Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0074 - Uses Allowed Outright

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All Land Use Designations Except Open
			 Space and Agriculture -- Special:
(a) The
			 following uses may be allowed without review in all GMA and SMA land use
			 designations, except GMA and SMA Open Space and Agriculture -- Special:
(A) In the General Management Area,
			 agricultural uses except new cultivation. Any operation that would cultivate
			 land that has not been cultivated, or has lain idle, for more than 5 years
			 shall be considered new cultivation. For this guideline, cultivation and
			 vegetation removal may be allowed in conjunction with a home garden.
(B) In the Special Management Area,
			 agricultural uses within previously disturbed and regularly worked fields or
			 areas.
(C) Forest practices in the
			 General Management Area that do not violate conditions of approval for other
			 approved uses and developments.
(D)
			 Repair, maintenance and operation of existing structures, including, but not
			 limited to, dwellings, agricultural structures, trails, roads, railroads, and
			 utility facilities.
(E) Accessory
			 structures 60 square feet or less in area and 10 feet or less in height, unless
			 within the buffer zone of a wetland, stream, pond, lake or riparian area. This
			 category does not include signs, fences, outdoor lights, retaining walls,
			 flagpoles, transportation facilities, or utility facilities.
(F) Wire-strand or woven-wire fences used for
			 gardens, yards, livestock, and similar uses less than or equal to 500 feet in
			 length and less than or equal to 10 feet in height that are accessory to an
			 existing dwelling, provided woven-wire fences (posts and wire) are brown or
			 black if visible from key viewing areas. Height is measured from the ground to
			 the top wire.
(G) Wire-strand
			 fences less than or equal to 48 inches in height that are outside deer and elk
			 winter range as delineated in the Gorge Commission/USDA Forest Service natural
			 resource inventories or determined by an appropriate federal or state agency.
			 Height is measured from the ground to the top wire. This category does not
			 include fences associated with transportation facilities or utility
			 facilities.
(H) The following
			 transportation facilities:
(i) Replace
			 existing safety or protective structures, including guardrails, access control
			 fences and gates, barriers, energy attenuators, safety cables, and traffic
			 signals and controllers, provided the replacement structures are:
(I) The same location and size as the
			 existing structures; and
(II) The
			 same building materials as the existing structures, or building materials that
			 are dark brown with a flat, non-reflective finish, or building materials
			 consistent with the Historic Columbia River Highway Master Plan for the
			 Historic Columbia River Highway or a scenic highway corridor strategy for
			 Interstate 84 or Washington State Route 14 prepared according to the GMA
			 policies in the section of the Scenic Resources chapter of the Management Plan
			 titled "Scenic Travel Corridors".
(ii) Replace existing traffic detection
			 devices, vehicle weighing devices, and signal boxes, provided the replacement
			 structures are
(I) The same location and size
			 as the existing structures: and
(II) the same building materials as the
			 existing structures, or building materials that are dark brown with a flat,
			 non-reflective finish, or building materials consistent with the Historic
			 Columbia River Highway Master Plan for the Historic Columbia River Highway or a
			 scenic highway corridor strategy for Interstate 84 or Washington State Route 14
			 prepared according to the GMA policies in the section of the Scenic Resources
			 chapter of the Management Plan titled "Scenic Travel
			 Corridors".
(iii) New
			 raised pavement markers, guide posts, object markers, inlay markers, and
			 pavement markings and striping.
(iv)
			 Permanent public regulatory, guide, and warning signs, except those excluded
			 below, provided
(II) The signs comply with the
			 Manual for Uniform Traffic Control Devices: and
(II) The support structures and backs of all
			 signs are dark brown with a flat, non-reflective finish. This category does not
			 include specific service signs; destination and distance signs; variable
			 message signs; or signs that bridge or are cantilevered over the road
			 surface.
(v) Extensions of
			 existing guardrails less than or equal to 50 feet in length and new guardrail
			 ends for existing guardrails, provided the guardrails and guardrail ends are
(I) Located inside rights-of-way that have
			 been disturbed in the pas;t and
(II)
			 Constructed of materials that match the existing structure, natural wood,
			 weathering steel (e.g., Corten), or materials consistent with the Historic
			 Columbia River Highway Master Plan for the Historic Columbia River Highway or a
			 scenic highway corridor strategy for Interstate 84 or Washington State Route 14
			 prepared according to the GMA policies in the section of the Scenic Resources
			 chapter of the Management Plan titled "Scenic Travel Corridors".
(vi) New guardrails and guardrail
			 ends, provided the structures are
(I) located
			 inside rights-of-way that have been disturbed in the past: and
(II) constructed of natural wood, weathering
			 steel (e.g., Corten), or materials consistent with the Historic Columbia River
			 Highway Master Plan for the Historic Columbia River Highway or a scenic highway
			 corridor strategy for Interstate 84 or Washington State Route 14 prepared
			 according to the GMA policies in the section of the Scenic Resources chapter of
			 the Management Plan titled "Scenic Travel Corridors". This category does not
			 include jersey barriers.
(vii) In the General Management Area, replace
			 and/or expand existing culverts, provided the entity or person owning or
			 operating the culvert shall obtain all necessary federal and state permits that
			 protect water quality and fish and wildlife habitat before
			 construction.
