalt or batch plants related to public road projects, not to exceed six months.

(M) Bed and breakfast inns in single-family dwellings, subject to compliance with 350-082-0440 and provided that the residence:

(i) Is included in the National Register of Historic Places, or

(ii) In Washington, is listed on the Washington Heritage Register maintained by the Washington Department of Archaeology and Historic Preservation, or

(iii) In Oregon, is identified and protected under local landmark status as approved pursuant to Oregon state land use regulations protecting historic structures.

(N) Nonprofit, environmental learning or research facilities.

(O) Expansion of existing school or place of worship.

(P) On parcels designated Small-Scale Agriculture, small-scale fishing support and fish processing operations on parcels that are contiguous with and have direct access to the Columbia River, subject to compliance with 350-082-0450.

(Q) Disposal sites managed and operated by the Oregon Department of Transportation, the Washington State Department of Transportation, or a National Scenic Area county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, subject to compliance with 350-082-0470.

(b) Approval Criteria for Specified Review Uses on Lands Designated Large-Scale Agriculture and Small-Scale Agriculture

(A) The use is compatible with agricultural uses and would not force a change in or significantly increase the cost of accepted agricultural practices on nearby lands devoted to agricultural use.

(B) The use will be sited to minimize the loss of land suitable for the production of crops or livestock.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0250 Uses Allowed on Lands Designated Agriculture-Special

(1) Uses Allowed Outright. The uses listed in 350-082-0210(3) are allowed without review on lands designated Agriculture-Special.

(3) Review Uses with Additional Approval Criteria.

(a) The following uses may be allowed on lands designated Agriculture-Special, subject to compliance with 350-082-0600 through 350-082-0720 and “Approval Criteria for Review Uses on Lands Designated Agriculture-Special” in subsection (b) below:

(A) New livestock grazing. Any operation that would introduce livestock to land that has not been grazed, or has laid idle, for more than five years shall be considered new livestock grazing.

(B) New fences, livestock watering facilities, and corrals.

(D) Replacement or minor expansion of existing and serviceable structures within a dedicated site. Expansion shall be limited to the dedicated site.

(E) Fish and wildlife management uses, educational activities, and scientific research.

(F) Land divisions that facilitate livestock grazing or protect and enhance natural areas. No resulting parcel may be smaller than 160 acres, unless it would facilitate the protection of scenic, cultural, natural, or recreation resources.

(G) Single-family dwellings that are not in conjunction with agricultural use, if a landowner demonstrates that the dwelling cannot be constructed on a portion of the parcel that is located outside of the natural area and the dwelling is sited and designed in a manner that minimizes adverse effects to the natural area. All dwellings shall meet the criteria in 350-082-0240(3)(p). The buffer guidelines for non-agricultural dwellings may be waived if they would prevent the optimum siting of a dwelling.

(H) Recreation uses, subject to the provisions for Recreation Intensity Classes in 350-082-0700 through 350-082-0720.

(I) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(J) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(K) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(L) Lot line adjustments, subject to compliance with 350-082-0570(1).

(b) Approval Criteria for Review Uses on Lands Designated Agriculture-Special

(A) A range conservation plan shall be prepared before new livestock grazing commences; new fences, livestock watering facilities, and corrals are constructed; or soil, water, and vegetation conservation activities are undertaken (review uses (3)(a)(A), (B), and (C)).

(i) If a range conservation plan is required before a use is allowed, it shall be prepared by the landowner in cooperation with range scientists from local conservation districts. Specialists from the Oregon Biodiversity Information Center or Washington Natural Heritage Program should be consulted while the plan is being prepared.

(ii) Range conservation plans shall ensure that new uses do not adversely affect natural areas. They shall accomplish the following goals:

(I) Maintain native rangeland that is in excellent or good condition; enhance rangeland that is in fair or poor condition;

(II) Preserve native trees and shrubs; and

(III) Reestablish native grasses in degraded areas that have been invaded by non-native plants and weeds.

(iii) Range conservation plans shall include all the following elements:

(I) Range inventory. This shall include existing composition, carrying capacity, and condition of rangeland; the location of rare plants and non-native weeds; and existing fences, watering ponds, and other range improvements.

(II) Rehabilitation plan. This shall include actions that will be taken to rehabilitate native rangeland that is in fair or poor condition, such as weed and soil erosion control, seeding, and prescribed burning.

(III) Livestock management plan. This shall include the grazing system that will be used, including number and size of pastures, expected livestock numbers, and grazing or deferral periods and sequence. Livestock management plans shall project livestock movements for at least three years.

(IV) Monitoring program. This shall track the annual progress of the conservation plan and condition of the range. Monitoring techniques shall be described, such as line transects or photographic plots.

(B) The Executive Director shall submit all land use applications and range conservation plans to the Oregon Biodiversity Information Center or Washington Natural Heritage Program. The state heritage staff will have 30 days from the date that an application or plan is mailed to submit written comments to the Executive Director.

(C) The Executive Director shall record and address any written comments submitted by the state heritage staff in the Executive Director’s decision.

(D) Based on the comments from the state heritage staff, the Executive Director shall make a final decision on whether the proposed use is consistent with the Agriculture-Special policies and guidelines. If the final decision contradicts the comments submitted by the state heritage staff, the Executive Director shall justify how they reached an opposing conclusion.

(4) Prohibited Uses. Except for the uses listed in sections (1) through (3) above, new uses shall be prohibited on lands designated Agriculture-Special. Prohibited uses include, but are not limited to:

(a) Cultivation, including plowing, harrowing, leveling, tilling, or any activity that prepares land for raising crops by turning, breaking up, or loosening the soil.

(b) Removal or clearing of native grasses, shrubs, and trees.

(d) Barns, silos, and other agricultural buildings.

(e) Irrigation systems.

(f) Exploration, development, and production of mineral resources.

(g) Utility facilities, public use facilities, and roads.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0260 Uses Allowed on Lands Designated SMA Agriculture

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated SMA Agriculture.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated SMA Agriculture.

(3) Review Uses. The following uses may be allowed on lands designated SMA Agriculture subject to compliance with 350-082-0600 through 350-082-0720. The use or development shall be sited to minimize the loss of land suitable for the production of agricultural crops or livestock.

(a) New cultivation or new agricultural use outside of previously disturbed and regularly worked fields or areas. Clearing trees for new agricultural use is subject to the additional requirements of 350-082-0280(3)(w).

(b) Forest uses and practices, as allowed for in 350-082-0280(3)(x).

(c) A single-family dwelling necessary for and accessory to agricultural use upon a demonstration of compliance with all the following guidelines:

(A) The proposed dwelling would be the only dwelling on the subject farm or ranch, including contiguous lots and parcels.

(B) The farm or ranch upon which the dwelling will be located is currently devoted to agricultural use, where the day-to-day activities of one or more residents of the dwelling will be principally directed to the agricultural use of the land. The farm or ranch must currently satisfy subsection (C)(iv) below.

(i) Size of the entire farm or ranch, including all land in the same ownership.

(ii) Type(s) of agricultural uses (crops, livestock, orchard, etc.) and acreage.

(iii) Operational requirements for the particular agricultural use that are common to other agricultural operations in the area.

(iv) Average income. The farm or ranch, and all its contiguous parcels, must produce at least $80,000 in gross annual income in 2020 dollars. This gross annual income amount shall be indexed for inflation on an annual basis using Consumer Price Index data from the US Bureau of Labor Statistics, and the new adjusted amount for each calendar year (calculated from 2020 dollars) will be posted on the Gorge Commission’s website by January 15 of each year. This determination can be made using the following formula: (A)(B)(C) = I where: A = Average yield of the commodity per acre or unit of production; B = Average price of the commodity; C = Total acres suitable for production, or total units of production that can be sustained, on the subject farm or ranch; and I = Income capability.

(D) Minimum parcel size of 40 contiguous acres.

(d) Farm labor housing on a parcel with an existing dwelling subject to compliance with all the following guidelines:

(A) The proposed housing is necessary and accessory to a current agricultural use, and the operation is a commercial agricultural enterprise as determined by an evaluation of the criteria listed in subsection (c)(C) above.

(B) The housing shall be seasonal, unless it is shown that an additional full-time dwelling is necessary for the current agricultural use. Seasonal use shall not exceed nine months.

(C) The housing shall be located to minimize the conversion of lands capable of production of farm crops and livestock and shall not force a significant change in or significantly increase the cost of accepted agricultural uses employed on nearby lands devoted to agricultural use.

(D) Minimum parcel size of 40 contiguous acres.

(e) Agricultural structures, except buildings, in conjunction with agricultural use.

(f) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to compliance with 350-082-0380.

(g) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (h) or (i), below.

(h) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel less than or equal to ten acres in size are subject to the following additional standards:

(B) The height of any individual accessory building shall not exceed 24 feet.

(i) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel larger than ten acres in size are subject to the following additional standards:

(B) The footprint of any individual accessory building shall not exceed 1,500 square feet.

(j) Home occupations subject to compliance with 350-082-0420. The use or development shall be compatible with agricultural use. Buffer zones should be considered to protect agricultural practices from conflicting uses.

(k) Bed and breakfast inns, subject to compliance with 350-082-0440. The use or development shall be compatible with agricultural use. Buffer zones should be considered to protect agricultural practices from conflicting uses.

(l) Fruit and produce stands.

(m) Aquaculture.

(n) Exploration, development, and production of sand, gravel, and crushed rock for the construction, maintenance, or reconstruction of roads used to manage or harvest commercial forest products on lands within the SMAs.

(o) Utility facilities necessary for public service, upon a showing that:

(A) There is no alternative location with less adverse effect on Agriculture lands.

(B) The size is the minimum necessary to provide the service.

(p) Temporary asphalt or batch plant operations related to public road projects, not to exceed six months.

(q) Community facilities and nonprofit facilities related to agricultural resource management.

(r) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(s) Expansion of existing nonprofit group camps, retreats, and conference or education centers for the successful operation on the dedicated site. Expansion beyond the dedicated site is prohibited.

(t) Public recreation, commercial recreation, interpretive, and educational developments and uses, consistent with the guidelines in 350-082-0710 through 350-082-0720.

(u) Road and railroad construction and reconstruction.

(v) Agricultural product processing and packaging, upon demonstration that the processing will be limited to products produced primarily on or adjacent to the property. “Primarily” means a clear majority of the product as measured by volume, weight, or value.

(w) On a parcel of 40 acres or greater with an existing dwelling, the temporary use of a manufactured home or dwelling structure in the case of a family hardship, subject to compliance with 350-082-0390.

(x) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(y) Docks and boathouses, subject to compliance with 350-082-0410.

(z) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks, and fuel tanks.

(aa) Disposal sites managed and operated by the Oregon Department of Transportation, the Washington State Department of Transportation, or a National Scenic Area county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, subject to compliance with 350-082-0470.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0270 Uses Allowed on Lands Designated Commercial Forest Land, Large Woodland, and Small Woodland

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated Commercial Forest Land, Large Woodland, and Small Woodland.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated Commercial Forest Land, Large Woodland, or Small Woodland.

(3) Review Uses. The following uses may be allowed on lands designated Commercial Forest Land, Large Woodland, and Small Woodland, subject to compliance with 350-082-0600 through 350-082-0720, except where a use specifies that it is only allowed on land designated Commercial Forest Lands. or Large Woodland or Small Woodland:

(a) On lands designated Small Woodland, one single-family dwelling on a legally created and existing parcel upon the parcel’s enrollment in the appropriate state’s forest assessment program. Upon a showing that a parcel cannot qualify, a parcel is entitled to one single-family dwelling. In either case, the location of a dwelling shall comply with 350-082-0270(5) and (6). A declaration shall be signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs, and assigns of the subject parcel are aware that adjacent and nearby operators are entitled to carry on accepted farm or forest practices on lands designated Commercial Forest Land, Large Woodland, Small Woodland, Large-Scale Agriculture, or Small-Scale Agriculture.

(b) One single-family dwelling on lands designated Small Woodland if shown to be in conjunction with and substantially contributing to the current agricultural use of a farm. The guidelines in 350-082-0240(3)(h) shall be used to determine whether a dwelling is a farm dwelling. The siting of the dwelling shall comply with 350-082-0270(5).

(c) Temporary onsite structures that are auxiliary to and used during the term of a particular forest operation. “Auxiliary” means a use or alteration of a structure or land that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located onsite, is temporary in nature, and is not designed to remain for the forest’s entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded.

(d) Temporary portable facility for the primary processing of forest products grown on a parcel of land or contiguous land in the same ownership where the facility is to be located. The facility shall be removed upon completion of the harvest operation.

(e) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(f) Structures associated with hunting and fishing operations.

(g) Towers and fire stations for forest fire protection.

(h) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to 350-082-0270(5) and 350-082-0380.

(i) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (j) or (k) below.

(j) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel less than or equal to ten acres in size are subject to compliance with 350-082-0270(5) and (6) and the following additional standards:

(B) The height of any individual accessory building shall not exceed 24 feet.

(k) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel larger than ten acres in size are subject to compliance with 350-082-0270(5) and (6) and the following additional standards:

(B) The footprint of any individual accessory building shall not exceed 1,500 square feet.

(l) On lands designated Commercial Forest or Large Woodland with a dwelling that was legally established and not discontinued, the temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to compliance with 350-082-0390 and 350-082-0270(5) and (6).

(m) On lands designed Small Woodland, the temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to the guidelines for hardship dwellings in compliance with 350-082-0390 and 350-082-0270(5) and (6).

(n) A second single-family dwelling on lands designated Small Woodland for a farm operator’s relative, subject to compliance with 350-082-0240(3)(k) and 350-082-0270(5) and (6).

(o) Private roads serving a residence on the subject parcel, subject to compliance with 350-082-0270(5) and (6).

(p) Recreation development, subject to compliance with the guidelines established for the recreation intensity classes in 350-082-0700.

(q) Agricultural labor housing, subject to compliance with all the following guidelines:

(A) The proposed housing is necessary and accessory to a current agricultural use on the subject farm.

(B) The housing shall be seasonal, unless it is shown that an additional full-time dwelling is necessary to the current agricultural use of the subject agricultural unit. Seasonal use shall not exceed nine months.

(C) The housing shall be located to minimize the conversion of lands capable of production of farm crops and livestock, and shall not force a significant change in or significantly increase the cost of accepted agricultural practices employed on nearby lands devoted to agricultural use.

(D) The housing is subject to compliance with 350-082-0270(5) and (6).

(r) On lands designated Commercial Forest Land, a temporary manufactured home, tiny house on a trailer, or similar structure, in conjunction with a timber operation, upon a finding that security personnel are required to protect equipment associated with a harvest operation or to protect the subject forest land from fire. The manufactured home, tiny house on a trailer, or similar structure must be removed upon completion of the subject harvest operation or the end of the fire season. The placement of the manufactured home, tiny house on a trailer, or similar structure is subject to compliance with 350-082-0270(5) and (6).

(s) New cultivation, subject to compliance with guidelines for the protection of cultural resources and natural resources in 350-082-0620 and 350-082-0640 through 350-082-0690.

(t) Agricultural structures, except buildings, in conjunction with agricultural use, including new cultivation, subject to compliance with 350-082-0270(5).

(u) On lands designated Small Woodland, a life estate, subject to compliance with the following guidelines:

(A) A landowner who sells or otherwise transfers real property on lands designated Small Woodland may retain a life estate in a dwelling and a tract of land surrounding the dwelling.

(B) The life estate tract shall not be considered a parcel as defined in this land use ordinance.

(C) A second dwelling unit on may be allowed, subject to compliance with the guidelines for the protection of scenic, cultural, natural, and recreation resources and upon findings that:

(i) The proposed dwelling is in conjunction with agricultural use, as determined by compliance with the guidelines in 350-082-0240(3)(h) or

(ii) The proposed dwelling complies with subsection (3)(a) above and

(D) Upon termination of the life estate, the original or second dwelling shall be removed.

(v) Land divisions, subject to compliance with 350-082-0560.

(w) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to compliance with 350-082-0570(1).

(x) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(y) Docks and boathouses, subject to compliance with 350-082-0410.

(z) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks, and fuel tanks.

(aa) Commercial events on lands designated Large Woodland or Small Woodland, subject to compliance with 350-082-0480.

(bb) Special uses in historic buildings, subject to compliance with 350-082-0530.

(4) Review Uses with Additional Approval Criteria

(a) The following uses may be allowed on lands designated Commercial Forest Land, Large Woodland, and Small Woodland, subject to compliance with 350-082-0600 through 350-082-0720, except where a use specifies that it is only allowed on land designated Commercial Forest Land, Large Woodland, or Small Woodland. The following uses shall also comply with the “Approval Criteria for Specified Review Uses” in subsection (b) below:

(A) Construction, reconstruction, or modification of roads, utility facilities, and railroads necessary for public service upon a showing that:

(i) there is no practicable alternative location with less adverse effect on agricultural and forest lands and on scenic, cultural, natural and recreation resources and;

(ii) the size is the minimum necessary to provide the service.

(B) Home occupations in an existing residence or accessory structure, subject to compliance with 350-082-0420.

(D) Wineries and cideries, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruits harvested on the subject farm and the local region.

(E) Wine or cider sales and tasting rooms, in conjunction with an on-site winery or cidery.

(F) Agricultural product processing and packaging, upon a showing that the processing will be limited to products grown primarily on the subject farm and sized to the subject operation.

(G) Exploration, development, and production of mineral and geothermal resources, subject to compliance with 350-082-0500.

(H) Aquaculture.

(I) Boarding of horses. The reviewing agency shall make findings on property characteristics, parcel size and impacts to neighbors, and shall specify the maximum number of horses based on those findings.

(J) Temporary portable asphalt or batch plants related to public road projects, not to exceed six months.

(K) Expansion of existing nonprofit group camps, retreats, or conference centers.

(L) Bed and breakfast inns in single-family dwellings, subject to 350-082-0440 and provided that the residence:

(i) Is included in the National Register of Historic Places, or

(ii) In Washington, is listed on the Washington Heritage Register maintained by the Washington Department of Archaeology and Historic Preservation, or

(iii) In Oregon, is identified and protected under local landmark status as approved pursuant to Oregon state land use regulations protecting historic structures.

(M) Nonprofit, environmental learning or research facilities.

(N) On parcels designated Small Woodland, small-scale fishing support and fish processing operations on parcels that are contiguous with and have direct access to the Columbia River, subject to compliance with 350-082-0450.

(O) Disposal sites managed and operated by the Oregon Department of Transportation, the Washington State Department of Transportation, or a National Scenic Area county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, subject to compliance with 350-082-0470.

(b) Approval Criteria for Specified Review Uses on Lands Designated Commercial Forest, Large Woodland, and Small Woodland.

(A) The owners of land that is designated Commercial Forest Land, Large Woodland, Small Woodland, Large-Scale Agriculture, or Small-Scale Agriculture and that lies within 500 feet of the perimeter of the subject parcel have been notified of the land use application and have been given at least ten days to comment prior to a final decision.

(B) The use will not seriously interfere with accepted forest or agricultural practices on nearby lands devoted to resource use.

(C) The use will be sited in a way that minimizes the loss of forest or agricultural land and minimizes the chance of interference with accepted forest or agricultural practices on nearby lands.

(D) The use will not significantly increase fire hazard, fire suppression costs, or risks to fire suppression personnel and complies with 350-082-0270(5).

(5) All uses, as specified, shall comply with the following Approval Criteria for Fire Protection in Forest Designations:

(a) All buildings shall be surrounded by a maintained defensible space of at least 50 feet. Hazardous fuels shall be removed within the defensible space. Irrigated or fire resistant vegetation may be planted within the defensible space. This could include green lawns and low shrubs (less than 24 inches in height). Trees should be spaced greater than 15 feet between the crowns and pruned to remove dead and low (less than eight feet) branches. Accumulated leaves, needles, and other dead vegetation should be removed from beneath trees. The Executive Director may consult with a fire professional to adjust defensible space to account for site slope. Defensible space may be adjusted to protect riparian vegetation and other resources, or as recommended by local fire districts, conservation districts, or other professional.

(b) Buildings with plumbed water systems shall install at least one standpipe a minimum of 50 feet from the structure(s).

(c) A pond, stream, tank or sump with storage of not less than 1,000 gallons, or a well or water system capable of delivering 20 gallons per minute shall be provided. If a well pump is located on-site, the electrical service shall be separate from the dwelling.

(d) Access drives shall be constructed to a minimum of 12 feet in width and not exceed a grade of 12 percent. Turnouts shall be provided at a minimum of every 500 feet and at the building site. Access drives shall be maintained to a level that is passable to fire equipment. Variances to road guidelines may be made only after consultation with the local rural fire district and the Washington Department of Natural Resources in Washington or the Oregon Department of Forestry in Oregon.

(e) Utility supply systems shall be underground whenever possible.

(f) Roofs of structures shall be constructed of fire-resistant materials such as metal, fiberglass, or asphalt shingle or tile. Roof materials such as cedar shake and shingle shall not be used.

(g) Any chimney or stovepipe on any structure for use with a woodstove or fireplace should be equipped with a spark arrestor that includes at least one screen no coarser than 1/8-inch mesh metal that is noncombustible and corrosion resistant.

(h) All structural projections such as balconies, decks and roof gables should be built with fire resistant materials equivalent to that specified in the International Building Code.

(i) Attic openings, soffit vents, foundation louvers or other ventilation openings on dwellings and accessory structures should be screened with no coarser than 1/8-inch mesh metal screen that is noncombustible and corrosion resistant.

(j) Within one year of the occupancy of a dwelling, the Executive Director shall conduct a review of the development to assure compliance with subsections (a) through (i).

(6) The approval of new dwellings and accessory structures on forest lands shall comply with the following guidelines:

(a) The dwelling and structures shall be sited on the parcel so that they will have the least impact on nearby or adjoining forest operations. Dwellings shall be set back at least 200 feet from adjacent properties. Clustering or locating proposed development closer to existing development on adjacent lands may minimize impacts on nearby or adjacent forest operations.

(b) The amount of forest land used to site dwellings, structures, access roads, and service corridors shall be minimized. This can include locating new dwellings and structures as close to existing public roads as possible, thereby minimizing the length of access roads and utility corridors; or locating the dwelling, access road, and service corridors on portions of the parcel that are least or poorly suited for forestry. Areas may not be suitable for forestry because of existing non-forest uses, adjacent dwellings, or land productivity.

(c) Dwellings shall be located to minimize the risks associated with wildfire. Dwellings shall be located on gentle slopes and in any case not on slopes that exceed 30 percent. Dwellings shall be set back from slopes. Narrow canyons and draws shall be avoided. Dwellings shall be located to minimize the difficulty of gaining access to the structure in the case of fire. Dwellings shall be located to make the access roads as short and flat as possible.

(d) The Executive Director may grant a variance to the siting guidelines contained in subsections (a) through (c) upon a demonstration that the guidelines in 350-082-0590 have been satisfied.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0280 Uses Allowed on Lands Designated SMA Forest

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated SMA Forest.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with 350-082-0220(2) on lands designated SMA Forest.

(3) Review Uses. The following uses may be allowed on lands designated SMA Forest subject to compliance with 350-082-0600 through 350-082-0720. The use or development shall be sited to minimize the loss of land suitable for the production of forest products:

(a) All review uses allowed for in 350-082-0260.

(b) New cultivation or new agricultural use outside of previously disturbed and regularly worked fields or areas. Clearing trees for new agricultural use is subject to the additional requirements of subsection (3)(w) below.

(d) Exploration, development, and production of sand, gravel, or crushed rock for the construction, maintenance, or reconstruction of roads used to manage or harvest commercial forest products in the SMAs.

(e) Silvicultural nurseries.

(f) Utility facilities for public service, upon a showing that:

(A) There is no alternative location with less adverse effect on Forest Land.; and

(B) The size is the minimum necessary to provide the service.

(g) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers), or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(h) Fish hatcheries and aquaculture facilities.

(i) Public recreation, commercial recreation, interpretive and educational development, and uses consistent with the provisions of 350-082-0710.

(j) One single family dwelling on a parcel of 40 contiguous acres or larger if an approved forest management plan demonstrates that such a dwelling is necessary for and accessory to forest uses. The forest management plan shall demonstrate all the following:

(A) The dwelling will contribute substantially to the growing, propagation, and harvesting of trees. The principal purpose for allowing a dwelling on forest lands is to enable the resident to conduct efficient and effective management. This requirement indicates a relationship between ongoing forest management and the need for a dwelling on the subject property.

(B) The subject parcel is enrolled in the appropriate state’s forest assessment program.

(C) A plan for management of the parcel has been approved by the Oregon Department of Forestry or the Washington Department of Natural Resources and the appropriate county. The plan must indicate the condition and productivity of lands to be managed; the operations the owner will carry out (thinning, harvest, planting, etc.); a chronological description of when the operations will occur; estimates of yield, labor, and expenses; and how the dwelling will contribute toward the successful management of the property.

(D) The parcel has no other dwellings that are vacant or currently occupied by persons not engaged in forest management of the subject parcel.

(E) The dwelling complies with county dwelling, siting, and state and county fire protection guidelines.

(F) A declaration is signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs, and assigns of the subject property are aware that adjacent and nearby operations are entitled to carry on accepted agricultural or forest practices.

(k) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection ( l ) or (m), below.

(l) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel less than or equal to ten acres in size are subject to the following additional standards:

(B) The height of any individual accessory building shall not exceed 24 feet.

(m) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel larger than ten acres in size are subject to the following additional standards:

(B) The footprint of any individual accessory building shall not exceed 1,500 square feet.

(n) Home occupations, subject to compliance with 350-082-0420.

(o) Temporary portable facilities for the processing of forest products.

(p) Towers and fire stations for forest fire protection.

(q) Community facilities and nonprofit facilities related to forest resource management; or expansion of existing nonprofit group camps, retreats, or conference or education centers, necessary for the successful operation of the facility on the dedicated site. Expansion beyond the dedicated site shall be prohibited.

(r) On a parcel of 40 acres or greater with an existing dwelling, the temporary use of a manufactured home or dwelling structure in the case of a family hardship, subject to compliance with 350-082-0390.

(s) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(t) Docks and boathouses, subject to compliance with 350-082-0410.

(u) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(v) Disposal sites managed and operated by the Oregon Department of Transportation, the Washington State Department of Transportation, or a National Scenic Area county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, subject to compliance with 350-082-0470.

(w) Clearing trees for new agricultural use with the following steps and subject to the following additional guidelines:

(A) A Stewardship Plan shall be submitted and deemed complete by the Executive Director and submitted to the Forest Service for review. 350-082-0280(3)(x)(C).

(B) Clearing trees for new agricultural use shall be limited to 15 acres.

(C) If the Stewardship Plan proves that the above guideline is detrimental to the proposed agricultural use, the final size of the clearing shall be determined by the application of subsection (D) below and subject to subsection (I) below.

(D) After a 30-day public comment period, the Forest Service shall review the Stewardship Plan using the following criteria:

(i) Scenic Resource guidelines in 350-082-0280(3)(x)(D)(i) and (iv).

(ii) Applicable guidelines of 350-082-0630, 350-082-0670 through 350-082-0690, and 350-082-0710 through 350-082-0720.

(iii) The Natural Resource Conservation Service (NRCS) soil unit description shall indicate that soils are suitable for the proposed agricultural use. The woodland management tables shall be used as part of the analysis of suitability for both agricultural and forest uses.

(iv) The size, shape and pattern on the landscape of the clearing for the new agricultural use shall blend with the surrounding landscape pattern either because the existing pattern includes agricultural openings or because the new agricultural opening is designed to appear natural.

(E) The Forest Service shall send the review statement to the Executive Director. The Forest Service shall state whether the new agricultural use should proceed including any conditions that are recommended to be required by the county.

(F) The Executive Director will accept an application for new agricultural use on forested lands after receipt of a positive review statement from the Forest Service.

(G) The forest practice portion of the new agricultural use shall not be approved by the state forestry department until a decision on the new agricultural use is issued by the Executive Director.

(H) The new agricultural use shall be operational within two years of the time frame described in the approved Stewardship Plan.

(I) New agricultural uses with an approved Stewardship Plan requiring more than 15 acres shall attain the final approved size sequentially. After the first 15 cleared acres is operational, each subsequent clearing shall not occur until the previous clearing is operational.

(x) Forest practices in accordance with an approved forest practices application and subject to the additional guidelines in 350-082-0280.

(A) The following information, in addition to general site plan requirements in 350-082-0080 shall be required:

(i) Delineate the following on a recent aerial photo or detailed map:

(I) The size, shape, and exact location of the proposed treatment area including any clumps of leave trees to remain. If more than one silvicultural prescription is to be used, code each on the photo;

(II) Other important natural features of the subject parcel such as steep areas, streams, wetlands, rock outcrops, etc.;

(III) Road and structure construction or reconstruction location;

(IV) Location of proposed rock or aggregate sources;

(V) Major skid trails, landings, and yarding corridors

(VI) Commercial firewood cutting areas.; and

(VII) Protection measures for scenic, cultural, natural, and recreation resources, such as road closures.

(ii) Describe the existing forest in terms of species, ages, sizes, landscape pattern (including how it fits into the surrounding landscape pattern) and canopy closure for all canopy layers.

(iii) Describe how the forest practice will fit into the existing landscape pattern and how it will meet scenic and natural resource standards in 350-082-0280(3)(x)(D) and (E).

(iv) Written silvicultural prescriptions with projected post-treatment forest condition specified in terms of species, ages, sizes, landscape pattern (including how it fits into the surrounding landscape pattern) and canopy closure for all canopy layers.

(v) Road and structure construction or reconstruction design.

(vi) Existing and proposed rock pit development plans.

(vii) A discussion of slash disposal methods.

(viii) A reforestation plan as reviewed by the appropriate state forest practices agency.

(B) As part of the application, flag, stake or mark buffers, any trees or downed wood to be retained or removed (whichever makes the most sense), and areas for placing fill or removing material in preparation for a field visit by the reviewer.

(C) Stewardship Plan Requirements: The following information, in addition to the applicable portions of the forest practice application requirements above and general site plan requirements in 350-082-0080 shall be provided:

(i) Outline the long term goals, proposed operations, and future sustainability of the subject parcel.

(ii) Describe the time frame and steps planned to reach the long term goals.

(iii) For Forest Practices, describe how the proposed activities fit into the long term goals and sustainability of the parcel or forest health. The following shall be addressed:

(I) Describe the range of natural conditions expected in the forest in terms of tree species, structure, and landscape pattern.

(II) Describe what the resulting tree species, structure, and landscape pattern will be after the proposed activities.

(III) Give a clear explanation of how a deviation from the applicable guidelines may better achieve forest health objectives.

(IV) Give a clear explanation of how and why the proposed activities will move the forest towards its range of natural variability and result in reaching sustainability, resiliency to disturbances.

(iv) For clearing trees for new agricultural use, the following shall be addressed in addition to 350-082-0280(3)(x)(C)(i) and (ii) above:

(I) Submit NRCS soil unit description and map for each soil unit affected by the proposed clearing or treatment.

(II) Based on the needs of the operation, give a clear explanation as to the exact size of the clearing needed and how it will meet the natural and scenic requirements in 350-082-0280(3)(x)(D)(i) through (iv).

(III) Describe in sufficient detail for evaluation the proposed agricultural use, the improvements needed on the parcel, timeline for its establishment, and its marketability.

(IV) Show evidence that an agricultural specialist, such as the county extension agent, has examined and found the proposed agricultural use reasonable and viable.

(D) For forest practices, the following scenic resource guidelines shall apply:

(i) Forest practices shall meet the design guidelines and the scenic standard for the applicable landscape setting and land use designation in 350-082-0610 Table 1 - Required SMA Scenic Standards.

(ii) In the western portion (to White Salmon River) of the SMA Coniferous Woodland Landscape Setting, no more than 8% of the composite KVA viewshed from which the forest practice is topographically visible shall be in created forest openings at one time. The viewshed boundaries shall be delineated by the Forest Service. The Forest Service will also help (as available) in calculating and delineating the percentage of the composite KVA viewshed which maybe created in forest openings at one time.

(iii) In the western portion (to the White Salmon River) of the SMA Gorge Walls, Canyons and Wildlands Landscape Setting, no more than 4% of the composite KVA viewshed from which the forest practice is topographically visible shall be in created forest openings at one time. The viewshed boundaries shall be delineated by the Forest Service. The Forest Service will also help (as available) in calculating and delineating the percentage of the composite KVA viewshed which maybe created in forest openings at one time.

(iv) For all other landscape settings, created forest openings visible at one time shall be within the desired range for the vegetation type as set forth in Natural Resources guidelines in 350-082-0280(3)(x)(E)(i) through (iii).

(v) Size, shape, and dispersal of created forest openings shall maintain the desired natural patterns in the landscape as set forth in Natural Resources guidelines in 350-082-0280(3)(x)(E)(i) through (iii).

(vi) The maximum size of any created forest opening is set forth by the “Desired” vegetation type in 350-082-0280 Table 1 – Desired Forest Structure and Pattern.

(I) If the treatment is proposed to go beyond the above guideline based on forest health or ecosystem function requirements, a Stewardship Plan shall be required.

(II) If the Stewardship Plan proves that the above guideline is detrimental to either forest health or ecosystem function, the size of the created forest opening shall be within the natural range for the vegetation type as listed in 350-082-0280 Table 1 – Desired Forest Structure and Pattern for each vegetation type, shall not mimic catastrophic fires, and shall maintain scenic standards.

(vii) Created forest openings shall not create a break or opening in the vegetation in the skyline as viewed from KVAs.

