reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0014 - Maps

Current through Register Vol. 63, No. 7, July 1, 2024
The Land Use Designation, Landscape Settings, and Recreation
				Intensity Classes maps adopted by the Columbia River Gorge Commission as part
				of the Management Plan for the Columbia River Gorge National Scenic Area are
				hereby incorporated by reference into this land use
				ordinance.
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 350-081-0016 - Review and Approval Required

Current through Register Vol. 63, No. 7, July 1, 2024
No building, structure or land shall be used and no building or
				structure shall be hereafter erected, altered or enlarged, including those
				proposed by state or federal agencies, in the Columbia River Gorge National
				Scenic Area except for the uses listed in Commission Rule 350-081, when
				considered under the applicable procedural and substantive guidelines of this
				Rule.
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 350-081-0017

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015,  16 U.S.C. sec. 544c(b)  & 16 U.S.C. ¦
				  544m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0018 - Uniform Application of Management Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Management Plan shall be applied
			 consistent with and in the spirit of the National Scenic Area Act.
(2) The Gorge Commission, Forest Service, and
			 counties should strive to apply Management Plan provisions uniformly throughout
			 the National Scenic Area, except when a county has adopted a more restrictive
			 provision.
(3) In applying
			 provisions of the Management Plan, the Gorge Commission and Forest Service may
			 consider, but shall not be constrained by, county interpretations, state
			 interpretation and application of state law and administrative regulations, or
			 judicial decisions that do not directly involve the Management Plan.
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 350-081-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in Commission Rule 350-81, unless otherwise noted, the
				following words and their derivations shall have the following meanings:
(1) Accepted agricultural practice: A mode of
			 operation that is common to farms or ranches of similar nature, necessary for
			 the operation of such farms or ranches to obtain a profit in money and
			 customarily utilized in conjunction with agricultural use.
(2) Accessory structure/building: A structure
			 or detached building whose use is incidental and subordinate to that of the
			 main use of the property, and that is located on the same parcel as the main
			 building or use. The term "detached" means that the main building and accessory
			 building do not share a common wall. An accessory building connected to the
			 main building by a breezeway is a detached building.
(3) Active wildlife site: A wildlife site
			 that has been used within the past 5 years by a sensitive wildlife
			 species.
(4) Addition: An extension
			 or increase in the area or height of an existing building.
(5) Agency official: The federal, state, or
			 local agency head or designee who has authority over a proposed
			 project.
(6) Agricultural
			 specialist (SMA): A person such as a county extension agent with a demonstrated
			 knowledge of farming operations, and a demonstrated ability to interpret and
			 recommend methods to implement regulations pertaining to agriculture. Such
			 abilities are usually obtained through a combination of higher education and
			 experience.
(7) Agricultural
			 structure/building: A structure or building located on a farm or ranch and used
			 in the operation for the storage, repair, and maintenance of farm equipment and
			 supplies or for the raising and/or storage of crops and livestock. These
			 include, but are not limited to: barns, silos, workshops, equipment sheds,
			 greenhouses, wind machines (orchards), processing facilities, storage bins and
			 structures.
(8) Agricultural use:
			 The current employment of land for the primary purpose of obtaining a profit in
			 money by raising, harvesting, and selling crops; or by the feeding, breeding,
			 management, and sale of, or production of, livestock, poultry, fur bearing
			 animals or honeybees; or for dairying and the sale of dairy products; or any
			 other agricultural or horticultural use, including Christmas trees. Current
			 employment of land for agricultural use includes:
(a) The operation or use of farmland subject
			 to any agriculture related government program.
(b) Land lying fallow for 1 year as a normal
			 and regular requirement of good agricultural husbandry.
(c) Land planted in orchards or other
			 perennials prior to maturity.
(d)
			 Land under buildings supporting accepted agricultural practices. Agricultural
			 use does not include livestock feedlots.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0030 - Standards for Applications

Current through Register Vol. 63, No. 7, July 1, 2024
Complete Application Required: Any proposed use, development or
				structure shall be reviewed according to the standards in effect on the date an
				applicant submitted a complete land use application. A complete application is
				one that the Executive Director determines meets this Land Use Ordinance's
				requirements for:
(1) A complete
			 application form;
(2) A complete
			 site plan; and
(3) All applicable
			 information specified in the various sections of this land use ordinance.
			 Incomplete applications shall not be reviewed.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS
				  196.150
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0034 - Pre-Application Conference

