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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
350-081-0335
Uses Allowed Outright -- Open Space
The uses listed in "Uses Allowed Outright, GMA and SMA Open Space" (350-081-0074(2)) are allowed without review on lands designated Open Space.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0338
Uses Allowed through the Expedited Development Review Process -- Open Space
The uses listed in "Expedited Development Review Process" (350-081-0050) may be allowed with review through the expedited development review process on lands designated Open Space.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0340
Review Uses -- Open Space
(1) The following uses may be allowed on all lands designated GMA-Open Space subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 through 350-081-0620):
(a) Low-intensity recreation, subject to the guidelines for recreation intensity classes (350-081-0610).
(b) Land divisions to facilitate efforts to protect and enhance scenic, cultural, natural, or recreation resources.
(c) Repair, maintenance, operation, and improvement of existing structures, trails, roads, railroads, utility facilities, and hydroelectric facilities.
(d) Removal of timber, rocks or other materials for purposes of public safety and placement of structures for public safety.
(e) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in "Resource Enhancement Projects" (350-081-0104). These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).
(f) Removal/demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.
(g) Lot line adjustments, subject to compliance with the guidelines in "Lot Line Adjustments" (350-081-0126).
(2) Review Uses -- Specific Lands Designated Open Space:
(a) The following uses may be allowed on lands designated GMA-Open Space for Gorge Walls and Canyonlands subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 through 350-081-0620):
(A) Livestock grazing.
(B) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.
(C) Soil, water, or vegetation uses performed in accordance with a conservation plan approved by a county conservation district.
(D) Harvesting of wild crops.
(E) Educational or scientific research.
(F) Continued operation of existing quarries, if they are determined to be consistent with guidelines to protect scenic, cultural, natural, and recreation resources.
(G) All those uses allowed in "All Lands Designated Open Space," (350-081-0340(1)).
(b) The following uses may be allowed on lands designated GMA-Open Space for the Mosley Lakes Natural Area subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 through 350-081-0620):
(A) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies, after consultation with the Washington Natural Heritage Program.
(B) Educational or scientific research, after consultation with the Washington Natural Heritage Program.
(C) Commercial trapping.
(D) All those uses allowed in "All Lands Designated Open Space" (350-081-0340(1)).
(c) The following uses may be allowed on lands designated GMA-Open Space for the Chenoweth Table Natural Area subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 through 350-081-0620):
(A) Low-intensity recreation, subject to the guidelines for recreation intensity classes (350-081-0610), after consultation with the Oregon Natural Heritage Program.
(B) Wildlife management uses conducted by federal, state, or tribal resource agencies, after consultation with the Oregon Natural Heritage Program.
(C) Educational or scientific research, after consultation with the Oregon Natural Heritage Program.
(D) All those uses allowed in "All Lands Designated Open Space" (350-081-0340(1)).
(d) The following uses may be allowed on lands designated GMA-Open Space for the Squally Point Natural Area subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 through 350-081-0620):
(A) Except in the upland dunes south of the railroad tracks, low-intensity recreation, subject to the guidelines for recreation intensity classes (350-081-0610) after consultation with the Oregon Natural Heritage Program.
(B) Repair and maintenance of railroads, except measures to stabilize dunes, after consultation with the Oregon Natural Heritage Program.
(C) Except as limited by (d)(A), above, all those uses allowed in "All Lands Designated Open Space," (350-081-0340(1)).
(e) The following uses may be allowed on lands designated GMA-Open Space for the Klickitat River Wildlife and Natural Area subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 through 350-081-0620):
(A) Low-intensity recreation, subject to the guidelines for recreation intensity classes (350-081-0610), after consultation with the Washington Natural Heritage Program and Washington Department of Fish and Wildlife.
(B) Wildlife management uses conducted by federal, state, or tribal resource agencies, after consultation with the Washington Natural Heritage Program.
(C) Educational or scientific research, after consultation with the Washington Natural Heritage Program.
(D) All those uses allowed in "All Lands Designated Open Space" (350-081-0340(1)).
