reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0560 - General Management Area Wetland Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Scenic Area is shown on the National Wetlands Inventory (U.S.
			 Department of the Interior 1987). In addition, the list of hydricsoils and the
			 soil survey maps shall be used as an indicator of wetlands. Wetlands boundaries
			 shall be delineated using the procedures specified in the Corps of Engineers
			 Wetlands Delineation Manual (Wetlands Research Program Technical Report Y-87-1,
			 on-line edition, updated through March 21, 1997).
(B) All wetlands delineations shall be
			 conducted by a professional which has been trained to use the federal
			 delineation process, such as a soil scientist, botanist, or wetlands
			 ecologist.
(C) The Executive
			 Director may verify the accuracy of, and may render adjustments to, a wetlands
			 boundary delineation. In the event the adjusted boundary delineation is
			 contested by the applicant, the Executive Director shall, at the applicant's
			 expense, obtain professional services to render a final delineation.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0570 - General Management Area Stream, Pond, Lake and Riparian Area Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Stream, Pond, and Lake Boundaries and Site Plans for Review Uses in Aquatic and
			 Riparian Areas
(a) If a proposed use would be
			 in a stream, pond, lake or their buffer zones, the project applicant shall be
			 responsible for determining the exact location of the ordinary high watermark
			 or normal pool elevation.
(b) In
			 addition to the information required in all site plans, site plans for proposed
			 uses in streams, ponds, lakes, and their buffer zones shall include:
(A) A site plan map prepared at a scale of 1
			 inch equals 100 feet (1:1,200), or a scale providing greater detail;
(B) The exact boundary of the ordinary high
			 watermark or normal pool elevation and prescribed buffer zone; and
(C) A description of actions that would alter
			 or destroy the stream, pond, lake, or riparian area.
(c) Determination of potential effects to
			 significant natural resources shall include consideration of cumulative effects
			 of proposed developments within streams, ponds, lakes, riparian areas and their
			 buffer zones.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0580 - General Management Area Sensitive Wildlife Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sensitive
			 Wildlife Areas and Sites and Site Plans Near Sensitive Wildlife
(a) Proposed uses shall not adversely affect
			 sensitive wildlife areas or sensitive wildlife sites:
(A) "Sensitive wildlife areas" in the
			 Columbia Gorge means the following land and water areas that appear in the
			 wildlife inventory map prepared and maintained by the Gorge Commission:
Bald eagle habitat.
Deer and elk winter range.
Elk habitat.
Mountain goat habitat.
Peregrine falcon habitat.
Pika colony area.
Pileated woodpecker habitat.
Pine marten habitat.
Shallow water fish habitat (Columbia R.).
Special streams.
Special habitat area.
Spotted owl habitat.
Sturgeon spawning area.
Tributary fish habitat.
Turkey habitat.
Waterfowl area.
Western pond turtle habitat.
(B) "Sensitive wildlife sites" means sites
			 that are used by animal species that are
(i)
			 Listed as endangered or threatened pursuant to federal or state endangered
			 species acts,
(ii) Listed as
			 endangered, threatened, sensitive, or candidate by the Washington Wildlife
			 Commission,
(iii) Listed as
			 sensitive by the Oregon Fish and Wildlife Commission, or
(iv) Considered to be of special interest to
			 the public (limited to great blue heron, osprey, golden eagle, mountain goat,
			 and prairie falcon). Updated lists of species included in sensitive wildlife
			 sites can be found on the websites for the Washington Department of Fish and
			 Wildlife (Species of Concern list) and the Wildlife Division of Oregon
			 Department of Fish and Wildlife. A list also is maintained by the USDA Forest
			 Service - Scenic Area Office and available on the Gorge Commission
			 website.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0590 - General Management Areas Rare Plant Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sensitive Plants and Site Plans for
			 Review Uses Near Sensitive Plants
(a)
			 Proposed uses shall not adversely affect sensitive plants. "Sensitive plants"
			 means plant species that are
(A) Endemic to
			 the Columbia River Gorge and vicinity,
(B) Listed as endangered or threatened
			 pursuant to federal or state endangered species acts, or
(C) Listed as endangered, threatened, or
			 sensitive by the Oregon or Washington Natural Heritage program. Updated lists
			 of sensitive plant species can be found on the websites for the Oregon or
			 Washington Natural Heritage Program. A list also is maintained by the USDA
			 Forest Service - Scenic Area Office and available on the Gorge Commission
			 website.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0610 - General Management Areas Recreation Resource Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The following uses are allowable, subject to compliance with
				350-081-0610(5) and (6).
(1)
			 Recreation Intensity Class 1 (Very Low Intensity):
(a) Parking areas for a maximum of 10 cars
			 for any allowed uses in Recreation Intensity Class 1.
(b) Trails for hiking, equestrian, and
			 mountain biking use.
(c) Pathways
			 for pedestrian and bicycling use.
(d) Trailheads (with provisions for hitching
			 rails and equestrian trailers at trailheads accommodating equestrian
			 use).
(e) Scenic viewpoints and
			 overlooks.
(f) Wildlife/botanical
			 viewing and nature study areas.
(g)
			 River access areas.
(h) Simple
			 interpretive signs and/or displays, not to exceed a total of 50 square
			 feet.
(i) Entry name signs, not to
			 exceed 10 square feet per sign.
(j)
			 Boat docks, piers, or wharfs.
(k)
			 Picnic areas.
(l) Restrooms/comfort
			 facilities.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0620 - Special Management Area Recreation Resource Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 shall apply to all new recreation developments and land uses in the Special
			 Management Area:
(a) New developments and
			 land uses shall not displace existing recreational use.
(b) Recreation resources shall be protected
			 from adverse effects by evaluating new developments and land uses as proposed
			 in the site plan. An analysis of both on and off site cumulative effects shall
			 be required.
(c) New pedestrian or
			 equestrian trails shall not have motorized uses, except for emergency services
			 and motorized wheelchairs.
(d)
			 Mitigation measures shall be provided to preclude adverse effects on the
			 recreation resource.
(e) The
			 facility guidelines contained in 350-081-0620(1)  are intended to apply to
			 individual recreation facilities. For the purposes of these guidelines, a
			 recreation facility is considered a cluster or grouping of recreational
			 developments or improvements located in relatively close proximity to one
			 another. Recreation developments or improvements to be considered a separate
			 facility from other developments or improvements within the same recreation
			 intensity class must be separated by at least one-quarter mile of undeveloped
			 land (excluding trails, pathways, or access roads).
(f) New development and reconstruction of
			 scenic routes (see Part III, Chapter 1 of the Management Plan) shall include
			 provisions for bicycle lanes.
(g)
			 The Executive Director may grant a variance of up to 10 percent to the
			 guidelines of Recreation Intensity Class 4 for parking and campground units
			 upon demonstration that:
(A) Demand and use
			 levels for the proposed activity(s), particularly in the area where the site is
			 proposed, are high and expected to remain so and/or increase. Statewide
			 Comprehensive Outdoor Recreation Plan (SCORP) data and data from National
			 Scenic Area recreation demand studies shall be relied upon to meet the
			 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
			 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 the
			 goals, objectives, and policies in Chapter 4, Part 1 of the Management
			 Plan.
(E) Through site design
			 and/or 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/or mitigation measures, the proposed use can be implemented without
			 affecting treaty rights.
(G) Mass
			 transportation shall be considered and implemented, if feasible, for all
			 proposed variances to Recreation Intensity Class 4.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0630 - Notice of Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Table not included. Table is available from the
				  agency.
Stat. Auth.: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS
				  196.150
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0020 - Affected Area