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant may request a pre-application conference prior to
				submitting an application for development review. The purposes of the
				conference shall be to acquaint the applicant with the substantive and
				procedural requirements of Commission Rule 350-081, to discuss the principle
				elements of the proposed action, and to identify guidelines that create
				opportunities or pose constraints for the proposed action.
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 350-081-0036 - Acceptance of Application

Current through Register Vol. 63, No. 7, July 1, 2024
Within 14 days of the receipt of an application, the Executive
				Director shall review the application for completeness and if complete, shall
				accept the application for review.
(1)
			 No application shall be accepted until all documented omissions and
			 deficiencies have been corrected by the applicant. The Executive Director shall
			 notify the applicant of all omissions and deficiencies in writing within 14
			 days of receipt of the application. The Executive Director shall review
			 supplemental application materials within 14 days after receipt of the
			 materials to determine if the application is complete.
(2) No application for a proposed use, which
			 is explicitly prohibited by this ordinance, shall be accepted.
(a) The application shall be returned to the
			 applicant.
(b) A letter, signed by
			 the Executive Director, stating that the proposed use is prohibited and citing
			 the guideline which explicitly prohibits the proposed use, shall be sent to the
			 applicant.
(c) Issuance of this
			 letter shall not prohibit the applicant from appealing the decision pursuant to
			 350-070.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0038 - Notice of Development Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 7 days of the acceptance of an
			 application, the Executive Director shall issue notice of a proposed
			 development review. The notice shall provide the following information:
(a) The name of the applicant;
(b) The general and specific location of the
			 subject property;
(c) A brief
			 description of the proposed action;
(d) The deadline for issuing a decision;
			 and
(e) The deadline for filing
			 comments on the proposed action.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0040 - Comment Period

Current through Register Vol. 63, No. 7, July 1, 2024
Interested persons shall have 21 days from the date which the
				notice is sent to submit written comments to the Executive Director relative to
				the consistency of the proposed actions with the guidelines of Commission Rule
				350-081:
(1) Based on comments
			 received and other applicable information, the Executive Director shall
			 determine if a wildlife management plan pursuant to 350-081-0580(5), or a rare
			 plant protection and rehabilitation plan pursuant to Commission Rule
			 350-081-0590(5)  is required.
(2)
			 For proposed uses or developments where a cultural resources survey
			 (reconnaissance or historic) is required and where the Commission is performing
			 the survey, the survey shall be completed by the close of the comment period.
			 Upon receipt of the completed survey, the Executive Director shall forward the
			 survey to the applicable State Historic Preservation Officer, and the four
			 Indian tribal governments pursuant to 350-081-0540(1)(b) and
			 (2)(b)(A).
(3) The State Historic
			 Preservation Officers and the four Indian tribal governments shall have 30 days
			 to submit comments on the cultural resources survey. Based on the survey
			 results, comments received, and other applicable information, the Executive
			 Director shall determine if an evaluation of significance pursuant to
			 350-081-0540(3)  is required.
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 350-081-0042 - Decision of the Executive Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In making a decision on a proposed use or
			 development the Executive Director shall:
(a)
			 Consult with the applicant and such agencies as the Executive Director deems
			 appropriate;
(b) Consider
			 information submitted by the applicant and all other relevant information
			 available;
(c) Consider all
			 comments submitted pursuant to Commission Rule 350-081-0040; and
(d) Solicit and consider the comments of the
			 Forest Service.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0044 - Expiration of Approvals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notice Not Required: Expiration of any land use approval issued pursuant to
			 this Management Plan shall be automatic. Failure to give notice of expiration
			 shall not affect the expiration of a land use approval.
(2) Land Use Approvals without Structures:
			 Any land use approval issued pursuant to this Management Plan for a use or
			 development that does not include a structure shall expire two years after the
			 date the land use approval was granted, unless the use or development was
			 established according to all specifications and conditions of approval in the
			 land use approval. For land divisions, "established" means the final deed or
			 plat has been recorded with the county recorder or auditor.
(3) Land Use Approvals with Structures: Any
			 land use approval issued pursuant to this Management Plan for a use or
			 development that includes a structure shall expire as follows:
(a) When construction has not commenced
			 within two years of the date the land use approval was granted; or
(b) When the structure has not been completed
			 within two years of the date of commencement of construction.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0046 - Changes or Alterations to an Approved Action