(f) The following uses may be allowed on lands designated GMA-Open Space for the Balch Lake Wetlands Area subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 through 350-081-0620):
(A) Livestock grazing, subject to a range conservation plan, after consultation with the Washington Department of Fish and Wildlife.
(B) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.
(C) Educational and scientific research, after consultation with the Washington Department of Fish and Wildlife.
(D) Low-intensity recreation, subject to the guidelines for recreation intensity classes (350-081-0610) after consultation with the Washington Department of Fish and Wildlife.
(E) All those uses allowed in "All Lands Designated Open Space" (350-081-0340(1)).
(g) The following uses may be allowed on lands designated GMA-Open Space for the Mouth of Wind River Wildlife Area subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 through 350-081-0620):
(A) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.
(B) Soil, water, or vegetation uses performed in accordance with a conservation plan approved by a local conservation district.
(C) Harvesting of wild crops.
(D) Educational or scientific research, after consultation with the Washington Department of Fish and Wildlife.
(E) Commercial fishing and trapping.
(F) Low-intensity recreation, subject to the guidelines for recreation intensity classes (Part I, Chapter 4: Recreation Resources), after consultation with the Washington Department of Fish and Wildlife.
(G) All those uses allowed in "All Lands Designated Open Space" (350-081-0340(1)).
(h) The following uses may be allowed on lands designated GMA-Open Space on those portions of state park ownerships not suitable for major recreation facilities subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 through 350-081-0620):
(A) Fish and wildlife management uses conducted by federal, state, or tribal resource agencies.
(B) Soil, water, or vegetation uses performed in accordance with a conservation plan approved by a local conservation district.
(C) Harvesting of wild crops.
(D) Educational or scientific research.
(E) All those uses allowed in "All Lands Designated Open Space" (350-081-0340(1)).
(3) The following new uses may be allowed on lands designated SMA-Open Space subject to review for compliance with scenic, cultural, natural, and recreational resources guidelines (350-081-0520 through 350-081-0620):
(a) Changes in existing uses, including reconstruction, replacement, and expansion of existing structures and transportation facilities, except for commercial forest practices.
(b) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in "Resource Enhancement Projects" (350-081-0104). These projects may include vegetation management and forest practices (subject to the forest practice guidelines of 350-081-0270(2)(y) for the restoration of forest health, new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).
(c) Low-intensity recreation uses and developments, including educational and interpretive facilities, consistent with 350-081-0620.
(d) Utility facilities for public service, upon a showing that:
(A) There is no alternative location with less adverse effect on Open Space land.
(B) The size is the minimum necessary to provide the service.
(e) Demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks
(f) Treatment of noxious weeds shall be permitted without completion of an SMA Open Space plan when the following criteria have been met:
(A) Noxious weed infestation is new and eradication is still viable.
(B) Delayed or deferred treatment could have widespread or major adverse impacts to one or more of the following resources:
(i) Displacement of native and traditionally gathered plants;
(ii) Degradation of wildlife habitat and forage;
(iii) Degradation or loss of agricultural uses of land, such as cropland or livestock forage;
(iv) Limitation of recreational uses.
(C) For federal lands, treatment effects have been thoroughly evaluated in an environmental assessment.
(4) An Open Space plan shall be completed by the primary managing agency or landowner prior to any new land uses or development on lands designated SMA-Open Space, and shall be reviewed by the Forest Service. The Open Space plan shall include the following:
(a) Direction for resource protection, enhancement, and management.
(b) Review of existing uses to determine compatibility with Open Space values.
(c) Consultation with members of the public and with agency and resource specialists.
