reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0210 - Approval Criteria for Life Estates - Large-Scale or Small-Scale Agriculture Designations

Current through Register Vol. 63, No. 7, July 1, 2024
A landowner who sells or otherwise transfers real property on
				lands designated Large-Scale or Small-Scale Agriculture may retain a life
				estate in a dwelling and a tract of land surrounding the dwelling. The life
				estate tract shall not be considered a parcel as defined in the Management
				Plan. A second dwelling in conjunction with agricultural use may be allowed,
				subject to compliance with guidelines for the protection of scenic, cultural,
				natural, and recreation resources and upon findings that:
(1) The proposed dwelling is in conjunction
			 with agricultural use, using Guideline 350-081-0190(1)(h).
(2) Upon termination of the life estate, the
			 original or second dwelling shall be removed.
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 81 - LAND USE ORDINANCE › Section 350-081-0220 - Approval Criteria for Specified Review Uses on Lands Designated Large-Scale or Small-Scale Agriculture

Current through Register Vol. 63, No. 7, July 1, 2024
The uses identified in 350-081-0200, may be allowed only if
				they meet both of the following criteria:
(1) The use is compatible with agricultural
			 uses and would not force a change in or significantly increase the cost of
			 accepted agricultural practices on nearby lands devoted to agricultural
			 use.
(2) The use will be sited to
			 minimize the loss of land suitable for the production of crops or
			 livestock.
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 81 - LAND USE ORDINANCE › Section 350-081-0230 - Uses Allowed Outright for Lands Designated Agriculture-Special

Current through Register Vol. 63, No. 7, July 1, 2024
The following uses may be allowed on lands designated
				Agriculture-Special without review:
(1) Existing livestock grazing. A livestock
			 operation ceases to be existing when the land on which it is conducted has lain
			 idle for more than 5 years.
(2)
			 Repair, maintenance, and operation of existing and serviceable structures,
			 trails, roads, railroads, and utility facilities.
(3) Low-intensity recreation uses that occur
			 with the knowledge and permission of the landowner, including hunting, fishing,
			 trapping, native plant study, birdwatching, photography, horseback riding, and
			 hiking.
(4) Temporary livestock
			 facilities, such as portable livestock pens and corrals.
(5) New fences that exclude livestock from
			 lands that are not part of an existing livestock operation.
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 81 - LAND USE ORDINANCE › Section 350-081-0231 - Uses Allowed through the Expedited Development Review Process - Agriculture-Special

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Expedited Development Review Process"
				(350-081-0050) are allowed with review through the expedited development
				review process on lands designated Agriculture-Special.
Stat. Auth.: ORTS
				  196.150
Stats. Implemented: RCW 43.97.015,
				  16 USC
				  544 e(c), 544f(l)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0232 - Review Uses for Lands Designated Agriculture-Special

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following uses may be allowed on
			 lands designated Agriculture-Special, subject to compliance with guidelines for
			 the protection of scenic, natural, cultural, and recreation resources
			 (350-081-0520-350-081-0620) and "Approval Criteria for Review Uses on Lands
			 Designated Agriculture-Special" (350-081-0234).
(2) New livestock grazing. Any operation that
			 would introduce livestock to land that has not been grazed, or has laid idle,
			 for more than 5 years shall be considered new livestock grazing.
(3) New fences, livestock watering
			 facilities, and corrals.
(4) Soil,
			 water, and vegetation conservation uses.
(5) Replacement or minor expansion of
			 existing and serviceable structures within a dedicated site. Expansion shall be
			 limited to the dedicated site.
(6)
			 Fish and wildlife management uses, educational activities, and scientific
			 research.
(7) 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.
(8) Single-family dwellings that are not in
			 conjunction with agricultural use, if a landowner demonstrates that
(a) The dwelling cannot be constructed on a
			 portion of the parcel that is located outside of the natural area;
			 and
(b) The dwelling is sited and
			 designed in a manner that minimizes adverse effects to the natural area. All
			 dwellings shall meet the criteria in 350-081-0190(1)(q). The buffer guidelines
			 for non-agricultural dwellings (350-081-0076) may be waived if they would
			 prevent the optimum siting of a dwelling.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0234 - Approval Criteria for Review Uses on Lands Designated Agriculture-Special