Current through Register Vol. 63, No. 7, July 1, 2024
Any change to a development action approved by the Executive
				Director shall be processed as a new action, except that the Executive Director
				may approve minor changes to findings, conclusions, and conditions of approval
				deemed to be consistent with the guidelines of Commission Rule 350-081 and the
				findings and conclusions for the original action. If the Executive Director
				approves a minor change, the Director shall notify all of the parties that
				would have standing to appeal the change, including the applicant, the Forest
				Service, the four Indian tribal governments, the county planning department,
				and anyone who submitted comments during the comment period on the original
				land use application. The change itself (not the original decision) would be
				subject to appeal under the same time frames applicable to the original
				decision.
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 350-081-0050 - Development Eligible for Expedited Review

Current through Register Vol. 63, No. 7, July 1, 2024
The following developments may be reviewed using the expedited
				development review process, provided they comply with the resource protection
				and procedural guidelines contained in this section.
(1) Except in Open Space and
			 Agriculture-Special, accessory structures between 60 and 200 square feet in
			 area and 10 feet or less in height. Only one accessory building per parcel may
			 be allowed under this guideline, regardless of whether the parcel already
			 includes an accessory building(s). Additional accessory buildings shall be
			 subject to full review. This category does not include signs, decks, fences,
			 outdoor lights, retaining walls, transportation facilities, or utility
			 facilities.
(2) Additions and
			 covered decks for existing buildings, provided the existing building is at
			 least 500 square feet in area and the addition or covered deck is no larger
			 than 200 square feet in area and no taller than the height of the existing
			 building. Only one addition and one covered deck per parcel may be allowed
			 under this guideline, regardless of whether the parcel already includes an
			 addition or covered deck.
(3) Rail,
			 solid or semi-solid fences accessory to existing dwellings less than or equal
			 to 6 feet in height and less than or equal to 100 feet in length.
(4) Wire-strand fences other than those
			 allowed outright, provided the fence complies with 350-081-0580(6)  if it is
			 inside deer and elk winter range as delineated in the Gorge Commission/USDA
			 Forest Service natural resource inventories or determined by an appropriate
			 federal or state agency.
(5) In the
			 General Management Area, woven-wire fences for agricultural use that would
			 enclose 80 acres or less.
(6) Decks
			 that are:
(a) Uncovered;
(b) Attached and accessory to existing
			 dwellings; and
(c) 500 square feet
			 or less in area and 30 inches or less in height above existing grade.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0052 - Resource and Treaty Rights Protections Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Proposed developments reviewed using the
			 expedited review process shall comply with the following resource protection
			 guidelines:
(a) Scenic:
(A) In the General Management Area, the
			 scenic resource protection guidelines shall not apply to woven-wire fences for
			 agricultural use that would enclose 80 acres or less.
(B) Except signs, the colors of structures
			 topographically visible from key viewing areas shall be dark earth-tones found
			 at the specific site or the surrounding landscape. The specific colors or list
			 of acceptable colors shall be included as a condition of approval. This
			 guideline shall not apply to additions, which may match the color of existing
			 buildings.
(C) Except signs,
			 structures topographically visible from key viewing areas shall use low or
			 non-reflective building materials, including roofing, gutters, vents, and
			 chimneys.
(D) Outdoor lights shall
			 be directed downward and sited, hooded, and shielded such that they are not
			 highly visible from key viewing areas. Shielding and hooding materials shall be
			 composed of non-reflective, opaque materials.
(E) Signs shall comply with
			 350-081-0112.
(F) Structures within
			 one-half mile of a key viewing area and topographically visible from the key
			 viewing area shall be sited, screened and/or designed to achieve the applicable
			 scenic standard (e.g., visual subordinance, not visually evident).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0054 - Procedures for Expedited Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
(a) Prior to initiating any use or
			 development which requires review and approval by the Executive Director, an
			 application shall be completed pursuant to 350-081-0054.
(b) The Executive Director shall accept and
			 review the application pursuant to 350-081-0054  for consistency with the
			 appropriate guidelines of this rule.
(c) The Commission may charge a fee for
			 review of applications after a public hearing. The Gorge Commission shall set
			 the fee.
(d) Standard application
			 forms shall be available at the Commission Office, and shall be provided to
			 county and city planning offices for which this ordinance is effective and the
			 Forest Service.
(e) Applications
			 for uses eligible for expedited review shall include the information required
			 for review uses listed in 350-081-0032(5). They shall also include elevation
			 drawings if the proposed development would be visible from a key viewing area.
			 The drawing shall show natural grade and finished grade.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0060 - Emergency/Disaster Response Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Guidelines:
(a) Actions taken in response to an
			 emergency/disaster event, as defined in Commission Rule 350-081-0020(54), are
			 allowed in all GMA/SMA land use designations, subject to the notification
			 requirements in "Notification Requirements" (subsection 2, below).
(b) Following emergency/disaster response
			 actions, best management practices (BMPs) to prevent sedimentation and provide
			 erosion control shall be utilized whenever disaster response actions
			 necessitate vegetation removal, excavation, and/or grading. BMPs may include
			 but are not limited to: use of straw bales, slash windrows, filter fabric
			 fences, sandbags, straw cover, jute netting, etc.
(c) Structures or development installed or
			 erected for a temporary use (e.g. sandbags, check dams, plastic sheeting, chain
			 link fences, debris walls, etc.) shall be removed within one year following an
			 emergency event. If it can be demonstrated that the continued use of these
			 devices is necessary to protect life property, public services or the
			 environment, an extension of no more than two years may be granted by the
			 Executive Director or the Forest Service for federal agency actions.
(d) The new exploration, development
			 (extraction or excavation), and production of mineral resources, used for
			 commercial, private or public works projects, shall not be conducted as an
			 emergency/disaster response activity.
(e) No spoils resulting from grading or
			 excavation activities shall be deliberately deposited into a wetland, stream,
			 pond, lake or riparian area within the National Scenic Area (NSA) as a part of
			 an emergency/disaster response action. The only exception to this is for
			 construction of a fire line during a wildfire, where avoiding the aquatic area
			 or its buffer zone has been considered and determined to not be possible
			 without further jeopardizing life or property.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0072 - Prohibited Land Uses and Activities