(E) Forest practices shall maintain the following in addition to applicable natural resources guidelines in 350-082-0670 through 350-082-0690

(i) Silvicultural prescriptions shall maintain the desired natural forest stand structures (tree species, spacing, layering, and mixture of sizes) based on forest health and ecosystem function requirements. Forest tree stand structure shall meet the requirements listed in 350-082-0280 Table 1 – Desired Forest Structure and Pattern for each vegetation type. Forest tree stand structure is defined as the general structure of the forest in each vegetation type within which is found forest openings.

(ii) Created forest openings shall be designed as mosaics not to exceed the limits defined as desired in 350-082-0280 Table 1 – Desired Forest Structure and Pattern unless proposed as a deviation as allowed under the scenic resource guideline in 350-082-0280(3)(x)(D)(vi).

(iii) Snag and down wood requirements shall be maintained or created as listed in 350-082-0280 Table 1 – Desired Forest Structure and Pattern for each vegetation type.

(iv) If the treatment is proposed to deviate from the snag and down wood requirements based on forest health or ecosystem function requirements, a Stewardship Plan shall demonstrate and prove why a deviation from the snag and down wood requirements is required.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0290 Uses Allowed on Lands Designated GMA Open Space

(1) Uses Allowed Outright. The uses listed in 350-082-0210(2) are allowed without review on lands designated GMA Open Space.

(2) Expedited Uses. The uses listed in 350-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated GMA Open Space.

(3) Review Uses on All Lands Designated GMA Open Space. The following uses may be allowed on all lands designated GMA-Open Space subject to compliance with 350-082-0600 through 350-082-0720:

(a) Low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)).

(b) Land divisions to facilitate efforts to protect and enhance scenic, cultural, natural, or recreation resources.

(c) Improvement, not including expansion, of existing structures, trails, roads, railroads, utility facilities, and hydroelectric facilities.

(d) Removal of timber, rocks or other materials for purposes of public safety and placement of structures for public safety.

(e) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation, and natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(f) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(g) Lot line adjustments, subject to compliance with 350-082-0570(1).

(4) Review Uses on Specific Lands Designated GMA Open Space

(a) The following uses may be allowed on lands designated GMA Open Space for Gorge Walls and Canyons subject to compliance with 350-082-0600 through 350-082-0720:

(A) Livestock grazing.

(B) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.

(C) Soil, water, or vegetation uses performed in accordance with a conservation plan approved by a county conservation district.

(D) Harvesting of wild crops.

(E) Educational or scientific research.

(F) Continued operation of existing quarries, if they are determined to be consistent with guidelines to protect scenic, cultural, natural, and recreation resources.

(G) All those uses allowed in section (3) above.

(b) The following uses may be allowed on lands designated GMA Open Space for the Mosley Lakes Natural Area subject to compliance with 350-082-0600 through 350-082-0720:

(A) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies, after consultation with the Washington Natural Heritage Program.

(B) Educational or scientific research, after consultation with the Washington Natural Heritage Program.

(D) All those uses allowed in section (3) above.

(c) The following uses may be allowed on lands designated GMA Open Space for the Chenoweth Table Natural Area subject to compliance with 350-082-0600 through 350-082-0720:

(A) Except in the upland dunes south of the railroad tracks, low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)), after consultation with the Oregon Biodiversity Information Center.

(B) Repair and maintenance of railroads, except measures to stabilize dunes, after consultation with the Oregon Biodiversity Information Center.

(d) The following uses may be allowed on lands designated GMA Open Space for the Squally Point Natural Area subject to compliance with 350-082-0600 through 350-082-0720:

(B) Repair and maintenance of railroads, except measures to stabilize dunes, after consultation with the Oregon Biodiversity Information Center.

(e) The following uses may be allowed on lands designated GMA Open Space for the Klickitat River Wildlife and Natural Area subject to compliance with 350-082-0600 through 350-082-0720:

(A) Low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)), after consultation with the Washington Natural Heritage Program and Washington Department of Wildlife.

(B) Wildlife management uses conducted by federal, state, or tribal resource agencies, after consultation with the Washington Natural Heritage Program.

(D) All those uses allowed in section (3) above.

(f) The following uses may be allowed on lands designated GMA Open Space for the Balch Lake Wetlands Area subject to compliance with 350-082-0600 through 350-082-0720:

(A) Livestock grazing, subject to a range conservation plan, after consultation with the Washington Department of Wildlife.

(B) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.

(D) Low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)), after consultation with the Washington Department of Wildlife.

(E) All those uses allowed in section (3) above.

(g) The following uses may be allowed on lands designated GMA Open Space for the Mouth of Wind River Wildlife Area subject to compliance with 350-082-0600 through 350-082-0720:

(A) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.

(B) Soil, water, or vegetation uses performed in accordance with a conservation plan approved by a local conservation district.

(D) Educational or scientific research, after consultation with the Washington Department of Wildlife or Fisheries.

(E) Commercial fishing and trapping.

(F) Low-intensity recreation, subject to the guidelines for Recreation Intensity Classes (350-082-0700(2)), after consultation with the Washington Department of Wildlife.

(G) All those uses allowed in section (3) above.

(h) The following uses may be allowed on lands designated GMA Open Space on those portions of state park ownerships not suitable for major recreation facilities subject to compliance with 350-082-0600 through 350-082-0720:

(A) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.

(B) Soil, water, or vegetation uses performed in accordance with a conservation plan approved by a local conservation district.

(D) Educational or scientific research.

(E) All those uses allowed in section (3) above.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0300 Uses Allowed on Lands Designated SMA Open Space

(1) Uses Allowed Outright. The uses listed in 350-082-0210(2) are allowed without review on lands designated SMA Open Space.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated SMA Open Space.

(3) Review Uses on All Lands Designated SMA Open Space.

(a) The following uses may be allowed on all lands designated SMA Open Space subject to compliance with 350-082-0600 through 350-082-0720 and completion of an SMA Open Space Plan pursuant to subsection (b) below:

(A) Changes in existing uses, including reconstruction, replacement, and expansion of existing structures and transportation facilities, except for commercial forest practices.

(B) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, subject to compliance with 350-082-0460. These projects may include vegetation management and forest practices (subject to the forest practice guidelines of 350-082-0280) for the restoration of forest health, new structures (e.g., fish ladders, sediment barriers), or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(C) Low-intensity recreation uses and development, including educational and interpretive facilities, consistent with 350-082-0710(2)(b).

(D) Utility facilities for public service, upon a showing that:

(i) There is no alternative location with less adverse effect on Open Space land.

(ii) The size is the minimum necessary to provide the service.

(E) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(F) Treatment of noxious weeds shall be permitted without completion of an SMA Open Space plan when the following criteria have been met:

(i) Noxious weed infestation is new and eradication is still viable.

(ii) Delayed or deferred treatment could have widespread or major adverse impacts to one or more of the following resources:

(I) Displacement of native and traditionally gathered plants;

(II) Degradation of wildlife habitat and forage;

(III) Degradation or loss of agricultural uses of land, such as cropland or livestock forage; or

(IV) Limitation of recreational uses.

(iii) For federal lands, treatment effects have been thoroughly evaluated in an environmental assessment.

(b) An Open Space plan shall be completed by the primary managing agency or landowner prior to any new land uses or development, and shall be reviewed by the Forest Service. The Open Space plan shall include the following:

(A) Direction for resource protection, enhancement, and management.

(B) Review of existing uses to determine compatibility with Open Space values.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0310 Uses Allowed on Lands Designated GMA Residential

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated GMA Residential.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated GMA Residential.

(3) Review Uses. The following uses may be allowed on lands designated GMA Residential, subject to compliance with 350-082-0600 through 350-082-0720:

(a) One single-family dwelling per legally created and existing parcel. If the subject parcel is located adjacent to lands designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland, the use shall comply with the buffer and notification requirements for agricultural land (350-082-0580(2) and 350-082-0240(3)(p)(E)) or forest land (350-082-0270(6)). If the subject parcel is located within a Residential designation that is adjacent to lands designated Commercial Forest Land or Large Woodland or Small Woodland, the placement of a dwelling shall also comply with the fire protection guidelines in 350-082-0270(5).

(b) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (3)(c) below.

(c) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel are subject to the following additional standards:

(B) The height of any individual accessory building shall not exceed 24 feet.

(d) The temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to compliance with 350-082-0390.

(e) New cultivation, subject to compliance with guidelines for the protection of cultural resources and natural resources (350-082-0620 and 350-082-0640 through 350-082-0690).

(f) Agricultural structures, in conjunction with agricultural use, including new cultivation.

(g) Land divisions, subject to compliance with 350-082-0560.

(h) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to compliance with 350-082-0570(1).

(i) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(j) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to compliance with 350-082-0380.

(k) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(l) Docks and boathouses, subject to compliance with 350-082-0410.

(m) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(n) Commercial events, subject to compliance with 350-082-0480.

(o) Special uses in historic buildings, subject to compliance with 350-082-0530.

(4) Review Uses with Additional Approval Criteria

(a) The following uses may be allowed on lands designated Residential, subject to compliance with the guidelines for protection of scenic, cultural, natural, and recreation resources and “Approval Criteria for Specified Review Uses,” in subsection (b) below

(A) Accredited childcare centers within lands designated 1-acre Residential or 2-acre Residential. A childcare center may be allowed in other Residential designations within an existing church or community building.

(B) Schools within an existing church or community building.

(C) Expansion of existing primary or middle schools on land purchased prior to June 8, 1999. For purposes of this guideline, existing schools means public schools that existed prior to adoption of the original Management Plan on October 15, 1991.

(D) Construction and reconstruction of roads, utility facilities, and railroads.

(E) Home occupations in an existing residence or accessory structure, subject to compliance with 350-082-0420.

(F) Fire stations.

(G) Recreation development, subject to compliance with 350-082-0700.

(H) Community parks and playgrounds.

(I) Bed and breakfast inns in single family dwellings located on lands designated 5-acre Residential or 10-acre Residential, subject to compliance with 350-082-0440.

(J) Overnight accommodations in single family dwellings located on lands designated 5-acre Residential or 10-acre Residential, subject to compliance with 350-082-0430.

(K) Wineries and cideries, in conjunction with an on-site vineyard or orchard, upon a showing that processing of wine or cider is from fruit harvested on the subject farm and the local region.

(L) Wine or cider sales and tasting rooms in conjunction with an on-site winery or cidery subject to compliance with all the following guidelines:

(i) The use shall comply with the guidelines in 350-082-0420, with the following exceptions:

(ii) The use may employ an unlimited number of outside employees.

(iii) The wine or cider sales and tasting room may include interior and exterior space, provided the combined interior and exterior spaces shall not exceed 1,000 square feet.

(iv) The interior space may be located in an existing building or in a new building or addition to an existing building constructed for the primary purpose of housing the wine or cider sales and tasting room.

(v) The exterior space may be a veranda, patio, or other similar type of structure.

(M) Small-scale fishing support and fish processing operations on parcels that are contiguous with and have direct access to the Columbia River, subject to compliance with 350-082-0450.

(N) Boarding of horses on lands designated 10-acre Residential. The reviewing agency shall make findings on property characteristics, parcel size and impacts to neighbors, and shall specify the maximum number of horses based on those findings.

(b) Approval Criteria for Specified Review Uses on Lands Designated GMA Residential

(A) The proposed use will be compatible with the surrounding area. Review of compatibility shall include impacts associated with the visual character of the area; traffic generation; and noise, dust, and odors.

(B) The proposed use will not require public services other than those existing or approved for the area.

(C) If the subject parcel is located within 500 feet of lands designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland, new buildings associated with the proposed use comply with the buffer guidelines in 350-082-0580(2).

(D) If the subject parcel is located within 500 feet of lands designated Commercial Forest Land, Large Woodland, or Small Woodland, new buildings associated with the proposed use comply with the fire protection guidelines in 350-082-0270(5).

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0320 Uses Allowed on Lands Designated SMA Residential

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated SMA Residential.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated SMA Residential.

(3) Review Uses. The following uses may be allowed on lands designated SMA Residential, subject to compliance with 350-082-0600 through 350-082-0720:

(a) One single-family dwelling per legally created lot or consolidated parcel not less than 40 contiguous acres. The placement of a dwelling shall comply with 350-082-0270(5) and (6).

(b) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (c) below.

(c) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel are subject to the following additional standards:

(B) The height of any individual accessory building shall not exceed 24 feet.

(d) New utility facilities.

(e) Fire stations.

(f) Home occupations subject to compliance with 350-082-0420.

(g) Bed and breakfast inns, subject to compliance with 350-082-0440.

(h) Community parks and playgrounds.

(i) Road and railroad construction and reconstruction.

(j) Forest practices, as specified in 350-082-0280.

(k) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(l) On a parcel of 40 acres or greater with an existing dwelling, the temporary use of a manufactured home or dwelling structure in the case of a family hardship, subject to compliance with 350-082-0390.

(m) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(n) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(o) Docks and boathouses, subject to compliance with 350-082-0410.

(p) New cultivation or new agricultural use outside of previously disturbed and regularly worked fields or areas. Clearing trees for new agricultural use is subject to the additional requirements in 350-082-0280(3)(w).

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0330 Uses Allowed on Lands Designated Rural Center

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated Rural Center.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated Rural Center.

(3) Review Uses. The following uses may be allowed within Rural Centers, subject to compliance with 350-082-0600 through 350-082-0720:

(a) One single-family dwelling per legally created and existing parcel.

(b) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (c) below.

(c) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel are subject to the following additional standards:

(B) The height of any individual accessory building shall not exceed 24 feet.

(d) The temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to compliance with 350-082-0390.

(e) Duplexes.

(f) Fire stations.

(g) Libraries.

(h) Government buildings.

(i) Community centers and meeting halls.

(j) Schools.

(k) Accredited childcare centers.

(l) Rural service commercial and tourist commercial uses limited to 5,000 square feet of floor area per building or use.

(A) Grocery stores.

(B) Variety and hardware stores.

(D) Personal services such as barber and beauty shops.

(E) Bed and breakfast inns, subject to compliance with 350-082-0440.

(F) Restaurants.

(G) Taverns and bars.

(H) Gas stations.

(I) Gift shops.

(m) Overnight accommodations subject to compliance with 350-082-0430.

(n) Home occupations in an existing residence or accessory structure, subject to compliance with 350-082-0420.

(o) Utility facilities, roads, and railroads.

(p) Recreation development, subject to the guidelines established for Recreation Intensity Classes in 350-082-0700.

(q) Places of worship.

(r) New cultivation, subject to compliance with guidelines for the protection of cultural resources and natural resources (350-082-0620 and 350-082-0640 through 350-082-0690).

(s) Agricultural structures, in conjunction with agricultural use, including new cultivation.

(t) Land divisions, subject to 350-082-0560 and the following:

(A) The minimum size for new parcels created for commercial uses within a Rural Center shall be based upon the site requirements (sewerage, parking, building size, etc.) for the proposed use. The Executive Director shall determine the parcel size on a case-by-case basis.

(B) The minimum size for new parcels created for residential uses within a Rural Center shall be one acre. To encourage the efficient use of land, provide public amenities and standards for quality developments, and reduce the cost of providing services within a Rural Center, the Executive Director may allow a minimum parcel size of less than one acre within a Rural Centers if a planned unit development approach is used for the subject parcel, incorporating features such as consolidated access and commonly shared open areas.

(u) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to compliance with 350-082-0570(1).

(v) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(w) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to compliance with 350-082-0380.

(x) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(y) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(z) Commercial events, subject to compliance with 350-082-0480.

(aa) Special uses in historic buildings, subject to compliance with 350-082-0530.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0340 Uses Allowed on Lands Designated Commercial

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated Commercial.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated Commercial.

(3) Review Uses with Additional Approval Criteria

(a) The following uses may be allowed on lands designated Commercial, subject to compliance with 350-082-0600 through 350-082-0720 and “Approval Criteria for Specified Review Uses,” in subsection (b) below.

(A) Overnight accommodations subject to compliance with 350-082-0430.

(B) Bed and Breakfast Inns, subject to compliance with 350-082-0440.

(D) Gift shops.

(E) Home occupations in an existing residence or accessory structure, subject to compliance with 350-082-0420.

(F) One single-family dwelling per legally created and existing parcel.

(G) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed as accessory buildings larger than 200 square feet in area or ten feet in height.

(H) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel, subject to the following standards:

(i) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

(ii) The height of any individual accessory building shall not exceed 24 feet.

(I) Utility facilities, roads, and railroads.

(J) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(K) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to compliance with 350-082-0570(1).

(L) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(M) Docks and boathouses, subject to compliance with 350-082-0410.

(N) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(O) Commercial events, subject to compliance with 350-082-0480.

(P) Special uses in historic buildings, subject to compliance with 350-082-0530.

(b) Approval Criteria for Specified Review Uses on Lands Designated Commercial

(A) The proposal is limited to 5,000 square feet of floor area per building or use.

(B) The proposed use would be compatible with the surrounding area. Review for compatibility shall include impacts associated with the visual character of the area; traffic generation; and noise, dust and odors.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0350 Uses Allowed on Lands Designated Public Recreation

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated Public Recreation.

(2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with the expedited development review guidelines in 350-082-0220(2) on lands designated Public Recreation.

(3) Review Uses with Limited Additional Approval Criteria. The following uses may be allowed on lands designated Public Recreation, subject to compliance with 350-082-0600 through 350-082-0720 and compliance with 350-082-0700(5), except for subsections 0700(5)((b) and (j):

(a) Publicly owned, resource-based recreation uses, consistent with 350-082-0700.

(b) Commercial uses and non-resource-based recreation uses that are part of an existing or approved resource-based public recreation use, consistent with the following: .

(A) Uses other than those providing public recreation opportunities may be allowed if they do not interfere with existing or approved recreation uses on the subject site or adjacent lands, and do not permanently commit the site to non-recreation uses.

(B) Commercial uses may be allowed if they are part of an existing or approved public recreation use and are consistent with the following:

(i) Private concessions and other commercial uses at public recreation sites may be allowed pursuant to adopted policies of the public agency owning or managing the site. If a different agency manages the site, that agency’s policies shall apply, unless superseded by provisions of the owning agency’s policies.

(ii) For commercial recreation sites and public recreation sites not owned or managed by a public park agency with adopted concession policies, the following policies shall apply:

(1) Retail sales at campgrounds shall be limited to camping supplies for overnight guests in dedicated space within the registration or central office building.

(2) Private concessions in permanent structures shall be limited to one structure per park site. Sales shall be limited to those items necessary for enjoyment and use of recreation opportunities at the site, including food and beverages and recreation equipment rental.

(3) Mobile vendors may be permitted, subject to local government approvals. Local government review shall address solid waste disposal, visual impacts of signs, traffic circulation, and safety. Such uses shall be limited to the term of the recreation season, and sales shall be limited to food and beverages and recreation equipment rental.

(c) New cultivation, subject to compliance with guidelines for the protection of cultural resources and natural resources (350-082-0620 and 350-082-0640 through 350-082-0690).

(d) Special uses in historic buildings, subject to compliance with 350-082-0530.

(4) Review Uses with Additional Approval Criteria.

(a) The following uses may be allowed on lands designated Public Recreation, subject to compliance with 350-082-0600 through 350-082-0720 and “Approval Criteria for Non-Recreation Uses in Public Recreation designations,” in subsection (b) below:

(A) One single-family dwelling for each existing parcel legally created prior to adoption of the first Management Plan on October 15, 1991. Exceptions may be considered only upon demonstration that more than one residence is necessary for management of a public park.

(B) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (C) below.

(C) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel are subject to the following additional standards:

(ii) The height of any individual accessory building shall not exceed 24 feet.

(D) Agricultural structures in conjunction with agricultural use.

(E) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to compliance with 350-082-0380.

(F) Utility transmission, transportation, communication, and public works facilities.

(G) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, subject to compliance with 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(H) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(I) Docks and boathouses, subject to compliance with 350-082-0410.

(J) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(K) Commercial events, subject to compliance with 350-082-0480.

(b) Approval Criteria for Specified Review Uses on Lands Designated Public Recreation:

(A) The proposed use will not interfere with existing or approved public recreation uses on the subject property or adjacent lands. Mitigative measures used to comply with this criterion may include provision of onsite buffers, seasonal or temporary closures during peak recreation use periods, etc.

(B) The proposed use will not permanently commit the majority of the site to a non-recreational use. Careful siting and design of structures and other improvements may be used to comply with this criterion.

(C) Land divisions may be allowed upon a demonstration that the proposed land division is necessary to facilitate, enhance, or otherwise improve recreational uses on the site.

(5) Land divisions may be allowed subject to compliance with 350-082-0560(3).

(6) Lot line adjustments may be allowed, subject to compliance with 350-082-0570(1).

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0360 Uses Allowed on Lands Designated Commercial Recreation

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated Commercial Recreation.

(3) Review Uses with Limited Additional Approval Criteria. The following uses may be allowed on lands designated Commercial Recreation, subject to compliance with 350-082-0600 through 350-082-0720 and compliance with 350-082-0700(5), except for subsections 0700(5)(b) and (j):

(a) Commercially owned, resource-based recreation uses, consistent with 350-082-0700.

(b) Overnight recreation accommodations that are part of a commercially owned, resource-based recreation use, where such resource-based recreation use occurs on the subject site or on adjacent lands that are accessed through the site, and that meet the following standards:

(A) Buildings containing only one unit shall be no larger than 1,500 square feet in total floor area and no higher than 2-1/2 stories.

(B) Buildings containing more than one unit shall be no larger than 5,000 square feet in total floor area and no higher than 2-1/2 stories.

(C) The total number of individual units shall not exceed 25, unless the proposed development complies with standards for clustered accommodations in subsection (D) below.

(D) Clustered overnight recreation accommodations meeting the following standards may include up to 35 individual units:

(i) Average total floor area of all units is 1,000 square feet or less per unit.

(ii) A minimum of 50 percent of the project site is dedicated to undeveloped, open areas (not including roads or parking areas).

(iii) The facility is in an area classified in the Management Plan as Recreation Intensity Class 4.

(c) Commercial uses, including restaurants sized to accommodate overnight visitors and their guests, and non-resource-based recreation uses that are part of an existing or approved resource-based commercial recreation use.

(d) New cultivation, subject to compliance with guidelines for the protection of cultural resources and natural resources (350-082-0620 and 350-082-0640 through 350-082-0690).

(e) Special uses in historic buildings, subject to compliance with 350-082-0530.

(4) Review Uses with Additional Approval Criteria.

(a) The following uses may be allowed on lands designated Commercial Recreation, subject to compliance with 350-082-0600 through 350-082-0720 and “Approval Criteria for Non-Recreational Uses in Commercial Recreation,” in subsection (b) below:

(A) One single-family dwelling for each existing parcel legally created prior to adoption of the first Management Plan on October 15, 1991.

(B) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (C) below.

(C) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel are subject to the following additional standards:

(ii) The height of any individual accessory building shall not exceed 24 feet.

(D) Agricultural structures, in conjunction with agricultural use.

(F) Utility transmission, transportation, and communication facilities.

(H) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(I) Docks and boathouses, subject to compliance with 350-082-0410.

(J) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(K) Commercial events, subject to compliance with 350-082-0480.

(b) Approval Criteria for Non-Recreation Uses in GMA-Commercial Recreation Designations.:

(A) The proposed use will not interfere with existing or approved commercial recreation uses on the subject property or adjacent lands. Mitigative measures used to comply with this criterion may include provision of onsite buffers, seasonal or temporary closures during peak recreation use periods, etc.

(B) The proposed use will not permanently commit the majority of the site to a non-recreational use. Careful siting and design of structure and other improvements may be used to comply with this criterion.

(C) Land divisions may be allowed upon a demonstration that the proposed land division is necessary to facilitate, enhance, or otherwise improve recreational uses on the site.

(5) Land divisions may be allowed subject to compliance with subsection (4)(b)(C) above and 350-082-0560(1)(c).

(6) Lot line adjustments may be allowed, subject to compliance with 350-082-0570(1).

(7) Recreation resorts may be allowed on lands designated Commercial Recreation that include an existing industrial complex, subject to compliance with 350-082-0600 through 350-082-0720 and 350-082-0490.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0370 Uses Allowed on Lands Designated SMA Public Recreation

(1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated SMA Public Recreation.

(3) Review Uses. The following uses may be allowed on lands designated SMA Public Recreation subject to compliance with 350-082-0600 through 350-082-0720:

(a) Forest uses and practices, as allowed for in 350-082-0280, except 350-082-0280(3)(i), (3)( l ), (3)(m), and (3)(v).

(b) Public trails, consistent with the provisions in 350-082-0710.

(d) Public nonprofit group camps, retreats, conference or educational centers, and interpretive facilities.

(e) One single-family dwelling on a parcel of 40 contiguous acres or larger when it meets the conditions described for single-family dwellings in 350-082-0260(3)(c) or 350-082-0280(3)(j) or when shown to be necessary for public recreation site management purposes.

(f) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (g) below.

(g) Accessory building(s) larger than 200 square feet in area or taller than ten feet in height for a dwelling on any legal parcel are subject to the following additional standards:

(B) The height of any individual accessory building shall not exceed 24 feet.

(h) Home occupations, as specified in 350-082-0420.

(i) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, subject to the guidelines in 350-082-0460. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

(j) Road and railroad construction and reconstruction.

(k) Utility facilities for public service upon a showing that:

(A) There is no alternative location with less adverse effect on Public Recreation land.

(B) The size is the minimum necessary to provide the service.

(l) Agricultural review uses, as allowed for in 350-082-0260, except 350-082-0260(3)(h), (3)(i), (3)(t), and 3(aa).

(m) On a parcel of 40 acres or greater with an existing dwelling, the temporary use of a manufactured home, tiny house on a trailer, or similar structure in the case of a family hardship, subject to the guidelines for hardship dwellings in 350-082-0390.

(n) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.

(o) Removal or demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.

(p) Docks and boathouses, subject to the guidelines in 350-082-0410.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0380 Agricultural Buildings

(1) Agricultural buildings may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) and (3) below.

(2) The size of proposed agricultural buildings shall not exceed the size needed to serve the current agricultural use and, if applicable, the proposed agricultural use.

(3) To satisfy 350-082-0240(3), applicants shall submit the following information with their land use application:

(a) A description of the size and characteristics of current agricultural use;

(b) An agricultural plan for any proposed agricultural use that specifies agricultural use (e.g., crops, livestock, products), agricultural areas and acreages (e.g., fields, pastures, enclosures), agricultural structures (e.g., irrigation systems, wind machines, storage bins) and schedules (e.g., plowing, planting, grazing); and

(c) A floor plan showing intended uses of the agricultural building (e.g., space for equipment, supplies, agricultural products, livestock).

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0390 Temporary Use Hardship Dwellings

(1) Hardship dwellings may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) through (5) below.

(2) A permit for the temporary placement of a manufactured home, a tiny home on a trailer, or other similar structure may be granted upon a demonstration of compliance with the following guidelines:

(a) A family hardship exists where conditions relate to the necessary care for a family member where medical conditions relate to the infirm or aged.

(b) The hardship dwelling will use the same subsurface sewage disposal system used by the existing dwelling, if the system is adequate to accommodate the additional dwelling, unless the additional dwelling can use an existing public sanitary sewer system.

(c) The hardship dwelling is found to be consistent with the guidelines for protection of scenic, cultural, natural, and recreation resources.

(d) The structure does not require a permanent foundation.

(3) A permit may be issued for a two-year period, subject to annual review for compliance with the provisions of 350-082-0390 and any other conditions of approval.

(4) Upon expiration of the permit or cessation of the hardship, whichever comes first, the hardship dwelling shall be removed within 30 days.

(5) A new or renewed permit may be granted upon a finding that a family hardship continues to exist. The Executive Director may renew an existing permit that has not expired for an additional two years. A new permit is necessary if the hardship permit has expired.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0400 Sewer and Water Services

(1) Water and sewer services are a type of utility facility. Where utility facilities are authorized in specified land use designations, water and sewer services may be permitted consistent with the guidelines in sections (2) and (3) below.

(2) Sewer lines may be extended from an urban area into a rural area to serve:

(a) Areas with a documented health hazard; or

(b) Recreation uses open to the public, only upon a demonstration by the Executive Director that there is no practicable alternative to providing service to the area. In such cases, the lines shall be engineered and sized solely to serve the defined area or use. Such lines shall not be relied upon as the sole justification for revision to an urban area boundary.

(3) New uses authorized in this land use ordinance may hook up to existing sewer and water lines in rural areas.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0410 Docks and Boathouses

(1) Docks and boathouses may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) through (5) below.

(2) New, private docks and boathouses serving only one family and one property may be allowed, up to 120 square feet in size.

(3) New, private docks and boathouses serving more than one family and property may be allowed, up to 200 square feet in size.

(4) Public docks open and available for public use may be allowed.

(5) Boathouses may be allowed under sections (2) and (3) above only when accessory to a dwelling and associated with a navigable river or lake.

(6) Docks and boathouses may be allowed when the land use designation of the appurtenant land authorizes docks.

(7) Floating uses and uses anchored to the bottom of the Columbia River and its tributaries, including, but not limited to, floating cafes and mooring buoys, are not allowed.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0420 Home Occupations

(1) Home occupations may be allowed where authorized in specified land use designations and consistent with the following guidelines:

(a) May employ the residents of the home and up to three outside employees.

(b) No more than 25 percent of the total actual living space of the dwelling may be used for the home occupation.

(d) There shall be no outside, visible evidence of the home occupation, including outside storage.

(e) Exterior structural alterations to the residence for the home occupation shall not be permitted. New structures shall not be constructed for the primary purpose of housing a home occupation.

(f) No retail sales may occur on the premises.

(g) One non-animated, non-illuminated sign, not exceeding two square feet in area, may be permitted on the subject structure or within the yard containing the home occupation.

(h) Parking not associated with residential use shall be screened so it is not visible from key viewing areas.

(2) In the GMA, a bed and breakfast lodging establishment that is two bedrooms or less is considered a home occupation and shall meet the guidelines of 350-082-0420 and 350-082-0440.

(3) In the SMAs, a bed and breakfast lodging establishment that is two bedrooms or less is considered a home occupation and shall meet the guidelines of 350-082-0420 and 350-082-0440, except 350-082-0440(1)(d).

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0430 Overnight Accommodations

(1) Overnight accommodations may be allowed where authorized in specified land use designations and consistent with the following guidelines and in section (2) below:

(a) The owner of the subject parcel may rent the dwelling for up to 90 room nights per year.

(b) Parking areas shall be screened so they are not visible from key viewing areas.

(d) The dwelling must be the principal residence of the owner.

(e) Commercial events are not permitted at overnight accommodations.

(f) The overnight accommodation may employ up to three employees other than the residents of the dwelling.

(2) Approvals for overnight accommodations shall be valid for no more than two years. Landowners must reapply or renew an approval for the use, and demonstrate past compliance with conditions of approval through financial and other records. The Executive Director may renew an existing permit for an additional two years if that permit has not expired. A new permit is necessary if the overnight accommodation permit has expired. An existing permit shall not be renewed and a new permit shall not be approved if there have been past violations related to the overnight accommodations permit, including failure to file a new application while still operating overnight accommodations.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0440 Bed and Breakfast Inns

(1) Bed and breakfast inns may be allowed where authorized in specified land use designations and consistent with the following guidelines and in section (2) below.:

(a) Guests may not occupy a facility for more than 14 consecutive days.

(b) One non-animated, non-illuminated sign, not exceeding four square feet in area, may be permitted on the structure or within the yard containing the structure.

(d) In the SMAs, bed and breakfast inns associated with residential use shall be allowed only in structures that are included in, or eligible for inclusion in, the National Register of Historic Places.

(2) See 350-082-0420(2) and (3) for Bed and Breakfast Inns that are two bedrooms or less.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0450 Small-Scale Fishing Support and Fish Processing Operations

(1) Small-scale fishing support and fish processing operations in conjunction with a family-based commercial fishing business may be allowed where authorized in specified land use designations and consistent with sections (2) through (15) below):

(2) The operation shall comply with 350-082-0130(1). In addition, if the operation will be located on land designated Small Woodland, then it shall also comply with 350-082-0270(5) and (6).

(3) The following fishing support activities may be allowed: maintenance, repair, and storage of boats, nets, fish totes and other commercial fishing equipment that is used in the family-based commercial fishing business; and garaging of fish hauling trucks, trailers and all other related equipment that is used in the family-based commercial fishing business.

(4) The following fish processing activities may be allowed: cleaning, gutting, heading, and icing or freezing of fish that is caught by the family-based commercial fishing business. Other fish processing activities shall not be allowed, including, but not limited to, canning, smoking, salting or brining for wholesale or retail sale.

(5) The operation shall be located on a lawful parcel that is contiguous with and has direct access to the Columbia River.

(6) The subject parcel shall include a lawful dwelling, and the permanent resident of the dwelling shall participate in the fishing support and fish processing operation.

(7) The operation may only employ residents of the dwelling and up to three outside employees.

(8) No more than 25 percent of the total actual living space of the dwelling may be used for the fishing support and fish processing operation.

(9) The operation may take place in an existing or new lawful accessory building or an existing agricultural building on the subject parcel. A new building constructed for the purpose of housing a fishing support and fish processing operation shall be considered an accessory building. An existing agricultural building shall not be expanded, and a new agricultural building shall not be constructed for the purpose of housing a fishing support and fish processing operation.

(10) An accessory building used in the fishing support and fish processing operation may be allowed up to 2,500 square feet.

(11) Docks may be allowed as follows:

(a) One dock serving a parcel with an approved fishing support and fish processing operation may be allowed up to 500 square feet in size.

(b) For multiple contiguous parcels each with an approved fishing support and fish processing operation, the area of the docks authorized in in subsection (A) above may be combined into one dock, provided the total size of the dock shall not exceed 2,000 square feet.