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
350-081-0350
Residential Land Designations
Commission Rule 350-081-0350 through 350-081-0390 shall apply to those areas designated Residential on the Scenic Area Land Use Designation Map.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0360
Uses Allowed Outright -- Residential Land
The uses listed in "Uses Allowed Outright, All Land Use Designations, Except Open Space and Agriculture -- Special" (350-081-0074(1)) are allowed without review on lands designated Residential.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0365
Uses Allowed through the Expedited Development Review Process -- Residential Land
The uses listed in "Expedited Development Review Process" (350-081-0050) are allowed with review through the expedited development review process on lands designated Residential.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0370
Review Uses -- Residential Land
(1) The following uses may be allowed on lands designated GMA-Residential, subject to compliance with the guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 through 350-081-0620):
(a) One single-family dwelling per legally created parcel. If the subject parcel is located adjacent to lands designated Large-Scale or Small-Scale Agriculture, Commercial Forest Land, or Large or Small Woodland, the use shall comply with the buffer and notification requirements for agricultural land, or forest land. If the subject parcel is located within a Residential designation that is adjacent to lands designated Commercial Forest Land or Large or Small Woodland, the placement of a dwelling shall also comply with the fire protection guidelines in "Approval Criteria for Fire Protection" (350-081-0300).
(b) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in (1)(c) below.
(c) Accessory building(s) larger than 200 square feet in area or taller than 10 feet in height for a dwelling on any legal parcel are subject to the following additional standards:
(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.
(B) The height of any individual accessory building shall not exceed 24 feet.
(d) The temporary use of a mobile home in the case of a family hardship, subject to guidelines for hardship dwellings in "Temporary Use -- Hardship Dwelling" (350-081-0092).
(e) Construction or reconstruction of roads.
(f) On parcels 10 acres or larger in the 5-acre Residential designation, or 20 acres or larger in the 10-acre Residential designation, a land division creating new parcels smaller than the designated minimum parcel size, subject to the guidelines for cluster development in "Land Divisions and Cluster Development" (350-081-0124).
(g) New cultivation, subject to compliance with guidelines for the protection of cultural resources (350-081-0540) and natural resources (350-081-0560 through 0590).
(h) Land divisions, subject to the minimum lot sizes designated on the Land Use Designation Map.
(i) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to the guidelines in "Lot Line Adjustments" (350-081-0126).
(j) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in "Resource Enhancement Projects" (350-081-0104). These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).
(k) Agricultural structures, except buildings, in conjunction with agricultural use.
(l) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to the standards in "Agricultural Buildings" (350-081-0090).
(m) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.
(n) Docks and boathouses, subject to the guidelines in "Docks and Boathouses" (350-081-0096).
(o) Removal/demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.
(p) Commercial events, subject to the guidelines in "Commercial Events" (350-081-0108).
(q) Special uses in historic buildings, subject to the guidelines in "Special Uses in Historic Buildings" (350-081-0114).
(2) The following uses may be allowed on lands designated SMA-Residential subject to review for compliance with scenic, cultural, natural, and recreation resources guidelines (350-081-0520 through 350-081-0620):
(a) One single-family dwelling per legally created lot or consolidated parcel. The placement of a dwelling shall comply with fire protection standards developed by the county, in accordance with Management Plan SMA Policy 13 in Part II, Chapter 2: Forest Land.
(b) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in (2)(c) below.
(c) Accessory building(s) larger than 200 square feet in area or taller than 10 feet in height for a dwelling on any legal parcel are subject to the following additional standards:
(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.
(B) The height of any individual accessory building shall not exceed 24 feet.
(d) New utility facilities.
(e) Fire stations.
(f) Home occupations and cottage industries subject to the guidelines in "Home Occupations and Cottage Industries" (350-081-0098).
(g) Bed and breakfast inns, subject to the guidelines in "Bed and Breakfast Inns" (350-081-0100).
(h) Community parks and playgrounds.
(i) Road and railroad construction and reconstruction.
(j) Forest practices, as specified in 350-081-0270(2).
(k) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in "Resource Enhancement Projects" (350-081-0104). These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).
(l) On a parcel of 40 acres or greater with an existing dwelling, the temporary use of a mobile home in the case of a family hardship, subject to the guidelines for hardship dwellings in "Temporary Use -- Hardship Dwelling" (350-081-0092).
(m) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.
(n) Demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.
(o) Docks and boathouses, subject to the guidelines in "Docks and Boathouses" (350-081-0096).
