Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0210 - Uses Allowed Outright

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All Land Use
			 Designations Except Open Space and Agriculture-Special. The following uses are
			 allowed without review in all GMA and SMA land use designations, except GMA and
			 SMA Open Space and Agriculture-Special:
(a) In
			 the GMA, agricultural uses except new cultivation. Any operation that would
			 cultivate land that has not been cultivated, or has lain idle, for more than
			 five years shall be considered new cultivation. For this guideline, cultivation
			 and vegetation removal may be allowed in conjunction with a home
			 garden.
(b) In the SMAs,
			 agricultural uses within previously disturbed and regularly worked fields or
			 areas, except new agricultural structures.
(c) Forest practices in the GMA that do not
			 violate conditions of approval for other approved uses and
			 developments.
(d) Repair,
			 maintenance and operation of existing structures, including, but not limited
			 to, dwellings, agricultural structures, trails, roads, railroads, and utility
			 facilities.
(e) Accessory
			 structures 60 square feet or less in area and ten feet or less in height,
			 unless within the buffer zone of a wetland, stream, pond, lake or riparian
			 area. This category does not include signs, fences, outdoor lights, retaining
			 walls, flagpoles, roads, transportation facilities, or utility facilities. Only
			 one free-standing renewable energy (solar or wind) structure is allowed on a
			 parcel pursuant to this guideline.
(f) Wire-strand or woven-wire fences used for
			 gardens, yards, livestock, and similar uses less than or equal to 500 feet in
			 length and less than or equal to ten feet in height that are accessory to an
			 existing dwelling, provided woven-wire fences (posts and wire) are brown or
			 black if visible from key viewing areas. Height is measured from the ground to
			 the top wire.
(g) Wire-strand
			 fences less than or equal to 48 inches in height that are outside deer and elk
			 winter range as delineated in the Gorge Commission and Forest Service natural
			 resource data or determined by an appropriate federal or state agency. Height
			 is measured from the ground to the top wire. This category does not include
			 fences associated with transportation facilities or utility
			 facilities.
(h) The following
			 transportation facilities:
(A) Replace
			 existing safety or protective structures, including, but not limited to,
			 guardrails, access control fences and gates, barriers, energy attenuators,
			 safety cables, rockfall structures, and traffic signals and controllers,
			 provided the replacement structures are: the same location and size as the
			 existing structures and the same building materials as the existing structures,
			 or building materials that are dark brown with a flat, non-reflective finish,
			 or building materials consistent with the Historic Columbia River Highway
			 Master Plan for the Historic Columbia River Highway or a scenic highway
			 corridor strategy for Interstate 84 or Washington State Route 14 prepared
			 according to the Management Plan.
(B) Replace existing traffic detection
			 devices, vehicle weighing devices, and signal boxes, provided the replacement
			 structures are the same location and size as the existing structures and the
			 same building materials as the existing structures, or building materials that
			 are dark brown with a flat, non-reflective finish, or building materials
			 consistent with the Historic Columbia River Highway Master Plan for the
			 Historic Columbia River Highway or a scenic highway corridor strategy for
			 Interstate 84 or Washington State Route 14 prepared according to the Management
			 Plan.
(C) New raised pavement
			 markers, guide posts, object markers, inlay markers, and pavement markings and
			 striping.
(D) Permanent public
			 regulatory, guide, and warning signs, except those excluded below, provided
			 that the signs comply with the Manual for Uniform Traffic Control Devices (2012
			 or most recent version) and the support structures and backs of all signs are
			 dark brown with a flat, non-reflective finish. This category does not include
			 specific service signs; destination and distance signs; variable message signs;
			 or signs that bridge or are cantilevered over the road surface.
(E) Extensions of existing guardrails or
			 traffic barriers less than or equal to 50 feet in length and new guardrail ends
			 for existing guardrails, provided the guardrails and guardrail ends are located
			 inside rights-of-way that have been disturbed in the past and constructed of
			 materials that match the existing structure, natural wood, weathering steel
			 (e.g., Corten), or materials consistent with the Historic Columbia River
			 Highway Master Plan for the Historic Columbia River Highway or a scenic highway
			 corridor strategy for Interstate 84 or Washington State Route 14 prepared
			 according to the Management Plan.
(F) New traffic barriers and guardrail ends,
			 provided the structures are located inside rights-of-way that have been
			 disturbed in the past and are constructed of natural wood, weathering steel
			 (e.g., Corten), or materials consistent with the Historic Columbia River
			 Highway Master Plan for the Historic Columbia River Highway or a scenic highway
			 corridor strategy for Interstate 84 or Washington State Route 14 prepared
			 according to the Management Plan. This category does not include jersey
			 barriers.
(G) In the GMA,
			 replacement or expansion of existing culverts, provided the entity or person
			 owning or operating the culvert shall obtain all necessary federal and state
			 permits that protect water quality and fish and wildlife habitat before
			 construction.