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A range conservation plan pursuant to
			 350-081-0240  shall be prepared before new livestock grazing commences; new
			 fences, livestock watering facilities, and corrals are constructed; or soil,
			 water, and vegetation conservation activities are undertaken
			 (350-081-0232(1)(a), (b) and (c)). Range conservation plans are described under
			 350-081-0240.
(2) The Executive
			 Director shall submit all land use applications and range conservation plans to
			 the Oregon or Washington Natural Heritage Program. The state heritage program
			 will have 20 days from the date that an application and/or plan is mailed to
			 submit written comments to the local government. The Executive Director shall
			 record and address any written comments submitted by the state heritage program
			 in its development review order.
(3) Based on the comments from the state
			 heritage program, the Executive Director shall make a final decision on whether
			 the proposed use is consistent with the Agriculture -- Special policies and
			 guidelines. If the final decision contradicts the comments submitted by the
			 state heritage program, the local government shall justify how it reached an
			 opposing conclusion.
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 81 - LAND USE ORDINANCE › Section 350-081-0236 - Uses Prohibited on Lands Designated Agriculture-Special

Current through Register Vol. 63, No. 7, July 1, 2024
Except for uses allowed outright and review uses, new uses
				shall be prohibited on lands designated Agriculture-Special. Prohibited uses
				include, but are not limited to:
(1)
			 Cultivation, including plowing, harrowing, leveling, tilling, or any activity
			 that prepares land for raising crops by turning, breaking up, or loosening the
			 soil.
(2) Removal or clearing of
			 native grasses, shrubs, and trees.
(3) Single-family dwellings and accessory
			 structures, other than non-agricultural dwellings allowed as a review
			 use.
(4) Barns, silos, and other
			 agricultural buildings.
(5)
			 Irrigation systems.
(6)
			 Exploration, development, and production of mineral resources.
(7) Utility facilities, public use
			 facilities, and roads.
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 81 - LAND USE ORDINANCE › Section 350-081-0240 - Range Conservation Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a range conservation plan is required
			 before a use is allowed, it shall be prepared by landowners in cooperation with
			 range scientists from local conservation districts. Specialists from the Oregon
			 or Washington Natural Heritage Program should be consulted while the plan is
			 being prepared.
(2) Range
			 conservation plans shall ensure that new uses do not adversely affect natural
			 areas. They shall accomplish the following goals:
(a) Maintain native rangeland that is in
			 excellent or good condition; enhance rangeland that is in fair or poor
			 condition.
(b) Preserve native
			 trees and shrubs.
(c) Reestablish
			 native grasses in degraded areas that have been invaded by non-native plants
			 and weeds.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0250 - Forest Land Designations

Current through Register Vol. 63, No. 7, July 1, 2024
Commission Rule 350-081-0250  through 350-081-0310  shall apply
				to those areas designated Commercial Forest Land, Large or Small Woodland and
				SMA Forest on the Scenic Area Land Use Designation Map.
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 81 - LAND USE ORDINANCE › Section 350-081-0260 - Uses Allowed Outright - Forest Land

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in 350-081-0074(1)  are allowed without review
				on lands designated Commercial Forest Land, Large Woodland, Small Woodland, or
				SMA Forest.
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 81 - LAND USE ORDINANCE › Section 350-081-0262 - Uses Allowed through the Expedited Development Review Process - Forest Land