(p) New cultivation or new agricultural use outside of previously disturbed and regularly worked fields or areas. Clearing trees for new agricultural use is subject to the additional requirements of 350-081-0270(2)(x).
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; CRGC 2-2006, f. 6-22-06, cert. ef. 8-1-06
350-081-0380
Review Uses with Additional Approval Criteria -- Residential Land
The following uses may be allowed on lands designated GMA-Residential, subject to compliance with the appropriate scenic, cultural, natural, and recreation resource guidelines (350-081-0520 through 350-081-0620) and "Approval Criteria for Specified Review Uses," (350-081-0390).
(1) Accredited childcare centers within lands designated 1-acre Residential or 2-acre Residential. A childcare center may be allowed in other Residential designations within an existing church or community building.
(2) Schools within an existing church or community building.
(3) Expansion of existing primary or middle schools on land purchased prior to June 8, 1999. For purposes of this section, existing schools means public schools that existed prior to adoption of the original Management Plan on October 15, 1991.
(4) Utility facilities and railroads.
(5) Home occupations or cottage industries in an existing residence or accessory structure, subject to the guidelines in "Home Occupations and Cottage Industries" (350-081-0098).
(6) Fire stations.
(7) Recreation development, subject to compliance with 350-081-0610.
(8) Community parks and playgrounds, consistent with the standards of the National Park and Recreation Society regarding the need for such facilities.
(9) Bed and breakfast inns in single family dwellings lo-cated on lands designated 5-acre Residential or 10-acre Residential, pursuant to the guidelines in "Bed and Breakfast Inns" (350-081-0100).
(10) Wineries, in conjunction with onsite viticulture, upon a showing that processing of wine is from grapes grown on the subject farm or in the local region.
(11) Wine sales/tasting rooms in conjunction with an on-site winery, under the following conditions.
(12) The use shall comply with the guidelines in "Home Occupations and Cottage Industries" (350-081-0098), with the following exceptions:
(a) The use may employ an unlimited number of outside employees.
(b) The wine sales/tasting room may include interior and/or exterior space, provided the combined interior and exterior spaces shall not exceed 1,000 square feet.
(c) The interior space may be located in an existing building or in a new building or addition to an existing building constructed for the primary purpose of housing the wine sales/tasting room.
(d) The exterior space may be a veranda, patio, or other similar type of structure.
(13) Small-scale fishing support and fish processing operations on parcels that are contiguous with and have direct access to the Columbia River, subject to the guidelines in "Small-Scale Fishing Support and Fish Processing Operations" (350-081-0102).
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
350-081-0390
Approval Criteria for Specified Review Uses on Lands Designated Residential
The uses identified in 350-081-0380, may be allowed only if they meet all of the following:
(a) The proposed use will be compatible with the surrounding area. Review of compatibility shall include impacts associated with the visual character of the area; traffic generation; and noise, dust, and odors.
(b) The proposed use will not require public services other than those existing or approved for the area.
(c) If the subject parcel is located within 500 feet of lands designated Large-Scale or Small-Scale Agriculture, Commercial Forest Land, or Large or Small Woodland, new buildings associated with the proposed use comply with the buffer guidelines in "Agricultural Buffer Guidelines" (350-081-0076).
(d) If the subject parcel is located within 500 feet of lands designated Commercial Forest Land or Large or Small Woodland, new buildings associated with the proposed use comply with the fire protection guidelines in "Approval Criteria for Fire Protection" (350-081-0300).
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0400
Rural Center
Commission Rule 350-081-0400 through 350-081-0420 shall apply to those areas designated Rural Center on the Scenic Area Land Use Designation Map.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0410
Uses Allowed Outright -- Rural Center
The uses listed in "Uses Allowed Outright, All Land Use Designations, Except Open Space and Agriculture-Special" (350-081-0074(1)) are allowed without review on lands designated Rural Center and Commercial.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0415
Uses Allowed through the Expedited Development Review Process -- Rural Center
The uses listed in "Expedited Development Review Process" (350-081-0050) are allowed with review through the expedited development review process on lands designated Rural Center and Commercial.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0420
Review Uses -- Rural Center
The following uses may be allowed within Rural Centers, subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources:
(1) One single-family dwelling per legally created parcel.