Current through Register Vol. 63, No. 7, July 1, 2024
The following land uses and activities shall not be allowed
				within the Columbia River Gorge National Scenic Area:
(1) Solid waste disposal sites or sanitary
			 landfills within the Special Management Area.
(2) New industrial development in the Scenic
			 Area outside of the Urban Areas.
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 350-081-0076 - Agricultural Buffer Zones in the General Management Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All new buildings in the GMA shall comply
			 with the following guidelines when proposed to be located on a parcel adjacent
			 to lands that are designated Large-Scale or Small-Scale Agriculture and are
			 currently used for or are suitable for agricultural use: [Table not included.
			 See ED. NOTE.]
(2) Earth berms may
			 be used to satisfy, in part, the setback guidelines. The berm shall be a
			 minimum of 8 feet in height, and contoured at 3:1 slopes to look natural.
			 Shrubs, trees, and/or grasses shall be employed on the berm to control erosion
			 and achieve a finished height of 15 feet.
(3) The planting of a continuous vegetative
			 screen may be used to satisfy, in part, the setback guidelines. Trees shall be
			 at least 6 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.
(4) The necessary berming and/or planting
			 shall be completed during the first phase of development and maintained in good
			 condition.
(5) If several crops or
			 crop rotation is involved in the adjacent operation, the greater setback shall
			 apply.
(6) A local government may
			 grant a variance to the buffer guidelines upon a demonstration that the
			 variance guidelines in 350-081-0078  have been satisfied.
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS
				  196.150
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0078 - 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
			 that both of the following conditions exist:
(a) A setback or buffer specified in
			 Commission Rule 350-081 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 81 - LAND USE ORDINANCE › Section 350-081-0080 - Applying New Less-Stringent Regulations to Development Approved Under Prior Scenic Area Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
A landowner may submit a land use application to alter
				conditions of approval for an existing use or structure approved under prior
				Scenic Area regulations (e.g.,
Columbia River Gorge National Scenic
				Area Final Interim Guidelines, original Management Plan
), subject to
				the following standards:
(1) The
			 applicant shall apply for the same development that was reviewed in the
			 original decision.
(2) The
			 development shall remain in its current location.
(3) The agency that currently has
			 jurisdiction over the applicant's property shall review the application and
			 send notice of the application to agencies and other parties entitled to
			 receive notice under the current rules.
(4) The agency shall review the entire
			 development to ensure that it would fully comply with all the current
			 guidelines (i.e., land use, treaty rights, scenic resources, cultural
			 resources, recreation resources and natural resources).
(5) The agency shall issue a new decision
			 that supersedes the original decision.
(6) The new decision may remove or revise
			 original conditions of approval or add new conditions of approval to ensure
			 full compliance with all the current guidelines.
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 350-081-0082 - Existing Uses and Discontinued Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Right to Continue Existing Uses and
			 Structures
(a) Except as otherwise provided,
			 any existing use or structure may continue as long as it is used in the same
			 manner and for the same purpose.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0084 - Indian Tribal Treaty Rights and Consultation