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Expedited Development Review Process"
				(350-081-0050) are allowed with review through the expedited development
				review process on lands designated Commercial Forest Land, Large Woodland,
				Small Woodland, or SMA Forest.
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 81 - LAND USE ORDINANCE › Section 350-081-0270 - Review Uses - Forest Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following uses may be allowed on
			 lands designated Commercial Forest Land or Large or Small Woodland, subject to
			 compliance with guidelines for the protection of scenic, cultural, natural, and
			 recreation resources (350-081-0520  through 350-081-0620):
(a) On lands designated Large Woodland, a
			 single-family dwelling upon a demonstration that all of the following
			 conditions exist:
(A) The dwelling will
			 contribute substantially to the growing, propagation, and harvesting of forest
			 tree species. The principal purpose for locating a dwelling on lands designated
			 Large Woodland is to enable the resident to conduct efficient and effective
			 forest management. This requirement indicates a relationship between ongoing
			 forest management and the location of a dwelling on the subject parcel. A
			 dwelling may not always be required for forest management.
(B) The subject parcel has been enrolled in
			 the appropriate state's forest assessment program.
(C) A plan for management of the parcel has
			 been approved by the Oregon Department of Forestry or the Washington Department
			 of Natural Resources and the appropriate local government. The plan must
			 indicate the condition and productivity of lands to be managed; the operations
			 the owner will carry out (thinning, harvest, planting, etc.); a chronological
			 description of when the operations will occur; estimates of yield, labor and
			 expenses; and how the dwelling will contribute toward the successful completion
			 of the operations.
(D) The parcel
			 has no other dwellings that are vacant or currently occupied by persons not
			 engaged in forestry and that could be used as the principal forest
			 dwelling.
(E) The dwelling complies
			 with the "Approval Criteria for the Siting of Dwellings on Forest Land"
			 (350-081-0310) and "Approval Criteria for Fire Protection"
			 (350-081-0300).
(F) A declaration
			 has been signed by the landowner and recorded into county deeds and records
			 specifying that the owners, successors, heirs, and assigns of the subject
			 parcel are aware that adjacent and nearby operators are entitled to carry on
			 accepted farm or forest practices on lands designated Commercial Forest Land,
			 Large or Small Woodland, or Large-Scale or Small-Scale Agriculture.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0280 - Review Uses with Additional Approval Criteria - Commercial Forest Land, or Large or Small Woodland Designations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following uses may be allowed on
			 lands designated Commercial Forest Land or Large or Small Woodland, subject to
			 compliance with the guidelines for the protection of scenic, cultural, natural,
			 and recreation resources (350-081-0520  and 620) and the "Approval Criteria for
			 Specified Review Uses" (350-081-0290).
(2) Utility facilities and railroads
			 necessary for public service upon a showing that
(a) There is no practicable alternative
			 location with less adverse effect on agricultural and forest lands and on
			 scenic, cultural, natural and recreation resources and
(b) The size is the minimum necessary to
			 provide the service.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0290 - Approval Criteria for Specified Review Uses on Lands Designated Commercial Forest Land or Large or Small Woodland

Current through Register Vol. 63, No. 7, July 1, 2024
The uses identified under 350-081-0280, may be allowed only if
				they meet all of the following criteria:
(1) The owners of land that is designated
			 Commercial Forest Land, Large or Small Woodland, or Large-Scale or Small-Scale
			 Agriculture and that lies within 500 feet of the perimeter of the subject
			 parcel have been notified of the land use application and have been given at
			 least 10 days to comment prior to a final decision.
(2) The use will not seriously interfere with
			 accepted forest or agricultural practices on nearby lands devoted to resource
			 use.
(3) The use will be sited in a
			 way that minimizes the loss of forest or agricultural land and minimizes the
			 chance of interference with accepted forest or agricultural practices on nearby
			 lands.
(4) The use will not
			 significantly increase fire hazard, fire suppression costs, or risks to fire
			 suppression personnel and will comply with the "Approval Criteria for Fire
			 Protection" (350-081-0300).
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 81 - LAND USE ORDINANCE › Section 350-081-0300 - Approval Criteria for Fire Protection in GMA Forest Designations

