justicedao/ipfs_state_laws huggingface dataset:
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. (C) Consultation with members of the public and with agency and resource specialists. 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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: (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. (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). 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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). 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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. 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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. 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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. 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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. (c) No more than 500 square feet of an accessory structure may be used for a 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). 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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. (c) The use is incidental and subordinate to the primary use of the property. (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. 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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. (c) Parking areas shall be screened so they are not visible from key viewing areas. (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. 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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 (C) Ornamental concrete or steel railings. (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; (C) Meet safety standards to prevent conflicts among automobiles, trucks, pedestrians, bicyclists, and other users; (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. 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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. 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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. 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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. 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022