(2) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in 350-081-0240(1)(c).
(3) Accessory building(s) larger than 200 square feet in area or taller than 10 feet in height for a dwelling on any legal parcel are subject to the following additional standards:
(a) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.
(b) The height of any individual accessory building shall not exceed 24 feet.
(4) The temporary use of a mobile home in the case of a family hardship, pursuant to guidelines for hardship dwellings in "Temporary Use -- Hardship Dwelling" (350-081-0092):
(a) Duplexes.
(b) Fire stations.
(c) Libraries.
(d) Government buildings.
(e) Community centers and meeting halls.
(f) Schools.
(g) Accredited childcare centers.
(h) Rural service commercial and tourist commercial uses limited to 5,000 square feet of floor area per building or use:
(A) Grocery stores.
(B) Variety and hardware stores.
(C) Shops, offices, and repair shops.
(D) Personal services such as barber and beauty shops.
(E) Travelers' accommodations, bed and breakfast inns.
(F) Restaurants.
(G) Taverns and bars.
(H) Gas stations.
(I) Gift shops.
(5) Home occupations or cottage industries in an existing residence or accessory structure, subject to guidelines in "Home Occupations and Cottage Industries" (350-081-0098):
(a) Utility facilities and railroads.
(b) Recreation development, subject to compliance with 350-081-0610.
(c) Places of worship.
(6) New cultivation, subject to compliance with guidelines for the protection of cultural resources (350-081-0540) and natural resources (350-081-0560 through 350-081-0590).
(7) Land divisions, subject to the standards and minimum lot sizes in Policies 6 and 7 in the "Land Use Policies" in Part II, Chapter 5: Commercial Land of the Management Plan.
(8) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to the guidelines in "Lot Line Adjustments" (350-081-0126).
(9) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in "Resource Enhancement Projects" (350-081-0104). These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).
(10) Agricultural structures, except buildings, in conjunction with agricultural use.
(11) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to the standards in "Agricultural Buildings" (350-081-0090).
(12) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.
(13) Removal/demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.
(14) Commercial events, subject to the guidelines in "Commercial Events" (350-081-0108).
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
350-081-0430
Commercial Land
Commission Rule 350-081-0430 through 350-081-0460 shall apply to those areas designated Commercial on the Scenic Area Land Use Designation Map.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0440
Uses Allowed Outright -- Commercial Designations
The uses listed in "Uses Allowed Outright, All Land Use Designations, Except Open Space and Agriculture-Special" (350-081-0074(1)) are allowed without review on lands designated Commercial.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0445
Uses Allowed through the Expedited Development Review Process -- Commercial Designations
The uses listed in "Expedited Development Review Process" (350-081-0050) are allowed with review through the expedited development review process on lands designated Commercial.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0450
Review Uses -- Commercial Designations
The following uses may be allowed on lands designated Commercial, subject to compliance with the appropriate scenic, cultural, natural, and recreation resource guidelines (350-081-0520 through 350-081-0620) and "Approval Criteria for Specified Review Uses," (350-081-0460):
(1) Travelers' accommodations, bed and breakfast inns.
(2) Restaurants.
(3) Gift shops.
(4) Home occupations or cottage industries in an existing residence or accessory structure, subject to guidelines in "Home Occupations and Cottage Industries" (350-081-0098).
(5) One single-family dwelling per legally created parcel.
(6) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed as accessory buildings larger than 200 square feet in area or 10 feet in height.
(7) Accessory building(s) larger than 200 square feet in area or taller than 10 feet in height for a dwelling on any legal parcel, subject to the following standards:
(a) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.
(b) The height of any individual accessory building shall not exceed 24 feet.
(8) Utility facilities and railroads.
(9) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in "Resource Enhancement Projects" (350-081-0104). These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).
(10) Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to the guidelines in "Lot Line Adjustments" (350-081-0126).