(12) There shall be no outside visible evidence of the fishing support and fish processing operation, including storage, other than boats and docks.

(13) No retail sales may occur on the parcel.

(14) The operation shall only support and shall only be used to process fish caught by residents of the dwelling and up to three outside employees.

(15) Before beginning the operation, applicants shall demonstrate that they have obtained and complied with federal, state and local water quality and wastewater permits.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0460 Resource Enhancement Projects

(1) Resource enhancement projects may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) through (6) below.

(2) Applications for resource enhancement projects must describe the goals and benefits of the proposed enhancement project. They must also thoroughly document the condition of the resource before and after the proposed enhancement project. Applicants shall seek technical assistance from federal, state or county technical experts for assistance in designing voluntary wetland, stream, habitat, plant, and scenic enhancement projects.

(3) In addition to compliance with 350-0872-0600 through 350-082-0720, quarry enhancement projects shall comply with the following guidelines:

(a) Application Requirements. In addition to other applicable requirements, land use applications for quarry enhancement projects shall include perspective drawings of the site as visible from key viewing areas as specified in 350-082-0500(6)(f) and a reclamation plan that provides at a minimum the following information:

(A) A map of the site, at a scale of one inch equals 200 feet (1:2,400) or a scale providing greater detail, with 10-foot contour intervals or less, showing pre-reclamation existing grades and post-reclamation final grades; locations of topsoil stockpiles for eventual reclamation use; location of catch basins or similar drainage and erosion control features employed for the duration of the use; and the location of storage, processing, and equipment areas employed for the duration of the use.

(B) Cross-sectional drawings of the site showing pre-reclamation and post- reclamation grades.

(C) Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.

(D) Description of drainage and erosion control features to be employed for the duration of the use.

(E) A landscaping plan providing for revegetation consistent with the vegetation patterns of the subject landscape setting, indicating the species, number, size, and location of plantings for the final reclaimed grade, as well as a description of irrigation provisions or other measures necessary to ensure the survival of plantings.

(b) Scenic Resource Standard. Quarry enhancement projects shall restore the site to a natural appearance that blends with and emulates surrounding landforms to the maximum extent practicable.

(c) Natural Resource Standard. Sites shall be replanted using native plants found in the landscape setting or ecoregion to the maximum extent practicable.

(d) Time Frames. The following time frames shall apply to quarry enhancement projects:

(A) All grading (e.g., excavating, filling and re-contouring) shall be completed within one year of the date an applicant begins on-the-ground work.

(B) All landscaping shall be planted within one year of the date an applicant completes the grading.

(C) An applicant may request one one-year extension to the one-year grading time frame if a project is unexpectedly delayed by adverse weather or emergency/disaster. Such requests shall be considered an administrative action. An applicant shall submit such a request to the reviewing agency after grading has commenced and before the one-year grading time frame has expired.

(D) An applicant may also request one six-month extension to the one-year landscaping time frame if a project is unexpectedly delayed by adverse weather or emergency/disaster. Such requests shall be considered an administrative action. An applicant shall submit such a request to the reviewing agency after landscaping has commenced and before the one-year landscaping time frame has expired.

(4) Enhancement of wetlands not associated with any other project proposal may be allowed, if such efforts are conducted pursuant to a written plan consistent with 350-082-0640(7).

(5) Enhancement of streams, ponds, lakes, and riparian areas not associated with any other development proposal may be allowed, if such efforts are conducted pursuant to a written plan consistent with 350-082-0640(8).

(6) In the SMAs, enhancement of water resources not associated with any other project proposal may be allowed, if such efforts comply with the water resources provisions in the Management Plan. Enhancement efforts shall be conducted pursuant to a written plan, consistent with 350-082-0670(2).

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0470 Disposal Sites for Spoil Materials from Public Road Maintenance Activities

(1) Disposal sites for spoil materials from public road maintenance activities may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) through (4) below.

(2) Application Requirements. In addition to other applicable requirements, land use applications for disposal sites shall include the same information that applicants are required to submit for expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources in the GMA, including, but not limited to:

(a) A reclamation plan that provides at a minimum the following information:

(B) Cross-sectional drawings of the site showing pre- reclamation and post- reclamation grades;

(C) Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.;

(D) Description of drainage and erosion control features to be employed for the duration of the use; and

(b) Perspective drawings of the site as visible from key viewing areas as specified in 350-082-0500(6)(f).

(c) Cultural resource reconnaissance and historic surveys consistent with 350-082-0620(2)(c) and 350-082-0620(2)(d). Disposal sites shall be considered a “large-scale use.”

(d) Field surveys to identify sensitive wildlife sites and rare plants consistent with 350-082-0650(2) and 350-082-0660(2).

(3) Siting Standard. The proposed disposal site shall only be approved if the applicant demonstrates it is not practicable to locate the disposal site outside the National Scenic Area or inside an urban area. At a minimum, the applicant shall submit a feasibility and suitability analysis that compares the proposed disposal site to existing or potential disposal sites located both outside the National Scenic Area and inside an urban area.

(4) Scenic Resource Standards. Disposal sites shall comply with the same scenic resources protection standards as expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources in the GMA, including, but not limited to:

(a) Sites more than four miles from the nearest key viewing area shall be visually subordinate as visible from any key viewing area, according to 350-082-0500(1). An interim period to achieve compliance with this requirement shall be established before approval. The period shall be based on site-specific topographic and visual conditions, but shall not exceed three years beyond the start of on-the-ground activities.

(b) Sites less than four miles from the nearest key viewing area shall be fully screened from any key viewing area, according to 350-082-0500(2). An interim period to achieve compliance with this requirement shall be established before approval. The period shall be based on site-specific topographic and visual conditions, but shall not exceed one year beyond the start of on-the-ground activities. Disposal activity occurring before achieving compliance with full screening requirements shall be limited to activities necessary to provide such screening (creation of berms, etc.).

(c) Reclamation plans shall restore the site to a natural appearance that blends with and emulates natural landforms and vegetation patterns characteristic to the landscape setting to the maximum extent practicable.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0480 Commercial Events

(1) Commercial events may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) and (3) below.

(2) Commercial events include weddings, receptions, parties and other small-scale gatherings that are incidental and subordinate to the primary use on a parcel.

(3) Commercial events may be allowed in the GMA except on lands designated Open Space, Commercial Forest, or Agriculture-Special, subject to compliance with 350-082-0600 through 350-082-0720 and all the following guidelines:

(a) The use must be in conjunction with an on-site wine or cider sales and tasting room, bed and breakfast inn, or commercial use. If the use is proposed on a property with a building on or eligible for the National Register of Historic Places, it shall be subject to 350-082-0530 and not 350-082-0480.

(b) The owner of the subject parcel shall live on the parcel and shall operate and manage the use.

(d) The use shall comply with the following parking requirements:

(A) A single commercial event shall include no more than 50 vehicles for guests.

(B) All parking shall occur on the subject parcel.

(D) Parking areas may be developed using paving blocks, gravel, or other pervious surfaces; asphalt, concrete and other imperious materials shall be prohibited.

(E) All parking areas shall be fully screened from key viewing areas.

(e) The owner of the subject parcel may conduct 18 single events up to one day in length per year.

(f) The owner of the subject parcel shall notify the reviewing agency and all owners of land within 500 feet of the perimeter of the subject parcel of each planned event. The notice shall be in writing and shall be mailed at least seven calendar days before an event.

(g) Tents, canopies, portable restrooms and other similar temporary structures necessary for a commercial event may be allowed, provided all such structures are erected or placed on the subject parcel no more than two days before the event and removed no more than two days after the event. Alternatively, temporary structures may remain in place for up to 90 days if they are fully screened from key viewing areas.

(h) The use may be allowed upon demonstration of compliance with all the following guidelines to protect any nearby agricultural and forest operations:

(A) The use would not force a change in or increase the cost of accepted agricultural practices on surrounding lands.

(B) The use would be set back from any abutting parcel designated Large-Scale Agriculture or Small-Scale Agriculture, as required in 350-082-0580(2), or designated Commercial Forest Land, Large Woodland, or Small Woodland, as required in 350-082-0270(6)(a).

(C) A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs and assigns of the subject parcel are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland.

(D) All owners of land in areas designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland that is within 500 feet of the perimeter of the subject parcel on which the use is proposed to be located have been notified and given at least ten days to comment prior to a decision.

(i) The Executive Director may impose additional requirements to address potential impacts to surrounding neighbors. For example, they may limit noise, lighting and operating hours.

(j) Approvals for commercial events shall not be valid for more than two years. Landowners must reapply for the use after an approval expires.

(k) A yearly report shall be submitted to the reviewing agency by January 31st reporting on the events held the previous year. This report shall include the number of events held, how many people were in attendance, and copies of catering contracts or other vendors used to verify.

(l) Permits shall not be renewed if there have been past violations, including failure to file.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0490 Recreation Resorts

(1) Recreation Resorts may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) through (5) below.

(2) Uses Allowed: All commercial development (except for privately owned, public use resource-based recreation uses) and accommodations within a recreation resort shall be located within the resort core. Recreation facilities associated with the recreation resort shall be included on the resort master plan and may extend to contiguous and adjacent lands under other land use designations only if consistent with the land use designation and the Recreation Intensity Class guidelines in 350-082-0700.

(a) Accommodations that are part of a recreation resort shall meet the following standards:

(A) The total number of accommodation units and campground sites shall not exceed that approved by the resort master plan.

(B) The average size of accommodation units shall not exceed 1,300 square feet. Individual accommodation units shall be no larger than 1,600 square feet in total floor area.

(D) Parking shall be predominantly in common lots or structures and accessed through shared driveways. Individual accommodation units shall not have separate or attached garages.

(E) All accommodation units shall have design and use restrictions that effectively limit their use to short-term occupancy and that require occupancy to be limited to no more than 45 days in any 90-day period.

(b) Commercial uses that are part of a recreation resort shall meet the following standards:

(A) Commercial uses shall be located predominantly within and oriented internally toward the center of the resort core or to serve adjacent recreation areas, rather than at or toward the resort perimeter.

(B) Commercial uses are limited to restaurants and pubs, a mini-mart, recreation equipment rental, and other small-scale retail and guest services. Conference and meeting facilities may be permitted.

(C) Gas stations, banks, grocery stores, or other services commonly found in urban areas or catering to the traveling public shall not be permitted.

(D) Commercial uses shall be sized and oriented to primarily serve resort guests and recreation-site users rather than the traveling public.

(c) Notwithstanding 350-082-0600(1)(b), new recreation resort buildings located within the resort core may be compatible with the general scale (height, dimensions and overall mass) of industrial buildings that existed within the existing industrial complex.

(A) The cumulative footprint of all recreation resort buildings located within the resort core shall not exceed that of buildings located within the existing industrial complex at the time of application.

(B) Buildings shall not exceed 2-1/2 stories in height.

(d) Land divisions for the purpose of selling individual accommodation units shall not be permitted within the resort core.

(3) An application for a recreation resort shall include the following materials in addition to those required for large-scale review uses in 350-082-0600 through 350-082-0720:

(a) A master plan including the contents listed in subsection (4)(a) below. The master plan shall include all areas where recreational, commercial, and resort uses are proposed and where mitigation and enhancement measures are planned or necessary.

(b) A traffic impact study meeting the applicable local or state department of transportation standards that projects future conditions for each phase and after the project is completed.

(A) Assessment of effects on public services and emergency response needs; and

(B) Assessment of net economic effect on surrounding communities and counties that takes into account public services costs, job creation, effect on tax base, and commercial activity in nearby urban areas.

(d) An engineering assessment of impact on community water facilities and surface water quality due to projected water use and treatment methods at resort build-out.

(e) Assessment of effects on existing recreation resources at and adjacent to the resort that evaluates:

(A) Types of recreation resources and levels of current use;

(B) Existing site conditions and recreation site capacity, including parking, safety, river access, and on-river conditions;

(C) Projected additional use and effect on existing recreation areas due to recreation resort development, by phase and at full build-out;

(D) Potential effect on the quality of the recreation experience at adjacent recreation sites; including effects due to potential changes in parking, traffic, public health and safety due to recreation resort development; and

(E) Identification of potential mitigation and enhancement actions that would improve the quality of the experience for current and projected levels of use.

(f) Assessment of effect on surrounding areas. Review of impacts at a minimum shall include the visual character of the area, traffic generation, emergency response, fire risk and lighting.

(g) A delineation of the boundary of the existing industrial complex, and an inventory of existing development within the complex, including the dimensions and locations of all buildings.

(4) All development within the recreation resort shall be based on a master plan. Master plans shall be sufficiently detailed to enable the reviewing agency to confirm the guidelines of this section will be met through the development.

(a) The resort master plan shall include all the following:

(A) Land use plan: This shall designate uses for all areas within the development. This shall also include a delineation of the resort core.

(B) Building design plan: This shall describe the location, materials, colors, and dimensions of all structures proposed.

(C) Landscape plan: This shall identify all areas where existing vegetation is to be removed and retained, and describe proposed landscape plantings, species and size of plants used, as well as irrigation and landscape maintenance plans.

(D) Traffic circulation plan: This shall describe all roadway and parking locations, widths, and surfacing materials.

(E) Roadway improvement plan: This shall describe all on-site and off- site improvements necessary to mitigate traffic impacts and enhance driver and pedestrian safety in the vicinity of the resort.

(F) Grading and drainage plan: This shall indicate existing and proposed contours throughout the redevelopment area. Stormwater drainage routes and facilities shall also be indicated on this plan.

(G) Infrastructure development plan: This shall describe the location, size, basic design, funding mechanisms, and operational plans for water, sewer, power, and emergency services.

(H) Construction phasing plan: This shall indicate intended phasing of development of the project, if any, including anticipated initiation and completion dates for each component of the development. This shall also discuss how the project will function at interim stages prior to completion of all phases, and how the resort may operate successfully and meet its resource protection and enhancement commitments should development cease before all phases are completed.

(I) Resource protection and enhancement plan: This shall describe and indicate proposed measures that will be implemented to protect and enhance scenic, natural, cultural and recreation resources, including measures necessary to mitigate impacts identified through assessments required by this section.

(b) The Executive Director shall develop procedures for master plan and phase approval, time extension, and revision consistent with the following:

(A) Construction of all phases of the master plan shall be completed within 12 years from the date of approval. The Executive Director may grant one extension of time, not to exceed three years, to the validity of the master plan if they determine that events beyond the control of the applicant prevented completion of all phases of the master plan.

(B) The initial phase of the master plan shall be commenced within three years of master plan approval by the Executive Director. The Executive Director may approve one extension of time, not to exceed two years, to initiate the initial phase if they determine that events beyond the control of the applicant prevented commencement of the phase.

(C) The Executive Director shall review each phase of the master plan for consistency with the master plan prior to any construction on that phase. The review for consistency shall be an administrative decision. Each phase of the master plan shall be completed within three years from the date the Executive Director determines that phase is consistent with the master plan. The Executive Director may grant one extension of time, not to exceed two years, if they determine that events beyond the control of the applicant prevented completion of that phase.

(D) The Executive Director may approve slight changes in accordance with 350-082-0180 to the findings, conclusions, and conditions of approval for master plans and phases if the change is deemed to be consistent with the guidelines of 350-082-0490 and does not generate new significant potential impacts not previously addressed in the original review. Approval or denial of a request for a slight change or extension shall be an administrative decision.

(5) Development Standards: The applicant shall demonstrate, and the Executive Director shall make findings that determine the following standards are met through development under the approved master plan for the recreation resort:

(a) Master Plan:

(A) Removal: The first phase of recreation resort development shall result in the elimination of industrial uses and removal of all portions of the industrial complex that are not planned for use as part of the resort. Existing residential uses may remain.

(B) Infrastructure: The recreation resort shall provide its own sewer, water and internal circulation system, including roads. The development shall accommodate mass transportation to access the site and adjacent recreation areas.

(C) On-site and off-site infrastructure impacts shall be fully considered and mitigated. Mitigation may include assessment of impact fees, provision of community facilities within or adjacent to the resort. The reviewing agency may require that some or all reasonable and negotiated costs, expenses or charges associated with the alteration, construction or improvement of public services and facilities shall be the responsibility of the applicant.

(D) Phasing: Each phase shall be self-sufficient, in conjunction with existing elements of the resort. Transportation, parking, utilities, landscaping, as well as recreation mitigation and enhancements for each phase shall be satisfied within each phase and shall not be dependent upon a future phase.

(i) Each phase of the development shall be designed to be completed within two years of the commencement of construction for that phase.

(ii) Off-site recreation mitigation and enhancement shall be included in the first phase and completed prior to occupancy of resort buildings and initiation of a second phase.

(iii) On-site recreation mitigation and enhancement shall be developed in proportion to the type and amount of development in each phase.

(E) Landscaping necessary to screen development from key viewing areas shall be sized to provide sufficient screening to make development of each phase visually subordinate within five years or less from the commencement of construction of that phase, except for landscaping necessary to screen development from the section of SR 14 passing through the resort core. Such landscaping may be sized to provide sufficient screening to make development visually subordinate within ten years from the commencement of construction of each phase. Landscaping for each phase shall be installed as soon as possible and prior to phase completion.

(F) Bonding sufficient to ensure remediation and clean-up of the site and completion of resource enhancements identified in the master plan is required.

(b) Potentially adverse impacts of a recreation resort on surrounding areas shall be mitigated.

(A) Traffic, safety, and circulation impacts shall be mitigated in conformity with reviewing agency requirements. For each phase of the proposed development, the developer shall make road and intersection improvements to maintain traffic levels of service existing prior to each phase. The developer shall ensure that in no event may it cause the public road system to operate below a level-of-service (LOS) C for intersection delay during the peak traffic hour. LOS C standards shall be determined based on the most recently adopted version of the Highway Capacity Manual (Transportation Research Board).

(B) The Executive Director may apply additional restrictions on noise, odor, lighting and water treatment in order to mitigate identified impacts.

(c) Recreation resources on the subject property shall be protected and enhanced by the development of the recreation resort. Recreation resources on adjacent lands and nearby areas shall be protected.

(A) Potentially adverse impacts to adjacent recreation sites due to the development shall be mitigated.

(B) Recreation enhancements shall include, but are not limited to, measures that address existing site conditions and provide new or expanded facilities that are open to the public.

(i) Improvements to recreation user areas;

(ii) New or improved access to recreation sites;

(iii) Parking improvements and other potential methods to reduce parking demand at adjacent recreation sites by resort guests, such as shuttles or parking restrictions;

(iv) Cooperative agreements with the management of adjacent recreation sites to jointly address potential adverse impacts;

(v) Establishment of mitigation funds to be applied to improvements at public recreation sites; and

(vi) Development of secondary activities, such as spectator seating, development of recreational trials, interpretation sites and trails.

(d) Scenic resources shall be protected and enhanced by the development of the recreation resort. All new development, including additions or re-use of existing structures for resort use shall be visually subordinate as visible from key viewing areas. Enhancements may include, but are not limited to: removal of visually discordant structures and building materials not associated with the existing industrial complex, grading and vegetative restoration of previously disturbed areas and permanent protection of undeveloped lands in the master plan area or adjoining lands in the same ownership.

(e) Cultural resources shall be protected and enhanced by development of the recreation resort. Cultural resource reconnaissance survey procedures and standards for large-scale uses are applicable to recreation resort development. Enhancements may include, but are not limited to, interpretive displays, restoration or adaptive re-use of historical structures.

(f) Natural resources shall be protected and enhanced by the development of the recreation resort. Enhancements may include, but are not limited to, habitat improvements, permanent protection of undeveloped lands, water- quality improvements.

(g) Development of the recreation resort shall not affect or modify the treaty or other rights of the four Columbia River treaty tribes. This requires determination that the policies for “River Access and Consistency with Tribal Treaty Rights” in Part I, Chapter 4: Recreation Resources in the Management Plan and the guidelines in 350-082-0130 have been met by the application and development plan.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0500 Expansion of Existing Quarries and Exploration, Development, and Production of Mineral Resources

(1) Expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) through (7) below.

(2) Expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources proposed on sites more than four miles from the nearest key viewing areas from which it is visible may be allowed upon a demonstration that:

(a) The site plan requirements have been met.

(b) The area to be mined and the area to be used for primary processing, equipment storage, stockpiling, etc., associated with the use would be visually subordinate as visible from any key viewing areas.

(c) A reclamation plan to restore the site to a natural appearance that blends with and emulates distinctive characteristics of the designated landscape setting to the maximum extent practicable has been approved. At minimum, the reclamation plan shall comply with sections (6) and (7) below.

(d) A written report on a determination of visual subordinance has been completed, with findings addressing the extent of visibility of proposed mining activities from key viewing areas, including:

(A) A list of key viewing areas from which exposed mining surfaces (and associated facilities and activities) would be visible;

(B) An estimate of the surface area of exposed mining surfaces that would be visible from those key viewing areas;

(C) The distance from those key viewing areas and the linear distance along those key viewing areas from which proposed mining surfaces are visible;

(D) The slope and aspect of mining surfaces relative to those portions of key viewing areas from which they are visible;

(E) The degree to which potentially visible mining surfaces are screened from key viewing areas by existing vegetation, including winter screening considerations; and

(F) The degree to which potentially visible mining surfaces would be screened by new plantings, berms, etc., and appropriate time frames to achieve such results, including winter screening considerations.

(3) Unless addressed by section (2) above, exploration, development (extraction and excavation), and production of mineral resources may be allowed upon a demonstration that:

(a) The site plan requirements have been met.

(b) The area to be mined and the area used for primary processing, equipment storage, stockpiling, etc., associated with the use would be fully screened from any key viewing area.

(c) A reclamation plan to restore the area to a natural appearance that blends with and emulates surrounding landforms to the maximum extent practicable has been approved. At minimum, the reclamation plan shall comply with sections (6) and (7) below.

(4) An interim time period to achieve compliance with visual subordinance requirements for expansion of existing quarries and development of new quarries located more than four miles from the nearest key viewing area from which it is visible shall be established before approval. The interim time period shall be based on site-specific topographic and visual conditions, but shall not exceed three years beyond the date of approval.

(5) An interim time period to achieve compliance with full screening requirements for new quarries located less than four miles from the nearest key viewing area from which it is visible shall be established before approval. The interim time period shall be based on site-specific topographic and visual conditions, but shall not exceed one year beyond the date of approval. Quarrying activity occurring before achieving compliance with full screening requirements shall be limited to activities necessary to provide such screening (creation of berms, etc.).

(6) For all exploration, development (extraction and excavation), production of mineral resources and expansion of existing quarries, a reclamation plan is required to restore the site to a natural appearance that blends with and emulates distinctive characteristics inherent to its landscape setting to the maximum extent practicable. At a minimum, such reclamation plans shall include:

(a) A map of the site, at a scale of one inch equals 200 feet (1:2,400) or a scale providing greater detail, with 10-foot contour intervals or less, showing pre- mining existing grades and post-mining final grades; locations of topsoil stockpiles for eventual reclamation use; location of catch basins or similar drainage and erosion control features employed for the duration of the use; and the location of storage, processing, and equipment areas employed for the duration of the use;

(b) Cross-sectional drawings of the site showing pre-mining and post-mining grades;

(c) Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.;

(d) Description of drainage and erosion control features to be employed for the duration of the use;

(e) A landscaping plan providing for revegetation consistent with the vegetation patterns of the subject landscape setting, indicating the species, number, size, and location of plantings for the final reclaimed grade, as well as a description of irrigation provisions or other measures necessary to ensure the survival of plantings; and

(f) If the site is visible from key viewing areas, the applicant shall also submit perspective drawings of the proposed mining areas as visible from applicable key viewing areas.

(7) All reclamation plans for new quarries or expansion of existing quarries shall be sent to the appropriate state reclamation permitting agency for review and comment. The reviewing agency may request technical assistance from state agencies on reclamation plans for proposed mining not within the state agency’s jurisdiction. The state agency shall have 30 calendar days from the date a reclamation plan is mailed to submit written comments on the proposal. State agency comments shall address the following:

(a) Whether the proposed mining is subject to state reclamation permit requirements;

(b) If subject to state jurisdiction, whether an application has been received for a state reclamation permit and, if so, the current status of the application; and

(c) For uses subject to state jurisdiction, any issues or concerns regarding consistency with state reclamation requirements, or any suggested modifications to comply with state reclamation requirements.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0510 Columbia River Bridge Replacement

(1) Visual Quality

(a) A replacement Columbia River Bridge between the Hood River and Bingen/White Salmon Urban Areas shall be visually unobtrusive and harmonious with the surrounding Gorge landscape and the Columbia River.

(b) A replacement bridge is exempt from 350-082-0600, but shall comply with the following visual quality standards:

(A) Utilize recessive dark natural or earth-tone colors for steel components of the bridge, a thin and open structural design that allows views through it to the extent practicable, and consistent design character and ornamental elements; and

(B) Employ lighting that provides a safe and pleasant atmosphere for bicycles and pedestrians while not casting glare directly into the sky or onto the river.

(2) Historic Design Elements

(a) A replacement Columbia River Bridge between the Hood River and Bingen/White Salmon Urban Areas shall incorporate elements that reflect historic design features of National Scenic Area roadways and bridges. The historic themes should be an integral component of the design of the bridge structure, incorporated from “shore to shore.”

(b) A replacement bridge should include:

(A) Arches and other traditional structural forms in the bridge;

(B) Historic style benches, lighting, other pedestrian furnishings, and signs and graphic materials consistent with the USFS Graphic Signing System for the National Scenic Area; and

(3) Recreation and Pedestrian and Bicycle Access

(a) A replacement Columbia River Bridge between the Hood River and Bingen/White Salmon Urban Areas shall encourage and promote pedestrian and bicycle use, for recreational enjoyment and to enhance multi-modal transportation connections between the Urban Areas it connects.

(b) The bridge shall include facilities for pedestrians and bicyclists that:

(A) Are permanent;

(B) Are wide enough to safely accommodate and encourage walking, bicycling, and other uses;

(D) Provide multiple sitting and viewing areas with significant upstream and downstream views; and

(E) Are safe to approach from both the north and south ends of the bridge and provide strong multi-modal connections, both east-west and to the nearby urban areas.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0520 Signs

(1) Signs may be allowed where authorized in specified land use designations and consistent with the guidelines in section (2) or (3) below.

(2) GMA Sign Provisions

(a) Except for signs allowed without review pursuant to 350-082-0210, all new signs must meet the following guidelines unless these guidelines conflict with the Manual on Uniform Traffic Control Devices (2012, or most recent version) for public safety, traffic control or highway construction signs. In such cases, the standards in the Manual on Uniform Traffic Control Devices (2012, or most recent version) shall supersede these guidelines.

(A) The support structure shall be unobtrusive and have low visual impact.

(B) Lettering colors with sufficient contrast to provide clear message communication shall be allowed. Signs shall be colored to blend with their setting to the maximum extent practicable.

(D) Spotlighting of signs may be allowed where needed for night visibility. Backlighting is not permitted for signs.

(E) Except for signs along public highways necessary for public safety, traffic control, or road construction and consistent with the Manual on Uniform Traffic Control Devices (2012, or most recent version), the following signs are prohibited:

(i) Luminous signs or those with intermittent or flashing lights. These include neon signs, fluorescent signs, light displays, and other signs that are internally illuminated, exclusive of seasonal holiday light displays.

(ii) New billboards.

(iii) Signs with moving elements.

(iv) Portable or wheeled signs, or signs on parked vehicles where the sign is the primary use of the vehicle.

(F) In addition to subsections (A) through (E) above, signs shall meet the below guidelines according to Recreation Intensity Class (and subject to compliance with 350-082-0700(5) and 350-082-0720):

(i) Recreation Intensity Class 1 (Very Low Intensity) - Simple interpretive signs or displays, not to exceed a total of 50 square feet. Entry name signs, not to exceed ten square feet per sign.

(ii) Recreation Intensity Class 2 (Low Intensity) - Simple interpretive signs and displays, not to exceed a total of 100 square feet. Entry name signs, not to exceed 20 square feet per sign.

(iii) Recreation Intensity Class 3 (Moderate Intensity) - Interpretive signs, displays or facilities. Visitor information and environmental education signs, displays, or facilities. Entry name signs, not to exceed 32 square feet per sign.

(iv) Recreation Intensity Class 4 (High Intensity) - Entry name signs, not to exceed 40 square feet per sign.

(G) For recreation facility design projects, signs shall be limited to that necessary to provide relevant recreation or facility information, interpretive information, vehicular and pedestrian direction, and for safety purposes.

(b) Any sign that does not conform with a provision of these guidelines and has existed before their adoption is subject to the following provisions:

(A) Alteration of existing nonconforming signs shall comply with these guidelines.

(B) Any nonconforming sign used by a business must be brought into conformance concurrent with any expansion or change in use that requires a development permit.

(3) SMA Sign Provisions

(a) New signs may be allowed as specified in the applicable land use designation.

(b) No sign shall be erected or placed in such a manner that it may interfere with, be confused with, or obstruct the view of any traffic sign, signal, or device.

(d) Except for signs allowed without review pursuant to 350-082-0210, all new signs shall meet the following guidelines and be consistent with the Manual on Uniform Traffic Control Devices (2012, or most recent version):

(A) Signs shall be maintained in a neat, clean, and attractive condition.

(B) The character and composition of sign materials shall be harmonious with the landscape and related to and compatible with the main structure upon which the sign is attached.

(D) Signs shall be unobtrusive and have low contrast with the setting.

(E) The visual impact of the support structure shall be minimized.

(F) Outdoor sign lighting shall be used for purposes of illumination only, and shall not be designed for, or used as, an advertising display, except for road safety signs.

(G) The backs of all signs shall be visually unobtrusive, non-reflective, and blend in with the setting.

(H) Internal illumination or backlighting of signs shall not be permitted except for highway construction, warning, or safety.

(e) Public signs shall meet the following standards in addition to subsections (a) through (d) above:

(A) The Graphic Signing System provides design standards for public signs in and adjacent to public road rights-of-way. All new and replacement public signs, except those transportation regulatory, guide, and warning signs allowed outright shall conform to the guidelines in this system. Types of signs addressed include recreation site entry, interpretive, specific service signs, destination and distance signs, variable message signs, or signs that bridge or are cantilevered over the road surface.

(B) Signs located outside public road rights-of-way are encouraged to be designed in a way that is consistent with similar-purpose signs described in the Graphic Signing System.

(f) Signs located outside public road rights-of-way are encouraged to be designed in a way that is consistent with similar-purpose signs described in the Graphic Signing System. Signs posted by governmental jurisdictions giving notice to the public shall be no larger than that required to convey the intended message.

(g) Signs for public and commercial recreation facilities, home occupations, and commercial uses shall meet the following guidelines in addition to subsections (a) through (d) above and subsection (h) below:

(A) Any sign advertising or relating to a business that is discontinued for a period of 30 consecutive days shall be presumed to be abandoned and shall be removed within 30 days thereafter, unless permitted otherwise by the jurisdictional authority.

(B) Any signs relating to or advertising for a business shall be brought into conformance with these sign guidelines before any expansion or change in use that is subject to review by the Executive Director.

(C) Offsite and onsite directional signs on approach roads to recreational facilities may be permitted. Name and interpretive signs may be permitted onsite, but should be kept to the minimum required to achieve the purpose(s) of the facilities.

(D) Commercial recreation businesses approved in conjunction with a recreational facility may have a name sign not exceeding 16 square feet.

(E) Recreation developments may have one on-premise name sign at each principal entrance. Such signs are encouraged to be of a low profile, monument type, and shall conform to the Graphic Signing System.

(h) The following signs are prohibited:

(A) Advertising billboards.

(B) Signs that move or give the appearance of moving, except signs used for highway construction, warning, or safety.

(C) Portable or wheeled signs, or signs on parked vehicles where the sign is the primary use of the vehicle, except for signs used for highway construction, warning, or safety.

(i) Sign clutter and other negative visual effects from excessive signs along all roads and highways, and at parking lots and recreation facilities, shall be reduced.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0530 Special Uses in Historic Buildings

(1) Special uses in historic buildings may be allowed where authorized in specified land use designations and consistent with the following guidelines and in section (2) below.

(a) Properties in all GMA land use designations except Open Space and Agriculture-Special with buildings included on the National Register of Historic Places shall be permitted to be open for public viewing, interpretive displays, and an associated gift shop that is no larger than 100 square feet and incidental and subordinate to the primary use of the property, subject to compliance with the applicable guidelines to protect scenic, cultural, natural and recreation resources and subsections (2)(a)(C)(i) and (ii), (2)(a)(D) through (F), and (2)(b) through (d) below. Voluntary donations or fees to support maintenance, preservation and enhancement of the cultural resource may be accepted by the landowner.

(b) Properties in all GMA land use designations except Open Space and Agriculture-Special with buildings included on the National Register of Historic Places, and which were former restaurants or inns shall be permitted to re-establish these former uses, subject to compliance with the applicable guidelines to protect scenic, cultural, natural and recreation resources and subsections (2)(a)(C)(i) and (ii), (2)(a)(D) through (F), and (2)(b) through (d) below. The capacity of restaurant use and overnight accommodations shall be limited to that existing in the former use, and the former use shall be contained within the limits of the building as of January 1, 2006. Banquets, private parties and other special events that take place entirely within an approved restaurant facility shall be considered a restaurant use allowed under 350-082-0530.

(c) Properties in all GMA land use designations except Open Space and Agriculture-Special with buildings included on the National Register of Historic Places shall be permitted to hold commercial events, subject to compliance with the applicable guidelines to protect scenic, cultural, natural and recreation resources and subsections (2)(a)(C) through (F), and 0530(2)(b) through (d) below.