Current through Register Vol. 63, No. 7, July 1, 2024
Indian Tribal Treaty Rights and Consultation in the General
				Management Area.
(1) Tribal Government
			 Notice:
(a) New uses located in, or providing
			 recreation river access to, the Columbia River or its fishbearing tributaries
			 shall include the following supplemental information:
(A) The site plan map shall show adjacent
			 river areas at least 1/2 mile upstream and downstream from the project site,
			 the locations at which river access is planned, and the locations of all tribal
			 fishing sites known to the project applicant.
(B) The site plan text shall include an
			 assessment of the potential effects that new uses may have on Indian treaty
			 rights. The assessment shall:
(i) Describe the
			 type of river access and uses proposed, estimated period when the development
			 would be used, and anticipated levels of use (people, boats, and other uses)
			 during peak-use periods.
(ii) List
			 tribal commercial fishing seasons in the project vicinity, as established by
			 the four treaty tribes.
(iii) List
			 tribal ceremonial fishing seasons in the project vicinity.
(iv) Based on the above factors, assess the
			 potential effects that the proposed uses may have on Indian treaty
			 rights.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0086 - Buffers from Existing Recreation Sites

Current through Register Vol. 63, No. 7, July 1, 2024
If new buildings or structures may detract from the use and
				enjoyment of established recreation sites, an appropriate buffer shall be
				established between the building/structure and the parcel.
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 350-081-0090 - Agricultural Buildings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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.
(2) To satisfy
			 350-081-0090(1), 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).
(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 81 - LAND USE ORDINANCE › Section 350-081-0092 - Temporary Use - Hardship Dwelling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A permit for the temporary placement of a
			 mobile home may be granted under the following circumstances:
(a) A family hardship exists where conditions
			 relate to the necessary care for a member of the family occupying the principal
			 dwelling and 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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0094 - Sewer and Water Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Sewer lines may be extended from an Urban Area into a rural area to serve:
(a) Areas with a documented health
			 hazard.
(b) Recreation uses open to
			 the public, only upon a demonstration by the local government 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 81 - LAND USE ORDINANCE › Section 350-081-0096 - Docks and Boathouses

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 New, private docks and boathouses serving only one family and one property
			 shall be allowed, up to 120 square feet in size.
(2) New, private docks and boathouses serving
			 more than one family and property shall be allowed, up to 200 square feet in
			 size.
(3) Public docks open and
			 available for public use shall be allowed.
(4) Boathouses may be allowed under
			 350-081-0096(1) and (2)  only when accessory to a dwelling and associated with a
			 navigable river or lake.
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 350-081-0098 - Home Occupations and Cottage Industries