Current through Register Vol. 63, No. 7, July 1, 2024
All uses, as specified, shall comply with the following fire
				safety guidelines:
(1) All buildings
			 shall be surrounded by a maintained fuel break of 50 feet. Hazardous fuels
			 shall be removed within the fuel break area. Irrigated or fire resistant
			 vegetation may be planted within the fuel break. This could include green lawns
			 and low shrubs (less than 24 inches in height). Trees should be spaced greater
			 than 15 feet be-tween the crowns and pruned to remove dead and low (less than 8
			 feet) branches. Accumulated leaves, needles, and other dead vegetation shall be
			 removed from beneath trees.
(2)
			 Buildings with plumbed water systems shall install at least one standpipe a
			 minimum of 50 feet from the structure(s).
(3) A pond, stream, tank or sump with storage
			 of not less than 1,000 gallons, or a well or water system capable of delivering
			 20 gallons per minute shall be provided. If a well pump is located on-site, the
			 electrical service shall be separate from the dwelling.
(4) Access drives shall be constructed to a
			 minimum of 12 feet in width and not exceed a grade of 12 percent. Turnouts
			 shall be provided at a minimum of every 500 feet. Access drives shall be
			 maintained to a level that is passable to fire equipment. Variances to road
			 guidelines may be made only after consultation with the local rural fire
			 district and the Washington Department of Natural Resources in Washington or
			 the Oregon Department of Forestry in Oregon.
(5) Within 1 year of the occupancy of a
			 dwelling, the local government shall conduct a review of the development to
			 assure compliance with these guidelines.
(6) Telephone and power supply systems shall
			 be underground whenever possible.
(7) Roofs of structures should be constructed
			 of fire-resistant materials such as metal, fiberglass shingle or tile. Roof
			 materials such as cedar shake and shingle should not be used.
(8) Any chimney or stovepipe on any structure
			 for use with a woodstove or fireplace should be screened with no coarser than
			 1/4 inch mesh metal screen that is noncombustible and corrosion resistant and
			 should be equipped with a spark arrestor.
(9) All structural projections such as
			 balconies, decks and roof gables should be built with fire resistant materials
			 equivalent to that specified in the Uniform Building Code.
(10) Attic openings, soffit vents, foundation
			 louvers or other ventilation openings on dwellings and accessory structures
			 should be screened with no coarser than 1/4-inch mesh metal screen that is
			 noncombustible and corrosion resistant.
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 81 - LAND USE ORDINANCE › Section 350-081-0310 - Approval Criteria for Siting of Dwellings on Forest Land in the GMA

Current through Register Vol. 63, No. 7, July 1, 2024
The approval of new dwellings and accessory structures on
				forest lands shall comply with the following guidelines:
(1) The dwelling and structures shall be
			 sited on the parcel so that they will have the least impact on nearby or
			 adjoining forest operations. Dwellings shall be set back at least 200 feet from
			 adjacent properties. Clustering or locating proposed development closer to
			 existing development on adjacent lands may minimize impacts on nearby or
			 adjacent forest operations.
(2) The
			 amount of forest land used to site dwellings, structures, access roads, and
			 service corridors shall be minimized. This can include locating new dwellings
			 and structures as close to existing public roads as possible, thereby
			 minimizing the length of access roads and utility corridors; or locating the
			 dwelling, access road, and service corridors on portions of the parcel that are
			 least or poorly suited for forestry. Areas may not be suitable for forestry
			 because of existing nonforest uses, adjacent dwellings, or land
			 productivity.
(3) Dwellings shall
			 be located to minimize the risks associated with wildfire. Dwellings should be
			 located on gentle slopes and in any case not on slopes that exceed 40 percent.
			 Narrow canyons and draws should be avoided. Dwellings should be located to
			 minimize the difficulty of gaining access to the structure in the case of fire.
			 Dwellings should be located to make the access roads as short and flat as
			 possible.
(4) A local government
			 may grant a variance to the siting guidelines contained within this section
			 upon a demonstration that the guidelines in "Variances from Setbacks and
			 Buffers" (350-081-0078) have been satisfied.
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 81 - LAND USE ORDINANCE › Section 350-081-0320 - Approval Criteria for Life Estates in Commercial Forest Land or Small or Large Woodland

Current through Register Vol. 63, No. 7, July 1, 2024
A landowner who sells or otherwise transfers real property on
				lands designated Commercial Forest Land or Large or Small Woodland may retain a
				life estate in a dwelling and a tract of land surrounding the dwelling. The
				life estate tract shall not be considered a parcel as defined in the Management
				Plan. A second dwelling unit on lands designated Commercial Forest Land or
				Large or Small Woodland may be allowed, subject to compliance with the
				guidelines for the protection of scenic, cultural, natural, and recreation
				resources and upon findings that:
(1)
			 The proposed dwelling is in conjunction with agricultural use, using
			 350-081-0190(1)(h); or
(2) On lands
			 designated Large Woodland, the dwelling will contribute substantially to the
			 growing, propagation, and harvesting of forest tree species. The proposed
			 dwelling shall comply with 350-081-0270(1)(a); or
(3) On lands designated Small Woodland, the
			 proposed dwelling complies with 350-081-0270(1)(b); and
(4) Upon termination of the life estate, the
			 original or second dwelling shall be removed.
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 81 - LAND USE ORDINANCE › Section 350-081-0330 - Open Space Designations