(d) The following additional review uses may be allowed in all GMA land use designations except Open Space and Agriculture-Special on a property with a building either on or eligible for the National Register for Historic Places and that was 50 years old or older as of January 1, 2006, subject to compliance with the applicable guidelines to protect scenic, cultural, natural and recreation resources and 350-082-0530(2):

(A) Establishments selling food or beverages, limited to historic buildings that originally had kitchen facilities. The seating capacity of such establishments shall be limited to the building, as the building existed as of January 1, 2006, including any decks, terraces or patios also existing as of that date. Banquets, private parties and other special events that take place entirely within approved establishments selling food or beverages shall be considered a part of the approved use.

(B) Overnight accommodations. The room capacity of such accommodations shall be limited to the total number of existing rooms in the historic building as of January 1, 2006.

(C) Commercial events in the building or on the subject property, incidental and subordinate to the primary use of the property

(D) Wineries upon a showing that processing of wine is from grapes grown on the subject parcel or the local region, within a historic building, as the building existed as of January 1, 2006.

(E) Sales/tasting rooms in conjunction with an on-site winery, within a historic building, as the building existed as of January 1, 2006.

(F) Conference or retreat facilities within a historic building, as the building existed as of January 1, 2006.

(G) Artist studios and galleries within a historic building, as the building existed as of January 1, 2006.

(H) Gift shops within a historic building, as the building existed as of January 1, 2006 that are:

(i) incidental and subordinate to another approved use included in 350-082-0530(1)(d); and

(ii) no larger than 100 square feet in area.

(I) Interpretive displays, picnic areas or other recreational day use activities on the subject property.

(J) Parking areas on the subject property to support any of the above uses.

(e) For the purposes of the guidelines in 350-082-0530, the term “historic buildings” refers to buildings either on or eligible for the National Register of Historic Places. Eligibility for the National Register shall be determined pursuant to subsections (2)(a)(A) and (B) below.

(f) Uses listed in 350-082-0530(1)(c) and 350-082-0530(1)(d)(C) above are not subject to the “Commercial Events” provisions in 350-082-0480. Commercial events at historic properties will be regulated by 350-082-0530. Applications for commercial events shall include all information in the “Operational Plan for Commercial Events” as specified in 350-082-0530(2)(a)(C)(iv). The following apply to commercial events at historic properties:

(A) Commercial events include weddings, receptions, parties and other gatherings that are incidental and subordinate to the primary use on a parcel.

(B) The owner of the subject property shall notify the reviewing agency and all owners of land within 500 feet of the perimeter of the subject property of each event. The notice shall be in writing and shall be mailed at least seven calendar days before an event.

(g) Uses listed in 350-082-0530(1)(a) and 350-082-0530(1)(d)(I) above are not subject to the parking limits and associated “Facility Design Guidelines” in the Recreation Intensity Classes.

(h) Approvals for special uses in historic buildings shall be subject to review by the Executive Director every five years from the date the original approval was issued. As part of this review, the applicant shall submit documentation to the Executive Director on the progress made in implementing the “Protection and Enhancement Plan” required in subsection (2)(a)(C) below. The Executive Director shall submit a copy of the applicant’s documentation to the State Historic Preservation Officer (SHPO). The SHPO shall have 30 calendar days from the date this information is mailed to submit written comments to the Executive Director. If the Executive Director’s determination contradicts comments from the SHPO, they shall justify how they reached an opposing conclusion. The Executive Director shall revoke the approval if the owner has failed to implement the actions described in the “Protection and Enhancement Plan” according to the schedule for completing such actions in this plan. The Executive Director may, however, allow such a use to continue for up to one additional year from the date the Executive Director determines the applicant has failed to implement the actions if the applicant submits a written statement describing unforeseen circumstances that prevented the applicants from completing the specified actions according to the approved schedule, what progress the applicants have made towards completing such actions, and a proposed revised schedule for completing such actions.

(2) Additional Resource Protection Guidelines for Special Uses in Historic Buildings. The following guidelines apply to proposed uses listed under “Special Uses for Historic Buildings” in addition to all other relevant guidelines for protection of scenic, cultural, natural and recreation resources:

(a) Cultural Resources

(A) All applications for uses listed in subsection (1)(d) above shall include a historic survey and evaluation of eligibility for the National Register of Historic Places, to be prepared by a qualified professional hired by the applicant. The evaluation of eligibility shall not be required for buildings previously determined to be eligible. For such properties, documentation of a prior eligibility determination shall be included in the application. The historic survey shall meet the requirements specified in 350-082-0620(2)(d). The evaluation of eligibility shall follow the process and include all information specified in the National Register Bulletin “How to Apply the National Register Criteria for Evaluation” (National Park Service, National Register Bulletin #15).

(B) Eligibility determinations shall be made by the Executive Director, based on input from the State Historic Preservation Officer (SHPO). The Executive Director shall submit a copy of any historic survey and evaluation of eligibility to the SHPO. The SHPO shall have 30 calendar days from the date this information is mailed to submit written comments on the eligibility of the property to the Executive Director. If the Executive Director’s determination contradicts comments from the SHPO, they shall justify how they reached an opposing conclusion.

(C) Applications for Special Uses for Historic Buildings shall include a “Protection and Enhancement Plan” which shall include the following:

(i) A description of how the proposed use will significantly contribute to the protection and enhancement of the historic resource, including specific actions that will be taken towards restoration, protection and enhancement, and adequate maintenance of the historic resource, and a proposed schedule for completion of such actions.

(ii) A statement addressing consistency of the proposed use with the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties and the Secretary of the Interior’s Standards for Preservation of Historic Properties.

(iii) Detailed architectural drawings and building plans that clearly illustrate all proposed exterior alterations to the building associated with the proposed use. Any exterior additions to the building or outdoor components of the proposed use (e.g., parking areas, site for temporary structures, interpretive displays) shall be shown on the site plan.

(iv) Any proposal for commercial events at a historic property shall include an Operation Plan for Commercial Events, to be incorporated into the “Protection and Enhancement Plan.” The Operational Plan shall include sufficient information to demonstrate how the commercial events will remain incidental and subordinate to the primary use of the property, and shall, at minimum, address:

(I) Number of events to be held annually.

(II) Maximum size of events, including number of guests and vehicles at proposed parking area.

(III) Provision for temporary structures, including location and type of structures anticipated.

(IV) How the proposed commercial events will contribute to protection and enhancement of the historic resource.

(D) The Executive Director shall submit a copy of the “Protection and Enhancement Plan” to the State Historic Preservation Officer (SHPO). The SHPO shall have 30 calendar days from the date this information is mailed to submit written comments to the Executive Director. The SHPO’s comments shall address consistency of the proposed use with the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties and the Secretary of the Interior’s Standards for Preservation of Historic Properties, and the effect of the proposed use on the historic resource.

(E) Any alterations to the building or surrounding area associated with the proposed use have been determined by the Executive Director to be consistent with the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties and the Secretary of the Interior’s Standards for Preservation of Historic Properties. If the Executive Director’s final decision contradicts the comments submitted by the State Historic Preservation Officer, they shall justify how they reached an opposing conclusion.

(F) The proposed use has been determined by the Executive Director to have no effect or no adverse effect on the historic character of the property, including features of the property contributing to its historic significance. If the Executive Director’s final decision contradicts the comments submitted by the State Historic Preservation Officer, they shall justify how they reached an opposing conclusion.

(b) Scenic Resources

(A) New parking areas associated with the proposed use shall be located on the subject property as it existed as of January 1, 2006. Such parking areas may be developed using paving blocks, gravel, or other pervious surfaces; asphalt, concrete and other impervious materials shall be prohibited.

(B) New parking areas associated with the proposed use shall be visually subordinate from Key Viewing Areas, and shall to the maximum extent practicable, use existing topography and existing vegetation to achieve visual subordinance. New screening vegetation may be used if existing topography and vegetation are insufficient to help make the parking area visually subordinate from Key Viewing Areas, if such vegetation would not adversely affect the historic character of the building’s setting.

(C) Temporary structures associated with a commercial event (e.g., tents, canopies, portable restrooms) shall be placed on the subject property no sooner than two days before the event and removed within two days after the event. Alternatively, temporary structures may remain in place for up to 90 days after the event if the Executive Director determines that they will be visually subordinate from Key Viewing Areas.

(c) Recreation Resources. The proposed use shall not detract from the use and enjoyment of existing recreation resources on nearby lands.

(d) Agricultural and Forest Lands

(A) The proposed use is compatible with and will not interfere with accepted forest or agricultural practices on nearby lands devoted to such uses.

(B) The proposed use will be sited to minimize the loss of land suitable for production of crops, livestock or forest products.

(C) A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs and assigns of the subject property are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands designated Large-Scale Agriculture, Small-Scale Agriculture, Agriculture-Special, Commercial Forest Land, Large Woodland, or Small Woodland.

(D) All owners of land in areas designated Large-Scale Agriculture, Small-Scale Agriculture, Agriculture-Special, Commercial Forest Land, Large Woodland, or Small Woodland that are within 500 feet of the perimeter of the subject property on which the use is proposed to be located have been notified and given at least ten days to comment prior to a decision on an application for a Special Use for a Historic Building.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0540 Renewable Energy Production in the GMA

(1) Renewable energy production may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) through (5) below.

(2) Except as specified in section (3) below, production of electrical power, including, but not limited to wind and solar production, for commercial purposes is considered an industrial use and is prohibited.

(3) Solar and wind power generation that is accessory to a primary structure or allowed use in the GMA is not considered an industrial use and may be permitted provided that the capacity for power generation is limited to the expected annual electrical power need of the structure or use. The generating equipment may serve only the parcel on which it is located, or an adjacent parcel in the same ownership and used in conjunction with the subject parcel. Sale of power back to the electrical grid is permitted, provided that it is an occasional event, not ongoing over the course of the year.

(4) Equipment attached to an existing structure is an addition to the structure on which it is located.

(5) Free-standing equipment is a new accessory structure.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0550 Consolidation of Lots

(1) A unit of land shall be consolidated with adjacent units of land in the same ownership if:

(a) In Oregon, the subdivision within which the unit of land is located is undeveloped pursuant to ORS Chapter 92; or

(b) In Washington, if the unit of land is smaller than the current minimum parcel size and is located within a final plat that is older than five years from the date of filing.

(2) No portion of a consolidated subdivision or plat shall be considered a separate parcel solely because an existing parcel overlays, and possibly fragments, that consolidated subdivision or plat.

(3) Section (1) shall not be applied to consolidate two or more units of land where each unit of land is developed with a dwelling that qualifies as an existing use. One or more undeveloped units of land shall be consolidated with one or more developed units of land.

(4) To carry out 350-082-0550, counties shall develop their own procedures for consolidating units of land, including amending plats, vacating plats, replatting, or other similar action.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0560 Land Divisions

(1) New land divisions in the SMAs are not allowed, unless the creation of a new parcel will facilitate land acquisition by the federal government to achieve the policies and guidelines in the Management Plan.

(2) Creation of a parcel, regardless of size, or any division of land shall be subject to the guidelines in this land use ordinance.

(3) At the time of creation of one or more new parcels, consolidation of access shall be considered in order to reduce adverse effects on scenic, cultural, natural and recreation resources.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0570 Lot Line Adjustments

(1) The following guidelines shall apply to lot line adjustments in the GMA.

(a) Lot line adjustments for parcels in all land use designations except Agriculture-Special, Open Space, Commercial, Public Recreation, or Commercial Recreation shall comply with the following standards:

(A) The lot line adjustment shall not result in the creation of any new parcel(s).

(B) The lot line adjustment shall not result in the potential to create a new parcel(s) or residential development in excess of the maximum density allowed by the land use designation(s) for the affected parcels.

(C) The lot line adjustment shall not allow a parcel that is equal to or larger than the minimum parcel size before the lot line adjustment to become less than the minimum parcel size after the lot line adjustment, except to allow a public or non-profit entity to acquire land for the purpose of protecting and enhancing scenic, cultural, recreation or natural resources, provided the land to be acquired would be protected by a conservation easement or other similar property restriction that precludes future land divisions and development.

(D) The lot line adjustment shall not allow a parcel that is smaller than the minimum parcel size to be reduced in size, except to accomplish one of the following purposes:

(i) Resolve boundary disputes, correct physical encroachments, provide reasonable access, or meet buffer or set back requirements, provided that the parcel to be enlarged would not become eligible for a subsequent land division, the amount of land transferred would be the minimum necessary to resolve the issue, and the transfer would not cause a development or land use that currently meets a required setback or buffer to become out of compliance with that required setback or buffer, or cause a development or land use that currently does not meet a required setback or buffer to become out of compliance with that required setback or buffer to a greater extent.

(ii) Allow a public or non-profit entity to acquire land for the purpose of protecting and enhancing scenic, cultural, recreation or natural resources, provided the land to be acquired would be protected by a conservation easement or other similar property restriction that precludes future land divisions and development.

(E) The lot line adjustment shall not allow the boundary of a parcel designated Large-Scale Agriculture, Agriculture-Special, Commercial Forest Land, Large Woodland or Open Space to be extended into another land use designation for the purpose of establishing a dwelling under less stringent guidelines (e.g., extending a parcel designated GMA Large-Scale Agriculture into a parcel designated Rural Center or Residential).

(F) The lot line adjustment shall not allow previously approved parcels or development to violate conditions of approval or become out of compliance or further out of compliance with existing land use and resource protection guidelines, including, but not limited to, requirements for buffer zones and landscaping.

(G) The lot line adjustment shall not result in a parcel that cannot comply with existing land use and resource protection guidelines, including, but not limited to requirements for buffer zones and landscaping.

(b) Lot line adjustments for parcels designated Agriculture-Special or Open Space shall comply with the following standards:

(A) The lot line adjustment may be allowed upon demonstration that it is necessary to facilitate efforts to protect and enhance scenic, cultural, natural, or recreation resources. (Note: There is no specified minimum parcel size for parcels designated Open Space.)

(B) The lot line adjustment shall comply with subsections (1)(a)(A), (B), (E), (F), and (G) above.

(c) Lot line adjustments for parcels designated Commercial shall comply with subsections (1)(a)(A), (B), (E), (F), and (G) above.

(d) Lot line adjustments for parcels designated Public Recreation or Commercial Recreation shall comply with the following standards:

(A) The lot line adjustment may be allowed upon demonstration that it is necessary to facilitate, enhance, or otherwise improve recreation uses on the parcel. (Note: There are no specified minimum parcel sizes for parcels designated Public Recreation or Commercial Recreation.)

(B) The lot line adjustment shall comply with subsections (1)(a)(A), (B), (E), (F), and (G) above.

(2) The following guidelines shall apply to lot line adjustments in the SMAs.

(a) The proposed lot line adjustment shall not result in the creation of any new parcel(s).

(b) A lot line adjustment shall not result in a parcel greater than or equal to 40 acres with a dwelling becoming less than 40 acres.

(d) A parcel that is smaller than 40 acres shall not be reduced in size, except to accomplish one of the following purposes:

(A) Resolve boundary line disputes, correct physical encroachments, provide reasonable access, or meet buffer or set back requirements, provided that the parcel to be enlarged would not become 40 acres or greater and the amount of land transferred would be the minimum necessary to resolve the issue.

(B) Allow a public or non-profit entity to acquire land for the purpose of protecting and enhancing scenic, cultural, recreation or natural resources, provided the land to be acquired would be protected by a conservation easement or other similar property restriction that precludes residential development.

(e) The lot line adjustment shall not cause previously approved parcels or development to violate conditions of approval or become out of compliance or further out of compliance with existing land use and resource protection guidelines, including, but not limited to, requirements for buffer zones and landscaping.

(f) The lot line adjustment shall not result in a parcel that cannot comply with existing land use and resource protection guidelines, including, but not limited to requirements for buffer zones and landscaping.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0580 Buffer Zones

(1) Many standards in this land use ordinance contain requirements for buffer zones for specific development and land uses and to protect scenic, cultural, natural, and recreation resources and agricultural and forest uses and land that are not listed in 350-082-0580.

(2) Agricultural Buffer Zones in the GMA

(a) All new buildings in the GMA shall comply with the setbacks in 350-082-0580 Table 1 - Setback Guidelines when proposed to be located on a parcel adjacent to lands that are designated Large-Scale Agriculture or Small-Scale Agriculture and are currently used for agricultural use.

(b) New buildings adjacent to lands designated Large-Scale Agriculture or Small-Scale Agriculture that are suitable, but currently not used for agriculture, shall use the open or fenced setback associated with the dominant type of agriculture in the vicinity. If a vegetation barrier, eight-foot berm, or terrain barrier exists, the corresponding setback shall apply. If more than one type of agriculture is dominant, the setback shall be the larger width.

(c) Earth berms may be used to satisfy, in part, the setback guidelines. The berm shall be a minimum of eight feet in height and contoured at 3:1 slopes to look natural. Shrubs, trees, or grasses shall be employed on the berm to control erosion and achieve a finished height of 15 feet.

(d) The planting of a continuous vegetative screen may be used to satisfy, in part, the setback guidelines. Trees shall be at least six feet high when planted and reach an ultimate height of at least 15 feet. The vegetation screen shall be planted along the appropriate parcel line(s) and shall be continuous.

(e) The necessary berm or planting shall be completed during the first phase of development and maintained in good condition.

(f) If several crops or crop rotation is involved in the adjacent operation, the greater setback shall apply.

(g) The Executive Director may grant a variance to the buffer guidelines upon a demonstration that the variance guidelines in 350-082-0590 have been satisfied.

(3) Buffers from Existing Recreation Sites. If new buildings or structures may detract from the use and enjoyment of established recreation sites, an appropriate buffer shall be established between the building or structure and the parcel.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0590 Variances

(1) In the GMA, when setbacks or buffers specified in the guidelines for the protection of scenic, cultural, natural, recreation, agricultural, or forestry resources overlap or conflict, the setbacks or buffers may be varied upon a demonstration of compliance with both of the following guidelines:

(a) A setback or buffer specified in this land use ordinance to protect one resource would cause the proposed use to fall within a setback or buffer specified in the plan to protect another resource.

(b) Variation from the specified setbacks or buffer would, on balance, best achieve the protection of the affected resources.

(2) In the GMA, a setback or buffer specified in the guidelines for protection of scenic, cultural, natural, recreation, agricultural, or forestry resources may be varied to allow a residence to be built on a parcel of land upon a demonstration of compliance with all the following guidelines:

(a) The land use designation otherwise authorizes a residence on the tract.

(b) No site exists on the tract (all contiguous parcels under the same ownership) on which a residence could practicably be placed in full compliance with the setback or buffer.

(d) The variance shall not be used to permit an addition to a building (including, but not limited to, decks and stairs), when the addition would be within the setback, except where the building is wholly within the setback, in which case, the addition may only be permitted on the portion of the building that does not encroach any further into the required setback.

(3) Variances for Recreation Uses

(a) In the GMA, the Executive Director may grant a variance to the setback and buffer requirements contained in 350-082-0700 upon a demonstration of compliance with all the following guidelines:

(A) The proposed project is a public-use, resource-based recreation facility providing or supporting either recreational access to the Columbia River and its tributaries, or recreational opportunities associated with a scenic travel corridor.

(B) All reasonable measures to redesign the proposed project to comply with required setbacks and buffers have been explored, and application of those setbacks and buffers would prohibit a viable recreation use of the site as proposed.

(D) The variance is the minimum necessary to accommodate the use.

(b) In the GMA and SMA, the Executive Director may grant a variance of up to ten percent to the guidelines of Recreation Intensity Class 4 for parking and campground units upon demonstration of compliance with all the following guidelines:

(A) Demand and use levels for the proposed activity or activities, particularly in the area where the site is proposed, are high and expected to remain so or increase. Statewide Comprehensive Outdoor Recreation Plan (SCORP) data and data from the National Visitor Use Monitoring Program shall be relied upon to meet this criterion in the absence of current applicable studies.

(B) The proposed use is dependent on resources present at the site.

(C) Reasonable alternative sites offering similar opportunities, including those in nearby urban areas, have been evaluated, and it has been demonstrated that the proposed use cannot be adequately accommodated elsewhere.

(D) The proposed use is consistent with goals, objectives, and policies in Chapter 4, Part I of the Management Plan.

(E) Through site design and mitigation measures, the proposed use can be implemented without adversely affecting scenic, natural, or cultural resources and adjacent land uses.

(F) Through site design and mitigation measures, the proposed use can be implemented without affecting or modifying treaty rights.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0600 General Management Area Scenic Resources Review Criteria

The following scenic review guidelines shall apply to all Review Uses in the GMA of the Columbia River Gorge National Scenic Area:

(1) All review uses. The guidelines in this section apply to all review uses in the National Scenic Area.

(a) New development shall be sited and designed to retain the existing topography and to minimize grading activities to the maximum extent practicable.

(b) New buildings and expansion of existing development shall be compatible with the general scale of existing nearby development. New buildings that are 1,500 square feet or less are exempt from this guideline. Findings addressing this guideline shall include, but are not limited to:

(A) Application of the landscape setting design guidelines, if applicable.

(B) A defined study area surrounding the development that includes at least ten existing buildings, not including existing buildings within urban areas or outside the National Scenic Area.

(C) Individual evaluations of scale for each separate proposed building in the application and each separate building in the study area, including:

(i) All finished above ground square footage;

(ii) Total area of covered decks and porches;

(iii) Attached garages;

(iv) Daylight basements;

(v) Breezeways, if the breezeway shares a wall with an adjacent building; and

(vi) Dimensions, based on information from the application or in Assessor’s records.

(D) An overall evaluation demonstrating the compatibility of proposed development’ with surrounding existing development and development approved but not yet constructed. Buildings in the vicinity of the proposed development that are significantly larger in size than the rest of the buildings in the study area should be removed from this evaluation.

(c) Landowners shall be responsible for the proper maintenance and survival of any planted vegetation required by 350-082-0600.

(2) Key Viewing Areas. The guidelines in this section shall apply to all review uses proposed on sites topographically visible from key viewing areas.

(a) Each development shall be visually subordinate to its landscape setting as visible from key viewing areas. New development shall be sited to achieve visual subordinance from key viewing areas, unless the siting would place such development in a buffer specified for protection of wetlands, riparian corridors, rare plants, or sensitive wildlife sites or would conflict with guidelines to protect cultural resources. In such situations, new development siting shall comply with this guideline to the maximum extent practicable.

(b) Determination of potential visual effects and compliance with the visual subordinance standard in subsection (a) above shall include consideration of the cumulative effects of proposed development. A determination of the potential visual impact of a new development shall include written findings addressing the following factors:

(A) The amount of area of the building site exposed to key viewing areas;

(B) The degree of existing vegetation providing screening;

(D) The number of key viewing areas from which it is visible;

(E) The linear distance along the key viewing areas from which the building site is visible (for linear key viewing areas, such as roads); and

(F) Other factors the reviewing agency determines relevant in consideration of the potential visual impact.

(c) The extent and type of conditions applied to a proposed development to achieve visual subordinance to its landscape setting shall be proportionate to its potential visual impacts as visible from key viewing areas. Conditions may include, and shall be applied using the following order of priority, with (A) being the first condition to require and (F) being the last condition to require if the prior conditions do not achieve visual subordinance:

(A) Screening by existing topography.

(B) Siting (location of development on the subject property, building orientation, and other elements).

(D) Design and building materials (color, reflectivity, size, shape, height, architectural and design details and other elements).

(E) New landscaping on the applicant’s property.

(F) New berms or other recontouring on the applicant’s property, where consistent with other applicable provisions.

(d) New development shall be sited using existing topography and existing vegetation as needed to achieve visual subordinance from key viewing areas. The following guidelines shall apply to new landscaping used to screen development from key viewing areas:

(A) New landscaping (including new earth berms) shall be required only when application of all other available guidelines in 350-082-0600 is not sufficient to make the development visually subordinate from key viewing areas. Alternate sites shall be considered prior to using new landscaping to achieve visual subordinance. Development shall be sited to avoid the need for new landscaping wherever possible.

(B) If new landscaping is required to make a proposed development visually subordinate from key viewing areas, existing on-site vegetative screening and other visibility factors shall be analyzed to determine the extent of new landscaping, and the size of new trees needed to achieve the standard. Any vegetation planted pursuant to this guideline shall be sized to provide sufficient screening to make the development visually subordinate within five years or less from the commencement of construction. If after five years the vegetation has not achieved a size sufficient to screen the development, the Executive Director may require additional screening to make the development visually subordinate.

(C) Unless as specified otherwise by provisions in 350-082-0600, landscaping shall be installed as soon as practicable, and prior to project completion.

(D) Applicants and successors in interest for the subject parcel are responsible for the proper maintenance and survival of planted vegetation, and replacement of such vegetation that does not survive.

(E) The Scenic Resources Implementation Handbook includes recommended species for each landscape setting consistent with 350-082-0600(3) and minimum recommended sizes of new trees planted (based on average growth rates expected for recommended species).

(e) Existing tree cover screening proposed development from key viewing areas shall be retained as specified in 350-082-0600(3).

(f) The silhouette of new buildings shall remain below the skyline of a bluff, cliff, or ridge as visible from key viewing areas.

(g) Conditions regarding new landscaping or retention of existing vegetation for new development on lands designated GMA Commercial Forest, Large Woodland, or Small Woodland shall meet both scenic guidelines and defensible space requirements in 350-082-0270(5)(a).

(h) Unless expressly exempted by other provisions in 350-082-0600, colors of structures on sites visible from key viewing areas shall be dark earth-tones found at the specific site or in the surrounding landscape. The specific colors approved by the reviewing agency shall be included as a condition of approval.

(i) The exterior of buildings on lands visible from key viewing areas shall be composed of non-reflective materials or materials with low reflectivity. Continuous surfaces of glass shall be limited to ensure visual subordinance. The Scenic Resources Implementation Handbook includes a list of recommended exterior materials and screening methods.

(j) Any exterior lighting shall be sited, limited in intensity, shielded, or hooded in a manner that prevents lights from being highly visible from key viewing areas and from noticeably contrasting with the surrounding landscape setting, except for road lighting necessary for safety purposes.

(k) Additions to existing buildings smaller in total area in square feet than the existing building may be the same color as the existing building. Additions larger than the existing building shall be of dark earth-tone colors found at the specific site or in the surrounding landscape. The specific colors approved by the reviewing agency shall be included as a condition of approval.

(l) Rehabilitation of or modifications to existing significant historic structures shall be exempted from visual subordinance requirements for lands visible from key viewing areas. To be eligible for such exemption, the structure must be included in, or eligible for inclusion in, the National Register of Historic Places or be in the process of applying for a determination of significance pursuant to such regulations. Rehabilitation of or modifications to structures meeting this guideline shall be consistent with National Park Service regulations for such structures.

(m) New main lines on lands visible from key viewing areas for the transmission of electricity, gas, oil, other fuels, or communications, except for connections to individual users or small clusters of individual users, shall be built in existing transmission corridors unless it can be demonstrated that use of existing corridors is not practicable. Such new lines shall be underground as a first preference unless it can be demonstrated to be impracticable.

(n) New communication facilities (antennae, dishes, etc.) on lands visible from key viewing areas that require an open and unobstructed site shall be built upon existing facilities unless it can be demonstrated that use of existing facilities is not practicable.

(o) New communications facilities may protrude above a skyline visible from a key viewing area only upon demonstration that:

(A) The facility is necessary for public service;

(B) The break in the skyline is visible only in the background; and

(p) Overpasses, safety and directional signs, and other road and highway facilities may protrude above a skyline visible from a key viewing area only upon a demonstration that:

(A) The facility is necessary for public service, and

(B) The break in the skyline is the minimum necessary to provide the service.

(q) New buildings shall not be permitted on lands visible from key viewing areas with slopes in excess of 30 percent. Variances to this guideline may be authorized if the guideline’s application would render a property unbuildable. In determining the slope, the average percent slope of the proposed building footprint shall be used.

(r) Driveways and buildings shall be designed and sited to minimize visibility of cut banks and fill slopes from key viewing areas.

(3) Landscape Settings. All review uses within the following landscape settings shall comply with the following applicable guidelines:

(a) Pastoral

(A) Accessory structures, outbuildings, and access ways shall be clustered together as much as possible, particularly towards the edges of existing meadows, pastures, and farm fields.

(B) In portions of this setting visible from key viewing areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:

(i) Except as is necessary for site development or safety purposes, the existing tree cover screening the development from key viewing areas shall be retained.

(ii) Vegetative landscaping shall, where feasible, retain the open character of existing pastures and fields.

(iii) At least half of any trees planted for screening purposes shall be species native to the setting. Examples of native species are identified in the Scenic Implementation Handbook as appropriate for the area.

(iv) At least one-quarter of any trees planted for screening shall be coniferous for winter screening. Variances may be granted to this guideline when development is directly adjacent to or adjoining a landscape setting where coniferous trees are not common or appropriate (see Scenic Implementation Handbook for guidance), and tree species ultimately selected for winter screening are natives characteristic to that setting.

(C) Compatible Recreation Use Guideline: Resource-based recreation uses of a very low-intensity or low-intensity nature (350-082-0700(1) and (2)), occurring infrequently in the landscape, are compatible with this setting.

(b) Coniferous Woodland

(A) Structure height shall remain below the forest canopy level.

(B) In portions of this setting visible from key viewing areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:

(i) Except as is necessary for construction of access roads, building pads, leach fields, etc., the existing tree cover screening the development from key viewing areas shall be retained.

(ii) At least half of any trees planted for screening purposes shall be species native to the setting. Examples of native species are identified in the Scenic Implementation Handbook as appropriate to the area.

(iii) At least half of any trees planted for screening purposes shall be coniferous to provide winter screening.

(C) Compatible Recreation Use Guideline: Resource-based recreation uses of varying intensities may be compatible with this setting. Typically, outdoor recreation uses in Coniferous Woodlands are low intensity, and include trails, small picnic areas, and scenic viewpoints. Although infrequent, some more intensive recreation uses, such as campgrounds, occur. They tend to be scattered rather than concentrated, interspersed with large areas of undeveloped land and low-intensity uses.

(A) Structure height shall remain below the tree canopy level of the dominant vegetation types of this setting.

(B) In portions of this setting visible from key viewing areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:

(i) At least half of any tree species planted for screening purposes shall be species native to the setting. Examples of native species are identified in the Scenic Implementation Handbook as appropriate to the area.

(ii) At least half of any trees planted for screening purposes shall be coniferous to provide winter screening.

(iii) For substantially wooded portions: Except as is necessary for construction of access roads, building pads, leach fields, etc., the existing tree cover screening the development from key viewing areas shall be retained.

(iv) For treeless portions or portions with scattered tree cover:

(I) Structures shall be sited on portions of the property that provide maximum screening from key viewing areas, using existing topographic features.

(II) Patterns of plantings for screening vegetation shall be in character with the surroundings. Residences in grassy, open areas or savannahs shall be partly screened with trees in small groupings and openings between groupings.

(III) Accessory structures, outbuildings, and access ways shall be clustered together as much as possible, particularly towards the edges of existing meadows, pastures, and farm fields.

(C) Compatible Recreation Use Guideline: Resource-based recreation uses of varying intensities may be compatible with this setting, although most are of a low-intensity nature (such as trails or small scenic outlooks). More intensive recreation uses may be compatible where allowed by the “Recreation Intensity Classes” map and standards in 350-082-0700 although they are generally rare in this setting. As with Woodland settings, intensive recreation uses in Oak-Pine Woodlands may be compatible if widely scattered and not in large concentrations.

(d) Grassland

(A) Accessory structures, outbuildings, and access ways shall be clustered together as much as possible. Exceptions to this guideline are permitted where necessary for farming operations.

(B) In portions of this setting visible from key viewing areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:

(i) Structures shall be sited on portions of the property that provide maximum screening from key viewing areas, using existing topographic features.

(ii) Lower structures that emphasize horizontal lines and blend with this sweeping landscape should be encouraged rather than very tall structures.

(iii) Planting of trees for screening shall not be extensive, in character with the openness of this setting. Where used, screening vegetation shall either tie in with nearby riparian vegetation in seasonal drainages or emulate windows. At least half of any trees planted for screening purposes shall be species native to the setting. Examples of native species are identified in the Scenic Implementation Handbook as appropriate to the area.

(C) Compatible Recreation Use Guideline: Resource-based recreation uses of a very low-intensity or low-intensity nature (350-082-0700(1) and (2)) that occur infrequently are compatible with this setting, and include hiking, hunting, and wildlife viewing.

(e) Rural Residential

(A) Existing tree cover shall be retained as much as possible, except as is necessary for site development, safety purposes, or as part of forest management practices.

(B) In portions of this setting visible from key viewing areas, and not exempt from visual subordinance guidelines (see 350-082-0600(3)(k)), the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:

(i) Except as is necessary for site development or safety purposes, the existing tree cover screening the development from key viewing areas shall be retained.

(ii) At least half of any trees planted for screening purposes shall be species native to the setting (see Scenic Implementation Handbook for guidance).

(iii) At least half of any trees planted for screening purposes shall be coniferous to provide winter screening.

(C) Compatible Recreation Use Guideline: Compatible recreation uses are usually limited to small community park facilities but may occasionally include low-intensity resource-based recreation uses (such as small scenic overlooks).

(f) Rural Residential/Pastoral, Rural Residential/Coniferous Woodland, and Rural Residential/Oak-Pine Woodland

(A) New development in this setting shall meet the design guidelines described for both the Rural Residential setting and the more rural setting with which it is combined (either Pastoral, Coniferous Woodland or Oak-Pine Woodland), unless the applicant demonstrates that compliance with the guidelines for the more rural setting is impracticable. Expansion of existing development shall comply with this guideline to the maximum extent practicable.

