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(continued)
(163) Unimproved lands: Lands that generally do not have developments such as buildings or structures.
(164) Upland: Any area that does not qualify as a wetland because the associated hydrologic regime is not sufficiently wet to elicit development of vegetation, soils, and/or hydrologic characteristics associated with wetlands.
(165) Uses allowed outright: New uses and developments that may occur without being reviewed by a county planning department, the Gorge Commission, or the Forest Service to determine if they are consistent with the Management Plan.
(166) Utility facility: Any structure that provides for the transmission or distribution of water, sewer, fuel, electricity, or communications.
(167) Vested right: The right to develop or continue to develop a use, development or structure that was reviewed and approved pursuant to this Management Plan.
(168) Viewshed: A landscape unit seen from a key viewing area.
(169) Visual quality objective (VQO): A set of visual management goals established by the Forest Service to achieve a desired visual objective. These objectives include retention (not visually evident) and partial retention (visually subordinate), and others in the Mt. Hood and Gifford Pinchot National Forest Plans.
(170) Visually subordinate: A description of the relative visibility of a structure or use where that structure or use does not noticeably contrast with the surrounding landscape, as viewed from a specified vantage point (generally a key viewing area, for the Management Plan). As opposed to structures that are fully screened, structures that are visually subordinate may be partially visible. They are not visually dominant in relation to their surroundings. Visually subordinate forest practices in the SMA shall repeat form, line, color, or texture common to the natural landscape, while changes in their qualities of size, amount, intensity, direction, pattern, etc., shall not dominate the natural landscape setting.
(171) Water-dependent: Uses that absolutely require, and cannot exist without, access or proximity to, or siting within, a water body to fulfill their basic purpose. Water-dependent uses include, but are not limited to, docks, wharfs, piers, dolphins, certain fish and wildlife structures, boat launch facilities, and marinas. Dwellings, parking lots, spoil and dump sites, roads, restaurants, trails and paths, trailer parks, resorts, and motels are not water-dependent.
(172) Water-related: Uses not directly dependent upon access to a water body, but whose presence facilitates public access to and enjoyment of a water body. In the GMA, water-related uses shall be limited to boardwalks, trails and paths, observation decks, and interpretative aids, such as kiosks and signs.
(173) Wetlands: Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. This does not include riparian areas, rivers, streams, and lakes.
(174) Wetlands functions: The beneficial roles that wetlands serve, including storage, conveyance, and attenuation of floodwaters and stormwaters; groundwater recharge and discharge; protection of water quality and reduction of sediment and erosion; production of waterfowl, game and nongame birds, mammals, and other living resources; protection of habitat for endangered, threatened, and sensitive species; food chain support for a broad range of wildlife and fisheries; educational, historical, and archaeological value protection; and scenic, aesthetic, and recreational amenities.
(175) Winery: An agricultural facility used for processing grapes into wine, including laboratories, processing areas, offices, and storage areas. A winery is distinct from a wine sales/tasting room; each of these uses must be explicitly reviewed and approved.
(176) Wine sales/tasting room: A facility that is accessory to a winery and used for tasting and retail sales of wine, including interior space (e.g., wine bar, sitting room) and exterior space (e.g., patio, veranda). A wine sales/tasting room shall not be used for preparing or serving meals or hosting weddings, receptions or other commercial events, unless allowed, reviewed and approved under the "Commercial Events" provisions in 350-081-0108. A wine sales/tasting room is distinct from a winery; each of these uses must be explicitly reviewed and approved.
(177) Woody plant: A seed plant (gymnosperm or angiosperm) that develops persistent, hard, fibrous tissues.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
Applications and Procedures
350-081-0030
Standards for Applications
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.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0032
Application for Review and Approval
(1) Prior to initiating any use or development which requires review and approval by the Executive Director, an application shall be completed pursuant to 350-081-0032.
(2) The Executive Director shall accept and review the application pursuant to 350-081-0030 through 350-081-0046 for consistency with the appropriate guidelines of this rule.
(3) The Commission may charge a fee for review of applications after a public hearing. The Gorge Commission shall set the fee.
