reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0320 - Uses Allowed on Lands Designated SMA Residential

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0340 - Uses Allowed on Lands Designated Commercial

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Uses
			 Allowed Outright. The uses listed in 350-082-0210(1)  are allowed without review
			 on lands designated Commercial.
(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 Commercial.
(3)
			 Review Uses with Additional Approval Criteria
(a) The following uses may be allowed on
			 lands designated Commercial, subject to compliance with 350-082-0600  through
			 350-082-0720  and "Approval Criteria for Specified Review Uses," in subsection
			 (b) below.
(A) Overnight accommodations
			 subject to compliance with 350-082-0430.
(B) Bed and Breakfast Inns, subject to
			 compliance with 350-082-0440.
(C)
			 Restaurants.
(D) Gift
			 shops.
(E) Home occupations in an
			 existing residence or accessory structure, subject to compliance with
			 350-082-0420.
(F) One single-family
			 dwelling per legally created and existing parcel.
(G) Accessory structures for an existing or
			 approved dwelling that are not otherwise allowed outright, eligible for the
			 expedited development review process, or allowed as accessory buildings larger
			 than 200 square feet in area or ten feet in height.
(H) Accessory building(s) larger than 200
			 square feet in area or taller than ten feet in height for a dwelling on any
			 legal parcel, subject to the following standards:
(i) 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.
(ii) The height of any
			 individual accessory building shall not exceed 24 feet.
(I) Utility facilities, roads, and
			 railroads.
(J) 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
			 new structures (e.g., fish ladders, sediment barriers) or activities (e.g.,
			 closing and revegetating unused roads, recontouring abandoned
			 quarries).
(K) Lot line adjustments
			 that would result in the potential to create additional parcels through
			 subsequent land divisions, subject to compliance with
			 350-082-0570(1).
(L) Additions to
			 existing buildings greater than 200 square feet in area or greater than the
			 height of the existing building.
(M) Docks and boathouses, subject to
			 compliance with 350-082-0410.
(N)
			 Removal or demolition of structures that are 50 or more years old, including
			 wells, septic tanks and fuel tanks.
(O) Commercial events, subject to compliance
			 with 350-082-0480.
(P) Special uses
			 in historic buildings, subject to compliance with 350-082-0530.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0350 - Uses Allowed on Lands Designated Public Recreation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Uses Allowed Outright. The uses listed in 350-082-0210(1)  are allowed without
			 review on lands designated Public Recreation.
(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 Public
			 Recreation.
(3) Review Uses with
			 Limited Additional Approval Criteria. The following uses may be allowed on
			 lands designated Public Recreation, subject to compliance with 350-082-0600  through 350-082-0720  and compliance with 350-0820700(5), except for subsections
			 0700(5)((b) and (j):
(a) Publicly owned,
			 resource-based recreation uses, consistent with 350-082-0700.
(b) Commercial uses and non-resource-based
			 recreation uses that are part of an existing or approved resource-based public
			 recreation use, consistent with the following: .
(A) Uses other than those providing public
			 recreation opportunities may be allowed if they do not interfere with existing
			 or approved recreation uses on the subject site or adjacent lands, and do not
			 permanently commit the site to nonrecreation uses.
(B) Commercial uses may be allowed if they
			 are part of an existing or approved public recreation use and are consistent
			 with the following:
(i) Private concessions
			 and other commercial uses at public recreation sites may be allowed pursuant to
			 adopted policies of the public agency owning or managing the site. If a
			 different agency manages the site, that agency's policies shall apply, unless
			 superseded by provisions of the owning agency's policies.
(ii) For commercial recreation sites and
			 public recreation sites not owned or managed by a public park agency with
			 adopted concession policies, the following policies shall apply:
(1) Retail sales at campgrounds shall be
			 limited to camping supplies for overnight guests in dedicated space within the
			 registration or central office building.
(2) Private concessions in permanent
			 structures shall be limited to one structure per park site. Sales shall be
			 limited to those items necessary for enjoyment and use of recreation
			 opportunities at the site, including food and beverages and recreation
			 equipment rental.