Current through Register Vol. 63, No. 7, July 1, 2024
Home occupations and cottage industries may be established as
				authorized in specified land use designations consistent with the following
				guidelines:
(1) A home occupation may
			 employ only residents of the home.
(2) A cottage industry may employ up to three
			 outside employees.
(3) No more than
			 25 percent of the total actual living space of the dwelling may be used for the
			 home occupation or cottage industry.
(4) No more than 500 square feet of an
			 accessory structure may be used for a home occupation or cottage
			 industry.
(5) There shall be no
			 outside, visible evidence of the home occupation or cottage industry, including
			 outside storage.
(6) Exterior
			 structural alterations to the residence for the home occupation or cottage
			 industry shall not be permitted. New structures shall not be constructed for
			 the primary purpose of housing a home occupation or cottage industry.
(7) No retail sales may occur on the
			 premises, except incidental sales at lodging establishments authorized in this
			 chapter.
(8) One non-animated,
			 non-illuminated sign, not exceeding 2 square feet in area, may be permitted on
			 the subject structure or within the yard containing the home occupation or
			 cottage industry.
(9) Parking not
			 associated with residential use shall be screened so it is not visible from key
			 viewing areas.
(10) In the General
			 Management Area, a bed and breakfast lodging establishment that is two bedrooms
			 or less is considered a home occupation and shall meet the guidelines of
			 350-081-0098  and 350-081-0100.
(11)
			 In the Special Management Area, a bed and breakfast lodging establishment that
			 is two bedrooms or less is considered a home occupation and shall meet the
			 guidelines of 350-081-0098  and 350-081-0100, except
			 350-081-0100(1)(d).
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 350-081-0100 - Bed and Breakfast Inns

Current through Register Vol. 63, No. 7, July 1, 2024
Bed and breakfast inns may be established as authorized in
				specified land use designations, consistent with the following
				conditions:
(1) Guests may not occupy
			 a facility for more than 14 consecutive days.
(2) One non-animated, non-illuminated sign,
			 not exceeding 4 square feet in area, may be permitted on the structure or
			 within the yard containing the structure.
(3) Parking areas shall be screened so they
			 are not visible from key viewing areas.
(4) In the SMA, 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.
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 350-081-0102 - Small-Scale Fishing Support and Fish Processing Operations

Current through Register Vol. 63, No. 7, July 1, 2024
Small-scale fishing support and fish processing operations in
				conjunction with a family-based commercial fishing business may be allowed on
				parcels designated GMA Residential, GMA Small Woodland, or GMA Small-Scale
				Agriculture, subject to the following conditions:
(1) The operation shall comply with
			 350-081-0084(1). In addition, if the operation will be located on land
			 designated Small Woodland, then it shall also comply with 350-081-0300, and
			 350-081-0310.
(2) 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.
(3) 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.
(4) The operation shall be located on a
			 lawful parcel that is contiguous with and has direct access to the Columbia
			 River.
(5) 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.
(6) The operation may only employ residents
			 of the dwelling and up to three outside employees.
(7) 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.
(8) 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.
(9) An accessory
			 building used in the fishing support and fish processing operation may be
			 allowed up to 2,500 square feet.
(10) 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 350-081-0102(1)(j)(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 81 - LAND USE ORDINANCE › Section 350-081-0104 - Resource Enhancement Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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.
(2) In addition to other guidelines that
			 protect scenic, cultural, recreation, and natural resources, 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 seen from key
			 viewing areas as specified in 350-081-0520(2)(o)  and a reclamation plan that
			 provides all the applicable information specified in 350-081-0520(1)(f)(A)-(E),
			 except:
(A) The words "pre-reclamation" and
			 "post-reclamation" should replace the words "pre-mining" and "post-mining,"
			 respectively; and
(B) The
			 appropriate state agency or local government does not have to approve the
			 reclamation plan.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0106 - Disposal Sites for Spoil Materials from Public Road Maintenance Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 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
			 production and/or development of mineral resources in the GMA, including, but
			 not limited to:
(a) A reclamation plan that
			 provides all the applicable information specified in 350-081-0520(1)(f)(A)-(E),
			 except:
(A) The words "pre-disposal" and
			 "post-disposal" should replace the words "pre-mining" and "post-mining"
			 and
(B) The appropriate state
			 agency or local government does not have to approve the reclamation
			 plan.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0110 - Columbia River Bridge Replacement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Visual Quality: 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. A replacement bridge shall:
(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;
(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 81 - LAND USE ORDINANCE › Section 350-081-0112 - Signs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) GMA Sign
			 Provisions:
(a) Except for signs allowed
			 without review pursuant to 350-081-0074, all new signs must meet the following
			 guidelines unless these guidelines conflict with the Manual for Uniform Traffic
			 Control Devices for public safety, traffic control or highway construction
			 signs. In such cases, the standards in the Manual for Uniform Traffic Control
			 Devices shall supersede these guidelines.
(A)
			 The support structure shall be unobtrusive and have low visual
			 impact.
(B) Lettering colors with
			 sufficient contrast to provide clear message communication shall be allowed.
			 Signs shall be colored to blend with their setting to the maximum extent
			 practicable.
(C) Backs of all signs
			 shall be unobtrusive, nonreflective, and blend in with the setting.
(D) Spotlighting of signs may be allowed
			 where needed for night visibility. Backlighting is not permitted for
			 signs.
(E) Except for signs along
			 public highways necessary for public safety, traffic control, or road
			 construction and consistent with the Manual for Uniform Traffic Control
			 Devices, the following signs are prohibited:
(i) Luminous signs or those with intermittent
			 or flashing lights. These include neon signs, fluorescent signs, light
			 displays, and other signs that are internally illuminated, exclusive of
			 seasonal holiday light displays.
(ii) New billboards.
(iii) Signs with moving elements.
(iv) Portable or wheeled signs, or signs on
			 parked vehicles where the sign is the primary use of the
			 vehicle.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0120 - Consolidation of Lots