(4) Standard application forms shall be available at the Commission Office, and shall be provided to county and city planning offices and the Forest Service.
(5) Applications for the review and approval of a proposed use or development shall provide the following information:
(a) The applicant's name, address and telephone number;
(b) The land owner's name, address and telephone number (if different from applicant's);
(c) The county in which the proposed use or development would be located;
(d) The section, quarter section, township and range in which the proposed development would be located;
(e) The street address of the proposed use or development;
(f) The tax lot number(s) and size in acres of the parcel(s) involved;
(g) A description of the current land use for the parcel(s) involved and adjoining lands;
(h) A written description of the proposed use or development, including details on the height, exterior color(s), and construction materials of the proposed structures.
(i) A list of Key Viewing Areas from which the proposed use would be visible.
(j) A map of the project area. The map shall be drawn to scale. The scale of the map shall be large enough to allow the Executive Director to determine the location and extent of the proposed use or development and evaluate its effects on scenic, cultural, natural, and recreation resources. The map shall be prepared at a scale of 1 inch equals 200 feet (1:2,400), or a scale providing greater detail. If a parcel is very large, the map does not need to show the entire parcel. Rather, it can show only those portions of the parcel affected by the proposed use. The map shall include the following elements:
(A) North arrow.
(B) Map scale.
(C) Boundaries, dimensions, and size of the subject parcel.
(D) Significant terrain features or landforms.
(E) Groupings and species of trees or other vegetation on the parcel.
(F) Location and species of vegetation that would be removed or planted.
(G) Bodies of water and watercourses.
(H) Location and width of existing and proposed roads, driveways, and trails.
(I) Location and size of existing and proposed structures.
(J) Location of existing and proposed services including wells or other water supplies, sewage disposal systems, power and telephone poles and lines, and outdoor lighting.
(K) Location and depth of all proposed grading and ditching.
(k) Elevation drawings, which shall show the appearance of proposed structures and shall include natural grade, finished grade, and the geometrical exterior of at least the length and width of structures as seen from a horizontal view. Elevation drawings shall be drawn to scale.
(l) A list of names and addresses of the adjacent property owners within a distance of the subject parcel as determined in 350-081-0630.
(m) Any additional information that the applicant feels will assist in the evaluation of the proposal, including but not limited to, maps, drawings, and development plans.
(n) The signature of the applicant and property owner or a statement from the property owner indicating that he is aware of the application being made on his property.
(o) The signature of the property owner on a statement that authorizes the Executive Director or the Executive Director's designee reasonable access to the site in order to evaluate the application.
(6) Applications for the following uses or developments shall include additional information as required by the appropriate guidelines in Commission Rule 350-081 or by the Executive Director:
(a) In the General Management Area, for all buildings visible from key viewing areas, pursuant to 350-081-0520(2)(n).
(b) In the General Management Area, production and/or development of mineral resources and expansion of existing quarries pursuant to 350-081-0520(1)(f), (2)(o), and (2)(bb).
(c) A grading plan that complies with the requirements of 350-081-0520(2)(aa)(A) and (B) is required for the following:
(A) In the General Management Area, all applications for structural development involving more than 100 cubic yards of grading with slopes over 10 percent shall include a grading plan;
(B) In the General Management Area, all proposed structural development on sites visible from key viewing areas and involving more than 200 cubic yards of grading, regardless of slope; and
(C) In the Special Management Area, all applications for structural development involving more than 100 cubic yards of grading with slopes greater than 10 percent (except trails) shall include a grading plan.
(d) In the General Management Area, vegetation management projects in public rights of way along Scenic Travel Corridors, pursuant to 350-081-0520(4)(d).
(e) Large-scale uses as defined by guideline 350-081-0540(1)(c)(C) shall include reconnaissance survey reports, pursuant to 350-081-0540(1)(c)(F), and (G).
(f) Proposed uses that would alter the exterior architectural appearance of buildings and structures that are 50 years old or older, or would compromise features of the surrounding area that are important in defining the historic or architectural character of buildings that are 50 years old or older, pursuant to 350-081-0540(1)(c)(H)(iii).