Current through Register Vol. 63, No. 7, July 1, 2024
Commission Rule 350-081-0330  through 350-081-0340  shall apply
				to those areas designated GMA-Open Space and SMA-Open Space on the Scenic Area
				Land Use Designation Map.
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 81 - LAND USE ORDINANCE › Section 350-081-0335 - Uses Allowed Outright - Open Space

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Uses Allowed Outright, GMA and SMA Open
				Space" (350-081-0074(2)) are allowed without review on lands designated Open
				Space.
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 81 - LAND USE ORDINANCE › Section 350-081-0338 - Uses Allowed through the Expedited Development Review Process - Open Space

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Expedited Development Review Process"
				(350-081-0050) may be allowed with review through the expedited development
				review process on lands designated Open Space.
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 81 - LAND USE ORDINANCE › Section 350-081-0340 - Review Uses - Open Space

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following uses may be allowed on all
			 lands designated GMA-Open Space subject to compliance with guidelines for the
			 protection of scenic, cultural, natural, and recreation resources
			 (350-081-0520-350-081-0620):
(a)
			 Low-intensity recreation, subject to the guidelines for recreation intensity
			 classes (350-081-0610).
(b) Land
			 divisions to facilitate efforts to protect and enhance scenic, cultural,
			 natural, or recreation resources.
(c) Repair, maintenance, operation, and
			 improvement 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/or
			 natural resources, subject to the guidelines in "Resource Enhancement Projects"
			 (350-081-0104). These projects may include new structures (e.g., fish ladders,
			 sediment barriers) and/or activities (e.g., closing and revegetating unused
			 roads, recontouring abandoned quarries).
(f) Removal/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 the guidelines in "Lot Line Adjustments"
			 (350-081-0126).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0350 - Residential Land Designations

Current through Register Vol. 63, No. 7, July 1, 2024
Commission Rule 350-081-0350  through 350-081-0390  shall apply
				to those areas designated Residential on the Scenic Area Land Use Designation
				Map.
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 81 - LAND USE ORDINANCE › Section 350-081-0360 - Uses Allowed Outright - Residential Land

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Uses Allowed Outright, All Land Use
				Designations, Except Open Space and Agriculture -- Special" (350-081-0074(1))
				are allowed without review on lands designated Residential.
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 81 - LAND USE ORDINANCE › Section 350-081-0365 - Uses Allowed through the Expedited Development Review Process - Residential Land

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Expedited Development Review Process"
				(350-081-0050) are allowed with review through the expedited development
				review process on lands designated Residential.
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 81 - LAND USE ORDINANCE › Section 350-081-0380 - Review Uses with Additional Approval Criteria - Residential Land

Current through Register Vol. 63, No. 7, July 1, 2024
The following uses may be allowed on lands designated
				GMA-Residential, subject to compliance with the appropriate scenic, cultural,
				natural, and recreation resource guidelines (350-081-0520-350-081-0620) and
				"Approval Criteria for Specified Review Uses," (350-081-0390).
(1) Accredited childcare centers within lands
			 designated 1-acre Residential or 2-acre Residential. A childcare center may be
			 allowed in other Residential designations within an existing church or
			 community building.
(2) Schools
			 within an existing church or community building.
(3) Expansion of existing primary or middle
			 schools on land purchased prior to June 8, 1999. For purposes of this section,
			 existing schools means public schools that existed prior to adoption of the
			 original Management Plan on October 15, 1991.
(4) Utility facilities and
			 railroads.
(5) Home occupations or
			 cottage industries in an existing residence or accessory structure, subject to
			 the guidelines in "Home Occupations and Cottage Industries"
			 (350-081-0098).
(6) Fire
			 stations.
(7) Recreation
			 development, subject to compliance with 350-081-0610.
(8) Community parks and playgrounds,
			 consistent with the standards of the National Park and Recreation Society
			 regarding the need for such facilities.
(9) Bed and breakfast inns in single family
			 dwellings lo-cated on lands designated 5-acre Residential or 10-acre
			 Residential, pursuant to the guidelines in "Bed and Breakfast Inns"
			 (350-081-0100).
(10) Wineries, in
			 conjunction with onsite viticulture, upon a showing that processing of wine is
			 from grapes grown on the subject farm or in the local region.
(11) Wine sales/tasting rooms in conjunction
			 with an on-site winery, under the following conditions:
(a) The use shall comply with the guidelines
			 in "Home Occupations and Cottage Industries" (350-081-0098), with the following
			 exceptions:
(A) The use may employ an
			 unlimited number of outside employees.
(B) The wine sales/tasting room may include
			 interior and/or exterior space, provided the combined interior and exterior
			 spaces shall not exceed 1,000 square feet.
(C) The interior space may be located in an
			 existing building or in a new building or addition to an existing building
			 constructed for the primary purpose of housing the wine sales/tasting
			 room.
(D) The exterior space may be
			 a veranda, patio, or other similar type of structure.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0390 - Approval Criteria for Specified Review Uses on Lands Designated Residential