(B) In the event of a possible conflict between the two sets of guidelines, the guidelines for the more rural setting (Coniferous Woodland, Oak-Pine Woodland or Pastoral) shall apply, unless the applicant demonstrates that application of such guidelines would not be practicable.

(C) Compatible Recreation Use Guideline: Very low-intensity and low-intensity resource-based recreation uses (350-082-0700(1) and (2)), scattered infrequently in the landscape, may be compatible with this setting.

(g) Residential

(A) In portions of this setting visible from key viewing areas (except those areas described in 350-082-0600(3)(k)), the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:

(i) Except as is necessary for site development or safety purposes, the existing tree cover screening the development from key viewing areas shall be retained.

(ii) The exteriors of structures shall be non-reflective unless fully screened from key viewing areas with existing vegetation and topography.

(iii) At least half of any trees planted for screening purposes shall be species native to the setting. Examples of native species are identified in the Scenic Resources Implementation Handbook as appropriate to the area.

(iv) At least half of any trees planted for screening purposes shall be coniferous to provide winter screening.

(B) Compatible Recreation Use Guideline: Compatible recreation uses are essentially limited to community park facilities.

(h) Village

(A) New commercial buildings shall be limited in size to a total floor area of 5,000 square feet or less, and shall be limited in height to 2 1/2 stories or less.

(B) For new commercial, institutional (churches, schools, government buildings), or multifamily residential uses on parcels fronting a scenic travel corridor (Washington State Route 14 or the Historic Columbia River Highway) and expansion of existing development for such uses, parking shall be limited to rear or side yards of buildings to the maximum extent practicable.

(C) New vehicular access points to the scenic travel corridors shall be limited to the maximum extent practicable, and access consolidation shall be required where feasible.

(D) New development proposals and expansion of existing development shall be encouraged to follow planned unit development approaches, featuring consolidated access, commonly shared landscaped open areas, etc.

(E) New commercial, institutional or multifamily residential uses fronting a scenic travel corridor shall comply with the following landscape requirements:

(i) Parking or loading areas for ten or more spaces shall include a landscaped strip at least five feet wide between the new use and the scenic travel corridor roadway.

(ii) The landscape strip required in subsection (E)(i) above, shall include shrubs, vegetative ground cover, and, at minimum, one tree. Trees shall be spaced as ap¬propriate to the species and not to exceed 25 feet apart on the average.

(F) The use of building materials that reinforce the Village setting’s character, such as wood, logs, or stone, and that reflect community desires, should be encouraged.

(G) Architectural styles that are characteristic of the area (such as 1 1/2-story dormer roof styles in Corbett) and that reflect community desires should be encouraged. Entry signs should be consistent with such architectural styles.

(H) Design features that create a “pedestrian-friendly” atmosphere, such as large shop windows on the ground floor of commercial buildings, porches along ground floors with street frontage, etc., should be encouraged.

(I) Pedestrian walkways and bicycle paths should be encouraged and integrated into new development wherever feasible.

(J) Where feasible, existing tree cover of species native to the region (see species identified in the Scenic Implementation Handbook for guidance) as appropriate for the area shall be retained when designing new development or expanding existing development.

(K) Compatible Recreation Use Guideline: Compatible recreation uses may include community parks serving the recreation needs of local residents, and varying intensities of other recreation uses.

(i) River Bottomlands

(A) In portions of this setting visible from key viewing areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:

(i) Except as is necessary for site development or safety purposes, existing tree cover screening the development from key viewing areas shall be retained.

(ii) At least half of any trees planted for screening purposes shall be species native to the River Bottomland setting. Public recreation development is encouraged to maximize the percentage of planted screening vegetation native to this setting.

(iii) At least one-quarter of any trees planted for screening purposes shall be coniferous for winter screening. Variances may be granted to this guideline when development is directly adjacent or adjoining a landscape setting where coniferous trees are not common or appropriate (see Scenic Implementation Handbook for guidance), and tree species ultimately selected for winter screening are natives characteristic to that setting.

(B) Compatible Recreation Use Guidelines:

(i) Compatible recreation uses in this setting depend on the degree of natural resource sensitivity of a particular site. In the most critically sensitive River Bottomlands, very low-intensity uses (350-082-0700(1)) that do not impair wetlands or special habitat requirements may be compatible.

(ii) In other River Bottomland areas, nodes of moderate- or high-intensity recreation uses (350-082-0700(3) and (4)) may be compatible, provided that their designs emphasize retention or enhancement of native riparian communities, structures and parking areas are visually subordinate, and they are separated from other areas of concentrated recreation usage by stretches of natural-appearing shoreline and adjacent uplands.

(j) Gorge Walls, Canyons, and Wildlands

(A) New development and expansion of existing development shall be screened so it is not visible from key viewing areas to the maximum extent practicable.

(B) All trees planted to screen permitted development and uses from key viewing areas shall be native to the area.

(C) Existing tree cover shall be retained to the maximum extent practicable, except for the minimum removal necessary to accommodate facilities otherwise permitted in the underlying land use designation or for safety purposes.

(D) All buildings shall be limited in height to a maximum of 1 1/2 stories.

(E) The exteriors of structures shall be non-reflective.

(F) Signage shall be limited to natural materials such as wood or stone, with natural or earth-tone colors found in the surrounding landscape, unless public safety concerns or federal or state highway standards require otherwise.

(G) Compatible Recreation Use Guideline: Because of the fragility, steepness, and undeveloped nature of these lands, compatible recreation uses are usually limited to very low-intensity or low-intensity, resource-based activities that focus on enjoyment and appreciation of sensitive resources. Such uses (such as trails) are generally associated with minimal facility development, if any.

(k) Developed Settings and Visual Subordinance Policies

(A) GMA policies to protect key viewing area viewsheds require that all new development on lands visible from key viewing areas be visually subordinate to its landscape setting, except for “specified developed settings that are not visually sensitive.”

(B) Three landscape settings are considered developed settings within this context: Rural Residential, Residential, and Village. Of all GMA lands in these three settings, six particular areas that are not visually sensitive have been identified. New development in these settings shall be compatible with the setting, but not necessarily visually subordinate. New development in these settings is exempt from the color and siting guidelines in 350-082-0600(2). These areas are:

(i) Corbett Rural Center (Village)

(ii) Skamania Rural Center (Village)

(iii) West of Hood River Urban Area, east of Country Club Road (Rural Residential)

(iv) Murray’s Addition subdivision, The Dalles (Residential)

(v) Two small areas south of The Dalles in Sections 9 and 10, Township 1N, Range 13E (Residential)

(vi) Portion of Underwood Heights along Cooper Avenue, south of Cook-Underwood Road (Rural Residential)

(4) Scenic Travel Corridors

(a) The immediate foreground of a scenic travel corridor shall include those lands within 1/4 mile of the edge of pavement of the scenic travel corridor roadway.

(b) All review uses within a scenic travel corridor shall comply with the following applicable guidelines:

(A) All new buildings and alterations to existing buildings shall be set back at least 100 feet from the edge of pavement of the scenic travel corridor roadway. This policy shall not apply in Rural Center designations (Village landscape setting). A variance to this setback requirement may be granted pursuant to 350-082-0590(2). All new parking lots and expansions of existing parking lots shall be set back at least 100 feet from the edge of pavement of the scenic travel corridor roadway, to the maximum extent practicable.

(B) Additions to existing buildings or expansion of existing parking lots located within 100 feet of the edge of pavement of a scenic travel corridor roadway shall comply with subsection (A) above to the maximum extent practicable. This guideline shall not apply in Rural Center designations (Village landscape setting).

(C) All proposed vegetation management projects in public rights-of-way to provide or improve views shall include the following:

(i) An evaluation of potential visual impacts of the proposed project as visible from any key viewing area.

(ii) An inventory of any rare plants, sensitive wildlife habitat, wetlands, or riparian areas on the project site. If such resources are determined to be present, the project shall comply with applicable Management Plan guidelines to protect the resources.

(D) When evaluating possible locations for undergrounding of signal wires or powerlines, railroads and utility companies shall prioritize those areas specifically recommended as extreme or high priorities for undergrounding in the Columbia River Gorge National Scenic Area Corridor Visual Inventory (April 1990).

(E) New exploration, development (extraction or excavation), and production of mineral resources proposed within 1/4 mile of the edge of pavement of a scenic travel corridor may be allowed upon a demonstration that full visual screening of the site from the scenic travel corridor can be achieved by use of existing topographic features or existing vegetation designed to be retained through the planned duration of the proposed project. An exception to this may be granted if planting of new vegetation in the vicinity of the access road to the mining area would achieve full screening. If existing vegetation is partly or fully employed to achieve visual screening, over 75 percent of the tree canopy area shall be coniferous species providing adequate winter screening. Mining and associated primary processing of mineral resources is prohibited within 100 feet of a scenic travel corridor, as measured from the edge of pavement, except for access roads. Compliance with full screening requirements shall be achieved within timeframes specified in 350-082-0500.

(F) Expansion of existing quarries may be allowed pursuant to 350-082-0500. Compliance with visual subordinance requirements shall be achieved within timeframes specified in 350-082-0500.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0610 Special Management Area Scenic Resources Review Criteria

(1) SMA Design Guidelines Based on Landscape Settings

(a) The following guidelines apply to all lands within SMA landscape settings regardless of visibility from KVAs (includes areas visible from KVAs as well as areas not visible from KVAs):

(A) Pastoral: Pastoral areas shall retain the overall appearance of an agricultural landscape. The use of plant species native to the landscape setting shall be encouraged. Examples of native species are identified in the Scenic Implementation Handbook as appropriate to the area. The use of agricultural plant species in rows, as commonly found in the landscape setting is also encouraged.

(B) Coniferous Woodland and Oak-Pine Woodland: Woodland areas shall retain the overall appearance of a woodland landscape. New development and land uses shall retain the overall visual character of the natural appearance of the Coniferous Woodland and Oak-Pine Woodland landscape.

(i) Buildings designed to have a vertical overall appearance in the Coniferous Woodland landscape setting and a horizontal overall appearance in the Oak-Pine Woodland landscape setting shall be encouraged.

(ii) Use of plant species native to the landscape setting shall be encouraged. Examples of native species are identified in the Scenic Implementation Handbook as appropriate to the area. Where non-native plants are used, they shall have native-appearing characteristics.

(i) At Rowena Dell, new buildings shall have a rustic appearance using natural materials. At Latourell Falls, new buildings shall have an appearance consistent with the predominant historical architectural style.

(D) River Bottomlands: River Bottomlands shall retain the overall visual character of a floodplain and associated islands.

(i) Buildings shall have an overall horizontal appearance in areas with little tree cover.

(E) Gorge Walls, Canyons, and Wildlands: New development and land uses shall retain the overall visual character of the natural-appearing landscape.

(i) Structures, including signs, shall have a rustic appearance, use non-reflective materials, have low contrast with the surrounding landscape, and be of a Cascadian architectural style.

(ii) Temporary roads shall be promptly closed and revegetated.

(iii) New utilities shall be below ground surface, where feasible.

(iv) Use of plant species non-native to the Columbia River Gorge shall not be allowed.

(2) SMA Guidelines for Development and Uses Visible from KVAs

(a) The guidelines in this section shall apply to proposed development on sites topographically visible from key viewing areas.

(b) New development and land uses shall be evaluated to ensure that the required scenic standard is met and that scenic resources are not adversely affected, including cumulative effects, based on the degree of visibility from key viewing areas.

(c) The required SMA scenic standards for all development and uses are summarized in 350-082-0610 Table 1 - Required SMA Scenic Standards.

(d) In all landscape settings, scenic standards shall be met by blending new development with the adjacent natural landscape elements rather than with existing development.

(e) Proposed development or land uses shall be sited to achieve the required scenic standard. Development shall be designed to fit the natural topography, to take advantage of landform and vegetation screening, and to minimize visible grading or other modifications of landforms, vegetation cover, and natural characteristics. When screening of development is needed to meet the scenic standard from key viewing areas, use of existing topography and vegetation shall be given priority over other means of achieving the scenic standard such as planting new vegetation or using artificial berms.

(f) The extent and type of conditions applied to a proposed development or use to achieve the scenic standard shall be proportionate to its degree of visibility from key viewing areas.

(A) Decisions shall include written findings addressing the factors influencing the degree of visibility, including but not limited to:

(i) The amount of area of the building site exposed to key viewing areas,

(ii) The degree of existing vegetation providing screening,

(iii) The distance from the building site to the key viewing areas from which it is visible,

(iv) The number of key viewing areas from which it is visible, and

(v) The linear distance along the key viewing areas from which the building site is visible (for linear key viewing areas, such as roads).

(B) Conditions may be applied to various elements of proposed developments to ensure they meet the scenic standard, including but not limited to:

(i) Siting (location of development on the subject property, building orientation, and other elements),

(ii) Retention of existing vegetation,

(iii) Design (form, line, color, texture, reflectivity, size, shape, height, architectural and design details and other elements), and

(iv) New landscaping.

(g) Sites approved for new development to achieve scenic standards shall be consistent with guidelines to protect wetlands, riparian corridors, rare plant or sensitive wildlife sites and the buffer zones of each of these natural resources, and guidelines to protect cultural resources.

(h) Proposed development shall not protrude above the line of a bluff, cliff, or skyline as visible from key viewing areas.

(i) Structure height shall remain below the average tree canopy height of the natural vegetation adjacent to the structure, except if it has been demonstrated that meeting this guideline is not feasible considering the function of the structure.

(j) The following guidelines shall apply to new landscaping used to screen development from key viewing areas:

(A) New landscaping (including new earth berms) to achieve the scenic standard from key viewing areas shall be required only when application of all other available guidelines in 350-082-0610 is not sufficient to make the development meet the scenic standard from key viewing areas. Development shall be sited to avoid the need for new landscaping wherever possible.

(B) If new landscaping is necessary to meet the scenic standard, existing on-site vegetative screening and other visibility factors shall be analyzed to determine the extent of new landscaping, and the size of new trees needed to achieve the standard. Any vegetation planted pursuant to this guideline shall be sized to provide sufficient screening to meet the scenic standard within five years or less from the commencement of construction.

(C) Landscaping shall be installed as soon as practicable, and prior to project completion. Applicants and successors in interest for the subject parcel are responsible for the proper maintenance and survival of planted vegetation, and replacement of such vegetation that does not survive.

(D) The Scenic Resources Implementation Handbook includes recommended species for each landscape setting consistent with the Landscape Settings Design Guidelines in 350-082-0610 and minimum recommended sizes of new trees planted (based on average growth rates expected for recommended species).

(k) Unless expressly exempted by other provisions in 350-082-0610, colors of structures on sites visible from key viewing areas shall be dark earth-tones found at the specific site or the surrounding landscape. The specific colors or list of acceptable colors shall be included as a condition of approval. The Scenic Resources Implementation Handbook shall include a recommended palette of colors as dark, or darker than the colors in the shadows of the natural features surrounding each landscape setting.

(l) The exterior of structures on lands seen from key viewing areas shall be composed of non-reflective materials or materials with low reflectivity. Continuous surfaces of glass shall be limited to ensure meeting the scenic standard. The Scenic Resources Implementation Handbook includes a list of recommended exterior materials and screening methods.

(m) Any exterior lighting shall be sited, limited in intensity, and shielded or hooded in a manner that prevents lights from being highly visible from key viewing areas and from noticeably contrasting with the surrounding landscape setting, except for road lighting necessary for safety purposes.

(n) Seasonal lighting displays may be permitted on a temporary basis, not to exceed three months.

(o) New buildings shall be compatible with the general scale of existing nearby development. Expansion of existing development shall comply with this guideline to the maximum extent practicable. New buildings that are 1,500 square feet or less are exempt from this guideline. Findings addressing this guideline shall include, but are not limited to:

(A) Application of the landscape setting design guidelines, if applicable;

(B) A defined study area surrounding the development that includes at least ten existing buildings, not including existing buildings within urban areas or outside the National Scenic Area;

(C) Individual evaluations of scale for each separate proposed building in the application and each separate building in the study area, including:

(i) All finished above ground square footage;

(ii) Total area of covered decks and porches;

(iii) Attached garages;

(iv) Daylight basements;

(v) Breezeways, if the breezeway shares a wall with an adjacent building; and

(vi) Dimensions, based on information from the application or in Assessor’s records;

(3) SMA Guidelines for KVA Foregrounds and Scenic Routes

(a) All new development and land uses immediately adjacent to scenic routes shall be in conformance with state or county scenic route guidelines.

(b) Scenic highway corridor strategies shall be implemented for Interstate 84 (I-84), Washington State Route 14 (SR 14) and the Historic Columbia River Highway (HCRH). For I-84, SR 14 and the HCRH, this involves ongoing implementation (and possible updating) of the associated existing documents.

(c) The following guidelines shall apply only to development within the immediate foregrounds of key viewing areas. Immediate foregrounds are defined as within the developed prism of a road or trail KVA or within the boundary of the developed area of KVAs such as Crown Point and Multnomah Falls. They shall apply in addition to 350-082-0610(2).

(A) The proposed development shall be designed and sited to meet the applicable scenic standard from the foreground of the subject KVA. If the development cannot meet the standard, findings must be made documenting why the project cannot meet the requirements in 350-082-0610(2) and why it cannot be redesigned or wholly or partly relocated to meet the scenic standard.

(B) Findings must evaluate the following:

(i) The limiting factors to meeting the required scenic standard and applicable guidelines from 350-082-0610(2);

(ii) Reduction in project size;

(iii) Options for alternative sites for all or part of the project, considering parcel configuration and on-site topographic or vegetative screening; and

(iv) Options for design changes including changing the design shape, configuration, color, height, or texture in order to meet the scenic standard.

(C) Form, line, color, texture, and design of a proposed development shall be evaluated to ensure that the development blends with its setting as visible from the foreground of key viewing areas:

(i) Form and Line-Design of the development shall minimize changes to the form of the natural landscape. Development shall borrow form and line from the landscape setting and blend with the form and line of the landscape setting. Design of the development shall avoid contrasting form and line that unnecessarily call attention to the development.

(ii) Color-Color shall be found in the project’s surrounding landscape setting. Colors shall be chosen and repeated as needed to provide unity to the whole design.

(iii) Texture-Textures borrowed from the landscape setting shall be emphasized in the design of structures. Landscape textures are generally rough, irregular, and complex rather than smooth, regular, and uniform.

(iv) Design-Design solutions shall be compatible with the natural scenic quality of the Gorge. Building materials shall be natural or natural appearing. Building materials such as concrete, steel, aluminum, or plastic shall use form, line color and texture to harmonize with the natural environment. Design shall balance all design elements into a harmonious whole, using repetition of elements and blending of elements as necessary.

(d) Right-of-way vegetation shall be managed to minimize visual impacts of clearing and other vegetation removal as visible from key viewing areas. Roadside vegetation management (vista clearing, planting, etc.) should enhance views from the highway.

(e) Screening from key viewing areas shall be encouraged for existing and required for new road maintenance, warehouse, and stockpile areas.

(4) SMA Guidelines for Areas Not Seen from KVAs

(a) Unless expressly exempted by other provisions in 350-082-0610, colors of structures on sites not visible from key viewing areas shall be dark earth-tones found at the specific site. The specific colors or list of acceptable colors shall be approved as a condition of approval, (see palette of colors in the Scenic Resources Implementation Handbook for guidance).

(b) New buildings shall be compatible with the general scale of existing nearby development. Expansion of existing development shall comply with this guideline to the maximum extent practicable. New buildings that are 1,500 square feet or less are exempt from this guideline. Findings addressing this guideline shall include but are not limited to:

(A) Application of the landscape setting design guidelines, if applicable.

(B) A defined study area surrounding the development that includes at least ten existing buildings, not including existing buildings within urban areas or outside the National Scenic Area.

(C) Individual evaluations of scale for each separate proposed building in the application and each separate building in the study area, including:

(i) All finished above ground square footage;

(ii) Total area of covered decks and porches;

(iii) Attached garages;

(iv) Daylight basements;

(v) Breezeways, if the breezeway shares a wall with an adjacent building; and

(vi) Dimensions, based on information from the application or in Assessor’s records.

(D) An overall evaluation demonstrating compatibility of the proposed development’ with surrounding existing development and development approved but not yet constructed. Buildings in the vicinity of the proposed development that are significantly larger in size than the rest of the buildings in the study area should be removed from this evaluation.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0620 General Management Area Cultural Resources Review Criteria

(1) General Provisions for Implementing the Cultural Resources Protection Process.

(a) All cultural resource surveys, evaluations, assessments, and mitigation plans shall be performed by professionals whose expertise reflects the type of cultural resources that are involved. Principal investigators shall meet the professional standards published in 36 CFR Part 61 and Guidelines for Evaluating and Documenting Traditional Cultural Properties (Parker and King, no date).

(b) Cultural resource surveys, evaluations, assessments, and mitigation plans shall generally be conducted in consultation with tribal governments and any person who submits written comments on a proposed use (interested person). Tribal governments shall be consulted if the affected cultural resources are precontact or otherwise associated with Native Americans. If the cultural resources are associated with non-Native Americans, such as an historic house or pioneer campsite, the tribal governments do not have to be consulted.

(c) Comments received from a tribal government at any time during the Executive Director’s review of a proposed development or use shall be considered to ensure that the proposed development or use does not affect or modify the treaty or other rights of that tribe.

(d) As used in 350-082-0620, “large-scale uses” are: residential development involving two or more new dwellings; all recreation facilities; commercial development; public transportation facilities; electric facilities, lines, equipment, and appurtenances that are 33 kilovolts or greater; and communications, water and sewer, and natural gas transmission (as opposed to distribution) lines, pipes, equipment, and appurtenances. As used in this Chapter, small-scale uses are all uses and developments that are not large-scale uses.

(e) Determination of potential effects to significant cultural resources shall include consideration of cumulative effects of proposed development that is subject to a reconnaissance or historic survey, a determination of significance, an assessment of effect, or a mitigation plan.

(f) The Gorge Commission shall conduct and pay for all reconnaissance and historic surveys for small-scale uses in the GMA. When archaeological resources or traditional cultural properties are discovered, the Gorge Commission also shall identify the approximate boundaries of the resource or property and delineate a reasonable buffer zone. Reconnaissance surveys and buffer zone delineations for large-scale uses shall be the responsibility of the project applicant.

(g) Project applicants are responsible for paying for evaluations of significance, assessments of effect, and mitigation plans for cultural resources that are discovered in a reconnaissance or historic survey or during construction of small-scale and large-scale uses in the GMA.

(2) Cultural Survey Requirements.

(a) When a reconnaissance or historic survey is required.

(A) Each proposed use or element of a proposed use within an application shall be evaluated independently to determine whether a reconnaissance or historic survey is required; for example, an application that proposes a land division a new dwelling, and modification of an existing structure would require a reconnaissance survey if a survey would be required for the dwelling and a historic survey is necessary for the modification of the existing structure.

(B) A reconnaissance survey shall be required for all proposed uses within 500 feet of a known cultural resource and all proposed uses within 100 feet of a high probability area, including those uses listed as exceptions in subsection (C) below. The Forest Service maintains a map of known cultural resources and a probability map. Both maps are confidential as required by the National Scenic Area Act, other federal law, and Oregon and Washington law.

(i) The modification, expansion, replacement, or reconstruction of existing buildings and structures.

(ii) Proposed uses that would not disturb the ground, including land divisions and lot-line adjustments; storage sheds that do not require a foundation; installation of surface chemical toilets; hand treatment of brush within established rights-of-way; and new uses of existing structures.

(iii) Proposed uses that involve minor ground disturbance, as defined by depth and extent, including repair and maintenance of lawfully constructed and serviceable structures; home gardens; livestock grazing; cultivation that employs minimum tillage techniques, such as replanting pastures using a grassland drill; construction of fences; new utility poles that are installed using an auger, post-hole digger, or similar implement; and placement of manufactured homes where septic systems and underground utilities are not involved. The Gorge Commission shall review all land use applications and determine if proposed uses would have a minor ground disturbance.

(iv) Proposed uses that occur on sites that have been disturbed by human activities, provided the proposed uses do not exceed the depth and extent of existing ground disturbance. To qualify for this exception, a project applicant must demonstrate that land-disturbing activities occurred in the project area. Land-disturbing activities include grading and cultivation.

(v) Proposed uses that would occur on sites that have been adequately surveyed in the past. Past surveys must have been conducted by a qualified professional and must include a surface survey and subsurface testing. The nature and extent of any cultural resources in the project area must be adequately documented.

(vi) Proposed uses occurring in areas that have a low probability of containing cultural resources, except large-scale uses.

(vii) The Gorge Commission may choose to conduct a reconnaissance survey for proposed uses listed in the exceptions listed in subsections (i) through (vi) above if, in its professional judgment, a reconnaissance survey may be necessary to ensure protection of cultural resources.

(D) A historic survey shall be required for all proposed uses that would alter the exterior architectural appearance of buildings and structures that are 50 years old or older, or would compromise features of the surrounding area that are important in defining the historic or architectural character of buildings or structures that are 50 years old or older.

(b) Requirements for Reconnaissance Surveys and Reports for Small-Scale Uses.

(A) Reconnaissance surveys for small-scale uses shall be designed by a qualified professional.

(B) Reconnaissance surveys for small-scale uses shall generally include a surface survey and subsurface testing. They shall meet the following guidelines:

(i) A surface survey of the project area shall be conducted, except for inundated areas and impenetrable thickets.

(ii) Subsurface testing shall be conducted if the surface survey reveals that cultural resources may be present. Subsurface probes shall be placed at intervals sufficient to determine the absence or presence of cultural resources.

(C) The results of a reconnaissance survey for small-scale uses shall be documented in a confidential report that includes:

(i) A description of the fieldwork methodology used to identity cultural resources, including a description of the type and extent of the reconnaissance survey.

(ii) A description of any cultural resources that were discovered in the project area, including a written description and photographs.

(iii) A map that shows the project area, the areas surveyed, the location of subsurface probes, and, if applicable, the approximate boundaries of the affected cultural resources and a reasonable buffer zone.

(A) Reconnaissance surveys for large-scale uses shall be designed by a qualified professional. A written description of the survey shall be submitted to and approved by the Gorge Commission’s designated archaeologist.

(B) Reconnaissance surveys shall reflect the physical characteristics of the project area and the design and potential effects of the proposed use. They shall meet the following guidelines:

(i) Archival research shall be performed before any field work. It should entail a thorough examination of tax records; historic maps, photographs, and drawings; previous archaeological, historic, and ethnographic research; cultural resource inventories and records maintained by federal, state, and local agencies; and primary historic accounts, such as diaries, journals, letters, and newspapers.

(ii) Surface surveys shall include the entire project area, except for inundated areas and impenetrable thickets.

(iii) Subsurface probes shall be placed at intervals sufficient to document the presence or absence of cultural resources.

(iv) Archaeological site inventory forms shall be submitted to the State Historic Preservation Officer whenever cultural resources are discovered.

(C) The results of a reconnaissance survey for large-scale uses shall be documented in a confidential report that includes:

(i) A description of the proposed use, including drawings and maps.

(ii) A description of the project area, including soils, vegetation, topography, drainage, past alterations, and existing land use.

(iii) A list of the documents and records examined during the archival research and a description of any precontact or historic events associated with the project area.

(iv) A description of the fieldwork methodology used to identify cultural resources, including a map that shows the project area, the areas surveyed, and the location of subsurface probes. The map shall be prepared at a scale that provides accurate and readable details. In no event shall the scale be less than one inch equals 100 feet (1:1,200).

(v) An inventory of the cultural resources that exist in the project area, including a written description, photographs, drawings, and a map. The map shall be prepared at a scale that provides accurate and readable details. In no event shall the scale be less than one inch equals 100 feet (1:1,200).

(vi) A summary of all written comments submitted by tribal governments and other interested persons.

(vii) A preliminary assessment of whether the proposed use would or would not have an effect on cultural resources. The assessment shall incorporate concerns and recommendations voiced during consultation meetings and information obtained through archival and ethnographic research and field surveys.

(d) Requirements for Historic Surveys and Reports

(A) Historic surveys shall document the location, form, style, integrity, and physical condition of historic buildings and structures. They shall include original photographs and maps. Archival research, blueprints, and drawings should be used as necessary.

(B) Historic surveys shall describe any uses that will alter or destroy the exterior architectural appearance of the historic buildings or structures, or compromise features of the site that are important in defining the overall historic character of the historic buildings or structures.

(C) The project applicant shall provide detailed architectural drawings and building plans that clearly illustrate all proposed alterations.

(e) Requirements for Consultation and Ethnographic Research for Reconnaissance and Historic Surveys

(A) When written comments are submitted to the Executive Director within the comment period provided in 350-082-0120, the project applicant shall offer to meet with the interested persons within ten calendar days. The 10-day consultation period may be extended upon agreement between the project applicant and the interested persons. Consultation meetings should provide an opportunity for interested persons to explain how the proposed use may affect cultural resources. This consultation meeting may include oral history identification through tribal sources. Recommendations to avoid potential conflicts should be discussed.

(B) All written comments, consultation meeting minutes, and ethnographic research shall be incorporated into the reconnaissance or historic survey report, except that sensitive tribal information may be redacted by an appropriate tribal representative. In instances where a survey is not required, all such information shall be recorded and addressed in a report that typifies a survey report; inapplicable elements may be omitted.

(C) A project applicant who is proposing a large-scale use shall conduct interviews and other forms of ethnographic research if interested persons submit a written request for such research. All requests must include a description of the cultural resources that may be affected by the proposed use and the identity of knowledgeable informants. Ethnographic research shall be conducted by qualified specialists. Recordings, maps, photographs, and minutes shall be used when appropriate.

(f) Notice of Survey Results

(A) The Executive Director shall submit a copy of all cultural resource survey reports to the State Historic Preservation Officer and the tribal governments. Survey reports may include measures to avoid affected cultural resources, such as a map that shows a reasonable buffer zone.

(B) The State Historic Preservation Officer and the tribal governments shall have 30 calendar days from the date a survey report is mailed to submit written comments to the Executive Director. The Executive Director shall record and address all written comments in the development review order.

(g) Conclusion of the Cultural Resource Protection Process

(A) The Executive Director shall make a final decision on whether the proposed use would be consistent with 350-082-0620. If the final decision contradicts the comments submitted by the State Historic Preservation Officer or a tribal government, the Executive Director shall justify how an opposing conclusion was reached.

(B) The cultural resource protection process may conclude when one of the following conditions exists:

(i) The proposed use does not require a reconnaissance or historic survey, no cultural resources are known to exist in the project area, and no substantiated concerns were voiced by interested persons within 30 calendar days of the date that a notice was mailed.

(ii) A reconnaissance survey demonstrates that cultural resources do not exist in the project area, no substantiated concerns were voiced by interested persons within 30 calendar days of the date that a notice was mailed, and no substantiated concerns regarding the reconnaissance survey were voiced by the State Historic Preservation Officer or Indian tribal governments during the 30-day comment period required in subsection 2(f)(B) above.

(iii) The proposed use would avoid archaeological resources and traditional cultural resources that exist in the project area. To meet this guideline, a reasonable buffer zone must be established around the affected resources or properties; all ground-disturbing activities shall be prohibited within the buffer zone. Buffer zones must preserve the integrity and context of cultural resources. They will vary in width depending on the eventual use of the project area, the type of cultural resources that are present, and the characteristics for which the cultural resources may be significant. A deed covenant, easement, or other appropriate mechanism shall be developed to ensure that the buffer zone and the cultural resources are protected.

(iv) An evaluation of significance shall be conducted if a project applicant decides not to avoid the affected cultural resource. In these instances, the reconnaissance survey and survey report shall be incorporated into the evaluation of significance.

(v) A historic survey demonstrates that the proposed use would not have an effect on historic buildings or structures.

(I) To demonstrate that the proposed use would not have an effect on historic buildings or structures, the historic survey must satisfy one of the following guidelines:

(A) The State Historic Preservation Officer concludes that the historic buildings or structures are clearly not significant, as determined by using the criteria in the “National Register Criteria for Evaluation” (36 CFR 60.4), or

(B) The proposed use would not compromise the historic or architectural character of the affected buildings or structures, or compromise features of the site that are important in defining the overall historic character of the affected buildings or structures, as determined by the guidelines and standards in The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior, 2017, or most recent revision).

(II) The historic survey conducted by the Gorge Commission may provide sufficient information to satisfy these guidelines. If it does not, architectural and building plans, photographs, and archival research may be required. The project applicant shall be responsible for providing information beyond that included in the survey conducted by the Gorge Commission.

(III) The historic survey and report must demonstrate that these guidelines have been clearly and absolutely satisfied. If the State Historic Preservation Officer or the Executive Director question whether these guidelines have been satisfied, the project applicant shall conduct an evaluation of significance.

(3) Evaluation of Significance

(a) Cultural resources are significant if one of the following criteria is satisfied:

(A) The cultural resources are included in, or eligible for inclusion in, the National Register of Historic Places. The criteria for evaluating the eligibility of cul¬tural resources for the National Register of Historic Places appear in the “National Register Criteria for Evaluation” (36 CFR 60.4). Generally, cultural resources must meet one or more of the following criteria. If a cultural resource meets one or more of the criteria, then it shall be assessed for integrity of location, design, setting, materials, workmanship, feeling, and association. If a cultural resource has the requisite integrity, then it would be eligible for the National Register of Historic Places.

(i) Have an association with events that have made a significant contribution to the broad patterns of the history of this region.

(ii) Have an association with the lives of persons significant in the past.

(iii) Embody the distinctive characteristics of a type, period, or method of construction, or represent the work of a master, or possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction.

(iv) Yield, or may be likely to yield, important precontact or historical information.