(g) In the General Management Area, new uses located in, or providing recreational access to the Columbia River or its fishbearing tributaries, pursuant to 350-081-0084(1)(a)(A).
(h) In the General Management Area, any review use in a wetland or within a wetland buffer zone, pursuant to 350-081-0560(1)(b).
(i) In the General Management Area, any review use in a stream, pond, lake, or within their buffer zones, pursuant to 350-081-0570(1)(b).
(j) In the General Management Area, any review use within 1000 feet of a sensitive wildlife area or site, pursuant to 350-081-0580(1)(b). Large-scale uses as defined by 350-081-0580(2) shall also include field survey information, pursuant to 350-081-0580(2)(e).
(k) In the General Management Area, any review use within 1000 feet of a sensitive plant, pursuant to 350-081-0590(1)(b). Large-scale uses as defined by 350-081-0590(2) shall also include field survey information, pursuant to Commission Rule 350-081-0590(2)(e).
(l) In the General Management Area, on lands designated Large-Scale Agriculture, a single-family dwelling in conjunction with agricultural use, pursuant to 350-081-0190(1)(h), and if applicable, 350-081-0190(1)(i).
(m) In the General Management Area, on lands designated Large-Scale Agriculture, a single-family dwelling not in conjunction with agricultural use, pursuant to Commission Rule 350-81-190(1)(q).
(n) In the General Management Area, on lands designated Large-Scale Agriculture, a single-family dwelling for an agricultural operator's relative, pursuant to Commission Rule 350-081-0190(1)(k).
(o) In the General Management Area, on lands designated Large-Woodland, a single-family dwelling, pursuant to 350-081-0270(1)(a).
(p) In the Special Management Area, on lands designated Agriculture, Forest, or Public Recreation, a single-family dwelling, pursuant to 350-081-0270(2)(j).
(q) In the Special Management Area, on lands designated Agriculture, Forest, Residential, or Public Recreation, clearing trees for new agricultural use, pursuant to 350-081-0270(2)(x).
(r) In the Special Management Area, on lands designated Agriculture, Forest, Residential, or Public Recreation, forest practices, pursuant to 350-081-0270(2)(y).
(s) In the Special Management Area, on lands designated Open Space, any new use or development, pursuant to 350-081-0340(4).
(t) In the General Management Area, on lands designated Agriculture-Special, a single-family dwelling pursuant to 350-081-0232(1)(g).
(u) In the Special Management Area, on lands designated Agriculture, Forest, or Public Recreation, a single-family dwelling necessary and accessory to agricultural use, pursuant to 350-081-0190(2)(c).
(v) In the Special Management Area, on lands designated Agriculture, Forest, or Public Recreation, farm labor housing, pursuant to 350-081-0190(2)(d).
(w) In the General Management Area, on lands designated Small Woodland, a single-family dwelling pursuant to 350-081-0270(1)(b).
(x) In the General Management Area, on lands designated Commercial Forest, Large Woodland, or Small Woodland, a single-family dwelling in conjunction with agricultural use pursuant to 350-081-0270(1)(c).
(y) In the General Management Area, on lands designated Commercial Forest, Large Woodland, or Small Woodland, agricultural labor housing, pursuant to 350-081-0270(1)(o).
(z) In the General Management Area, on lands designated Agriculture-Special, new livestock grazing, new fences, livestock watering facilities, and corrals; or soil, water, and vegetation conservation activities, pursuant to 350-081-0240.
(aa) In the General Management Area and Special Management Area, agricultural buildings, pursuant to 350-081-0090(2).
(bb) Other uses as deemed necessary by the Executive Director.
(7) Completed application forms shall be submitted directly to the office of the Columbia River Gorge Commission.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0034
Pre-Application Conference
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
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0036
Acceptance of Application
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.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0038
Notice of Development Review
(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 rendering a decision; and
(e) The deadline for filing comments on the proposed action.
(2) The notice shall state that the application and supporting documents are available for inspection at the Commission office during normal working hours.