(3) Mobile
			 vendors may be permitted, subject to local government approvals. Local
			 government review shall address solid waste disposal, visual impacts of signs,
			 traffic circulation, and safety. Such uses shall be limited to the term of the
			 recreation season, and sales shall be limited to food and beverages and
			 recreation equipment rental.
(c) New cultivation, subject to compliance
			 with guidelines for the protection of cultural resources and natural resources
			 (350-082-0620  and 350-082-0640  through 350-082-0690).
(d) Special uses in historic buildings,
			 subject to compliance with 350-082-0530.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0360 - Uses Allowed on Lands Designated Commercial Recreation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Uses Allowed Outright. The uses listed in
			 350-082-0210(1)  are allowed without review on lands designated Commercial
			 Recreation.
(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
			 Commercial Recreation.
(3) Review
			 Uses with Limited Additional Approval Criteria. The following uses may be
			 allowed on lands designated Commercial Recreation, subject to compliance with
			 350-082-0600  through 350-082-0720  and compliance with 350082-0700(5), except
			 for subsections 0700(5)(b) and (j):
(a)
			 Commercially owned, resource-based recreation uses, consistent with
			 350-082-0700.
(b) Overnight
			 recreation accommodations that are part of a commercially owned, resource-based
			 recreation use, where such resource-based recreation use occurs on the subject
			 site or on adjacent lands that are accessed through the site, and that meet the
			 following standards:
(A) Buildings containing
			 only one unit shall be no larger than 1,500 square feet in total floor area and
			 no higher than 21/2 stories.
(B)
			 Buildings containing more than one unit shall be no larger than 5,000 square
			 feet in total floor area and no higher than 2-1/2 stories.
(C) The total number of individual units
			 shall not exceed 25, unless the proposed development complies with standards
			 for clustered accommodations in subsection (D) below.
(D) Clustered overnight recreation
			 accommodations meeting the following standards may include up to 35 individual
			 units:
(i) Average total floor area of all
			 units is 1,000 square feet or less per unit.
(ii) A minimum of 50 percent of the project
			 site is dedicated to undeveloped, open areas (not including roads or parking
			 areas).
(iii) The facility is in an
			 area classified in the Management Plan as Recreation Intensity Class
			 4.
(c)
			 Commercial uses, including restaurants sized to accommodate overnight visitors
			 and their guests, and non-resource-based recreation uses that are part of an
			 existing or approved resource-based commercial recreation use.
(d) New cultivation, subject to compliance
			 with guidelines for the protection of cultural resources and natural resources
			 (350-082-0620  and 350-082-0640  through 350-082-0690).
(e) Special uses in historic buildings,
			 subject to compliance with 350-082-0530.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0380 - Agricultural Buildings

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0390 - Temporary Use Hardship Dwellings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0400 - Sewer and Water Services

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0410 - Docks and Boathouses

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0420 - Home Occupations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0430 - Overnight Accommodations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0440 - Bed and Breakfast Inns

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0450 - Small-Scale Fishing Support and Fish Processing Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Small-scale fishing support and fish
			 processing operations in conjunction with a family-based commercial fishing
			 business may be allowed where authorized in specified land use designations and
			 consistent with sections (2) through (15) below):
(2) The operation shall comply with
			 350-082-0130(1). In addition, if the operation will be located on land
			 designated Small Woodland, then it shall also comply with 350-082-0270(5) and
			 (6).
(3) The following fishing
			 support activities may be allowed: maintenance, repair, and storage of boats,
			 nets, fish totes and other commercial fishing equipment that is used in the
			 family-based commercial fishing business; and garaging of fish hauling trucks,
			 trailers and all other related equipment that is used in the family-based
			 commercial fishing business.
(4) The
			 following fish processing activities may be allowed: cleaning, gutting,
			 heading, and icing or freezing of fish that is caught by the family-based
			 commercial fishing business. Other fish processing activities shall not be
			 allowed, including, but not limited to, canning, smoking, salting or brining
			 for wholesale or retail sale.
(5)
			 The operation shall be located on a lawful parcel that is contiguous with and
			 has direct access to the Columbia River.
(6) The subject parcel shall include a lawful
			 dwelling, and the permanent resident of the dwelling shall participate in the
			 fishing support and fish processing operation.