(H) In the SMAs,
			 replacement or expansion of existing culverts for ephemeral streams or ditches,
			 provided the visible ends of culverts shall be dark and non-reflective. The
			 entity or person owning or operating the culvert shall obtain all necessary
			 federal and state permits that protect water quality and fish and wildlife
			 habitat before construction.
(I)
			 Maintenance of existing railroad track and paved roads, provided the activity
			 does not increase the width of a road or railroad or disturb the toe of
			 adjacent embankments, slopes or cut banks.
(J) Apply dust abatement products to
			 non-paved road surfaces.
(K) Grade
			 and gravel existing road shoulders, provided the activity does not increase the
			 width of a road or disturb the toe of adjacent embankments, slopes or cut
			 banks.
(L) Replace the
			 superstructure of bridges (e.g., decks, beams) for bridges less than or equal
			 to 30 feet in length and less than or equal to 1,000 square feet in area. This
			 category does not include guardrails, traffic barriers, or the substructure of
			 bridges (e.g., foundations, abutments).
(i) The following underground utility
			 facilities:
(A) Replace or modify existing
			 underground utility facilities located inside road, utility or railroad
			 rights-of-way or easements that have been disturbed in the past or co-locate
			 new underground utility facilities with existing underground facilities located
			 inside road, utility or railroad rights-of-way or easements that have been
			 disturbed in the past, provided no excavation would extend beyond the depth and
			 extent of the original excavation.
(B) Replace or modify existing underground
			 utility facilities located inside road, utility or railroad rights-of-way or
			 easements that have been disturbed in the past or co-locate new underground
			 utility facilities with existing underground facilities located inside road,
			 utility or railroad rights-of-way or easements that have been disturbed in the
			 past, provided:
(i) No excavation would extend
			 more than 12 inches beyond the depth and extent of the original
			 excavation;
(ii) No ditch for
			 linear facilities would be more than 24 inches wide;
(iii) No excavation for non-linear facilities
			 would exceed ten cubic yards; and
(iv) no recorded archaeological site is
			 located within 500 feet of the development. To comply with this subsection, the
			 entity or person undertaking the development shall contact the Washington
			 Office of Archaeology and Historic Preservation or the Oregon State Historic
			 Preservation Office and obtain a letter or other document stating no recorded
			 archaeological site is located within 500 feet of the development.
(j) The following
			 aboveground and overhead utility facilities:
(A) Replace existing aboveground and overhead
			 utility facilities including towers, pole or tower-mounted equipment, cables
			 and wires, anchors, pad-mounted equipment, service boxes, pumps, valves, pipes,
			 water meters, and fire hydrants, provided the replacement facilities would have
			 the same location and size as the existing facilities and the same building
			 materials as the existing facilities, or building materials that are dark brown
			 with a flat, non-reflective finish, or building materials consistent with the
			 Historic Columbia River Highway Master Plan for the Historic Columbia River
			 Highway or a scenic highway corridor strategy for Interstate 84 or Washington
			 State Route 14 prepared according to the Management Plan.
(B) Replace existing utility poles, provided
			 the replacement poles are located within five feet of the original poles, no
			 more than five feet taller and six inches wider than the original poles, and
			 constructed of natural wood, weathering steel (e.g., Corten), materials that
			 match the original poles, or materials that are dark brown with a flat,
			 non-reflective finish.
(C) New whip
			 antennas for public service less than or equal to eight feet in height and less
			 than or equal to two inches in diameter, cables, wires, transformers, and other
			 similar equipment, provided all such structures are on existing utility poles
			 or towers.
(k) Flagpoles
			 that are accessory to the principal building on a parcel, provided the height
			 of the flagpole is less than or equal to the height of the highest ridgeline or
			 parapet of the principal building.
(l) The following signs:
(A) Election signs. Removal must be
			 accomplished within 30 days of election day.
(B) "For sale" signs not greater than 12
			 square feet. Removal must be accomplished within 30 days of close of
			 sale.
(C) Temporary construction
			 site identification, public service company, safety, or information signs not
			 greater than 32 square feet. Exceptions may be granted for public highway signs
			 necessary for public safety and consistent with the Manual on Uniform Traffic
			 Control Devices (2012 or most recent version). Removal must be accomplished
			 within 30 days of project completion.
(D) Signs posted on private property warning
			 the public against trespassing, danger from animals, the private nature of a
			 road, driveway or premise, or signs prohibiting or otherwise controlling
			 fishing or hunting, provided such signs are not greater than six square feet in
			 the GMA and two square feet in the SMAs.
(E) Temporary signs advertising civil,
			 social, or political gatherings and activities, provided such signs do not
			 exceed 12 square feet. Removal must be accomplished within 30 days of the close
			 of the event.
(F) Signs posted by
			 governmental jurisdictions giving notice to the public. Such signs shall be no
			 larger than that required to convey the intended message.
(G) In the GMA, signs associated with the use
			 of a building or buildings, if placed flat on the outside walls of buildings
			 (not on roofs or marquees).
(m) In the GMA, wind machines for frost
			 control in conjunction with agricultural use.