(3) The notice shall state the applicant must comply with all applicable local, state, and federal laws.
(4) The notice shall be mailed to:
(a) The Forest Service, the applicable state, the four Indian tribal governments, and the applicable county and/or city; and
(b) Owners of property within a radius of the subject parcel(s) as determined by 350-081-0630; and
(c) Other agencies and interested parties which request a notice or which the Executive Director determines should be notified.
(5) The notice shall be posted at the Commission and shall be sent to the Forest Service offices, and the applicable county or city planning office(s) and libraries.
(6) For all development, notice shall be published in a newspaper of general circulation nearest to the site of the proposed action.
(7) A copy of the notice shall be filed in the records of the Commission.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0040
Comment Period
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 350-81-540(3) is required.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0042
Decision of the Executive Director
(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.
(2) The Executive Director shall approve a proposed use or development only if it is consistent with the standards of section 6 and the purposes of P.L. 99-663 and Commission Rule 350-081.
(a) In approving a proposed development action, the Executive Director may impose conditions as necessary to ensure consistency with the guidelines of Commission Rule 350-081.
(b) Conditions attached to approval of a proposed development action shall be recorded in county deeds and records to ensure notice of the conditions to successors in interest. The Executive Director's decision shall include this requirement.
(3) The Executive Director shall issue a decision on a proposed use or development including findings of fact and conclusions of law and any conditions to ensure consistency with the standards of section 6 and the purposes of P.L. 99-663 and Commission Rule 350-081 within 72 days after acceptance of the application except in one or more of the following situations:
(a) The applicant consents to an extension of time.
(b) The Executive Director determines that additional information is required pursuant to Commission Rule 350-081-0040.
(c) The Executive Director determines that additional information is necessary to evaluate land use issues and the impacts of the proposed use to scenic, cultural, natural, and recreation resources.
(d) Unforeseen circumstances including, but not limited to, weather, illness, etc.
(4) The Executive Director shall mail a copy of the decision to the applicant, the Forest Service, the applicable state, the four Indian tribal governments, the applicable county and/or city and each person who submitted comments under Commission Rule 350-081-0040. The decision shall set forth the rights of appeal under Commission Rule 350-070.
(5) The decision of the Executive Director shall be final unless a Notice of Appeal is filed in accordance with Commission Rule 350-070. An applicant who chooses to proceed with an approved development during the appeal period shall assume all associated risks and liabilities.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0044
Expiration of Approvals
(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.
(4) Commencement of Construction: As used in subsection 3(a) above, commencement of construction shall mean actual construction of the foundation or frame of the approved structure. For utilities and developments without a frame or foundation, commencement of construction shall mean actual construction of support structures for an approved above ground utility or development or actual excavation of trenches for an approved underground utility or development. For roads, commencement of construction shall mean actual grading of the roadway.
(5) Completion of Structure: As used in subsection 3(b) above, completion of the structure shall mean (1) completion of the exterior surface(s) of the structure and (2) compliance with all conditions of approval in the land use approval.
(6) Extension of Validity of Land Use Approvals: A request for extension of the time frames in subsections 2, 3(a) or 3(b), above, shall be submitted in writing before the applicable expiration date.
(a) A reviewing agency may grant one 12-month extension to the validity of a land use approval if it determines that events beyond the control of the applicant prevented commencement of the use or development (applicable to section 2 above) or commencement of construction (applicable to subsection 3(a) above) within the original two-year time frame.
(b) An agency may also grant one 12-month extension if it determines that events beyond the control of the applicant prevented completion of the structure (applicable to subsection 3(b) above) within the original two-year time frame.
(c) A request for extension shall state the reason why events beyond the control of the applicant warrant an extension.
(d) Approval or denial of a request for extension shall be considered an administrative decision.
(7) Vested Rights: The laws of the states of Oregon and Washington concerning vested rights shall not apply in the National Scenic Area. A person has a vested right for as long as the land use approval does not expire.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0046
Changes or Alterations to an Approved Action
Any change to a development action approved by the Executive Director pursuant to this rule shall be processed as 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
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
Expedited Development Review Process
350-081-0050
Development Eligible for Expedited Review
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, 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 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.