(B) The cultural resources are determined to be culturally significant by a tribal government, based on criteria developed by that tribal government.

(b) If cultural resources would be affected by a new use, an evaluation of their significance shall be conducted. Evaluations of significance shall meet the following guidelines:

(A) Evaluations of significance shall follow the procedures in How to Apply the National Register Criteria for Evaluation (U.S. Department of the Interior, 1997, or most recent version) and Guidelines for Evaluating and Documenting Traditional Cultural Properties (Parker and King, 1998, or most recent version). They shall be presented within local and regional contexts and shall be guided by previous research and current research designs that are relevant to specific research questions for the Columbia River Gorge.

(B) To evaluate the significance of cultural resources, the information gathered during the reconnaissance or historic survey may have to be supplemented. Detailed field mapping, subsurface testing, photographic documentation, laboratory analyses, and archival research may be required.

(C) The project applicant shall contact tribal governments and interested persons, as appropriate. Ethnographic research shall be undertaken as necessary to fully evaluate the significance of the cultural resources.

(D) The evaluation of significance shall follow the principles, guidelines, and report format recommended by the Oregon State Historic Preservation Office (Oregon SHPO) or Washington Department of Archaeology and Historic Preservation (Washington DAHP). It shall incorporate the results of the reconnaissance or historic survey and shall illustrate why each cultural resource is or is not significant. Findings shall be presented within the context of relevant local and regional research.

(E) All documentation used to support the evaluation of significance shall be cited. Evidence of consultation with tribal governments and other interested persons shall be presented. All comments, recommendations, and correspondence from tribal governments and interested persons shall be appended to the evaluation of significance.

(c) The Gorge Commission shall establish a Cultural Advisory Committee (CAC). The CAC shall comprise cultural resource professionals, interested individuals, and at least one representative from each of the four Indian tribes. If a project applicant’s and Indian tribal government’s evaluations of significance contradict, the Cultural Advisory Committee (CAC) shall review the applicant’s evaluation and Indian tribal government’s substantiated concerns. The CAC will submit a recommendation to the Executive Director as to whether affected cultural resources are significant.

(d) Notice of Evaluation Results

(A) If the evaluation of significance demonstrates that the cultural resources are not significant, the Executive Director shall submit a copy of the evaluation of significance to the State Historic Preservation Officer and the tribal governments for concurrence.

(B) The State Historic Preservation Officer, tribal governments, and interested persons shall have 30 calendar days from the date the evaluation of significance is mailed to submit written comments to the Executive Director. The Executive Director shall record and address all written comments in the development review order.

(e) Cultural Resources are Culturally Significant

(A) If a tribal government believes that the affected cultural resources are culturally significant, contrary to the evaluation submitted by the project applicant, the Cultural Advisory Committee (CAC) shall make an independent review of the applicant’s evaluation and the tribal government’s substantiated concerns. The CAC shall formulate a recommendation regarding the significance of the cultural resources.

(B) The tribal government shall substantiate its concerns in a written report. The report shall be submitted to the Executive Director, CAC, and the project applicant within 15 calendar days from the date the evaluation of significance is mailed. The CAC must submit its recommendation to the Executive Director within 30 calendar days from the date the evaluation of significance is mailed.

(f) Conclusion of the Cultural Resource Protection Process

(A) The Executive Director shall make a final decision on whether the affected resources are significant. If the final decision contradicts the comments or recommendations submitted by the State Historic Preservation Officer, a tribal government, or the CAC, the Executive Director shall justify how an opposing conclusion was reached.

(B) The cultural resource protection process may conclude if the affected cultural resources are not significant.

(C) If the project applicant or the Executive Director determines that the cultural resources are significant, the effects of the proposed use shall be assessed.

(4) Assessment of Effect

(a) If a use could potentially affect significant cultural resources, an assessment shall be made to determine if it would have no effect, no adverse effect, or an adverse effect. The assessment shall meet the following guidelines:

(A) The assessment of effect shall be based on the criteria published in “Protection of Historic Properties” (36 CFR 800.5) and shall incorporate the results of the reconnaissance or historic survey and the evaluation of significance. All documentation shall follow the requirements listed in 36 CFR 800.11.

(i) Proposed uses are considered to have an effect on cultural resources when they alter or destroy characteristics of the resources that make them significant (36 CFR 800. 5).

(ii) Proposed uses are considered to have an adverse effect when they may diminish the integrity of the cultural resource’s location, design, setting, materials, workmanship, feeling, or association (36 CFR 800. 5). Adverse effects on cultural resources include, but are not limited to:

(I) Physical destruction, damage, or alteration of all or part of the cultural resource.

(II) Isolation of the cultural resource from its setting or alteration of the character of the resource’s setting when that character contributes to the resource’s qualification as being significant.

(III) Introduction of visual, audible, or atmospheric elements that are out of character with the cultural resource or its setting.

(IV) Neglect of a significant cultural resource resulting in its deterioration or destruction, except as described in 36 CFR 800.5.

(B) The assessment of effect shall be prepared in consultation with tribal governments and interested persons, as appropriate. The concerns and recommendations voiced by tribal governments and interested persons shall be recorded and addressed in the assessment.

(C) The effects of a proposed use that would otherwise be determined to be adverse may be considered to be not adverse if any of the following instances apply:

(i) The cultural resources are of value only for their potential contribution to archeological, historical, or architectural research, and when such value can be substantially preserved through the conduct of appropriate research before development begins, and such research is conducted in accordance with applicable professional standards and guidelines.

(ii) The undertaking is limited to the rehabilitation of build¬ings and structures, and is conducted in a manner that preserves the historical and architectural character of affected cultural resources through conformance with The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior, 2017, or most recent revision).

(iii) The proposed use is limited to the transfer, lease, or sale of non-federal lands that contain cultural resources, and adequate restrictions or conditions are included to ensure preservation of the significant features of the resources.

(b) Notice of Assessment Results

(A) If the assessment of effect concludes that the proposed use would have no effect or no adverse effect on significant cultural resources, the Executive Director shall submit a copy of the assessment to the State Historic Preservation Officer and the tribal governments.

(B) The State Historic Preservation Officer, tribal governments, and interested persons shall have 30 calendar days from the date the assessment of effect is mailed to submit written comments to the Executive Director. The Executive Director shall record and address all written comments in the development review order.

(A) The Executive Director shall make a final decision on whether the proposed use would have no effect, no adverse effect, or an adverse effect. If the final decision contradicts the comments submitted by the State Historic Preservation Officer or a tribal government, the Executive Director shall justify how an opposing conclusion was reached.

(B) The cultural resource protection process may conclude if the proposed use would have no effect or no adverse effect on significant cultural resources.

(C) A mitigation plan shall be prepared if a project applicant or the Executive Director determines that the proposed use would have an adverse effect on significant cultural resources.

(5) Mitigation Plans

(a) Mitigation plans shall be prepared when proposed uses would have an adverse effect on significant cultural resources. The plans shall reduce an adverse effect to no effect or no adverse effect. Mitigation plans shall meet the following guidelines:

(A) Mitigation plans shall be prepared in consultation with persons who have concerns about or knowledge of the affected cultural resources, including tribal governments, Native Americans, local governments whose jurisdiction encompasses the project area, and the State Historic Preservation Officer.

(B) Avoidance of cultural resources through project design and modification is preferred. Avoidance may be effected by reducing the size, scope, configuration, and density of the proposed use.

(C) Alternative mitigation measures shall be used only if avoidance is not practicable. Alternative measures may include, but are not limited to, requiring a monitor during construction, burial under fill, stabilization, removal of the cultural resource to a safer place, and partial to full excavation and recordation. If the mitigation plan includes buffer zones to protect cultural resources, a deed covenant, easement, or other appropriate mechanism shall be developed and recorded in county deeds and records.

(D) Mitigation plans shall incorporate the results of the recon¬naissance or historic survey, the evaluation of significance, and the assessment of effect, and shall provide the documentation required in 36 CFR 800.11, including, but not limited to:

(i) A description and evaluation of any alternatives or mitigation measures that the project applicant proposes for reducing the effects of the proposed use.

(ii) A description of any alternatives or mitigation measures that were considered but not chosen and the reasons for their rejection.

(iii) Documentation of consultation with the State Historic Preservation Officer regarding any alternatives or mitigation measures.

(iv) A description of the project applicant’s efforts to obtain and consider the views of tribal governments, interested persons, and Executive Director.

(v) Copies of any written recommendations submitted to the Executive Director or project applicant regarding the effects of the proposed use on cultural resources and alternatives to avoid or reduce those effects.

(b) Notice of Mitigation Plan Results

(A) If a mitigation plan reduces the effect of a use from an adverse effect to no effect or no adverse effect, the Executive Director shall submit a copy of the mitigation plan to the State Historic Preservation Officer and the tribal governments.

(B) The State Historic Preservation Officer, tribal governments, and interested persons shall have 30 calendar days from the date the mitigation plan is mailed to submit written comments to the Executive Director. The Executive Director shall record and address all written comments in the development review order.

(A) The Executive Director shall make a final decision on whether the mitigation plan would reduce an adverse effect to no effect or no adverse effect. If the final decision contradicts the comments submitted by the State Historic Preservation Officer or a tribal government, the Executive Director shall justify how an opposing conclusion was reached.

(B) The cultural resource protection process may conclude if a mitigation plan would reduce an adverse effect to no effect or no adverse effect.

(C) The proposed use shall be prohibited when acceptable mitigation measures fail to reduce an adverse effect to no effect or no adverse effect.

(6) Cultural Resources Discovered After Construction Begins

(a) The following procedures shall be used when cultural resources are discovered during construction activities and shall be included as conditions of approval for all review uses.

(b) All survey and evaluation reports and mitigation plans shall be submitted to the Executive Director and the State Historic Preservation Officer. Tribal governments also shall receive a copy of all reports and plans if the cultural resources are precontact or otherwise associated with Native Americans.

(A) Halt of Construction. All construction activities within 100 feet of the discovered cultural resource shall cease. The cultural resources shall remain as found; further disturbance is prohibited.

(B) Notification. The project applicant shall notify the Executive Director within 24 hours of the discovery. If the cultural resources are precontact or otherwise associated with Native Americans, the project applicant shall also notify the tribal governments within 24 hours.

(C) Survey and Evaluation. The Gorge Commission shall survey the cultural resources after obtaining written permission from the landowner and appropriate permits from the State Historic Preservation Officer. (See ORS 358.905 to 358.955, and RCW 27.53). It shall gather enough information to evaluate the significance of the cultural resources. The survey and evaluation shall be documented in a report that generally follows the guidelines in 350-082-0620(2)(c) and 350-082-0620(3). Based on the survey and evaluation report and any written comments, the Executive Director shall make a final decision on whether the resources are significant. Construction activities may recommence if the cultural resources are not significant. A mitigation plan shall be prepared if the affected cultural resources are significant.

(D) Mitigation Plan. Mitigation plans shall be prepared according to the information, consultation, and report guidelines contained in the 350-082-0620(5). Construction activities may recommence when the conditions in the mitigation plan have been executed.

(7) Discovery of Human Remains

(a) The following procedures shall be used when human remains are discovered during a cultural resource survey or during construction, and shall be included as conditions of approval for all review uses.

(b) Human remains means articulated or disarticulated human skeletal remains, bones, or teeth, with or without attendant burial artifacts.

(A) Halt of Activities. All survey, excavation, and construction activities shall cease. The human remains shall not be disturbed any further.

(B) Notification. Local law enforcement officials, the Executive Director, and the tribal governments shall be contacted immediately. Do not contact any other entity other than those listed here.

(C) Inspection. The county coroner, or appropriate official, shall inspect the remains at the project site and determine if they are precontact, historic, or modern. Representatives from the tribal governments shall have an opportunity to monitor the inspection.

(D) Jurisdiction. If the remains are modern, the appropriate law enforcement officials shall assume jurisdiction and the cultural resource protection process may conclude.

(E) Treatment. In Oregon, precontact or historic remains of Native Americans shall generally be treated in accordance with the procedures set forth in ORS 97.740 to 97.760. In Washington, the procedures set forth in RCW 27.44 and 68.05 shall generally be implemented if the remains are precontact or historic.

(i) If the human remains will be reinterred or preserved in their original position, a mitigation plan shall be prepared in accordance with the consultation and report requirements specified in 350-082-0620(5).

(ii) The mitigation plan shall accommodate the cultural and religious concerns of Native Americans. The cultural resource protection process may conclude when the conditions set forth in 350-082-0620(5)(c) are met and the mitigation plan is executed.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0630 Special Management Area Cultural Resources Review Criteria

(1) General Guidelines for Implementing the Cultural Resources Protection Process

(a) All cultural resource information shall remain confidential, according to Section 6(a)(1)(A) of the National Scenic Area Act. Federal agency cultural resource information is also exempt by statute from the Freedom of Information Act under 16 USC § 470aa and 36 CFR 296.18.

(b) All cultural resource surveys, evaluations, assessments, and mitigation plans shall be performed by professionals whose expertise reflects the type of cultural resources that are involved. Principal investigators shall meet the professional standards published in 36 CFR 61.

(c) The Forest Service will be responsible for performing the literature review and consultation, inventory, evaluations of significance, assessments of effect, and mitigation requirements in 350-082-0630(4) for federal forest practices and National Forest System lands.

(d) New developments or land uses shall not adversely affect significant cultural resources.

(e) Determination of potential effects to significant cultural resources shall include consideration of cumulative effects of proposed developments that are subject to a reconnaissance or historic survey, a determination of significance, an assessment of effect, or a mitigation plan.

(2) The procedures and guidelines in 350-082-0630 shall be used to review all proposed developments and land uses other than those on all federal lands, federally assisted projects and federal forest practices.

(3) The procedures and guidelines in 36 CFR 800 and 350-082-0630(4) shall be used by the Executive Director and federal agencies to evaluate new developments or land uses on federal lands, federally assisted projects, and forest practices.

(4) The following procedures as well as the provisions in 36 CFR 800.4 for assessing potential effects to cultural resources and 36 CFR 800.5 for assessing adverse effects to cultural resources shall be used to assess potential effects to cultural resources.

(a) Literature Review and Consultation

(A) An assessment shall be made to determine if any cultural resources listed on the National Register of Historic Places at the national, state or county level exist on or within the area of potential direct and indirect impacts.

(B) A search shall be made of state and county government, National Scenic Area Forest Service and any other pertinent inventories, such as archives and photographs, to identify cultural resources, including consultation with the State Historic Preservation Office and tribal governments. State and tribal government response to the consultation request shall be allowed for 30 days.

(D) A field inventory by a cultural resource professional shall be required if the Forest Service determines that a recorded or known cultural resource exists on or within the immediate vicinity of a new development or land use, including those reported in consultation with the Tribal governments.

(b) Field Inventory

(A) Tribal representatives shall be invited to participate in the field inventory.

(B) The field inventory shall consist of one or the other of the following guidelines, as determined by the cultural resource professional:

(i) Complete survey: the systematic examination of the ground surface through a controlled procedure, such as walking an area in evenly spaced transects. A complete survey may also require techniques such as clearing of vegetation, augering or shovel probing of subsurface soils for the presence of buried cultural resources.

(ii) Sample survey: the sampling of an area to assess the potential of cultural resources within the area of proposed development or use. This technique is generally used for large or difficult to survey parcels, and is generally accomplished by a stratified random or non-stratified random sampling strategy. A parcel is either stratified by variables such as vegetation, topography or elevation, or by non-environmental factors such as a survey grid. Under this method, statistically valid samples are selected and surveyed to indicate the probability of presence, numbers and types of cultural resources throughout the sampling strata. Depending on the results of the sample, a complete survey may or may not subsequently be recommended.

(i) A narrative integrating the literature review of subsection (4)(a) above with the field inventory of subsection (4)(b) above.

(ii) A description of the field inventory methodology used, including the type and extent of field inventory, supplemented by maps which graphically illustrate the areas surveyed, not surveyed, and the rationale for each.

(iii) A statement of the presence or absence of cultural resources within the area of the new development or land use.

(iv) When cultural resources are not located, a statement of the likelihood of buried or otherwise concealed cultural resources shall be included. Recommendations and standards for monitoring, if appropriate, shall be included.

(D) The report shall follow the format specified by the Washington Department of Archaeology and Historic Preservation for inventories conducted in the State of Washington. Reports for inventories conducted in the State of Oregon shall follow the format specified by the Oregon State Historic Preservation Office.

(E) The field inventory report shall be presented to the Forest Service.

(A) When cultural resources are found within the area of the new development or land use, an evaluation of significance shall be completed for each cultural resource in accordance with to the criteria of the National Register of Historic Places (36 CFR 60.4).

(B) Evaluations of cultural resource significance shall be guided by previous and current research designs relevant to specific research questions for the area.

(C) Evaluations of the significance of traditional cultural properties shall follow National Register Bulletin 38, Guidelines for the Evaluation and Documentation of Traditional Cultural Properties, within local and regional contexts.

(D) Recommendations for eligibility to the National Register shall be completed for each identified resource, in accordance with National Register criteria A through D (36 CFR 60.4). The Forest Service shall review evaluations for adequacy.

(E) Evidence of consultation with tribal governments and individuals with knowledge of the cultural resources in the project area, and documentation of their concerns, shall be included as part of the evaluation of significance.

(F) An assessment of effect shall be required if the Forest Service determines that the inventoried cultural resources are significant.

(d) Assessment of Effect

(A) For each significant (i.e., National Register eligible) cultural resource inventoried within the area of the proposed development or change in use, assessments of effect shall be completed, using the criteria outlined in 36 CFR 800.5 (“Assessing Effects”). Evidence of consultation with tribal governments and individuals with knowledge of the cultural resources of the project area shall be included for subsections (4)(d)(B) through (4)(d)(D) below. The Forest Service shall review each determination for adequacy.

(B) If the proposed development or change in use will have “No Adverse Effect,” as defined by 36 CFR 800.4, to a significant cultural resource, documentation for that finding shall be completed, following the “Documentation Standards” of 36 CFR 800.11. If the proposed development or change in use will have an effect then the criteria of adverse effect must be applied (36 CFR 800.5).

(C) If the proposed development or change in use will have an “Adverse Effect” as defined by 36 CFR 800.5 to a significant cultural resource, the type and extent of “adverse effect” upon the qualities of the property that make it eligible for the National Register shall be documented (36 CFR 800.6 “Resolution of Adverse Effects”). This documentation shall follow the process outlined under 36 CFR 800.11 (“Failure to Resolve Adverse Effects).

(D) If the “effect” appears to be beneficial (i.e., an enhancement to cultural resources), documentation shall be completed for the recommendation of that effect upon the qualities of the cultural resource that make it eligible to the National Register. This documentation shall follow the process outlined under 36 CFR 800.11 (“Documentation Standards”).

(e) Mitigation

(A) If there will be an effect on cultural resources, measures shall be provided for mitigation of effects (36 CFR 800.6 “Resolution of Adverse Effects”). These measures shall address factors such as avoidance of the property through project design or modification and subsequent protection, burial under fill, data recovery excavations, or other measures which are proposed to mitigate effects.

(B) Evidence of consultation with tribal governments and individuals with knowledge of the resources to be affected, and documentation of their concerns, shall be included for all mitigation proposals.

(5) Discovery During Construction. All authorizations for new developments or land uses shall be conditioned to require the immediate notification of the Forest Service or the Executive Director if cultural resources are discovered during construction or development.

(a) If cultural resources are discovered, particularly human bone or burials, work in the immediate area of discovery shall be suspended until a cultural resource professional can evaluate the potential significance of the discovery and recommend measures to protect and if possible recover the resource.

(b) If the discovered material is suspected to be human bone or a burial, the following procedure shall be used:

(A) The applicant shall stop all work in the vicinity of the discovery.

(B) The applicant shall immediately notify the Executive Director, the Forest Service, the applicant’s cultural resource professional, the State Medical Examiner, and appropriate law enforcement agencies.

(C) The Forest Service or the Executive Director shall notify the tribal governments if the discovery is determined to be an Indian burial or a cultural resource.

(D) A cultural resource professional shall evaluate the potential significance of the resource pursuant to 350-082-0630(4)(c) and report the results to the Forest Service or the Executive Director.

(c) The cultural resource review process shall be complete and work may continue if the Forest Service or the Executive Director determines that the cultural resource is not significant.

(d) The cultural resource professional shall recommend measures to protect and if possible recover the resource pursuant to 350-082-0630(4)(e) if the Forest Service or the Executive Director determines that the cultural resource is significant.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0640 General Management Area Water Resources (Wetlands, Streams, Ponds, Lakes, and Riparian Areas) Criteria

(1) Wetlands Boundaries and Site Plans for Review Uses in Wetlands

(a) If the proposed use is within a wetland or wetlands buffer zone, the applicant shall be responsible for determining the exact location of the wetland boundary.

(A) The approximate location and extent of wetlands in the National Scenic Area is shown on the National Wetlands Inventory (U.S. Department of the Interior) as well as local wetlands inventories produced by state or local governments. In addition, the list of hydric soils and the soil survey maps shall be used as an indicator of wetlands. Some wetlands may not be shown on the wetlands inventory or soil survey maps. Wetlands that are discovered during an inspection of a potential project site shall be delineated and protected.

(B) The project applicant shall be responsible for using the procedures specified in the Corps of Engineers Wetlands Delineation Manual (Wetlands Research Program Technical Report Y-87-1, on-line edition) and applicable Regional Supplements as may be revised from time to time. All wetlands delineations shall be conducted by a professional who has been trained to use the federal delineation procedures.

(b) The Executive Director may verify the accuracy of, and may render adjustments to, a wetlands boundary delineation. If the project applicant contests the Executive Director’s verification or an adjustment, the Executive Director shall obtain professional services to render a final delineation, at the project applicant’s expense.

(c) In addition to the information required in all site plans, site plans for proposed uses in water resources, or their buffer zones, shall include:

(A) a site plan map prepared at a scale of one inch equals 100 feet (1:1,200), or a scale providing greater detail;

(B) the exact boundary of the water resource, ordinary high water mark, or normal pool elevation, and the buffer zone; and

(2) Commission Rule 350-082-0640 shall not apply to proposed uses that would occur in the main stem of the Columbia River. The main stem of the Columbia River is defined by the Ordinary High Water Mark or Normal Pool Elevation and generally depicted on the map titled “Boundary Map, Columbia River Gorge National Scenic Area,” numbered NSA-001 and dated September 1986. This map is available at county planning departments and Gorge Commission and Forest Service offices. Backwaters and isolated water bodies created by roads and railroads are not part of the main stem of the Columbia River.

(3) Review Uses in Wetlands.

(a) The following uses may be allowed in wetlands, subject to compliance with 350-082-0600 through 350-082-0720 and subsection (b) below.

(A) The modification, expansion, replacement, or reconstruction of serviceable transportation or other public infrastructure (this does not include private roads and driveways), if such actions would not:

(i) Increase the size of an existing structure by more than 100 percent;

(ii) Result in a loss of water resource functions; and

(iii) Result in a loss of water quality, natural drainage, and fish and wildlife habitat.

(B) The construction, modification, expansion, replacement, or reconstruction of minor water-related recreation structures that are available for public use. Structures in this category shall be limited to: boardwalks; observation decks; interpretative aids, such as kiosks and signs; and trails and paths, provided their surface is not constructed of impervious materials.

(C) The construction, modification, expansion, replacement, or reconstruction of minor water-dependent structures that are placed on pilings, if the pilings allow unobstructed flow of water and are not placed so close together that they effectively convert an aquatic area to dry land. Structures in this category shall be limited to public and private docks and boat houses, and fish and wildlife management structures that are constructed by federal, state, or tribal government resource agencies.

(b) The uses listed in subsection (a) above may be allowed only if they meet all of the following criteria:

(A) Practicable alternatives for locating the structure outside of the wetland do not exist.

(B) All reasonable measures have been applied to ensure that the use will result in the minimum loss of wetlands and in the minimum degradation of ecological functions, water quality, existing contour, vegetation, fish and wildlife resources, and hydrology.

(C) The use will be constructed using best management practices. Best management practices can include measures to prevent soil erosion, the introduction and spread of invasive plants and aquatic species, and other impacts to plants, wildlife, soil, and water. Boardwalks and observation decks shall be constructed using non-toxic materials to protect water quality.

(D) Areas disturbed during construction of the use will be rehabilitated to the maximum extent practicable.

(E) The use complies with 350-082-0640(5)(b).

(F) Proposed uses in wetlands shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited.

(G) The use complies with all applicable federal, state, and local laws.

(4) Review Uses in Water Resources (Except Wetlands), and Water Resource Buffer Zones (Including Wetlands Buffer Zones)

(a) The following uses may be allowed in water resources (except wetlands), and may be allowed in all water resource buffer zones (including wetlands buffer zones), subject to compliance with 350-082-0600 through 350-082-0720 and subsection (b) below.

(A) The modification, expansion, replacement, or reconstruction of serviceable structures, if such actions would not:

(i) Increase the size of an existing structure by more than 100 percent;

(ii) Result in a loss of water resources acreage or functions;

(iii) Result in a loss of water quality, natural drainage, and fish and wildlife habitat; and

(iv) Intrude further into water resources or water resources buffer zone. New structures shall be considered intruding further into a water resource or associated buffer zone if any portion of the structure is located closer to the water resource or buffer zone than the existing structure.

(b) The uses listed in subsection (a) above may be allowed only if they meet all of the following criteria:

(A) Practicable alternatives for locating the structure outside of the water resource or buffer zone do not exist.

(B) All reasonable measures have been applied to ensure that the structure will result in the minimum alteration or degradation of ecological functions, water quality, existing contour, vegetation, fish and wildlife resources, and hydrology.

(C) The structure will be constructed using best management practices. Best management practices can include measures to prevent soil erosion, the introduction and spread of invasive plants and aquatic species, and other impacts to plants, wildlife, soil, and water. Boardwalks and observation decks shall be constructed using non-toxic materials to protect water quality.

(D) Areas disturbed during construction of the structure will be rehabilitated to the maximum extent practicable.

(E) Proposed uses in water resources and their buffer zones shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited.

(F) The structure complies with all applicable federal, state, and local laws.

(5) Uses Not Allowed Outright or Listed in Guidelines (3)(a) and (4)(a)

(a) Uses that are not allowed outright or listed in subsections (3)(a) and (4)(a) above, may be allowed in water resources (except wetlands) and in all water resources buffer zones (including wetland buffer zones), subject to compliance with 350-082-0600 through 350-082-0720 and subsection (b) below. These provisions do not apply to uses listed in subsections (3)(a) and (4)(a) that cannot meet the criteria in subsections (3)(b) and (4)(b).

(b) The uses identified in subsection (a) above may be allowed only if they meet all of the following criteria:

(A) The proposed use is water-dependent, or is not water-dependent but has no practicable alternative as determined by 350-082-0680.

(B) The proposed use is in the public interest. All of the following factors shall be considered when determining if a proposed use is in the public interest:

(i) The extent of public need for the proposed use. For uses in wetlands, public need is limited to uses necessary to alleviate a current public safety issue supported by evidence establishing the safety issue.

(ii) The extent and permanence of beneficial or detrimental effects that the proposed use may have on the public and private uses for which the property is suited.

(iii) The functions and size of the water resource that may be affected.

(iv) The economic value of the proposed use to the general area.

(v) The ecological value of the water resource and probable effect on public health and safety, fish, plants, and wildlife.

(C) Measures will be applied to ensure that the proposed use results in the minimum feasible alteration of the resource. As a starting point, the following measures shall be considered when new development and uses are proposed in water resources or buffer zones:

(i) Ecological functions, contour, and hydrology shall be maintained. Nonstructural controls and natural processes shall be used to the greatest extent possible.

(ii) Construction shall occur during periods when fish and wildlife are least sensitive to disturbance. Work in streams, ponds, and lakes shall be conducted during the periods specified in Oregon or Washington state’s published guidelines for in-water work, or as advised by the applicable Department of Fish and Wildlife.

(iii) All vegetation shall be retained to the greatest extent practicable, including wetland, aquatic, and riparian vegetation.

(iv) Bridges, roads, pipelines and utility corridors, and other water crossings shall be minimized and should serve multiple purposes and properties.

(v) Stream channels shall not be placed in culverts unless absolutely necessary for property access. Bridges are preferred for water crossings to reduce disruption to streams, ponds, lakes, and their banks. When culverts are necessary, oversized culverts with open bottoms that maintain the channel’s width and grade should be used. State agencies with permitting responsibility for culverts shall be consulted.

(vi) Temporary and permanent control measures shall be applied to minimize erosion and sedimentation when water resource areas are disturbed, such as slope netting, berms and ditches, tree protection, sediment barriers, infiltration systems, and culverts.

(vii) Measures shall be taken to prevent the introduction or spread of invasive plants or aquatic species.

(D) Groundwater and surface-water quality will not be degraded by the proposed use.

(E) Those portions of a proposed use that are not water-dependent or that have a practicable alternative will not be located in water resources or buffer zones.

(F) The proposed use complies with all applicable federal, state, and local laws.

(G) Areas that are disturbed during construction of the proposed use will be rehabilitated. When a project area cannot be completely restored or rehabilitated, such as when a boat launch permanently displaces aquatic and riparian areas, enhancement shall also be required.

(H) Proposed uses in water resources and their buffer zones shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited.

(I) Unavoidable impacts to water resources will be offset through the deliberate restoration, creation, or enhancement of impacted resources. Restoration, creation, and enhancement are not alternatives to the guidelines listed above; they shall be used only as a last resort to offset unavoidable water resource impacts.

(J) Restoration, creation, and enhancement shall improve water quality, natural drainage, and fish and wildlife habitat of the affected wetland, stream, pond, lake, or buffer zone. When a project area has been disturbed in the past, it shall be rehabilitated to its natural condition to the maximum extent practicable. The following water resource guidelines shall apply:

(i) Impacts to wetlands shall be offset by restoring or creating new wetlands or by enhancing degraded wetlands. Wetlands restoration shall be the preferred approach when wetlands are impacted.

(ii) Water resources restoration and enhancement shall be conducted in accordance with a wetlands compensation plan or water resources mitigation plan. Voluntary enhancement project applications shall be encouraged. See 350-082-0460 and Part III, Chapter 4: Enhancement Strategies in the Management Plan.

(iii) Water resources shall be replanted with native plant species that replicate the original vegetation community.

(iv) Natural hydrologic conditions shall be replicated, including current patterns, circulation, velocity, volume, and normal water fluctuation.

(v) Natural stream channel and shoreline dimensions shall be replicated, including depth, width, length, cross-sectional profile, and gradient. Riparian areas shall be rehabilitated to their original configuration, including slope and contour.

(vi) The bed of the affected aquatic area shall be rehabilitated with materials appropriate for the channel and hydrologic features.

(vii) Fish and wildlife habitat features shall be replicated, including pool-riffle ratios, substrata, and structural habitat features including large woody debris and boulders.

(viii) Rehabilitation and enhancement efforts shall be completed no later than 90 days after the water resource or buffer zone has been altered, or as soon thereafter as is practicable.

(ix) The size of replacement wetlands shall equal or exceed the following ratios. The first number specifies the required acreage of replacement wetlands, and the second number specifies the acreage of wetlands altered.

(I) Restoration: 2:1

(II) Creation: 3:1

(III) Enhancement: 4:1

(x) Replacement wetlands shall replicate the functions of the wetlands that will be altered such that improvement of wetlands functions occurs.

(xi) Replacement wetlands should replicate the type of wetland that will be altered. If this standard is not feasible or practical because of technical constraints, a wetland type of equal or greater benefit may be substituted, provided that improvement of wetlands functions occurs.

(xii) Wetlands restoration, creation, or enhancement should occur within 1,000 feet of the affected wetland. If this guideline is not practicable because of physical, or technical constraints, replacement shall occur within the same watershed and as close to the altered wetland as practicable.

(xiii) Restoration, creation, and enhancement efforts should be completed before a water resource is altered. If it is not practicable to complete all restoration, creation, and enhancement efforts before the water resource is altered, these efforts shall be completed before the new use is occupied or used.

(xiv) Five years after a wetland is restored, created, or enhanced, or three years after a stream, pond, lake, or riparian area is restored, at least 75 percent of the replacement vegetation shall survive. The project applicant shall monitor the hydrology and vegetation of the replacement water resource, provide reports, and shall take corrective measures to ensure that it conforms with the approved wetlands compensation plan or water resources mitigation plan and this guideline.

(6) Water Resources Buffer Zones

(a) All water resources shall, in part, be protected by establishing undisturbed buffer zones as specified below. Except as otherwise allowed, water resources buffer zones shall be retained in their natural condition. When a buffer zone is disturbed by a new use, it shall be replanted with native plant species.

(b) Buffer zones shall be measured outward from the bank full flow boundary for streams, the high water mark for ponds, lakes, the ordinary high water mark for the Columbia River below Bonneville Dam, the normal pool elevation for the main stem Columbia River above Bonneville Dam, and the wetland delineation boundary (see 350-082-0640(1) for wetland delineation boundary requirements) for wetlands. Measurement shall be on a horizontal scale that is perpendicular to the water resource boundary.

(c) The project applicant shall be responsible for determining the exact location of the bank full flow boundary, high water mark, ordinary high water mark, normal pool elevation, or wetland delineation boundary. The Executive Director may verify the accuracy of and render adjustments to the applicant’s determination. If the project applicant contests the Executive Director’s verification or an adjustment, the Executive Director shall obtain professional services to render a final delineation, at the project applicant’s expense.

(d) The width of wetlands, lakes, and ponds buffer zones shall be based on the dominant vegetation community that exists in a buffer zone.