(7) The operation may only employ residents
			 of the dwelling and up to three outside employees.
(8) No more than 25 percent of the total
			 actual living space of the dwelling may be used for the fishing support and
			 fish processing operation.
(9) The
			 operation may take place in an existing or new lawful accessory building or an
			 existing agricultural building on the subject parcel. A new building
			 constructed for the purpose of housing a fishing support and fish processing
			 operation shall be considered an accessory building. An existing agricultural
			 building shall not be expanded, and a new agricultural building shall not be
			 constructed for the purpose of housing a fishing support and fish processing
			 operation.
(10) An accessory
			 building used in the fishing support and fish processing operation may be
			 allowed up to 2,500 square feet.
(11) Docks may be allowed as follows:
(a) One dock serving a parcel with an
			 approved fishing support and fish processing operation may be allowed up to 500
			 square feet in size.
(b) For
			 multiple contiguous parcels each with an approved fishing support and fish
			 processing operation, the area of the docks authorized in in subsection (A)
			 above may be combined into one dock, provided the total size of the dock shall
			 not exceed 2,000 square feet.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0460 - Resource Enhancement Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Resource
			 enhancement projects may be allowed where authorized in specified land use
			 designations and consistent with the guidelines in sections (2) through (6)
			 below.
(2) Applications for
			 resource enhancement projects must describe the goals and benefits of the
			 proposed enhancement project. They must also thoroughly document the condition
			 of the resource before and after the proposed enhancement project. Applicants
			 shall seek technical assistance from federal, state or county technical experts
			 for assistance in designing voluntary wetland, stream, habitat, plant, and
			 scenic enhancement projects.
(3) In
			 addition to compliance with 350-0872-0600 through 350-082-0720, quarry
			 enhancement projects shall comply with the following guidelines:
(a) Application Requirements. In addition to
			 other applicable requirements, land use applications for quarry enhancement
			 projects shall include perspective drawings of the site as visible from key
			 viewing areas as specified in 350-082-0500(6)(f)  and a reclamation plan that
			 provides at a minimum the following information:
(A) A map of the site, at a scale of one inch
			 equals 200 feet (1:2,400) or a scale providing greater detail, with 10-foot
			 contour intervals or less, showing pre-reclamation existing grades and
			 post-reclamation final grades; locations of topsoil stockpiles for eventual
			 reclamation use; location of catch basins or similar drainage and erosion
			 control features employed for the duration of the use; and the location of
			 storage, processing, and equipment areas employed for the duration of the
			 use.
(B) Cross-sectional drawings
			 of the site showing pre-reclamation and post- reclamation grades.
(C) Descriptions of the proposed use, in
			 terms of estimated quantity and type of material removed, estimated duration of
			 the use, processing activities, etc.
(D) Description of drainage and erosion
			 control features to be employed for the duration of the use.
(E) A landscaping plan providing for
			 revegetation consistent with the vegetation patterns of the subject landscape
			 setting, indicating the species, number, size, and location of plantings for
			 the final reclaimed grade, as well as a description of irrigation provisions or
			 other measures necessary to ensure the survival of plantings.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0470 - Disposal Sites for Spoil Materials from Public Road Maintenance Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disposal sites
			 for spoil materials from public road maintenance activities may be allowed
			 where authorized in specified land use designations and consistent with the
			 guidelines in sections (2) through (4) below.
(2) Application Requirements. In addition to
			 other applicable requirements, land use applications for disposal sites shall
			 include the same information that applicants are required to submit for
			 expansion of existing quarries and exploration, development (extraction and
			 excavation), and production of mineral resources in the GMA, including, but not
			 limited to:
(a) A reclamation plan that
			 provides at a minimum the following information:
(A) A map of the site, at a scale of one inch
			 equals 200 feet (1:2,400) or a scale providing greater detail, with 10-foot
			 contour intervals or less, showing pre-reclamation existing grades and
			 post-reclamation final grades; locations of topsoil stockpiles for eventual
			 reclamation use; location of catch basins or similar drainage and erosion
			 control features employed for the duration of the use; and the location of
			 storage, processing, and equipment areas employed for the duration of the
			 use;
(B) Cross-sectional drawings
			 of the site showing pre- reclamation and post- reclamation grades;
(C) Descriptions of the proposed use, in
			 terms of estimated quantity and type of material removed, estimated duration of
			 the use, processing activities, etc.;
(D) Description of drainage and erosion
			 control features to be employed for the duration of the use; and
(E) A landscaping plan providing for
			 revegetation consistent with the vegetation patterns of the subject landscape
			 setting, indicating the species, number, size, and location of plantings for
			 the final reclaimed grade, as well as a description of irrigation provisions or
			 other measures necessary to ensure the survival of plantings.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0490 - Recreation Resorts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recreation
			 Resorts may be allowed where authorized in specified land use designations and
			 consistent with the guidelines in sections (2) through (5) below.