Current through Register Vol. 63, No. 7, July 1, 2024
The uses identified in 350-081-0380, may be allowed only if
				they meet all of the following:
(1)
			 The proposed use will be compatible with the surrounding area. Review of
			 compatibility shall include impacts associated with the visual character of the
			 area; traffic generation; and noise, dust, and odors.
(2) The proposed use will not require public
			 services other than those existing or approved for the area.
(3) If the subject parcel is located within
			 500 feet of lands designated Large-Scale or Small-Scale Agriculture, Commercial
			 Forest Land, or Large or Small Woodland, new buildings associated with the
			 proposed use comply with the buffer guidelines in "Agricultural Buffer
			 Guidelines" (350-081-0076).
(4) If
			 the subject parcel is located within 500 feet of lands designated Commercial
			 Forest Land or Large or Small Woodland, new buildings associated with the
			 proposed use comply with the fire protection guidelines in "Approval Criteria
			 for Fire Protection" (350-081-0300).
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 81 - LAND USE ORDINANCE › Section 350-081-0400 - Rural Center

Current through Register Vol. 63, No. 7, July 1, 2024
Commission Rule 350-081-0400  through 350-081-0420  shall apply
				to those areas designated Rural Center on the Scenic Area Land Use Designation
				Map.
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 81 - LAND USE ORDINANCE › Section 350-081-0410 - Uses Allowed Outright - Rural Center

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Uses Allowed Outright, All Land Use
				Designations, Except Open Space and Agriculture-Special" (350-081-0074(1)) are
				allowed without review on lands designated Rural Center and
				Commercial.
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 81 - LAND USE ORDINANCE › Section 350-081-0415 - Uses Allowed through the Expedited Development Review Process - Rural Center

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Expedited Development Review Process"
				(350-081-0050) are allowed with review through the expedited development
				review process on lands designated Rural Center and
				Commercial.
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 81 - LAND USE ORDINANCE › Section 350-081-0420 - Review Uses - Rural Center

Current through Register Vol. 63, No. 7, July 1, 2024
The following uses may be allowed within Rural Centers, subject
				to compliance with guidelines for the protection of scenic, cultural, natural,
				and recreation resources:
(1) One
			 single-family dwelling per legally created parcel.
(2) Accessory structures for an existing or
			 approved dwelling that are not otherwise allowed outright, eligible for the
			 expedited development review process, or allowed in
			 350-081-0420(1)(c).
(3) Accessory
			 building(s) larger than 200 square feet in area or taller than 10 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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0430 - Commercial Land

Current through Register Vol. 63, No. 7, July 1, 2024
Commission Rule 350-081-0430  through 350-081-0460  shall apply
				to those areas designated Commercial on the Scenic Area Land Use Designation
				Map.
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 81 - LAND USE ORDINANCE › Section 350-081-0440 - Uses Allowed Outright - Commercial Designations

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Uses Allowed Outright, All Land Use
				Designations, Except Open Space and Agriculture-Special" (350-081-0074(1)) are
				allowed without review on lands designated Commercial.
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 81 - LAND USE ORDINANCE › Section 350-081-0445 - Uses Allowed through the Expedited Development Review Process - Commercial Designations