(11) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.
(12) Docks and boathouses, subject to the guidelines in "Docks and Boathouses" (350-081-0096).
(13) Removal/demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.
(14) Commercial events, subject to the guidelines in "Commercial Events" (350-081-0108).
(15) Special uses in historic buildings, subject to the guidelines in "Special Uses in Historic Buildings" (350-081-0114).
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; CRGC 2-2006, f. 6-22-06, cert. ef. 8-1-06
350-081-0460
Approval Criteria for Review Uses on Lands Designated on Lands Designated Commercial
The uses identified under "Review Uses: Commercial Designations" may be allowed only if they meet the following two criteria:
(1) The proposal is limited to 5,000 square feet of floor area per building or use.
(2) The proposed use would be compatible with the surrounding area. Review for compatibility shall include impacts associated with the visual character of the area; traffic generation; and noise, dust and odors
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0470
Recreation
Commission Rule 350-081-0470 through 350-081-0510 shall apply to those areas designated Public Recreation and Commercial Recreation on the Scenic Area Land Use Designation Map.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0480
Uses Allowed Outright -- Public Recreation and Commercial Recreation
The uses listed in "Uses Allowed Outright, All Land Use Designations, Except Open Space and Agriculture-Special" (350-081-0074(1)) are allowed without review on lands designated Public Recreation and Commercial Recreation.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0485
Uses Allowed through the Expedited Development Review Process -- Public Recreation and Commercial Recreation
The uses listed in "Expedited Development Review Process" (350-081-0050) are allowed with review through the expedited development review process on lands designated Public Recreation and Commercial Recreation.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0490
Review Uses -- Public Recreation and Commercial Recreation
(1) The following uses may be allowed on lands designated GMA-Public Recreation, subject to compliance with guidelines for the protection of scenic, natural, cultural, and recreation resources (350-081-0520 through 350-081-0620) and compliance with 350-081-0610(5)(a) and (c) through (g), where applicable, of the "Approval Criteria for Recreation Uses" contained in the recreation intensity class guidelines (350-081-0610):
(a) Publicly-owned, resource-based recreation uses, consistent with recreation intensity class guidelines (350-081-0610).
(b) Commercial uses and non-resource based recreation uses that are part of an existing or approved resource-based public recreation use, consistent with the guidelines for such uses contained in this section.
(c) New cultivation, subject to compliance with guidelines for the protection of cultural resources (350-081-0540) and natural resources (350-081-0560 through 350-081-0590).
(d) Special uses in historic buildings, subject to the guidelines in "Special Uses in Historic Buildings" (350-081-0114).
(2) The following uses may be allowed on lands designated GMA Public Recreation, subject to compliance with the "Approval Criteria for Non-Recreation Uses in Public Recreation designations," (350-081-0500), and (350-081-0520 through 350-081-0620):
(a) One single-family dwelling for each parcel legally created prior to adoption of the Management Plan. Exceptions may be considered only upon demonstration that more than one residence is necessary for management of a public park.
(b) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in Guideline 350-081-0490(2)(c).
(c) Accessory building(s) larger than 200 square feet in area or taller than 10 feet in height for a dwelling on any legal parcel are subject to the following additional standards:
(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.
(B) The height of any individual accessory building shall not exceed 24 feet.
(d) Agricultural structures, except buildings, in conjunction with agricultural use.
(e) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to the standards in "Agricultural Buildings" (350-081-0090).
(f) Utility transmission, transportation, communication, and public works facilities.
(g) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in "Resource Enhancement Projects" (350-081-0104). These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).
(h) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.
(i) Docks and boathouses, subject to the guidelines in "Docks and Boathouses" (350-081-0096).
(j) Removal/demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.
(k) Commercial events, subject to the guidelines in "Commercial Events" (350-081-0108).
(3) The following uses may be allowed on lands designated Commercial Recreation, subject to compliance with guidelines for the protection of scenic, natural, cultural and recreation resources (350-081-0520 through 350-081-0620) and compliance with 350-081-0610(5)(a) and (c) through (g) of the "Approval Criteria for Recreation Uses" guidelines (350-081-0610):
(a) Commercially owned, resource-based recreation uses, consistent with recreation intensity class guidelines (350-081-0610).