(2) Uses Allowed: All commercial development
			 (except for privately owned, public use resource-based recreation uses) and
			 accommodations within a recreation resort shall be located within the resort
			 core. Recreation facilities associated with the recreation resort shall be
			 included on the resort master plan and may extend to contiguous and adjacent
			 lands under other land use designations only if consistent with the land use
			 designation and the Recreation Intensity Class guidelines in 350-082-0700.
(a) Accommodations that are part of a
			 recreation resort shall meet the following standards:
(A) The total number of accommodation units
			 and campground sites shall not exceed that approved by the resort master
			 plan.
(B) The average size of
			 accommodation units shall not exceed 1,300 square feet. Individual
			 accommodation units shall be no larger than 1,600 square feet in total floor
			 area.
(C) No unit shall contain
			 more than one kitchen.
(D) Parking
			 shall be predominantly in common lots or structures and accessed through shared
			 driveways. Individual accommodation units shall not have separate or attached
			 garages.
(E) All accommodation
			 units shall have design and use restrictions that effectively limit their use
			 to short-term occupancy and that require occupancy to be limited to no more
			 than 45 days in any 90-day period.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0500 - Expansion of Existing Quarries and Exploration, Development, and Production of Mineral Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Expansion of
			 existing quarries and exploration, development (extraction and excavation), and
			 production of mineral resources may be allowed where authorized in specified
			 land use designations and consistent with the guidelines in sections (2)
			 through (7) below.
(2) Expansion of
			 existing quarries and exploration, development (extraction and excavation), and
			 production of mineral resources proposed on sites more than four miles from the
			 nearest key viewing areas from which it is visible may be allowed upon a
			 demonstration that:
(a) The site plan
			 requirements have been met.
(b) The
			 area to be mined and the area to be used for primary processing, equipment
			 storage, stockpiling, etc., associated with the use would be visually
			 subordinate as visible from any key viewing areas.
(c) A reclamation plan to restore the site to
			 a natural appearance that blends with and emulates distinctive characteristics
			 of the designated landscape setting to the maximum extent practicable has been
			 approved. At minimum, the reclamation plan shall comply with sections (6) and
			 (7) below.
(d) A written report on
			 a determination of visual subordinance has been completed, with findings
			 addressing the extent of visibility of proposed mining activities from key
			 viewing areas, including:
(A) A list of key
			 viewing areas from which exposed mining surfaces (and associated facilities and
			 activities) would be visible;
(B)
			 An estimate of the surface area of exposed mining surfaces that would be
			 visible from those key viewing areas;
(C) The distance from those key viewing areas
			 and the linear distance along those key viewing areas from which proposed
			 mining surfaces are visible;
(D)
			 The slope and aspect of mining surfaces relative to those portions of key
			 viewing areas from which they are visible;
(E) The degree to which potentially visible
			 mining surfaces are screened from key viewing areas by existing vegetation,
			 including winter screening considerations; and
(F) The degree to which potentially visible
			 mining surfaces would be screened by new plantings, berms, etc., and
			 appropriate time frames to achieve such results, including winter screening
			 considerations.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0510 - Columbia River Bridge Replacement

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0540 - Renewable Energy Production in the GMA

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0550 - Consolidation of Lots

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0560 - Land Divisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0580 - Buffer Zones

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Many standards in this land use ordinance
			 contain requirements for buffer zones for specific development and land uses
			 and to protect scenic, cultural, natural, and recreation resources and
			 agricultural and forest uses and land that are not listed in
			 350-082-0580.