(viii) In the Special
			 Management Area, replace and/or expand existing culverts for ephemeral streams
			 or ditches, provided the visible ends of culverts shall be dark and
			 non-reflective.
(ix) Resurface or
			 overlay existing paved roads, provided the activity does not:
(I) Increase the width of a road;
(II) disturb the toe of adjacent embankments,
			 slopes or cut banks; or
(III)
			 change existing structures or add new structures.
(x) Apply dust abatement products to
			 non-paved road surfaces.
(xi) Grade
			 and gravel existing road shoulders, provided the activity does not
(I) Increase the width of a road;
(II) Disturb the toe of adjacent embankments,
			 slopes or cut banks; or
(III)
			 Change existing structures or add new structures.
(xii) Replace the superstructure of bridges
			 (e.g., decks, beams) for bridges less than or equal to 30 feet in length and
			 less than or equal to 1,000 square feet in area. This category does not include
			 guardrails or the substructure of bridges (e.g., foundations, abutments).The
			 following underground utility facilities:
(xiii) Replace or modify existing underground
			 utility facilities located inside road, utility or railroad rights-of-way or
			 easements that have been disturbed in the past or co-locate new underground
			 utility facilities with existing underground facilities located inside road,
			 utility or railroad rights-of-way or easements that have been disturbed in the
			 past, provided no excavation would extend beyond the depth and extent of the
			 original excavation.
(ix) Replace
			 or modify existing underground utility facilities located inside road, utility
			 or railroad rights-of-way or easements that have been disturbed in the past or
			 co-locate new underground utility facilities with existing underground
			 facilities located inside road, utility or railroad rights-of-way or easements
			 that have been disturbed in the past, provided
(I) No excavation would extend more than 12
			 inches beyond the depth and extent of the original excavation;
(II) No ditch for linear facilities would be
			 more than 24 inches wide;
(III) No
			 excavation for non-linear facilities would exceed 10 cubic yards; and
(IV) No recorded archaeological site is
			 located within 500 feet of the development. To comply with (IV), the entity or
			 person undertaking the development shall contact the Washington Office of
			 Archaeology and Historic Preservation or the Oregon State Historic Preservation
			 Office and obtain a letter or other document stating no recorded archaeological
			 site is located within 500 feet of the
			 development.
(J)
			 The following aboveground and overhead utility facilities:
(i) Replace existing aboveground and overhead
			 utility facilities including towers, pole/tower-mounted equipment, cables and
			 wires, anchors, pad-mounted equipment, service boxes, pumps, valves, pipes,
			 water meters, and fire hydrants, provided the replacement facilities would
			 have:
(I) The same location and size as the
			 existing facilities and
(II) The
			 same building materials as the existing facilities, or building materials that
			 are dark brown with a flat, non-reflective finish, or building materials
			 consistent with the Historic Columbia River Highway Master Plan for the
			 Historic Columbia River Highway or a scenic highway corridor strategy for
			 Interstate 84 or Washington State Route 14 prepared according to the GMA
			 policies in the section of the Scenic Resources chapter of the Management Plan
			 titled "Scenic Travel Corridors".
(ii) Replace existing utility poles, provided
			 the replacement poles are:
(I) Located within
			 5 feet of the original poles;
(II)
			 No more than 5 feet taller and 6 inches wider than the original poles;
			 and
(III) Constructed of natural
			 wood, weathering steel (e.g., Corten), materials that match the original poles,
			 or materials that are dark brown with a flat, non-reflective
			 finish.
(iii) New whip
			 antennas for public service less than or equal to 8-feet in height and less
			 than or equal to 2 inches in diameter, cables, wires, transformers, and other
			 similar equipment, provided all such structures are on existing utility poles
			 or towers.
(K) Flagpoles
			 that are accessory to the principal building on a parcel, provided the height
			 of the flagpole is less than or equal to the height of the highest ridgeline or
			 parapet of the principal building.
(L) The following signs:
(i) Election signs. Removal must be
			 accomplished within 30 days of election day.
(ii) "For sale" signs not greater than 12
			 square feet. Removal must be accomplished within 30 days of close of
			 sale.
(iii) Temporary construction
			 site identification, public service company, safety, or information signs not
			 greater than 32 square feet. Exceptions may be granted for public highway signs
			 necessary for public safety and consistent with the Manual for Uniform Traffic
			 Control Devices. Removal must be accomplished within 30 days of project
			 completion.
(iv) Signs posted on
			 private property warning the public against trespassing, danger from animals,
			 the private nature of a road, driveway or premise, or signs prohibiting or
			 otherwise controlling fishing or hunting, provided such signs are not greater
			 than 6 square feet in the General Management Area and 2 square feet in the
			 Special Management Area.
(v)
			 Temporary signs advertising civil, social, or political gatherings and
			 activities, provided such signs do not exceed 12 square feet. Removal must be
			 accomplished within 30 days of the close of the event.
(vi) Signs posted by governmental
			 jurisdictions giving notice to the public. Such signs shall be no larger than
			 that required to convey the intended message.
(vii) In the General Management Area, signs
			 associated with the use of a building or buildings, if placed flat on the
			 outside walls of buildings (not on roofs or marquees).
(M) In the General Management Area, wind
			 machines for frost control in conjunction with agricultural use.