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 unit of land shall be consolidated with adjacent lands 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 81 - LAND USE ORDINANCE › Section 350-081-0124 - Land Divisions and Cluster Development

Current through Register Vol. 63, No. 7, July 1, 2024
(1) New land divisions in the SMA 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) Unless
			 otherwise specified, creation of a parcel, regardless of size, or any division
			 of land shall be subject to the guidelines in Commission Rule
			 350-081.
(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.
(4) Where
			 authorized in 350-081-0170-350-081-0510, a land division in the GMA may create
			 parcels smaller than the designated minimum size and may include a bonus, as
			 specified under 350-081-0124(6)  below, in order to cluster new dwellings.
			 Approval of cluster development shall be contingent upon submission of plans
			 specifying dwelling sites and areas of permanent, undeveloped open land. To
			 approve a cluster development, the local government must find that clustering
			 new dwellings will provide a siting opportunity not available through
			 conventional parcel-by-parcel development. These opportunities include siting
			 the new dwellings to:
(a) Be located in areas
			 with screening vegetation or other features that reduce visibility of
			 development as seen from key viewing areas.
(b) Avoid significant landscape
			 features.
(c) Protect the existing
			 character of the landscape setting.
(d) Reduce interference with movement of deer
			 or elk in winter range.
(e) Avoid
			 areas of known cultural resources.
(f) Consolidate road access, septic
			 drainfields, or other development features to reduce impacts associated with
			 grading or ground disturbance.
(g)
			 Reduce adverse effects to riparian areas, wetlands, natural areas, rare plants,
			 sensitive wildlife sites, or other natural resources.
(h) Increase the likelihood of agricultural
			 or forest management on the undeveloped land left by the cluster
			 development.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0170 - Agricultural Land Designations

Current through Register Vol. 63, No. 7, July 1, 2024
Commission Rule 350-081-0170  through 350-081-0240  shall apply
				to those areas designated Large-Scale or Small-Scale Agriculture, SMA
				Agriculture, and Agriculture-Special 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 350-081-0180 - Uses Allowed Outright - Agricultural 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 Large-Scale Agriculture, Small-Scale
				Agriculture, or SMA Agriculture.
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 350-081-0182 - Uses Allowed through the Expedited Development Review Process - Agricultural 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 Large-Scale Agriculture, Small-Scale
				Agriculture, or SMA Agriculture.
Stat. Auth.: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS
				  196.150