Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0070 - Exempt Land Uses and Activities

Current through Register Vol. 63, No. 7, July 1, 2024
These policies repeat and respond to direction in Section 17 of
				the Scenic Area Act that the Management Plan not affect certain uses that take
				place in the Scenic Area.
(1) The
			 Gorge Commission and Forest Service shall, in the Management Plan and in the
			 implementation actions, protect treaty and other rights of Indian tribes.
			 Nothing plan may interfere with the exercise of those rights.
(2) Lands held in trust by the Secretary of
			 the Interior for Indian tribes or for individual members of Indian tribes, and
			 lands acquired by the U.S. Army Corps of Engineers and administered by the
			 Secretary of the Interior for the benefit of Indian tribes or of individual
			 members of In-dian tribes, shall be exempt from regulation under the Management
			 Plan or land use ordinances adopted by counties or the Gorge Commission
			 pursuant to the Scenic Area Act. This exemption shall extend to lands selected
			 by the U.S. Army Corps of Engineers as "in lieu" fishing sites pursuant to
			 Public Law
			 100-581 before or after the effective date of the
			 Management Plan. For those "in lieu" sites chosen after the effective date of
			 the Management Plan, the exemption shall commence upon selection by the U.S.
			 Army Corps of Engineers.
(3) Rights
			 to surface or ground water shall be exempt from regulation under the Management
			 Plan or land use ordinances adopted by counties or the Gorge Commission
			 pursuant to the Scenic Area Act.
(4) Water transportation activities on the
			 Columbia River or its tributaries shall be exempt from regulation under the
			 Management Plan or land use ordinances adopted by counties or the Gorge
			 Commission pursuant to the Scenic Area Act. The term "activities" includes
			 those facilities necessary for navigation.
(5) The operation, maintenance, and
			 modification of existing transmission facilities of the Bonneville Power
			 Administration shall be exempt from regulation under the Management Plan or
			 land use ordinances adopted by the counties or the Gorge Commission pursuant to
			 the Scenic Area Act.
(6) Neither
			 the Management Plan nor land use ordinances adopted by counties or the Gorge
			 Commission pursuant to the Scenic Area Act may affect laws, rules, or
			 regulations pertaining to hunting or fishing.
(7) Neither the Forest Service nor the Gorge
			 Commission may establish any buffer zones or protective perimeters outside the
			 boundaries of the Scenic Area.
(8)
			 The operation, maintenance, and improvement of navigation facilities at
			 Bonneville Dam pursuant to federal law, except for the offsite disposal of
			 excavation material, shall be exempt from regulation under the Management Plan
			 or land use ordinances adopted by counties or the Gorge Commission under the
			 Scenic Area Act.
(9) In the GMA,
			 the rights and responsibilities of non-federal timber landowners under the
			 Forest Practices Acts of Washington and Oregon, or under county regulations
			 that supersede those acts, shall be exempt from regulation under the Management
			 Plan or land use ordinances adopted by counties or the Gorge Commission
			 pursuant to the Scenic Area Act.
Stat. Auth.: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. sec. 544c(b)  \
Stats. Implemented: ORS
				  196.150