(7) Road closure gates.
(8) Signs, other than those allowed outright.
(9) Outdoor lights.
(10) Air, weather, water and other similar research and monitoring facilities, provided the facilities are attached to existing structures or are less than or equal to 120 square feet in size and less than or equal to 12 feet in height.
(11) Lot line adjustments in the General Management Area that would not result in the potential to create additional parcels through subsequent land divisions, subject to 350-081-0126(1), except all lot line adjustments for parcels designated Open Space, Public Recreation, or Commercial Recreation shall be reviewed through the full development review process.
(12) Lot line adjustments in the Special Management Area, subject to 350-081-0126(2).
(13) Demolition of structures that are less than 50 years old, including wells, septic tanks and fuel tanks.
(14) Decommission non-paved roads, including ripping the road surface, barriers, and revegetation.
(15) Trail reconstruction involving up to 1,000 feet of trail re-route.
(16) The following transportation facilities, provided they are not a part of larger construction or reconstruction projects (which shall be reviewed as a whole):
(a) New guardrails and guardrail ends, other than those allowed outright, and new wire-strand and woven-wire access control fences. This category does not include jersey barriers.
(b) New traffic detection devices, vehicle weighing devices, and signal boxes less than or equal to 120 square feet in size and less than or equal to 12 feet in height. This category does not include signs.
(c) Pave existing dirt and gravel roads, provided the activity does not increase the width of the road or disturb the toe of adjacent embankments, slopes or cut banks.
(d) New weather, air, traffic or other monitoring equipment attached to existing structures or that are less than or equal to 120 square feet in size and less than or equal to 12 feet in height.
(17) The following underground utility facilities: New underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past, provided (1) no ditch for linear facilities would be more than 36 inches wide and (2) no excavation for non-linear facilities would exceed 20 cubic yards.
(18) The following aboveground and overhead utility facilities:
(a) Modify existing aboveground and overhead utility facilities or develop new aboveground and overhead utility facilities including building and equipment foundations, poles, transformers, conduit, fencing, pumps, valves, pipes, and water meters, provided the development would be less than or equal to 120 square feet in area and less than or equal to 12 feet in height.
(b) Replace existing aboveground and overhead utility facilities including building and equipment foundations, poles, transformers, conduit, fencing, pumps, valves, pipes, and water meters, provided the replacement facilities would be in the same location as and no more than 15 percent larger than the physical size of the existing facilities.
(c) New antennas and associated support structures necessary for public service on existing wireless communication poles and towers other than those allowed outright, provided the size is the minimum necessary to provide the service.
(19) Replace an existing mobile home in a mobile home space within a mobile home park, provided:
(a) The mobile home to be replaced, the mobile home space and the mobile home park shall be existing, lawful uses according to the definition of existing use or structure and 350-081-0082(1) through (4);
(b) The replacement mobile home shall be in the same location as the mobile home to be replaced;
(c) The height of the replacement mobile home shall be no more than 20 percent greater than the mobile home to be replaced; and
(d) The mass and footprint of the replacement mobile home shall be no more than 100 percent greater than a single-wide mobile home to be replaced or no more than 25 percent greater than a double-wide mobile home to be replaced.
(20) Retaining walls accessory to existing dwellings less than or equal to 2 feet in height and less than or equal to 100 feet in length.
(21) In the Special Management Area, wind machines for frost control in conjunction with agricultural use.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0052
Resource and Treaty Rights Protections Guidelines
(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) 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) 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).
(b) Cultural:
(A) The expedited development review process shall only be used to review proposed development that does not require a reconnaissance survey, pursuant to 350-081-0540(1)(c)(A) or historic survey, pursuant to 350-081-0540(1)(c)(B).
(B) The GMA guidelines that protect cultural resources and human remains discovered during construction (350-081-0540(6) and (7)) shall be applied as conditions of approval for all development approved under the expedited development review process.