(b) Overnight accommodations that are part of a commercially owned, resource-based recreation use, where such resource-based recreation use occurs on the subject site or on adjacent lands that are accessed through the site, and that meet the following standards:
(A) Buildings containing individual units shall be no larger than 1,500 square feet in total floor area and no higher than 2-1/2 stories.
(B) Buildings containing more than one unit shall be no larger than 5,000 square feet in total floor area and no higher than 2-1/2 stories.
(C) The total number of individual units shall not exceed 25, unless the proposed development complies with standards for clustered accommodations in subsection (4) of this guideline.
(D) Clustered overnight travelers accommodations meeting the following standards may include up to 35 individual units:
(i) Average total floor area of all units is 1,000 square feet or less per unit.
(ii) A minimum of 50 percent of the project site is dedicated to undeveloped, open areas (not including roads or parking areas).
(iii) The facility is in an area classified for high-intensity recreation (Recreation Intensity Class 4).
(c) Commercial uses, including restaurants sized to accommodate overnight visitors and their guests, and non--resource based recreation uses that are part of an existing or approved resource-based commercial recreation use, consistent with the policies, guidelines, and conditional use criteria for such uses contained in this section.
(d) New cultivation, subject to compliance with guidelines for the protection of cultural resources (350-081-0540) and natural resources (350-081-0560 through 350-081-0590).
(e) Special uses in historic buildings, subject to the guidelines in "Special Uses in Historic Buildings" (350-081-0114).
(4) The following uses may be allowed on lands designated Commercial Recreation, subject to compliance with the "Approval Criteria for Non-Recreational Uses in Commercial Recreation," (350-81-510), and the guidelines for the protection of scenic, natural, cultural, and recreation resources (350-081-0520 through 350-081-0620):
(a) One single-family dwelling for each lot or parcel legally created prior to adoption of the Management Plan.
(b) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in Guideline 2.C below.
(c) Accessory building(s) larger than 200 square feet in area or taller than 10 feet in height for a dwelling on any legal parcel are subject to the following additional standards:
(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.
(B) The height of any individual accessory building shall not exceed 24 feet.
(d) Agricultural structures, except buildings, in conjunction with agricultural use.
(e) Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to the standards in "Agricultural Buildings" (350-081-0090).
(f) Utility transmission, transportation, and communication facilities.
(g) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in "Resource Enhancement Projects" (350-081-0104). These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).
(h) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.
(i) Docks and boathouses, subject to the guidelines in "Docks and Boathouses" (Part II, Chapter 7: General Policies and Guidelines).
(j) Removal/demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.
(k) Commercial events, subject to the guidelines in "Commercial Events" (350-81-108).
(5) Land divisions may be allowed in GMA-Public Recreation, subject to compliance with 350-081-0500(1)(c), and in GMA Commercial Recreation, subject to compliance with 350-081-0510(1)(c).
(6) Lot line adjustments may be allowed in GMA Public Recreation and GMA Commercial Recreation, subject to compliance with the guidelines in "Lot Line Adjustments" (350-081-0126).
(7) The following uses may be allowed on lands designated SMA-Public Recreation subject to review for compliance with scenic, cultural, natural, and recreational resources guidelines:
(a) Forest uses and practices, as allowed for in 350-081-0270(2).
(b) Public trails, consistent with the provisions in 350-081-0620.
(c) Public recreational facilities, consistent with the provisions in 350-081-0620.
(d) Public nonprofit group camps, retreats, conference or educational centers, and interpretive facilities.
(e) One single-family dwelling on a parcel of 40 contiguous acres or larger when it meets the conditions described for Agricultural Land (350-081-0190) or Forest Land (350-081-0270(2)), or when shown to be necessary for public recreation site management purposes.
(f) Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in (1)(g) below.