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Expedited Development Review Process"
				(350-081-0050) are allowed with review through the expedited development
				review process on lands designated Commercial.
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 81 - LAND USE ORDINANCE › Section 350-081-0450 - Review Uses - Commercial Designations

Current through Register Vol. 63, No. 7, July 1, 2024
The following uses may be allowed on lands designated
				Commercial, subject to compliance with the appropriate scenic, cultural,
				natural, and recreation resource guidelines (350-081-0520-350-081-0620) and
				"Approval Criteria for Specified Review Uses," (350-081-0460):
(1) Travelers' accommodations, bed and
			 breakfast inns.
(2)
			 Restaurants.
(3) Gift
			 shops.
(4) Home occupations or
			 cottage industries in an existing residence or accessory structure, subject to
			 guidelines in "Home Occupations and Cottage Industries"
			 (350-081-0098).
(5) One
			 single-family dwelling per legally created parcel.
(6) 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 10 feet in height.
(7) Accessory building(s) larger than 200
			 square feet in area or taller than 10 feet in height for a dwelling on any
			 legal parcel, subject to the following 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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0460 - Approval Criteria for Review Uses on Lands Designated on Lands Designated Commercial

Current through Register Vol. 63, No. 7, July 1, 2024
The uses identified under "Review Uses: Commercial
				Designations" may be allowed only if they meet the following two
				criteria:
(1) The proposal is limited
			 to 5,000 square feet of floor area per building or use.
(2) The proposed use would be compatible with
			 the surrounding area. Review for compatibility shall include impacts associated
			 with the visual character of the area; traffic generation; and noise, dust and
			 odors.
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 81 - LAND USE ORDINANCE › Section 350-081-0470 - Recreation

Current through Register Vol. 63, No. 7, July 1, 2024
Commission Rule 350-081-0470  through 350-081-0510  shall apply
				to those areas designated Public Recreation and Commercial Recreation on the
				Scenic Area Land Use Designation Map.
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 81 - LAND USE ORDINANCE › Section 350-081-0480 - Uses Allowed Outright - Public Recreation and Commercial Recreation

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Uses Allowed Outright, All Land Use
				Designations, Except Open Space and Agriculture-Special" (350-081-0074(1)) are
				allowed without review on lands designated Public Recreation and Commercial
				Recreation.
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 81 - LAND USE ORDINANCE › Section 350-081-0485 - Uses Allowed through the Expedited Development Review Process - Public Recreation and Commercial Recreation

Current through Register Vol. 63, No. 7, July 1, 2024
The uses listed in "Expedited Development Review Process"
				(350-081-0050) are allowed with review through the expedited development
				review process on lands designated Public Recreation and Commercial
				Recreation.
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 81 - LAND USE ORDINANCE › Section 350-081-0490 - Review Uses - Public Recreation and Commercial Recreation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 uses may be allowed on lands designated GMA-Public Recreation, subject to
			 compliance with guidelines for the protection of scenic, natural, cultural, and
			 recreation resources (350-081-0520  through 350-081-0620) and compliance with
			 350-081-0610(5)(a) and (c) -(g), where applicable, of the "Approval Criteria for
			 Recreation Uses" contained in the recreation intensity class guidelines
			 (350-081-0610):
(a) Publicly-owned,
			 resource-based recreation uses, consistent with recreation intensity class
			 guidelines (350-081-0610).
(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
			 guidelines for such uses contained in this section.
(c) New cultivation, subject to compliance
			 with guidelines for the protection of cultural resources (350-081-0540) and
			 natural resources (350-081-0560-350-081-0590).
(d) Special uses in historic buildings,
			 subject to the guidelines in "Special Uses in Historic Buildings"
			 (350-081-0114).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0500 - Approval Criteria for Non-Recreation Uses in GMA-Public Recreation Designations