(c) Recreation:The development shall not detract from the use and enjoyment of established recreation sites on adjacent parcels.
(d) Natural:
(A) Wetlands, Streams, Rivers, Ponds, and Lakes The development is outside buffer zones for wetlands, streams, rivers, ponds, and lakes. This guideline shall not apply to lot line adjustments or development located inside road, utility or railroad rights-of-way or easements that have been previously disturbed and regularly maintained.
(B) Sensitive Wildlife and Sensitive Plants
(i) The development meets one of the following:
(I) The development is at least 1,000 feet from known sensitive wildlife areas or sites (excluding sensitive aquatic species, deer winter range, and turkey habitat) and known sensitive plants; or
(II) The development does not disturb the ground or is inside road, utility or railroad rights-of-way or easements or other areas that have been previously disturbed and regularly maintained; or
(III) For sensitive wildlife, the development is within 1,000 feet of known sensitive wildlife areas or sites (excluding sensitive aquatic species, deer winter range and turkey habitat), but an appropriate federal or state wildlife agency determines
(aa) The sensitive wildlife area or site is not active; or
(bb) The proposed development would not compromise the integrity of the wildlife area or site or occur during the time of the year when wildlife species are sensitive to disturbance. For sensitive plants, the development is within 1,000 feet of known sensitive plants, but the Oregon or Washington Natural Heritage Program or a person with recognized expertise in botany or plant ecology hired by the applicant has determined that the development would be at least 200 feet from the sensitive plants.
(ii) Development eligible for expedited review shall be exempt from the field survey requirements for sensitive wildlife or sensitive plants.
(2) Proposed developments reviewed using the expedited review process shall comply with the following treaty rights protection guidelines:
(a) Proposed developments shall not affect or modify any treaty or other rights of any Indian tribe.
(b) The expedited development review process shall cease and the proposed development shall be reviewed using the full development review process if an Indian tribe submits substantive written comments during the comment period that identify the treaty rights that exist in the project vicinity and explain how they would be affected or modified by the proposed development.
(c) Except as provided in (2)(b) above, the GMA and SMA treaty rights and consultation goals, policies and guidelines in Chapter 3, Section IV of the Management Plan shall not apply to proposed developments reviewed under the expedited review process.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0054
Procedures for Expedited Review Process
(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.
(2) Acceptance of Application:
(a) 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.
(b) 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.
(3) Notice of Development Review:
(a) 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 rendering a decision; and
(E) The deadline for filing comments on the proposed action.
(b) The notice shall state that the application and supporting documents are available for inspection at the Commission office during normal working hours.
(c) The notice shall state the applicant must comply with all applicable local, state, and federal laws.
(d) The notice shall be mailed to the Forest Service, the four Indian tribal governments, applicable county or city planning office(s), libraries and other agencies and interested parties that request a notice or that the Executive Director determines should be notified.
(e) A copy of the notice shall be filed in the records of the Commission.
(4) Comment Period: Any interested person or party shall submit written comments within 10 days from the date a notice is sent.
(5) Written Decision:
(a) 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 350-081-0054(4); and
(D) Solicit and consider the comments of the Forest Service.
(b) The Executive Director shall approve a proposed use or development only if it is consistent with the standards of section 6 and the purposes of P.L. 99-663 and Commission Rule 350-081.
(A) In approving a proposed development action, the Executive Director may impose conditions as necessary to ensure consistency with the guidelines of Commission Rule 350-081.
(B) Conditions attached to approval of a proposed development action shall be recorded in county deeds and records to ensure notice of the conditions to successors in interest. The Executive Director's decision shall include this requirement.
(c) The Executive Director shall issue a decision on a proposed use or development including findings of fact and conclusions of law and any conditions to ensure consistency with the standards of section 6 and the purposes of P.L. 99-663 and Commission Rule 350-81 within 30 days after acceptance of the application.
(d) The decision of the Executive Director shall be final unless a Notice of Appeal is filed in accordance with Commission Rule 350-070. An applicant who chooses to proceed with an approved development during the appeal period shall assume all associated risks and liabilities.