(2) Agricultural
			 Buffer Zones in the GMA
(a) All new buildings
			 in the GMA shall comply with the setbacks in 350-082-0580  Table 1 - Setback
			 Guidelines when proposed to be located on a parcel adjacent to lands that are
			 designated Large-Scale Agriculture or Small-Scale Agriculture and are currently
			 used for agricultural use.
(b) New
			 buildings adjacent to lands designated Large-Scale Agriculture or Small-Scale
			 Agriculture that are suitable, but currently not used for agriculture, shall
			 use the open or fenced setback associated with the dominant type of agriculture
			 in the vicinity. If a vegetation barrier, eight-foot berm, or terrain barrier
			 exists, the corresponding setback shall apply. If more than one type of
			 agriculture is dominant, the setback shall be the larger width.
(c) Earth berms may be used to satisfy, in
			 part, the setback guidelines. The berm shall be a minimum of eight feet in
			 height and contoured at 3:1 slopes to look natural. Shrubs, trees, or grasses
			 shall be employed on the berm to control erosion and achieve a finished height
			 of 15 feet.
(d) The planting of a
			 continuous vegetative screen may be used to satisfy, in part, the setback
			 guidelines. Trees shall be at least six feet high when planted and reach an
			 ultimate height of at least 15 feet. The vegetation screen shall be planted
			 along the appropriate parcel line(s) and shall be continuous.
(e) The necessary berm or planting shall be
			 completed during the first phase of development and maintained in good
			 condition.
(f) If several crops or
			 crop rotation is involved in the adjacent operation, the greater setback shall
			 apply.
(g) The Executive Director
			 may grant a variance to the buffer guidelines upon a demonstration that the
			 variance guidelines in 350-082-0590  have been satisfied.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0590 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the GMA, when setbacks or buffers
			 specified in the guidelines for the protection of scenic, cultural, natural,
			 recreation, agricultural, or forestry resources overlap or conflict, the
			 setbacks or buffers may be varied upon a demonstration of compliance with both
			 of the following guidelines:
(a) A setback or
			 buffer specified in this land use ordinance to protect one resource would cause
			 the proposed use to fall within a setback or buffer specified in the plan to
			 protect another resource.
(b)
			 Variation from the specified setbacks or buffer would, on balance, best achieve
			 the protection of the affected resources.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0600 - General Management Area Scenic Resources Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The following scenic review guidelines shall apply to all
				Review Uses in the GMA of the Columbia River Gorge National Scenic Area:
(1) All review uses. The guidelines in this
			 section apply to all review uses in the National Scenic Area.
(a) New development shall be sited and
			 designed to retain the existing topography and to minimize grading activities
			 to the maximum extent practicable.
(b) New buildings and expansion of existing
			 development shall be compatible with the general scale of existing nearby
			 development. New buildings that are 1,500 square feet or less are exempt from
			 this guideline. Findings addressing this guideline shall include, but are not
			 limited to:
(A) Application of the landscape
			 setting design guidelines, if applicable.
(B) A defined study area surrounding the
			 development that includes at least ten existing buildings, not including
			 existing buildings within urban areas or outside the National Scenic
			 Area.
(C) Individual evaluations of
			 scale for each separate proposed building in the application and each separate
			 building in the study area, including:
(i) All
			 finished above ground square footage;
(ii) Total area of covered decks and
			 porches;
(iii) Attached
			 garages;
(iv) Daylight
			 basements;
(v) Breezeways, if the
			 breezeway shares a wall with an adjacent building; and
(vi) Dimensions, based on information from
			 the application or in Assessor's records.
(D) An overall evaluation demonstrating the
			 compatibility of proposed development' with surrounding existing development
			 and development approved but not yet constructed. Buildings in the vicinity of
			 the proposed development that are significantly larger in size than the rest of
			 the buildings in the study area should be removed from this
			 evaluation.