Current through Register Vol. 63, No. 7, July 1, 2024
The uses identified in 350-081-0490(2) and (5), may be allowed
				if they meet the following criteria:
(1) The proposed use will not interfere with
			 existing or approved public recreation uses on the subject property or adjacent
			 lands. Mitigative measures used to comply with this criterion may include
			 provision of onsite buffers, seasonal or temporary closures during peak
			 recreation use periods, etc.
(2)
			 The proposed use will not permanently commit the majority of the site to a
			 non-recreational use. Careful siting and design of structures and other
			 improvements may be used to comply with this criterion.
(3) Land divisions may be allowed upon a
			 demonstration that the proposed land division is necessary to facilitate,
			 enhance, or otherwise improve recreational uses on the site.
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 81 - LAND USE ORDINANCE › Section 350-081-0510 - Approval Criteria for Non-Recreation Uses in GMA-Commercial Recreation Designations

Current through Register Vol. 63, No. 7, July 1, 2024
The uses identified in 350-081-0490(4) and (5), may be allowed
				if they meet the following criteria:
(1) The proposed use will not interfere with
			 existing or approved commercial recreation uses on the subject property or
			 adjacent lands. Mitigative measures used to comply with this criterion may
			 include provision of on-site buffers, seasonal or temporary closures during
			 peak recreation use periods, etc.
(2) The proposed use will not permanently
			 commit the majority of the site to a non-recreational use. Careful siting and
			 design of structure and other improvements may be used to comply with this
			 criterion.
(3) Land divisions may
			 be allowed upon a demonstration that the proposed land division is necessary to
			 facilitate, enhance, or otherwise improve recreational uses on the
			 site.
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 81 - LAND USE ORDINANCE › Section 350-081-0530 - Special Management Area Scenic Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) SMA Design Guidelines Based on Landscape
			 Settings
(a) The following guidelines apply to
			 all lands within SMA landscape settings regardless of visibility from KVAs
			 (includes areas seen from KVAs as well as areas not seen from KVAs):
(A) Pastoral: Pastoral areas shall retain the
			 overall appearance of an agricultural landscape. The use of plant species
			 common to the landscape setting shall be encouraged. The use of plant species
			 in rows, as commonly found in the landscape setting, is encouraged.
(B) Coniferous Woodland and Oak-Pine
			 Woodland: Woodland areas shall retain the overall appearance of a woodland
			 landscape. New developments and land uses shall retain the overall visual
			 character of the natural appearance of the Coniferous Woodland and Oak-Pine
			 Woodland landscape.
(i) Buildings shall be
			 encouraged to have a vertical overall appearance in the Coniferous Woodland
			 landscape setting and a horizontal overall appearance in the Oak-Pine Woodland
			 landscape setting.
(ii) Use of
			 plant species native to the landscape setting shall be encouraged. Where
			 non-native plants are used, they shall have native-appearing
			 characteristics.
(C)
			 Residential: The Residential setting is characterized by concentrations of
			 dwellings.
(i) At Rowena Dell, new buildings
			 shall have a rustic appearance using natural materials. At Latourell Falls, new
			 buildings shall have an appearance consistent with the predominant historical
			 architectural style.
(ii) Use of
			 plant species native to the landscape setting shall be encouraged. Where
			 non-native plants are used, they shall have native-appearing
			 characteristics.
(D) River
			 Bottomlands: River Bottomlands shall retain the overall visual character of a
			 floodplain and associated islands.
(i)
			 Buildings shall have an overall horizontal appearance in areas with little tree
			 cover.
(ii) Use of plant species
			 native to the landscape setting shall be encouraged. Where non-native plants
			 are used, they shall have native-appearing characteristics.
(E) Gorge Walls, Canyonlands, and
			 Wildlands: New developments and land uses shall retain the overall visual
			 character of the natural-appearing landscape.
(i) Structures, including signs, shall have a
			 rustic appearance, use nonreflective materials, have low contrast with the
			 surrounding landscape, and be of a Cascadian architectural style.
(ii) Temporary roads shall be promptly closed
			 and revegetated.
(iii) New
			 utilities shall be below ground surface, where feasible.
(iv) Use of plant species non-native to the
			 Columbia River Gorge shall not be allowed.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0550 - Special Management Area Cultural Resource 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 Scenic Area Act.
			 Federal agency cultural resource information is also exempt by statute from the
			 Freedom of Information Act under
			 16 USC 470
			 aa and
			 36 CFR
			 296.18.
(b) All cultural resources 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 350-081-0550(4)  for 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 any of the
			 following: 1) reconnaissance or historic survey; 2) a determination of
			 significance; 3) an assessment of effect; or 4) a mitigation plan.