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0030 - Maps

Current through Register Vol. 63, No. 7, July 1, 2024
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.
350-082-0030  Appendix 1 - Land Use Designations
Click to view
				image
350-082-0030  Appendix 2 - Landscape Settings
Click to view
				image
350-082-0030  Appendix 3 - Recreation Intensity Classes
Click to view
				image
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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0040 - Review and Approval Required

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0050 - Dates are Calendar Days

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0060 - Uniform Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0070 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0090 - Pre-Application Conference

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0100 - Acceptance of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0110 - Notice of Development Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0120 - Comment Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0140 - Consultation with Resource Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0150 - Decision of the Executive Director

Current through Register Vol. 63, No. 7, July 1, 2024
(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;
(c) Develop
			 new information necessary to evaluate the application;
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0160 - Expiration of National Scenic Area Approvals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0170 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0180 - Changes or Alterations to an Approved Action

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0190 - Applying New Less-Stringent Regulations to Development Approved Under Prior National Scenic Area Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0200 - Existing Uses and Discontinued Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0230 - Emergency/Disaster Response Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0250 - Uses Allowed on Lands Designated Agriculture-Special

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Uses Allowed Outright. The uses listed in
			 350-082-0210(3)  are allowed without review on lands designated
			 Agriculture-Special.
(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 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 350-0820600
			 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.
(C) Soil,
			 water, and vegetation conservation uses.
(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).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0290 - Uses Allowed on Lands Designated GMA Open Space

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0300 - Uses Allowed on Lands Designated SMA Open Space

Current through Register Vol. 63, No. 7, July 1, 2024
(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 350-0820600 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.