(6) Notice of Decision and Opportunity to Appeal:
(a) The Executive Director shall send a copy of a decision issued under the expedited review process to the four Indian tribal governments, the Forest Service, landowners within 200 feet of the perimeter of the subject parcel, and anyone who submitted comments pursuant to 350-081-0054(4).
(b) Any person shall be allowed to appeal a decision issued under the expedited review process in accordance with Commission Rule 350-070.
(7) Expiration of Approvals. Approvals issued under the expedited review process shall expire in accordance with the standards for expiration of approvals for review uses (Commission Rule 350-081-0044, above).
(8) Changes or Alterations to an Approved Action. Changes or alterations to an approval issued under the expedited review process shall be made in accordance with the standards for changes or alterations to approved actions for review uses (Commission Rule 350-081-0046, above).
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
Emergency/Disaster Response Actions
350-081-0060
Emergency/Disaster Response Actions
(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.
(2) Notification Requirements
(a) Actions taken in response to an emergency/disaster event, as defined in Commission Rule 350-081-0020(54), are allowed in all GMA and SMA land use designations, subject to the following notification requirements.
(A) Notification of an emergency/disaster response activity shall be submitted either within 48 hours of the commencement of a response action, or by the next business day following the start of such an action, whichever is sooner. Notification shall be submitted by the party conducting an emergency/disaster response activity or their representatives. In the case of multiple responding parties, the first party to respond shall provide the required notification, unless, upon mutual agreement of responding parties, another responder elects to assume this responsibility.
(B) Notification shall be submitted by mail, fax, telephone, e-mail or in person. If notification occurs by telephone, a hard copy of the notification shall be submitted by mail or in person within 7 days.
(C) Notification shall be furnished to the Executive Director or the Forest Service for federal agency actions.
(D) At a minimum, the following information shall be required at the time of notification:
(i) Nature of emergency/disaster event.
(ii) Description of emergency/disaster response activities and magnitude of response actions to be taken, if applicable (such as extent of earth movement, erection of structures, etc.).
(iii) Location of emergency/disaster response activities.
(iv) Estimated start and duration of emergency/disaster response activities.
(v) Contact person and phone number for the parties conducting emergency/disaster response actions.
(E) Repair and maintenance of an existing serviceable structure to its previously authorized and undamaged condition are not subject to the above referenced notification requirements.
(b) Upon notification of an emergency/disaster response action, the Executive Director, or Forest Service shall, as soon as possible:
(A) Review its natural resource inventory data and notify the contact person for the emergency/disaster response actions of all inventoried natural resource sites and their buffers, that are within or adjacent to the response area or that may be adversely affected by response activities;
(B) Notify the Oregon or Washington Department of Fish and Wildlife of all noticed emergency/disaster response actions, to provide that agency an opportunity to consult with responding agencies during the event, and;
(C) Notify the Forest Service, the Oregon Historic Preservation Office or the Office of Washington Office of Archeology and Historic Preservation, and the tribal governments of all emergency/disaster response activities. The Forest Service will review their cultural resource inventory data and notify the contact person for the emergency/disaster response action as soon as possible of all inventoried cultural resource sites, or their buffers, that are within, or adjacent to, emergency/disaster response areas.
(c) Upon notification of a response action, the Forest Service shall, as soon as possible, offer the services of a resource advisor to the agency(ies) conducting the response action. The resource advisor will provide on-site advice to minimize impacts to resources from emergency/disaster response actions.
(3) Post-Emergency/Disaster Response Development Review Application Requirements
(a) Within 30 days following notification, a post-emergency/disaster response application shall be submitted by the party conducting the response action to the Executive Director, or Forest Service for federal agency actions. In the case of an event with multiple responding parties, the party providing initial notification asrequired herein shall submit the application. An exception to this may occur if another responding party, by mutual agreement with the other respondents, elects to submit the application. Requests to extend this submittal deadline may be made in writing and shall include the reason why an extension is necessary. Extensions shall not exceed 30 days in duration and not more than two (2) extensions shall be granted. (continued)