justicedao/ipfs_state_laws huggingface dataset:
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. 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) History: 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
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. 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) History: CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
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. 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
350-082-0020 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. 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
350-082-0030 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.] 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) History: CRGC 1-2022, adopt filed 03/02/2022, effective 05/01/2022
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. 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
350-082-0050 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. 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
350-082-0060 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. 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
350-082-0090 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. 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
350-082-0100 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. 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
350-082-0110 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; (c) A brief description of the proposed action; (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.] 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
350-082-0120 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. 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
350-082-0140 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. 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
350-082-0170 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. 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
350-082-0180 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. 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
350-082-0190 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. 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