(A) The dominant vegetation community in a buffer zone is the vegetation community that covers the most surface area of that portion of the buffer zone that lies between the proposed activity and the affected wetland. Vegetation communities are classified as forest, shrub, or herbaceous.

(i) A forest vegetation community is characterized by trees with an average height equal to or greater than 20 feet, accompanied by a shrub layer; trees must form a canopy cover of at least 40 percent and shrubs must form a canopy cover of at least 40 percent. A forest community without a shrub component that forms a canopy cover of at least 40 percent shall be considered a shrub vegetation community.

(ii) A shrub vegetation community is characterized by shrubs and trees that are greater than three feet tall and form a canopy cover of at least 40 percent.

(iii) A herbaceous vegetation community is characterized by the presence of herbs, including grass and grasslike plants, forbs, ferns, and nonwoody vines.

(B) The following buffer zone widths wetlands, lakes and ponds shall be required:

(i) Forest communities: 75 feet

(ii) Shrub communities: 100 feet

(iii) Herbaceous communities: 150 feet

(e) The width of buffer zones for the following streams, identified by the Environmental Protection Agency in 2019 as priority cold water refuge fish habitat streams: Sandy River, Wind River, Little White Salmon, White Salmon, Hood River, Klickitat River, and Deschutes River, shall be 200 feet.

(f) The width of buffer zones for streams used by anadromous or resident fish (tributary fish habitat), special streams, intermittent streams that include year-round pools, and perennial streams shall be 100 feet.

(g) The width of buffer zones for intermittent streams, provided they are not used by anadromous or resident fish, shall be 50 feet.

(7) Wetlands Compensation Plans. Wetlands compensation plans shall be prepared when a project applicant is required to restore, create, or enhance wetlands. A written plan addressing the guidelines in this section is also required for voluntary enhancement projects. All wetlands compensation plans must be approved by the Executive Director after consultation with federal and state agencies with jurisdiction over wetlands. They shall satisfy the following guidelines and any others required by federal and state agencies:

(a) Wetlands compensation plans shall be prepared by a qualified professional hired by a project applicant. They shall provide for land acquisition, construction, maintenance, and monitoring of replacement wetlands.

(b) Wetlands compensation plans shall include an ecological assessment of the wetland that will be altered and the wetland that will be restored, created, or enhanced. The assessment shall include information on flora, fauna, hydrology, and wetlands functions.

(c) Compensation plans shall also assess the suitability of the proposed site for establishing a replacement wetland, including a description of the water source and drainage patterns, topography, wildlife habitat opportunities, and value of the existing area to be converted.

(d) Plan view and cross-sectional, scaled drawings; topographic survey data, including elevations at contour intervals no greater than one foot, slope percentages, and final grade elevations; and other technical information shall be provided in sufficient detail to explain and illustrate:

(A) Soil and substrata conditions, grading, and erosion and sediment control needed for wetland construction and long-term survival.

(B) Planting plans that specify native plant species, quantities, size, spacing, or density; source of plant materials or seeds; timing, season, water, and nutrient requirements for planting; and where appropriate, measures to protect plants from predation.

(C) Water-quality parameters, water source, water depths, water-control structures, and water-level maintenance practices needed to achieve the necessary hydrologic conditions.

(e) A five-year monitoring, maintenance, and replacement program shall be included in all plans. At a minimum, a project applicant shall provide an annual report that documents milestones, successes, problems, and contingency actions. Photographic monitoring stations shall be established and photographs shall be used to monitor the replacement wetland.

(f) A project applicant shall demonstrate sufficient fiscal, technical, and administrative competence to successfully execute a wetlands compensation plan.

(8) Water Resources Mitigation Plans. Mitigation plans shall be prepared when a project applicant is required to rehabilitate or enhance a stream, pond, lake, or buffer zone. A written plan addressing the guidelines in this section is also required for voluntary enhancement projects. Plans shall satisfy the following guidelines and any others required by federal and state agencies:

(a) Mitigation plans are the responsibility of the project applicant; they shall be prepared by qualified professionals.

(b) All plans shall include an assessment of the physical characteristics and natural functions of the affected stream, pond, lake, or buffer zone. The assessment shall include hydrology, flora, and fauna.

(c) Plans shall include plan view and cross-sectional, scaled drawings; topographic survey data, including elevations at contour intervals of at least two feet, slope percentages, and final grade elevations; and other technical information in sufficient detail to explain and illustrate:

(A) Soil and substrata conditions, grading and excavation, and erosion and sediment control needed to successfully rehabilitate and enhance the stream, pond, lake, and buffer zone.

(C) Water quality parameters, construction techniques, management measures, and design specifications needed to maintain hydrologic conditions and water quality.

(d) A minimum 3-year monitoring, maintenance, and replacement program shall be included in all mitigation plans. At a minimum, a project applicant shall prepare an annual report that documents milestones, successes, problems, and contingency actions. Three years after an aquatic area or buffer zone is rehabilitated or enhanced, at least 75 percent of the replacement vegetation shall survive. The project applicant shall monitor the replacement vegetation and take corrective measures to meet this guideline. Photographic monitoring shall be used to monitor all rehabilitation and enhancement efforts.

(e) A project applicant shall demonstrate sufficient fiscal, administrative, and technical competence to successfully execute and monitor a mitigation plan.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0650 General Management Area Sensitive Wildlife Review Criteria

(1) Review Uses and Site Plans

(a) Except uses allowed outright, proposed uses may be allowed within 1,000 feet of a Priority Habitat or sensitive wildlife site, subject to compliance with 350-082-0600 through 350-082-0720 and section (3) below. Priority Habitats are listed in 350-082-0690 Table 1 – Priority Habitats.

(b) The approximate locations of sensitive wildlife sites are maintained by the Gorge Commission, Forest Service, and state wildlife agencies. State wildlife biologists will help determine if a new use would adversely affect a Priority Habitat or sensitive wildlife site.

(c) Proposed uses within 1,000 feet of a Priority Habitat or sensitive wildlife site shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited.

(d) In addition to the information required in all site plans, uses within 1,000 feet of a Priority Habitat or sensitive wildlife site shall include a map prepared at a scale of one inch equals 100 feet (1:1,200), or a scale providing greater detail.

(2) Field Survey

(a) A field survey to identify Priority Habitat or sensitive wildlife sites shall be required for:

(A) Land divisions that create four or more parcels;

(B) Recreation facilities that contain parking areas for more than ten cars, overnight camping facilities, boat ramps, and visitor information and environmental education facilities;

(D) Electric facilities, lines, equipment, and appurtenances that are 33 kilovolts or greater; and

(E) Communications, water and sewer, and natural gas transmission (as opposed to distribution) lines, pipes, equipment, and appurtenances and other project related activities, except when all of their impacts will occur inside previously disturbed road, railroad or utility corridors, or existing developed utility sites, that are maintained annually.

(b) Field surveys shall cover all areas affected by the proposed use or recreation development. They shall be conducted by a professional wildlife biologist hired by the project applicant. All Priority Habitat and sensitive wildlife sites discovered in a project area shall be described and shown on the site plan map.

(3) Uses that are proposed within 1,000 feet of a Priority Habitat or sensitive wildlife site shall be reviewed as follows:

(a) The Executive Director shall submit site plans to the Oregon Department of Fish and Wildlife or the Washington Department of Fish and Wildlife. State wildlife biologists will review the site plan and their field survey records and:

(A) Identify or verify the precise location of the Priority Habitat or sensitive wildlife site;

(B) Ascertain whether the sensitive wildlife site is active or abandoned; and

(C) Determine if the proposed use may compromise the integrity of the wildlife habitat or site or occur during the time of the year when wildlife species are sensitive to disturbance, such as nesting or rearing seasons. In some instances, state wildlife biologists may conduct field surveys to verify wildlife data and assess the potential effects of a proposed use.

(b) Oregon white oak shall not be removed if practicable alternatives exist. If no practicable alternative exists, a wildlife survey and mitigation plan shall be required. This guideline shall not apply to forest practices that are otherwise allowed and that do not violate conditions of approval for other approved uses.

(A) Biology of the affected wildlife species;

(B) Published guidelines regarding the protection and management of the affected wildlife species. For example, the Oregon Department of Forestry has prepared technical papers that include management guidelines for osprey and great blue heron and the Washington Department of Fish and Wildlife has prepared similar guidelines for a variety of species, including the western pond turtle, the peregrine falcon, Oregon white oak and the Larch Mountain salamander;

(D) Historic, current, and proposed uses in the vicinity of the Priority Habitat or sensitive wildlife site; and

(E) Existing condition of the Priority Habitat or sensitive wildlife site and the surrounding habitat.

(d) The wildlife protection process may conclude if the Executive Director, in consultation with the state wildlife agency, determines:

(A) The sensitive wildlife site is not active; or

(B) The proposed use would not compromise the integrity of the Priority Habitat or sensitive wildlife site or occur during the time of the year when wildlife species are sensitive to disturbance.

(e) If the Executive Director, in consultation with the state wildlife agency, determines that the proposed use would have only minor effects on the Priority Habitat or sensitive wildlife site that could be eliminated through measures recommended by the state wildlife biologist, or by simply modifying the site plan or regulating the timing of new uses, a letter shall be sent to the applicant that describes the effects and measures needed to eliminate them. If the project applicant accepts these recommendations, the Executive Director will incorporate them into the Executive Director’s decision and the wildlife protection process may conclude.

(f) The project applicant shall prepare a wildlife mitigation plan if the Executive Director, in consultation with the state wildlife agency, determines that the proposed use would adversely affect a Priority Habitat or sensitive wildlife site and the effects of the proposed use cannot be eliminated through site plan modifications or project timing.

(g) The Executive Director shall submit a copy of all field surveys and wildlife mitigation plans to Oregon Department of Fish and Wildlife or Washington Department of Fish and Wildlife. The state wildlife agency will have 30 days from the date that a field survey or management plan is mailed to submit written comments to the Executive Director.

(h) The Executive Director shall record and address any written comments submitted by the state wildlife agency in the Executive Director’s decision.

(i) Based on the comments from the state wildlife agency, the Executive Director will make a final decision on whether the proposed use would be consistent with the wildlife policies and guidelines. If the final decision contradicts the comments submitted by the state wildlife agency, the Executive Director shall justify how the opposing conclusion was reached.

(j) The Executive Director shall require the project applicant to revise the wildlife mitigation plan as necessary to ensure that the proposed use would not adversely affect a Priority Habitat or sensitive wildlife site.

(k) If the Executive Director discovers a new protected wildlife location during the review process, the Executive Director shall submit this information to the appropriate state agency to be updated in its species databases.

(4) Wildlife Mitigation Plans

(a) Wildlife mitigation plans shall be prepared when a proposed use is likely to adversely affect a Priority Habitat or sensitive wildlife site. Their primary purpose is to document the special characteristics of a project site and the habitat requirements of affected wildlife species. This information provides a basis for the project applicant to redesign the proposed use in a manner that protects Priority Habitats and sensitive wildlife sites, maximizes their development options, mitigates temporary impacts to the sensitive wildlife site or buffer zone, and offsets unavoidable negative impacts to Priority Habitats and sensitive wildlife sites.

(b) Wildlife mitigation plans shall meet the following guidelines:

(A) Wildlife mitigation plans shall be prepared by a professional wildlife biologist hired by the project applicant.

(B) All relevant background information shall be documented and considered, including biology of the affected species, published protection and management guidelines, physical characteristics of the subject parcel, past and present use of the subject parcel, and habitat value of the wildlife site.

(C) Where applicable, the core habitat of the rare wildlife species shall be delineated. It shall encompass the sensitive wildlife site and the attributes, or key components, that are essential to maintain the long-term use and integrity of the wildlife site.

(D) A wildlife buffer zone shall be employed. It shall be wide enough to ensure that the core habitat is not adversely affected by new uses, or natural forces, such as fire and wind. Buffer zones shall be delineated on the site plan map and shall reflect the physical characteristics of the project site and the biology of the affected species.

(E) The size, scope, configuration, or density of new uses within the core habitat and the wildlife buffer zone shall be regulated to protect the rare wildlife species. The timing and duration of all uses shall also be regulated to ensure that they do not occur during the time of the year when wildlife species are sensitive to disturbance. The following shall apply:

(i) New uses shall generally be prohibited within the core habitat. Exceptions may include uses that have temporary and negligible effects, such as the installation of minor underground utilities or the maintenance of existing structures.

(ii) Intensive uses shall be generally prohibited in wildlife buffer zones. Such uses may be conditionally authorized when a wildlife area or site is inhabited seasonally, provided they will have only temporary effects on the wildlife buffer zone and rehabilitation or enhancement will be completed before a particular species returns.

(F) Rehabilitation or enhancement shall be required when new uses are authorized within wildlife buffer zones. When a buffer zone has been altered in the past, it shall be rehabilitated to its natural condition to the maximum extent practicable. When complete rehabilitation is not possible, such as when new structures permanently displace wildlife habitat, enhancement shall also be required. Enhancement shall achieve a no net loss of the integrity of the wildlife area or site. Rehabilitation and enhancement actions shall be documented in the wildlife mitigation plan and shall include a map and text.

(G) The applicant shall prepare and implement a 3-year monitoring plan when the affected Priority Habitat or sensitive wildlife site is occupied by a species that is listed as endangered or threatened pursuant to federal or state wildlife lists. It shall include an annual report and shall track the status of the Priority Habitat or sensitive wildlife site and the success of rehabilitation or enhancement actions.

(H) At the end of three years, rehabilitation and enhancement efforts may conclude if they are successful. In instances where rehabilitation and enhancement efforts have failed, the monitoring process shall be extended until the applicant satisfies the wildlife mitigation plan guidelines.

(5) New fences in deer and elk winter range

(a) New fences in deer and elk winter range may be allowed only when necessary to control livestock or exclude wildlife from specified areas, such as gardens or sensitive wildlife sites. The areas fenced shall be the minimum necessary to meet the immediate needs of the project applicant.

(b) New and replacement fences that are allowed in winter range shall comply with the guidelines in the Forest Service document, Specifications for Structural Range Improvements (Sanderson, et al. 1990), as summarized below and as may be revised from time to time, unless the applicant demonstrates the need for an alternative design. To allow deer and other wildlife safe passage:

(A) To make it easier for deer to jump over the fence, the top wire shall not be more than 42 inches high.

(B) The distance between the top two wires is critical for adult deer because their hind legs often become entangled between these wires. A gap of at least ten inches shall be maintained between the top two wires to make it easier for deer to free themselves if they become entangled.

(C) The bottom wire shall be at least 16 inches above the ground to allow fawns to crawl under the fence. It should consist of smooth wire because barbs often injure animals as they crawl under fences.

(D) Stays, or braces placed between strands of wire, shall be positioned between fences posts where deer are most likely to cross. Stays create a more rigid fence, which allows deer a better chance to wiggle free if their hind legs become caught between the top two wires.

(c) Woven wire fences may be authorized only when it is clearly demonstrated that such a fence is required to meet specific and immediate needs, such as controlling hogs and sheep.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0660 General Management Area Rare Plant Review Criteria

(1) Review Uses and Site Plans

(a) Except uses allowed outright, proposed uses may be allowed within 1,000 feet of a rare plant, subject to compliance with 350-082-0600 through 350-082-0720 and section (3) below.

(b) The approximate locations of rare plants are shown in rare plant species data maintained by the Oregon Biodiversity Information Center and the Washington Natural Heritage Program. State heritage staff will help determine if a new use would invade the buffer zone of rare plants. Endemic plants species shown in 350-082-0690 Table 2 - Columbia Gorge and Vicinity Endemic Plant Species are considered rare plants even if not contained in the state heritage data.

(c) Proposed uses within 1,000 feet of a rare plant shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited.

(d) In addition to the information required in all site plans, uses within 1,000 feet of a rare plant site shall include a map prepared at a scale of one inch equals 100 feet (1:1,200) or a scale providing greater detail.

(2) Field Survey

(a) A field survey to identify rare plants shall be required for:

(A) Land divisions that create four or more parcels;

(B) Recreation facilities that contain parking areas for more than ten cars, overnight camping facilities, boat ramps, or visitor information and environmental education facilities;

(D) Electric facilities, lines, equipment, and appurtenances that are 33 kilovolts or greater; and

(b) Field surveys shall cover all areas affected by the proposed use or recreation facility. They shall be conducted by a person with recognized expertise in botany or plant ecology hired by the project applicant. They shall be conducted when plants are expected to be flowering or most easily detectable. Field surveys shall identify the precise location of the rare plants and delineate a 200-foot buffer zone. The results of a field survey shall be shown on the site plan map and kept confidential as required by state law.

(3) Uses that are proposed within 1,000 feet of a rare plant shall be reviewed as follows:

(a) The Executive Director shall submit site plans to the Oregon Biodiversity Information Center or Washington Natural Heritage Program. State heritage staff will review the site plan and their field survey records and identify the precise location of the affected plants and delineate a 200-foot buffer zone on the project applicant’s site plan.

(b) If the field survey records of the state heritage program are inadequate, the project applicant shall hire a person with recognized expertise in botany or plant ecology to ascertain the precise location of the affected plants.

(c) The rare plant protection process may conclude if the Executive Director, in consultation with the state heritage staff, determines that the proposed use would be located outside of a rare plant buffer zone.

(d) New uses shall be prohibited within rare plant buffer zones, except for those uses that are allowed outright.

(e) If a proposed use must be allowed within a rare plant buffer area in accordance with 350-082-0590, the project applicant shall prepare a mitigation plan pursuant to section (4) below.

(f) The Executive Director shall submit a copy of all field surveys and mitigation plans to the Oregon Biodiversity Information Center or Washington Natural Heritage Program. The state heritage staff will have 20 days from the date that a field survey is mailed to submit written comments to the Executive Director.

(g) The Executive Director shall record and address any written comments submitted by the state heritage staff in the Executive Director’s decision.

(h) Based on the comments from the state heritage staff, the Executive Director will make a final decision on whether the proposed use would be consistent with the rare plant guidelines. If the final decision contradicts the comments submitted by the state heritage staff, the Executive Director shall justify how the opposing conclusion was reached.

(4) Rare Plant Mitigation Plans

(a) Rare plant mitigation plans shall minimize and offset unavoidable impacts that result from a new use that occurs within a rare plant buffer zone as the result of a variance.

(b) Rare plant mitigation plans shall meet the following guidelines:

(A) Rare plant mitigation plans shall be prepared by a professional botanist or plant ecologist hired by the project applicant.

(B) Construction, protection, and rehabilitation activities shall occur during the time of the year when ground disturbance will be minimized and protection, rehabilitation, and replacement efforts will be maximized.

(C) Rare plants that will be altered shall be transplanted or replaced, to the maximum extent practicable. Replacement is used here to mean the establishment of a particular plant species in areas of suitable habitat not affected by new uses. Replacement may be accomplished by seeds, cuttings, or other appropriate methods.

(D) Replacement shall occur as close to the original plant site as practicable. The project applicant shall ensure that at least 75 percent of the replacement plants survive three years after the date they are planted.

(E) Rare plants and their surrounding habitat that will not be altered shall be protected and maintained. Appropriate protection and maintenance techniques shall be applied, such as fencing, conservation easements, livestock management, and noxious weed control.

(F) Habitat of a rare plant that will be affected by temporary uses shall be rehabilitated to a natural condition.

(G) Protection efforts shall be implemented before construction activities begin. Rehabilitation efforts shall be implemented immediately after the plants and their surrounding habitat are disturbed.

(H) Rare plant mitigation plans shall include maps, photographs, and text. The text shall:

(i) Describe the biology of rare plant species that will be affected by a proposed use.

(ii) Explain the techniques that will be used to protect rare plants and their surrounding habitat that will not be altered.

(iii) Describe the mitigation actions that will minimize and offset the impacts that will result from a proposed use.

(iv) Include a 3-year monitoring, maintenance, and replacement program. The project applicant shall prepare and submit to the Executive Director an annual report that documents milestones, successes, problems, and contingency actions.

(5) Rare Plant Buffer Zones

(a) A 200-foot buffer zone shall be maintained around rare plants. Buffer areas shall remain in an undisturbed, natural condition.

(b) Buffer zones may be reduced if a project applicant demonstrates that intervening topography, vegetation, human-made features, or natural plant habitat boundaries negate the need for a 200-foot radius. Under no circumstances shall the buffer zone be less than 25 feet.

(A) Requests to reduce buffer areas shall be considered if a professional botanist or plant ecologist hired by the project applicant:

(i) Identifies the precise location of the rare plants;

(ii) Describes the biology of the rare plants; and

(iii) Demonstrates that the proposed use will not have any negative effects, either direct or indirect, on the affected plants and the surrounding habitat that is vital to their long-term survival.

(B) All requests shall be prepared as a written report. Published literature regarding the biology of the affected plants and recommendations regarding their protection and management shall be cited. The report shall include detailed maps and photographs.

(d) The Executive Director shall submit all requests to reduce rare plant buffer zones to the Oregon Biodiversity Information Center or Washington Natural Heritage Program. The state heritage staff will have 20 days from the date that such a request is mailed to submit written comments to the Executive Director.

(e) The Executive Director shall record and address any written comments submitted by the state heritage staff in the Executive Director’s decision.

(f) Based on the comments from the state heritage staff, the Executive Director will make a final decision on whether the reduced buffer area is justified. If the final decision contradicts the comments submitted by the state heritage staff, the Executive Director shall justify how the opposing conclusion was reached.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0670 Special Management Areas Natural Resource Review Criteria

(1) All new development and uses, as described in a site plan prepared by the applicant, shall be evaluated using the following guidelines to ensure that natural resources are protected from adverse effects. Cumulative effects analysis is not required for expedited review uses or development. Comments from state and federal agencies shall be carefully considered.

(2) Water Resources (Wetlands, Streams, Ponds, Lakes, and Riparian Areas)

(a) All Water Resources shall, in part, be protected by establishing undisturbed buffer zones as specified in subsections (2)(a)(B)(i) and (ii) below. These buffer zones are measured horizontally from a wetland, stream, lake, or pond boundary as defined below.

(A) All buffer zones shall be retained undisturbed and in their natural condition, except as permitted with a mitigation plan.

(B) Buffer zones shall be measured outward from the bank full flow boundary for streams, the high water mark for ponds and lakes, the normal pool elevation for the Columbia River, and the wetland delineation boundary for wetlands on a horizontal scale that is perpendicular to the wetlands, stream, pond or lake boundary. On the main stem of the Columbia River above Bonneville Dam, buffer zones shall be measured landward from the normal pool elevation of the Columbia River. The following buffer zone widths shall be required:

(i) A minimum 200-foot buffer on each wetland, pond, lake, and each bank of a perennial or fish bearing stream, some of which can be intermittent.

(ii) A 50-foot buffer zone along each bank of intermittent (including ephemeral), non-fish bearing streams.

(iii) Maintenance, repair, reconstruction and realignment of roads and railroads within their rights-of-way shall be exempted from the wetlands and riparian guidelines upon demonstration of all of the following:

(I) The wetland within the right-of-way is a drainage ditch not part of a larger wetland outside of the right-of-way;

(II) The wetland is not critical habitat; and

(III) Proposed activities within the right-of-way would not adversely affect a wetland adjacent to the right-of-way.

(i) When the channel migration zone exceeds the recommended buffer width, the buffer width shall extend to the outer edge of the channel migration zone;

(ii) When the frequently flooded area exceeds the recommended riparian buffer zone width, the buffer width shall be extended to the outer edge of the frequently flooded area; or

(iii) When an erosion or landslide hazard area exceeds the recommended width of the buffer, the buffer width shall be extended to include the hazard area.

(D) Buffer zones can be reconfigured if a project applicant demonstrates the integrity and function of the buffer zones is maintained, the total buffer area on the development proposal is not decreased, the width reduction shall not occur within another buffer, and the buffer zone width is not reduced more than 50% at any particular location. Such features as intervening topography, vegetation, human-made features, natural plant or wildlife habitat boundaries, and flood plain characteristics could be considered.

(E) Requests to reconfigure buffer zones shall be considered if an appropriate professional (botanist, plant ecologist, wildlife biologist, or hydrologist), hired by the project applicant identifies the precise location of the rare wildlife or plant or water resource, describes the biology of the rare wildlife or plant or hydrologic condition of the water resource, and demonstrates that the proposed use will not have any negative effects, either direct or indirect, on the affected wildlife or plant and their surrounding habitat that is vital to their long-term survival or water resource and its long term function.

(F) The Executive Director shall submit all requests to re-configure rare wildlife or plant or water resource buffers to the Forest Service and the appropriate state agencies for review. All written comments shall be included in the project file. Based on the comments from the state and federal agencies, the Executive Director will make a final decision on whether the reconfigured buffer zones are justified. If the final decision contradicts the comments submitted by the federal and state agencies, the Executive Director shall justify how the opposing conclusion was reached.

(b) When a buffer zone is disturbed by a new use, it shall be replanted with only native plant species of the Columbia River Gorge.

(d) Wetlands Boundaries shall be delineated using the following:

(A) The approximate location and extent of wetlands in the National Scenic Area is shown on the National Wetlands Inventory (U. S. Department of the Interior). In addition, the list of hydric soils and the soil survey maps shall be used as an indicator of wetlands.

(B) Some wetlands may not be shown on the wetlands inventory or soil survey maps. Wetlands that are discovered by the local planning staff during an inspection of a potential project site shall be delineated and protected.

(C) The project applicant shall be responsible for determining the exact location of a wetlands boundary. Wetlands boundaries shall be delineated using the procedures specified in the Corps of Engineers Wetlands Delineation Manual (on-line edition) and applicable Regional Supplements.

(D) All wetlands delineations shall be conducted by a professional who has been trained to use the federal delineation procedures.

(e) Stream, pond, and lake boundaries shall be delineated using the bank full flow boundary for streams and the high water mark for ponds and lakes. The project applicant shall be responsible for determining the exact location of the appropriate boundary for the water resource.

(f) The Executive Director may verify the accuracy of, and render adjustments to, a bank full flow, high water mark, normal pool elevation (for the Columbia River), or wetland boundary delineation. If the adjusted boundary is contested by the project applicant, the Executive Director shall obtain professional services, at the project applicant’s expense, or ask for technical assistance from the Forest Service to render a final delineation.

(g) Buffer zones shall be undisturbed unless the following criteria have been satisfied:

(A) The proposed use must have no practicable alternative as determined by 350-082-0680.

(B) Those portions of a proposed use that have a practicable alternative will not be located in water resources or their buffer zone.

(C) Filling and draining of wetlands shall be prohibited with exceptions related to public safety or restoration or enhancement activities as permitted when all of the following criteria have been met:

(i) A documented public safety hazard exists or a restoration or enhancement project exists that would benefit the public and is corrected or achieved only by impacting the wetland in question;

(ii) Impacts to the wetland must be the last possible documented alternative in fixing the public safety concern or completing the restoration or enhancement project; and

(iii) The proposed project minimizes the impacts to the wetland.

(D) Unavoidable impacts to wetlands and aquatic and riparian areas and their buffer zones shall be offset by deliberate restoration and enhancement or creation (wetlands only) measures as required by the completion of a SMA mitigation plan.

(h) Proposed uses and development within water resources and their buffer zones shall be evaluated for cumulative effects to natural resources and cumulative effects that are adverse shall be prohibited.

(3) Wildlife and Plants

(a) Protection of wildlife and plant areas and sites shall begin when proposed new development or uses are within 1000 feet of a rare wildlife or rare plant area or site. Rare wildlife areas are those areas depicted in wildlife and plant data and all Priority Habitats and endemic plant species listed in 350-082-0690 tables 1 and 2. The approximate locations of rare wildlife and plant areas and sites are shown in wildlife and rare plant data.

(b) The Executive Director shall submit site plans (of uses that are proposed within 1,000 feet of a rare wildlife or rare plant area or site) for review to the Forest Service and the appropriate state agencies (Oregon Department of Fish and Wildlife or the Washington Department of Fish and Wildlife for wildlife issues and by the Oregon Biodiversity Information Center or Washington Natural Heritage Program for plant issues).

(c) The Forest Service wildlife biologists and botanists, in consultation with the appropriate state biologists, shall review the site plan and their field survey records. They shall:

(A) Identify and verify the precise location of the wildlife or plant area or site,

(B) Determine if a field survey will be required,

(C) Determine, based on the biology and habitat requirements of the affected wildlife or plant species, if the proposed use would compromise the integrity and function of or result in adverse effects (including cumulative effects) to the wildlife and plant area or site. This would include considering the time of year when wildlife and plant species are sensitive to disturbance, such as nesting, rearing seasons, or flowering season, and,

(D) Delineate the undisturbed 200-foot buffer on the site plan for rare plants or the appropriate buffer for rare wildlife areas or sites, including nesting, roosting, and perching sites.

(i) Buffer zones can be reconfigured if a project applicant demonstrates the integrity and function of the buffer zones is maintained, the total buffer area on the development proposal is not decreased, the width reduction shall not occur within another buffer, and the buffer zone width is not reduced more than 50% at any particular location. Such features as intervening topography, vegetation, man-made features, natural plant or wildlife habitat boundaries, and flood plain characteristics could be considered.

(ii) Requests to reduce buffer zones shall be considered if an appropriate professional (botanist, plant ecologist, wildlife biologist, or hydrologist), hired by the project applicant, identifies the precise location of the rare wildlife or plant or water resource describes the biology of the rare wildlife or plant or hydrologic condition of the water resource, and demonstrates that the proposed use will not have any negative effects, either direct or indirect, on the affected wildlife or plant and their surrounding habitat that is vital to their long-term survival or to the water resource and its long term function.

(iii) The Executive Director shall submit all requests to re-configure rare wildlife or plant or water resource buffers to the Forest Service and the appropriate state agencies for review. All written comments shall be included in the record of application and based on the comments from the state and federal agencies, the Executive Director will make a final decision on whether the reduced buffer zone is justified. If the final decision contradicts the comments submitted by the federal and state agencies, the Executive Director shall justify how the opposing conclusion was reached

(d) The Executive Director, in consultation with the state and federal wildlife biologists and botanists, shall use the following criteria in reviewing and evaluating the site plan to ensure that the proposed development or uses do not compromise the integrity and function of or result in adverse effects to the wildlife and plant area or site:

(A) Published guidelines regarding the protection and management of the affected wildlife or plant species. Examples include: the Oregon Department of Forestry management guidelines for osprey and great blue heron and the Washington Department of Fish and Wildlife guidelines for a variety of species, including the western pond turtle, the peregrine falcon, and the Larch Mountain salamander.

(B) Physical characteristics of the subject parcel and vicinity, including topography and vegetation.

(D) Existing condition of the wildlife or plant area or site and the surrounding habitat of the area or site.

(E) In areas of winter range, habitat components, such as forage, and thermal cover, important to the viability of the wildlife must be maintained or, if impacts are to occur, enhancement must mitigate the impacts so as to maintain overall values and function of winter range.

(F) The site plan is consistent with published guidance documents such as “Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources” (Oregon Department of Fish and Wildlife, 2008, or most recent version) and Washington’s Aquatic Habitat Guidelines (2002, or most recent version).

(G) The site plan activities coincide with periods when fish and wildlife are least sensitive to disturbance. These would include, among others, nesting and brooding periods (from nest building to fledgling of young) and those periods specified.

(H) The site plan illustrates that new development and uses, including bridges, culverts, and utility corridors, shall not interfere with fish and wildlife passage.

(I) Maintain, protect, and enhance the integrity and function of Priority Habitats as listed in 350-082-0690 Table 1 - Priority Habitats. This includes maintaining structural, species, and age diversity, maintaining connectivity within and between plant communities, and ensuring that cumulative impacts are considered in documenting integrity and function.

(e) The wildlife and plant protection process may conclude if the Executive Director, in consultation with the Forest Service and state wildlife agency or heritage program, determines the rare wildlife area or site is not active, the proposed use is not within the buffer zones and would not compromise the integrity of the wildlife or plant area or site, or the proposed use is within the buffer and could be easily moved out of the buffer by simply modifying the project proposal (site plan modifications). If the project applicant accepts these recommendations, the Executive Director shall incorporate them into the final decision and the wildlife and plant protection process may conclude.

(f) If the above measures fail to eliminate the adverse effects, the proposed project shall be prohibited, unless the project applicant can meet the practicable alternative test in 350-082-0680 and prepare a mitigation plan to offset the adverse effects by deliberate restoration and enhancement.

(g) The Executive Director shall submit a copy of all field surveys (if completed) and mitigation plans to the Forest Service and appropriate state agencies. The Executive Director shall include all comments in the record of application and address any written comments submitted by the state and federal wildlife agency and heritage programs in the Executive Director’s decision.

(h) Based on the comments from the state and federal wildlife agency and heritage program, the Executive Director shall make a final decision on whether the proposed use would be consistent with the wildlife and plant policies and guidelines. If the final decision contradicts the comments submitted by the state and federal wildlife agency and heritage program, the Executive Director shall justify how the opposing conclusion was reached.

(i) The Executive Director shall require the project applicant to revise the mitigation plan as necessary to ensure that the proposed use would not adversely affect a rare wildlife or plant area or site.

(j) Proposed uses and developments within 1,000 feet of rare wildlife areas and sites or within 1,000 feet of rare plants shall be evaluated for cumulative effects to natural resources and cumulative effects that are adverse shall be prohibited.

(4) Soil Productivity. Soil productivity shall be protected using the following guidelines:

(a) The application shall include a description or illustration showing the mitigation measures to control soil erosion and stream sedimentation.

(b) New developments and land uses shall control all soil movement within the area shown on the site plan.

(c) The soil area disturbed by new development or land uses, except for new cultivation, shall not exceed 15 percent of the project area.