(g) Accessory building(s) larger than 200 square feet in area or taller than 10 feet in height for a dwelling on any legal parcel are subject to the following additional standards:
(A) The combined footprints of all accessory buildings on a single parcel shall not exceed 1,500 square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.
(B) The height of any individual accessory building shall not exceed 24 feet.
(h) Home occupation and cottage industries, as specified in "Home Occupations and Cottage Industries" (350-081-0098).
(i) Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in "Resource Enhancement Projects" (350-081-0104). These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).
(j) Road and railroad construction and reconstruction.
(k) Utility facilities for public service upon a showing that:
(A) There is no alternative location with less adverse effect on Public Recreation land.
(B) The size is the minimum necessary to provide the service.
(l) Agricultural review uses, as allowed for in 350-081-0190(2).
(m) On a parcel of 40 acres or greater with an existing dwelling, the temporary use of a mobile home in the case of a family hardship, subject to the guidelines for hardship dwellings in "Temporary Use - Hardship Dwelling" (350-081-0092).
(n) Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.
(o) Demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.
(p) Docks and boathouses, subject to the guidelines in "Docks and Boathouses" (350-081-0096).
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; CRGC 2-2006, f. 6-22-06, cert. ef. 8-1-06
350-081-0500
Approval Criteria for Non-Recreation Uses in GMA-Public Recreation Designations
The uses identified in 350-081-0490(2) and (5), may be allowed if they meet the following criteria:
(1) The proposed use will not interfere with existing or approved public recreation uses on the subject property or adjacent lands. Mitigative measures used to comply with this criterion may include provision of onsite buffers, seasonal or temporary closures during peak recreation use periods, etc.
(2) The proposed use will not permanently commit the majority of the site to a non-recreational use. Careful siting and design of structures and other improvements may be used to comply with this criterion.
(3) Land divisions may be allowed upon a demonstration that the proposed land division is necessary to facilitate, enhance, or otherwise improve recreational uses on the site.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
350-081-0510
Approval Criteria for Non-Recreation Uses in GMA-Commercial Recreation Designations
The uses identified in 350-081-0490(4) and (5), may be allowed if they meet the following criteria:
(1) The proposed use will not interfere with existing or approved commercial recreation uses on the subject property or adjacent lands. Mitigative measures used to comply with this criterion may include provision of on-site buffers, seasonal or temporary closures during peak recreation use periods, etc.
(2) The proposed use will not permanently commit the majority of the site to a non-recreational use. Careful siting and design of structure and other improvements may be used to comply with this criterion.
(3) Land divisions may be allowed upon a demonstration that the proposed land division is necessary to facilitate, enhance, or otherwise improve recreational uses on the site.
Stat. Auth.: ORS 196.150, RCW 43.97.015, 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05, cert. ef. 7-1-05
Resource Protection Guidelines
350-081-0520
General Management Area Scenic Review Criteria
The following scenic review guidelines shall apply to all Review Uses in the General Management Area of the Columbia River Gorge National Scenic Area:
(1) All review uses:
(a) New buildings and roads shall be sited and designed to retain the existing topography and to minimize grading activities to the maximum extent practicable.
(b) New buildings shall be compatible with the general scale (height, dimensions and overall mass) of existing nearby development. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
(c) Project applicants shall be responsible for the proper maintenance and survival of any planted vegetation required by the guidelines in this chapter.
(d) A site plan and land use application shall be submitted for all new buildings, except for buildings smaller than 60 square feet in area and less than or equal to 10 feet in height, as measured at the roof peak. The site plan and application shall include all information required in the site plan guidelines in "Review Uses" 350-081-0032(5). Supplemental requirements for developments proposed on lands visible from key viewing areas are included in the key viewing areas guidelines in this chapter.
(e) For all proposed development, the determination of compatibility with the landscape setting shall be based on information submitted in the site plan.
(f) For all new production and/or development ofmineral resources and expansion of existing quarries, a reclamation plan is required to restore the site to a natural appearance that blends with and emulates surrounding landforms to the maximum extent practicable. At a minimum, such reclamation plans shall include: (continued)