(c)
			 Landowners shall be responsible for the proper maintenance and survival of any
			 planted vegetation required by 350082-0600.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0630 - Special Management Area Cultural Resources Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Guidelines for Implementing the
			 Cultural Resources Protection Process
(a) All
			 cultural resource information shall remain confidential, according to Section
			 6(a)(1)(A) of the National Scenic Area Act. Federal agency cultural resource
			 information is also exempt by statute from the Freedom of Information Act under
			 16 USC §
										470aa and
			 36
			 CFR 296.18.
(b) All cultural
			 resource surveys, evaluations, assessments, and mitigation plans shall be
			 performed by professionals whose expertise reflects the type of cultural
			 resources that are involved. Principal investigators shall meet the
			 professional standards published in  36 CFR 61.
(c) The Forest Service will be responsible
			 for performing the literature review and consultation, inventory, evaluations
			 of significance, assessments of effect, and mitigation requirements in
			 350-082-0630(4)  for federal forest practices and National Forest System
			 lands.
(d) New developments or land
			 uses shall not adversely affect significant cultural resources.
(e) Determination of potential effects to
			 significant cultural resources shall include consideration of cumulative
			 effects of proposed developments that are subject to a reconnaissance or
			 historic survey, a determination of significance, an assessment of effect, or a
			 mitigation plan.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0640 - General Management Area Water Resources (Wetlands, Streams, Ponds, Lakes, and Riparian Areas) 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 National Scenic Area is
			 shown on the National Wetlands Inventory (U.S. Department of the Interior) as
			 well as local wetlands inventories produced by state or local governments. In
			 addition, the list of hydric soils and the soil survey maps shall be used as an
			 indicator of wetlands. Some wetlands may not be shown on the wetlands inventory
			 or soil survey maps. Wetlands that are discovered during an inspection of a
			 potential project site shall be delineated and protected.
(B) The project applicant shall be
			 responsible for using the procedures specified in the Corps of Engineers
			 Wetlands Delineation Manual (Wetlands Research Program Technical Report Y-87-1,
			 on-line edition) and applicable Regional Supplements as may be revised from
			 time to time. All wetlands delineations shall be conducted by a professional
			 who has been trained to use the federal delineation procedures.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0650 - General Management Area Sensitive Wildlife Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Review Uses and Site Plans
(a) Except uses allowed outright, proposed
			 uses may be allowed within 1,000 feet of a Priority Habitat or sensitive
			 wildlife site, subject to compliance with 350-082-0600  through 350-082-0720  and
			 section (3) below. Priority Habitats are listed in 350-082-0690  Table 1 -
			 Priority Habitats.
(b) The
			 approximate locations of sensitive wildlife sites are maintained by the Gorge
			 Commission, Forest Service, and state wildlife agencies. State wildlife
			 biologists will help determine if a new use would adversely affect a Priority
			 Habitat or sensitive wildlife site.
(c) Proposed uses within 1,000 feet of a
			 Priority Habitat or sensitive wildlife site shall be evaluated for adverse
			 effects, including cumulative effects, and adverse effects shall be
			 prohibited.
(d) In addition to the
			 information required in all site plans, uses within 1,000 feet of a Priority
			 Habitat or sensitive wildlife site shall include a map prepared at a scale of
			 one inch equals 100 feet (1:1,200), or a scale providing greater
			 detail.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0660 - General Management Area Rare Plant Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Review Uses and Site Plans
(a) Except uses
			 allowed outright, proposed uses may be allowed within 1,000 feet of a rare
			 plant, subject to compliance with 350-082-0600  through 350-082-0720  and section
			 (3) below.
(b) The approximate
			 locations of rare plants are shown in rare plant species data maintained by the
			 Oregon Biodiversity Information Center and the Washington Natural Heritage
			 Program. State heritage staff will help determine if a new use would invade the
			 buffer zone of rare plants. Endemic plants species shown in 350-082-0690  Table
			 2 - Columbia Gorge and Vicinity Endemic Plant Species are considered rare
			 plants even if not contained in the state heritage data.
(c) Proposed uses within 1,000 feet of a rare
			 plant shall be evaluated for adverse effects, including cumulative effects, and
			 adverse effects shall be prohibited.
(d) In addition to the information required
			 in all site plans, uses within 1,000 feet of a rare plant site shall include a
			 map prepared at a scale of one inch equals 100 feet (1:1,200) or a scale
			 providing greater detail.