(d) Within one year of project completion, 80 percent of the project area with surface disturbance shall be established with effective native ground cover species or other soil-stabilizing methods to prevent soil erosion until the area has 80 percent vegetative cover.

(5) SMA Mitigation Plans

(a) Mitigation Plan shall be prepared when:

(A) The proposed development or use is within a buffer zone (water resources, or wildlife or plant areas or sites).

(B) There is no practicable alternative as determined by 350-082-0680.

(b) In all cases, mitigation plans are the responsibility of the applicant and shall be prepared by an appropriate professional (botanist or ecologist for plant sites, a wildlife or fish biologist for wildlife or fish sites, and a qualified professional for water resource sites).

(c) The primary purpose of this information is to provide a basis for the project applicant to redesign the proposed use in a manner that protects the identified water resources, and rare wildlife or plant areas and sites, that maximizes their development options, and that mitigates, through restoration, enhancement, creation, and replacement measures, impacts to the water resources and wildlife and plant area or site and buffer zones.

(d) The applicant shall submit the mitigation plan to the Executive Director. The Executive Director shall submit a copy of the mitigation plan to the Forest Service, and appropriate state agencies. If the final decision contradicts the comments submitted by the state and federal wildlife agency and heritage program, the Executive Director shall justify how the opposite conclusion was reached.

(e) A project applicant shall demonstrate sufficient fiscal, technical, and administrative competence to successfully execute a mitigation plan involving wetland creation.

(f) Mitigation plans shall include maps, photographs, and text. The text shall:

(A) Describe the biology and function of the protected resources (e.g., wildlife or plant species, or wetland) that will be affected by a proposed use. An ecological assessment of the protected resource and the condition of the resource that will result after restoration shall be required. Reference published protection and management guidelines.

(B) Describe the physical characteristics of the subject parcel, past, present, and future uses, and the past, present, and future potential impacts to the protected resources. Include the size, scope, configuration, or density of new uses being proposed within the buffer zone.

(C) Explain the techniques that will be used to protect the protected resources and their surrounding habitat that will not be altered (for example, delineation of core habitat of the rare wildlife or plant species and key components that are essential to maintain the long-term use and integrity of the wildlife or plant area or site).

(D) Show how restoration, enhancement, and creation measures will be applied to ensure that the proposed use results in minimum feasible impacts to protected resources, their buffer zones, and associated habitats.

(E) Show how the proposed restoration, enhancement, or creation mitigation measures are NOT alternatives to avoidance. A proposed development or land use must first avoid a protected resource, and only if this is not possible should restoration, enhancement, or creation be considered as mitigation. In reviewing mitigation plans, the Executive Director, appropriate state agencies, and Forest Service shall critically examine all proposals to ensure that they are indeed last resort options.

(g) At a minimum, a project applicant shall provide to the Executive Director a progress report every three years until all conditions are met. The progress report shall document milestones, successes, problems, and contingency actions. Photographic monitoring stations shall be established and photographs shall be used to monitor all mitigation progress.

(h) A final monitoring report shall be submitted to the Executive Director for review upon completion of the restoration, enhancement, created, or replacement activity. This monitoring report shall document successes, problems encountered, resource recovery, status of any rare wildlife or plant species and shall demonstrate the success of restoration or enhancement actions. The Executive Director shall submit copies of the monitoring report to the Forest Service; which shall offer technical assistance to the Executive Director in helping to evaluate the completion of the mitigation plan. In instances where restoration and enhancement efforts have failed, the monitoring process shall be extended until the applicant satisfies the restoration and enhancement guidelines.

(i) Mitigation measures to offset impacts to resources and buffers shall result in no net loss of water quality; natural drainage; fish, wildlife, and plant habitat; and water resources by addressing the following:

(A) Restoration and enhancement efforts shall be completed no later than one year after the protected resource or buffer zone has been altered or as soon thereafter as is practicable.

(B) All natural vegetation within the buffer zone shall be retained to the greatest extent practicable. Appropriate protection and maintenance techniques shall be applied, such as fencing, conservation buffers, livestock management, and noxious weed control. Within five years, at least 75 percent of the replacement vegetation shall survive. All plantings shall be with native plant species that replicate the original vegetation community.

(C) Habitat that will be affected by either temporary or permanent uses shall be rehabilitated to a natural condition. Habitat shall be replicated in composition, structure, and function, including tree, shrub and herbaceous species, snags, pool-riffle ratios, substrata, and structures, such as large woody debris and boulders.

(D) If no net loss is not feasible or practical because of technical constraints, a protected resource of equal or greater benefit may be substituted, provided that no net loss of protected resource functions occurs and provided the Executive Director, in consultation with the appropriate state and federal agencies, determines that such substitution is justified.

(E) Rare plants that will be altered shall be transplanted or replaced, to the maximum extent practicable. Replacement is used here to mean the establishment of a particular plant species in areas of suitable habitat not affected by new uses. Replacement may be accomplished by seeds, cuttings, or other appropriate methods. Replacement shall occur as close to the original plant site as practicable. The project applicant shall ensure that at least 75 percent of the replacement plants survive three years after the date they are planted.

(F) Nonstructural controls and natural processes shall be used to the greatest extent practicable.

(i) Bridges, roads, pipeline and utility corridors, and other water crossings shall be minimized and should serve multiple purposes and properties.

(ii) Stream channels shall not be placed in culverts unless absolutely necessary for property access. Bridges are preferred for water crossings to reduce disruption to hydrologic and biologic functions. Culverts shall only be permitted if there are no practicable alternatives as demonstrated by 350-082-0680.

(iii) Fish passage shall be protected from obstruction.

(iv) Restoration of fish passage should occur wherever possible.

(v) Show location and nature of temporary and permanent control measures that shall be applied to minimize erosion and sedimentation when riparian areas are disturbed, including slope netting, berms and ditches, tree protection, sediment barriers, infiltration systems, and culverts.

(vi) Groundwater and surface water quality will not be degraded by the proposed use. Natural hydrologic conditions shall be maintained, restored, or enhanced in such a manner that replicates natural conditions, including current patterns (circulation, velocity, volume, and normal water fluctuation), natural stream channel and shoreline dimensions and materials, including slope, depth, width, length, cross-sectional profile, and gradient.

(vii) Those portions of a proposed use that are not water-dependent or that have a practicable alternative shall be located outside of stream, pond, and lake buffer zones.

(viii) Streambank and shoreline stability shall be maintained or restored with natural revegetation.

(ix) The size of restored, enhanced, and created wetlands shall equal or exceed the following ratios. The first number specifies the required acreage of replacement wetlands, and the second number specifies the acreage of wetlands altered.

(I) Restoration: 2:1

(II) Creation: 3:1

(III) Enhancement: 4:1

(G) Wetland creation mitigation shall be deemed complete when the wetland is self-functioning for five consecutive years. Self-functioning is defined by the expected function of the wetland as written in the mitigation plan. The monitoring report shall be submitted to the Executive Director to ensure compliance. The Forest Service, in consultation with appropriate state agencies, shall extend technical assistance to the Executive Director to help evaluate such reports and any subsequent activities associated with compliance.

(H) Wetland restoration or enhancement can be mitigated successfully by donating appropriate funds to a non-profit wetland conservancy or land trust with explicit instructions that those funds are to be used specifically to purchase protection easements or fee title protection of appropriate wetlands acreage in or adjacent to the Columbia River Gorge meeting the ratios given above in subsection (F)(ix) above. These transactions shall be explained in detail in the Mitigation Plan and shall be fully monitored and documented in the monitoring report.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0680 GMA and SMA Practicable Alternative Test for Natural Resource Review Guidelines

(1) An alternative site for a proposed use shall be considered practicable if it is available and the proposed use can be undertaken on that site after taking into consideration cost, technology, logistics, and overall project purposes.

(2) A practicable alternative does not exist if a project applicant satisfactorily demonstrates all of the following:

(a) The basic purpose of the use cannot be reasonably accomplished using one or more other sites in the vicinity that would avoid or result in less adverse effects on water resources, wildlife areas and sites, or plant areas and sites.

(b) The basic purpose of the use cannot be accomplished by reducing its proposed size, scope, configuration, or density, or by changing the design of the use in a way that would avoid or result in less adverse effects on water resources, wildlife areas and sites, or plant areas and sites.

(c) Reasonable attempts were made to remove or accommodate constraints that caused a project applicant to reject alternatives to the proposed use. Such constraints include inadequate infrastructure, parcel size, and land use designations. If a land use designation or recreation intensity class is a constraint, an applicant must request a Management Plan amendment to demonstrate that practicable alternatives do not exist.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0690 GMA and SMA Natural Resources Tables

Tables 1 and 2 in 350-082-0690 apply to general and special management area guidelines as specified in this land use ordinance.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0700 General Management Area Recreation Resources Review Criteria

(1) Recreation Intensity Class 1 (Very Low Intensity)

(a) Social Setting: Visitors in this designation have a high chance of finding solitude and opportunities to experience activities that rely on self-reliance, challenge and risk. Encounters with other visitors is low throughout the designation. Perceived crowdedness is low to non-existent away from roads and recreation sites. Visitor encounters and perceived crowdedness is low to moderate at or near (within one mile) roads and recreation sites.

(b) Physical and Managerial Setting: Predominately natural or natural appearing landscapes with rustic improvements characterize this designation. Nodes of developed recreation facilities are allowed. Developed recreation site regulations and controls (signing, regulations or other regimentation) are noticeable but harmonize with the natural environment. Away from developed recreation sites there is minimal or subtle control of users.

(c) Trail development is simple and typically accommodate low use levels. Users are highly skilled with a high degree of orienteering skills.

(d) The following uses may be permitted subject to compliance with 350-082-0720.

(A) Parking areas, not to exceed a site-wide capacity of ten vehicles, when associated with any allowed uses in Recreation Intensity Class 1. Accommodations for mass transportation facilities should be considered where compatible with the social and physical settings.

(B) Trails for hiking, equestrian, and mountain biking use.

(D) Trailheads (with provisions for hitching rails and equestrian trailers at trailheads accommodating equestrian use).

(E) Scenic viewpoints and overlooks.

(F) Wildlife and botanical viewing and nature study areas.

(G) River access areas.

(H) Boat docks, piers, or wharfs.

(I) Picnic areas.

(J) Restrooms and comfort facilities.

(2) Recreation Intensity Class 2 (Low Intensity)

(a) Social Setting: RIC 2 is characterized by opportunities to experience relaxation, physical fitness and outdoor learning and where there is a moderate probability to experience solitude. Typically encounters with other visitors throughout the designation is Low to Moderate. Visitor encounters are low to moderate on trails and away from developed recreation sites and roads, and moderate to high near (within one mile) recreation sites and roads.

(b) Physical and Managerial Setting: Predominately natural or natural appearing landscapes with rustic improvements characterize this designation. Nodes of highly developed recreation facilities may be allowed. Developed recreation site regulations and controls (signing, regulations or other regimentation) are noticeable but harmonize with the natural environment. Away from developed recreation sites there is minimal or subtle control of users.

(c) Trails are moderately developed (native surface or gravel, trail bridges and other facilities are provided for user convenience). Trail use is typically low to moderate. Trails are suitable for a wide range of users and are challenging and involve intermediate to advance skills.

(d) The following uses may be permitted subject to compliance with 350-082-0720.

(A) All uses permitted in Recreation Intensity Class 1.

(B) Parking areas, not to exceed a site-wide capacity of 25 vehicles, when associated with any allowed uses in Recreation Intensity Class 2. Parking spaces for campground units shall be included in this number. Accommodations for mass transportation facilities should be considered where compatible with the social and physical settings.

(D) Campgrounds for 20 units or less, tent sites only.

(3) Recreation Intensity Class 3 (Moderate Intensity)

(a) Social Setting: A high degree of interaction with other visitors with opportunities to experience relaxation and activities that provide little challenge or risk in a natural appearing environment characterizes this designation. Visitor encounters are moderate to high on trails away from developed recreation sites and roads.

(b) Physical and Managerial Setting: Changes to the natural landscape may be evident but in harmony with characteristics of the landscape setting. Highly developed recreation facilities and trails are constructed for visitor convenience. On-site regulation and controls are noticeable but harmonize with the natural characteristics of the landscape.

(c) Trails typically accommodate moderate to high use and are well developed (native, gravel or paved surfaces, trail facilities such as bridges are provided for convenience). Trails are easily traveled by a wide range of users who have intermediate skill level and minimal orienteering skills.

(d) The following uses may be permitted subject to compliance with 350-082-0720.

(A) All uses permitted in Recreation Intensity Classes 1 and 2.

(B) Parking areas, not to exceed a site-wide capacity of 75 vehicles, when associated with any allowed uses in Recreation Intensity Class 3. Parking spaces for campground units shall be included in this number.

(C) Accommodation of facilities for mass transportation (bus parking, etc.) shall be required for all new Recreation Intensity Class 3 day-use recreation sites, and improvements to existing Class 3 day-use recreation sites where the improvement would increase the use of the site, except for sites predominantly devoted to boat access. The number and size of the mass transportation facilities shall reflect the physical capacity of the site.

(D) Boat ramps, not to exceed three lanes.

(E) Concessions stands consistent with the following:

(ii) For commercial recreation sites and public recreation sites not owned or managed by a public park agency with adopted concession policies, the following policies shall apply:

(I) Retail sales at campgrounds shall be limited to camping supplies for overnight guests in dedicated space within the registration or central office building.

(II) Private concessions in permanent structures shall be limited to one structure per park site. Sales shall be limited to those items necessary for enjoyment and use of recreation opportunities at the site, including food and beverages and recreation equipment rental.

(III) Mobile vendors may be permitted, subject to local government approvals. Local government review shall address solid waste disposal, visual impacts of signs, traffic circulation, and safety. Such uses shall be limited to the term of the recreation season, and sales shall be limited to food and beverages and recreation equipment rental.

(F) Campgrounds for 50 individual units or less, for tents and recreational vehicles, with a total density of no more than ten units per acre (density to be measured based on total size of recreation facility and may include required buffer and setback areas). Class 3 campgrounds may also include one group campsite area, in addition to the allowed individual campground units or parking area maximums.

(4) Recreation Intensity Class 4 (High Intensity)

(a) Social Setting: This designation is characterized by highly developed facilities where there is little challenge or risk associated with being in the outdoors. There is a high degree of interaction with other visitors. Encounters are high in recreation sites, on roads and trails within in this designation.

(b) Physical and Managerial Setting: Changes to the natural landscape may be evident but in harmony with characteristics of the landscape setting. Highly developed recreation facilities and trails are constructed for visitor convenience and ease of movement. On-site regulation and controls are noticeable but harmonize with the natural characteristics of the landscape.

(c) The maximum site design capacity for parking areas shall not exceed 250 vehicles for any allowed uses in Recreation Intensity Class 4. Parking spaces for campground units are to be included in this number.

(d) Trails are highly developed (gravel or paved surfaces, trail facilities such as bridges are provided for convenience) and accommodate heavy to intensive use. Users are typically inexperienced with little or no orienteering skills. Trails are easily traveled by a wide range of users.

(e) The following uses may be permitted subject to compliance with 350-082-0720.

(A) All uses permitted in Recreation Intensity Classes 1, 2, and 3.

(B) Parking areas, not to exceed a site-wide capacity of 250 vehicles, when associated with any allowed uses in Recreation Intensity Class 4. Parking spaces for campground units shall be included in this number.

(C) Accommodation of facilities for mass transportation (bus parking, etc.) shall be required for all new Recreation Intensity Class 4 day-use recreation sites and improvements to existing Class 4 day-use recreation sites where the improvement would increase the use of the site, except for sites predominantly devoted to boat access. The number and size of the mass transportation facilities shall reflect the physical capacity of the site.

(D) Horseback riding stables and associated facilities.

(E) Boat ramps.

(F) Campgrounds for 175 individual units or less, for tents and recreational vehicles, with a total density of no more than ten units per acre (density to be measured based on total size of recreation facility and may include required buffer and setback areas). Class 4 campgrounds may also include up to three group campsite areas, in addition to allowed individual campsite units or parking area maximums.

(5) Approval Criteria for Recreation Uses. All proposed recreation projects outside of Public or Commercial Recreation designations shall comply with the following:

(a) Compliance with 350-082-0600 through 350-082-0720.

(b) Cumulative effects of proposed recreation projects on landscape settings shall be based on the “compatible recreation use” guideline for the landscape setting in which the use is located.

(c) For proposed recreation projects in or adjacent to lands designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland:

(A) The use would not seriously interfere with accepted forest or agricultural practices on surrounding lands devoted to forest or farm uses. Provision of on-site buffers may be used to partially or fully comply with this criterion, depending upon project design and site conditions.

(B) A declaration has been signed by the project applicant or owner and recorded with county deeds and records specifying that the applicant or owner is aware that operators are entitled to carry on accepted forest or farm practices on lands designated Large-Scale Agriculture, Small-Scale Agriculture, Commercial Forest Land, Large Woodland, or Small Woodland.

(d) For proposed projects including facilities for outdoor fires for cooking or other purposes, or for proposed campgrounds, compliance with the following:

(A) The project applicant shall demonstrate that a sufficient quantity of water necessary for fire suppression (as determined pursuant to applicable fire codes or the county fire marshal) is readily available to the proposed facility, either through connection to a community water system or on-site wells, storage tanks, sumps, ponds or similar storage devices. If connection to a community water system is proposed, the project applicant shall demonstrate that the water system has adequate capacity to meet the facility’s emergency fire suppression needs without adversely affecting the remainder of the water system with respect to fire suppression capabilities.

(B) To provide access for firefighting equipment, access drives shall be constructed to a minimum of 12 feet in width and a maximum grade of 12 percent. Access drives shall be maintained to a level that is passable to firefighting equipment.

(e) For proposed trail or trailhead projects, compliance with the following:

(A) Where applicable, new trails should incorporate existing segments of older or historic trails, abandoned roads and railroad rights-of-way, and other previously developed areas suitable for recreation use to the maximum extent practicable.

(B) Trails that are intended for multiple user groups shall be required to post signs at trailheads alerting users that multiple user groups may be present on the trail. Trails shall be designed such that user conflicts and safety issues are minimized.

(D) Applications for new trails or trailheads shall consider the potential of fire risk during critical fire hazard periods in developing the physical and managerial setting of the site.

(f) For proposed projects providing recreation access to the Columbia River or its tributaries, applicants shall demonstrate that the new facility is consistent with and does not affect or modify tribal treaty rights.

(g) For proposed projects on public lands or proposed projects providing access to the Columbia River or its tributaries: compliance with the guidelines in 350-082-0130.

(h) For proposed projects that include interpretation of natural or cultural resources: A demonstration that the interpretive facilities will not adversely affect natural or cultural resources and that appropriate and necessary resource protection measures shall be employed.

(i) Applications for public recreation development in Recreation Intensity Classes 3 and 4 shall demonstrate how the proposed recreation development will be equitable and accessible (regardless of income level, ethnicity, gender, ability, or age). Applications for public recreation development in Recreation Intensity Classes 1 and 2 shall meet this standard to the maximum extent practicable.

(j) Applications shall demonstrate compliance with the social, physical and managerial setting characteristics in the applicable Recreation Intensity Class description.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544e(c)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0710 Special Management Area Recreation Resources Review Criteria

(1) The following shall apply to all new recreation developments and land uses in the SMAs:

(a) New development and land uses shall not displace existing recreational use.

(b) Recreation resources shall be protected from adverse effects by evaluating new development and land uses as proposed in the site plan. An analysis of both onsite and offsite cumulative effects shall be required.

(d) Mitigation measures shall be provided to preclude adverse effects on the recreation resource.

(e) The Facility Design Guidelines are intended to apply to individual recreation facilities. Development or improvements within the same Recreation Intensity Class are considered as separate facilities if they are separated by at least 1/4 mile of undeveloped land (excluding trails, pathways, or access roads).

(f) New development and reconstruction of scenic routes shall include provisions for bicycle lanes.

(g) Proposals to change the Recreation Intensity Class of an area shall require a Management Plan amendment.

(2) Recreation Intensity Class Guidelines in the SMAs

(a) Recreation Intensity Class 1 (Very Low Intensity)

(A) Social Setting: Visitors in this designation have a high chance of finding solitude and opportunities to experience activities that rely on self-reliance, challenge and risk. Encounters with other visitors is low throughout the designation. Perceived crowdedness is low to non-existent away from roads recreation sites. Visitor encounters and perceived crowdedness is low to moderate at or near (within one mile) roads and recreation sites.

(B) Physical and Managerial Setting: Predominately natural or natural appearing landscapes with rustic improvements characterize this designation. Nodes of developed recreation facilities may be allowed. Developed recreation site regulations and controls (signing, regulations or other regimentation) are noticeable but harmonize with the natural characteristics of the landscape setting. Away from developed recreation sites there is minimal or subtle control of users.

(C) Trail development is simple and typically accommodate low use levels. Users are highly skilled with a high degree of orienteering skills.

(D) The maximum design capacity for parking areas shall be ten vehicles.

(E) The following uses may be permitted subject to compliance with 350-082-0720.

(i) Trails and trailheads.

(ii) Parking areas.

(iii) Dispersed campsites accessible only by a trail.

(iv) Viewpoints and overlooks.

(v) Picnic areas.

(vi) Signs.

(vii) Interpretive exhibits and displays.

(viii) Restrooms.

(ix) Accommodations for mass transportation facilities should be considered where compatible with the social and physical settings.

(b) Recreation Intensity Class 2 (Low Intensity)

(A) Social Setting: This designation is characterized by opportunities to experience relaxation, physical fitness and outdoor learning and where there is a moderate probability to experience solitude. Visitor encounters are low to moderate on trails and away from developed recreation sites and roads and usually moderate to high near (within one mile) recreation sites and roads.

(B) Physical and Managerial Setting: Predominately natural or natural appearing landscapes with rustic improvements characterize this designation. Nodes of highly developed recreation facilities may be allowed. Developed recreation site regulations and controls (signing, regulations or other regimentation) harmonize with the natural characteristics of the landscape setting. Away from developed recreation sites there is minimal or subtle control of users.

(C) Trails are moderately developed (native surface or gravel, trail bridges and other facilities are provided for user convenience). Trail use is typically low to moderate. Trails are suitable for a wide range of users and are challenging and involve intermediate to advance skills.

(D) The maximum design capacity for parking areas shall be 25 vehicles.

(E) The following uses may be permitted subject to compliance with 350-082-0720.

(i) All uses permitted in Recreation Intensity Class 1 are permitted in Recreation Intensity Class 2.

(ii) Campgrounds for twenty (20) units or less, tent sites only.

(iii) Boat anchorages designed for no more than ten boats at one time.

(iv) Swimming areas.

(v) Accommodations for mass transportation facilities should be considered where compatible with the social and physical settings.

(A) Social Setting: A high degree of interaction with other visitors with opportunities to experience relaxation and activities that provide little challenge or risk in a natural appearing environment characterizes this designation. Visitor encounters are moderate to high on trails away from developed recreation sites and roads.

(B) Physical and Managerial Setting: Changes to the natural landscape may be evident but in harmony with natural characteristics of the landscape setting. Highly developed recreation facilities and trails are constructed for visitor convenience. On-site regulation and controls are noticeable but harmonize with the natural environment.

(C) Trails typically accommodate moderate to high use and are well developed (native, gravel or paved surfaces, trail facilities such as bridges are provided for convenience). Trails are easily traveled by a wide range of users who have intermediate skill level and minimal orienteering skills.

(D) Permitted uses are those in which people can participate in activities to realize experiences such as group socialization, nature appreciation, relaxation, cultural learning, and physical activity.

(E) The maximum design capacity for parking areas shall be 50 vehicles. The GMA vehicle capacity level of 75 vehicles shall be allowed if enhancement or mitigation measures for scenic, cultural, or natural resources are approved for at least ten percent of the site.

(F) Accommodation of facilities for mass transportation (bus parking, etc.) shall be required for all new Recreation Intensity Class 3 day-use recreation sites and improvements to existing Recreation Intensity Class 3 day-use recreation sites where the improvement would increase the use of the site, except for sites predominantly devoted to boat access. The number and size of the mass transportation facilities shall reflect the physical capacity of the site.

(G) The following uses may be permitted subject to compliance with 350-082-0720.

(i) All uses permitted in Recreation Intensity Classes 1 and 2 are permitted in Recreation Intensity Class 3.

(ii) Campgrounds with improvements that may include vehicle access, water, power, sewer, and sewage dump stations. Campgrounds shall not exceed a combination of 50 single or group campsites (tent or recreational vehicle) and a total design capacity of 250 people at one time.

(iii) Boat anchorages designed for not more than 15 boats.

(iv) Public visitor, interpretive, historic, and environmental education facilities.

(v) Full-service restrooms that may include showers.

(vi) Boat ramps.

(vii) Riding stables.

(d) Recreation Intensity Class 4 (High Intensity)

(A) Social Setting: This designation is characterized by highly developed facilities where there is little challenge or risk associated with being in the outdoors. There is a high degree of interaction with other visitors. Encounters are high in recreation sites, on roads and trails within in this designation.

(B) Physical and Managerial Setting: Landscapes with natural appearing backdrop are characterized by this designation. Highly developed recreation facilities and trails are constructed for visitor convenience and ease of movement. On-site regulation and controls are noticeable but harmonize with the natural characteristics of the landscape setting.

(C) Trails are highly developed (gravel or paved surfaces, trail facilities such as bridges are provided for convenience) and accommodate heavy to intensive use. Users are typically inexperienced with little or no orienteering skills. Trails are easily traveled by a wide range of users.

(D) Permitted uses are those in which people can participate in activities to realize experiences such as socialization, cultural and natural history appreciation, and physical activity.

(E) The maximum design capacity for parking areas shall be 200 vehicles. The GMA vehicle capacity level of 250 vehicles shall be allowed if enhancement or mitigation measures for scenic, cultural, or natural resources are approved for at least 20 percent of the site.

(F) Accommodation of facilities for mass transportation (bus parking, etc.) shall be required for all new Recreation Intensity Class 4 day-use recreation sites and improvements to existing Recreation Intensity Class 4 day-use recreation sites where the improvement would increase the use of the site, except for sites predominantly devoted to boat access. The number and size of the mass transportation facilities shall reflect the physical capacity of the site.

(G) The following uses may be permitted subject to compliance with 350-082-0720.

(i) All uses permitted in Recreation Intensity Classes 1, 2, and 3 are permitted in Recreation Intensity Class 4.

(ii) Campgrounds with improvements that may include vehicle access, water, power, sewer, and sewage dump stations. Campgrounds shall not exceed a combination of 100 single or group campsites (tent or recreational vehicle) and a total design capacity of 500 people at one time.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Or. Admin. R. 350-082-0720 Facility Design Guidelines for All GMA and SMA Recreation Projects

(1) Recreation facilities that are not resource-based in nature may be included at sites providing resource-based recreation uses consistent with 350-082-0720, as long as such facilities comprise no more than one-third of the total land area dedicated to recreation uses or facilities. Required landscaped buffers may be included in calculations of total land area dedicated to recreation uses or facilities.

(2) The facility design guidelines are intended to apply to individual recreation facilities. Development or improvements within the same Recreation Intensity Class are considered as separate facilities if they are separated by at least 1/4 mile of undeveloped land (excluding trails, pathways, or access roads).

(3) Existing vegetation, particularly mature trees, shall be maintained to the maximum extent practicable. These trees may be used to satisfy requirements for perimeter and interior landscaped buffers.

(4) Parking areas providing over 50 spaces shall be divided into discrete “islands” separated by unpaved, landscaped buffer areas.

(5) Lineal frontage of parking areas and campsite loops on scenic travel corridors shall be minimized.

(6) Ingress and egress points shall be consolidated to the maximum extent practicable, providing for adequate emergency access pursuant to applicable fire and safety codes.

(7) Signs shall be limited to those necessary to provide relevant recreation or facility information, interpretive information, vehicular and pedestrian direction, and for safety purposes.

(8) Innovative designs and materials that reduce visual impacts (such as “turf blocks” instead of conventional asphalt paving) shall be encouraged through incentives such as additional allowable parking spaces and reduced required minimum interior or perimeter landscaped buffers. If the county determines that potential visual impacts have been substantially reduced by use of such designs and materials, it may allow either a) reductions of up to 50 percent of required minimum interior or perimeter landscape buffers, or b) up to ten percent additional parking spaces.

(9) A majority of trees, shrubs, and other plants in landscaped areas shall be species native to the landscape setting in which they occur. The landscape setting descriptions and design guidelines are found in Part I, Chapter 1. Project applicants that are required to use new landscaping are encouraged to place trees, shrubs and other plants in a manner approximating their natural condition.

(10) For any parking area with over 50 spaces, interior landscaped buffers breaking up continuous areas of parking into discrete “islands” shall be provided. The minimum width of interior landscaped buffers separating each subarea of 50 spaces or less shall be 20 feet.

(11) Grading or soil compaction within the “drip line” of existing mature trees shall be avoided to the maximum extent practicable, to reduce risk of root damage and associated tree mortality.

(12) Project applicants shall use measures and equipment necessary for the proper maintenance and survival of all vegetation used to meet landscape standards, and shall be responsible for such maintenance and survival.

(13) All parking areas shall be set back from property boundaries by at least 50 feet. All campsites and associated facilities shall be set back from property boundaries by at least 100 feet.

History

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c) & 16 USC § 544f(l)
CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022

Division 120 ECONOMIC DEVELOPMENT CERTIFICATION PROCESS

Or. Admin. R. 350-120-0000 Purpose

This division specifies the process of the Columbia River Gorge Commission (Commission) to certify activities undertaken under a National Scenic Area economic development grant and/or loan are consistent with the purposes of the Scenic Area Act, the management plan, and land use ordinances adopted pursuant to the Act.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 3-1994, f. 10-3-94, cert. ef. 10-31-94
CRGC 1-1994(Temp), f. & cert. ef. 5-4-94

Or. Admin. R. 350-120-0010 Authority

Section 11(c)(1) of the Scenic Area Act requires the Commission to certify all activities undertaken under a National Scenic Area economic development grant and/or loan are consistent with the purposes of the Act, the management plan, and land use ordinances adopted pursuant to the Act.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2004, f. 2-24-04, cert. ef. 4-1-04
CRGC 3-1994, f. 10-3-94, cert. ef. 10-31-94
CRGC 1-1994(Temp), f. & cert. ef. 5-4-94

Or. Admin. R. 350-120-0015 Definitions

For the purpose of this rule, the following definitions apply:

(1) "Activity" refers to the specific proposed action for which the grant or loan is being sought.

(2) "Project" refers to the ultimate business enterprise, development, and/or land use for which the activity supports or is a component part.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544i
CRGC 1-2004, f. 2-24-04, cert. ef. 4-1-04

Or. Admin. R. 350-120-0020 Application for Certification

(1) The applicant shall submit one complete application to the Executive Director of the Commission.

(2) A complete application shall include:

(a) One complete copy of the application materials required by the state agency administering the grant or loan program, excluding confidential financial information;

(b) If the proposed project will be located entirely or partially within the general management area or special management area one complete copy of a Scenic Area land use ordinance development review decision, issued by the applicable county planning director, approving the proposed project as consistent with the ordinance requirements, or a copy of a letter from the applicable county planning director stating why the proposed project does not require review under the county's Scenic Area land use ordinance;

(c) One completed application for certification form, available from the Gorge Commission and/or the state agencies administering the grant or loan program. The form shall include the following information:

(A) Applicant's name and business address;

(B) Description of proposed project and activity for which a Scenic Area grant or loan is sought;

(C) legal description and map of the specific location of proposed project; if project has multiple or regional locations, these should be identified;

(D) Description of the existing use of the property or properties on which the project will be located and/or used;

(E) A statement setting forth any local, state or federal permits required and a report on their status; and

(F) Signature of applicant and property owner if, different from applicant.

(d) One copy of each of any state and federal environmental permits that have been issued for the proposed project. If permits have not been received, copies of permit applications shall be submitted instead.

(3) The Director shall review the application and determine if it is complete. If it is not complete, the applicant is required to submit the additional information requested by the Director. Once the Director determines the application is complete, the process of staff analysis shall begin.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2004, f. 2-24-04, cert. ef. 4-1-04
CRGC 3-1994, f. 10-3-94, cert. ef. 10-31-94
CRGC 1-1994(Temp), f. & cert. ef. 5-4-94

Or. Admin. R. 350-120-0050 Expedited Certification.

(1) In making a decision to certify a proposed grant or loan the Director shall:

(a) Consult with the applicant and such agencies as the Director deems appropriate, and

(b) Consider information submitted by the applicant and all other relevant information available.

(2) The Director shall approve a grant or loan for certification only if it is consistent with the purposes of the Act, the management plan, and land use ordinances adopted pursuant to the Act, and the following criteria:

(a) The project and activity shall be consistent with the economic development policies in the Management Plan;

(b) The project and activity shall be consistent with the Economic Development Plans for Oregon and Washington as amended from time to time by the states consistent with Section 11 (a) of the Scenic Area Act;

(d) The activity shall not involve program administration; and

(e) The project shall occur only in counties that have in effect land use ordinances found consistent by the Commission and concurred on by the Secretary.

(3) Within 14 days of acceptance of the application as complete, the Director shall issue a decision along with findings of fact and conclusions of law setting forth the basis for the decision.

(4) The Director shall mail a copy of the decision to the applicant, the Forest Service, the States of Oregon and Washington, the Indian Tribes with treaty rights in the Scenic Area, the planning director of the applicable county or city, and any person who requests a copy of the decision.

(5) The Director shall periodically report to the Commission about certifications approved and denied.

History

Statutory/Other Authority: ORS 196.150
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.
CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
CRGC 1-2004, f. 2-24-04, cert. ef. 4-1-04