Oregon Administrative Code

350-050-0020 Authority (1) Consideration of amendments to the Management Plan is a discretionary action authorized by section 6(h) of the Act. The Act does not entitle any person or entity to have the Commission review an application to amend the Management Plan, and does not con…

350-050-0030 Criteria for Plan Amendment Approval The Commission must find the following criteria are satisfied before it approves an amendment to the Management Plan: (1) Conditions in the Scenic Area have significantly changed. This means: (a) Physical changes that have widespr…

350-050-0035 Matters Not Constituting a Plan Amendment (1) The Executive Director and Area Manager may jointly correct any typographical, grammatical, cross-reference, mapping discrepancies (such as land use designation boundaries that differ from property lines when the intent t…

350-050-0040 Origin of Applications (1) Any person may request that the Commission initiate a legislative amendment to the Management Plan. (2) Any person may apply for a quasi-judicial amendment to the Management Plan. All owners of parcels to which the proposal applies shall gi…

350-050-0045 Pre-Application Conference Required for Quasi-Judicial Plan Amendment (1) Prior to submitting any application for a quasi-judicial plan amendment to the Management Plan, an applicant shall attend a pre-application conference with the Executive Director. (2) The appli…

350-050-0050 Application for Quasi-Judicial Plan Amendments (1) Applications for quasi-judicial plan amendments shall contain the following: (a) The land use designation, landscape setting, or recreation intensity class the applicant proposes for the subject parcels; (b) A statem…

350-050-0060 Processing of Applications and Requests (1) Applications for quasi-judicial amendments shall be reviewed upon receipt and in the order in which they are received, except that the Commission may, as part of its work planning, set a limit on the number of quasi-judicia…

350-050-0070 Acceptance of Quasi-Judicial Plan Amendment Application (1) The Executive Director shall review the application for completeness and notify the applicant in writing of any deficiencies, and any additional information that is required as provided in 350-50-050(1)(f). …

350-050-0080 Notice of Application for Quasi-Judicial Plan Amendment or Proposal for Legislative Amendment (1) The Executive Director shall send public notice of a quasi-judicial plan amendment or a proposal for a legislative amendment to the U.S. Forest Service — National Scenic…

350-050-0085 Public Comment (1) Interested persons may submit written comments to the Executive Director within the time specified in the notice. Written comments should address whether the proposed amendment is consistent with the purposes and standards of the Scenic Area Act, t…

350-050-0090 Report of the Executive Director (1) The Executive Director shall prepare a staff report, which may include recommendations. The report will analyze the proposed amendment based on the criteria of the Scenic Area Act and Rule 350-50-030. (2) For legislative amendment…

350-050-0100 Hearing (1) The Commission shall conduct a hearing on the proposed plan amendment after the Executive Director issues the report and there has been a minimum of 30 days for public review of the report. (2) The Commission shall provide 20 days notice of the hearing to…

350-050-0120 Review by the Secretary of Agriculture In accord with Sections 6(f) and 6(h) of the Scenic Area Act, an amendment to the Management Plan adopted by the Commission shall be submitted to the Secretary of Agriculture. The Secretary of Agriculture will review the amendme…

350-060-0000 Purpose The purpose of this division is to define the process and standards used by the Columbia River Gorge Commission in hearing appeals from decisions relating to the implementation of the Columbia River Gorge National Scenic Area Act (“National Scenic Act” or “Ac…

350-060-0010 Authority The National Scenic Act authorizes appeals to the Gorge Commission by a person or entity adversely affected by a final action or order of a county. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 5…

350-060-0020 Scope Scope of Rules: All proceedings commenced by Notice of Appeal shall be governed by these rules. Where this division is silent, divisions 11, 12, 14, and 16 of the Commission’s rules shall be applicable provided that the specific provisions are applied in a mann…

350-060-0030 Application These rules are intended to promote the efficient review of land use decisions in accordance with the National Scenic Act while affording all interested persons reasonable notice and opportunity to intervene, reasonable time to prepare and submit their ca…

350-060-0040 Definitions In these rules, unless the context or subject matter requires otherwise: (1) “Applicant” means the person who requested that the governing body take an action which resulted in a land use decision. (2) “Commission” means the Columbia River Gorge Commissio…

350-060-0042 Delegation of Authority to the Chair of the Commission (1) Where these rules refer to the Chair of the Commission, the Commission has delegated authority to the Chair or presiding officer designated by the Chair to act on those matters for the Commission, including b…

350-060-0045 Time (1) Computation: In computing any period of time prescribed or allowed by these rules, the day of the act from which the designated time period begins to run shall not be included and the last day of the time period shall be included. (2) Whenever a party has th…

350-060-0047 Electronic Filing and Service (1) The Commission allows filing of all documents by electronic mail (email) to the Commission’s Office. All documents shall be emailed to crgc@gorgecommission.org, and shall have a subject heading that clearly identifies the email as fi…

350-060-0050 Notice of Appeal (1) Filing: Except as provided in 350-060-0240 below, an appellant shall file a Notice of Appeal at the Commission office on or before the 30th day after the date the decision sought to be appealed becomes final. Except as provided in 350-060-0240 be…

350-060-0055 Respondents’ Notice of Appearance Within 14 days after filing of a Notice of Appeal, a respondent shall file at the Commission office and serve a “Notice of Appearance” stating whether the respondent is willing to attempt to resolve the case through alternative dispu…

350-060-0060 Record (1) Contents of Record: The record on appeal from a governing body shall include the following: (a) The final decision including findings of fact and conclusions of law; (b) All testimony and all exhibits, maps, documents or other written materials included as…

350-060-0070 Objections to the Record (1) Before filing an objection to the record, a party shall attempt to resolve the matter with the governing body. (2) An objection to the record shall be filed at the Commission office and served within 10 days following service of the recor…

350-060-0075 Alternative Dispute Resolution and Settlement The Commission recognizes that: many of the matters that come before the Commission on appeal may be resolved through alternative dispute resolution (ADR), such as mediation; ADR may be a faster and less expensive process…

350-060-0080 Appellant’s Brief (1) Filing and Service of Brief: The Appellant’s Brief shall be filed at the Commission office and served no later than 30 days after the record is filed, or settled if a party files an objection to the record. Failure to file an Appellant’s Brief w…

350-060-0090 Special Review (1) Where the appellant contends the land use decision eliminates all economic or beneficial use of the property, the appellant must meet the requirements for the Appellant’s Brief in Rule 350-060-0080 and the requirements for Special Review as follows…

350-060-0100 Respondent’s Brief (1) Filing and Service of Brief: Respondents shall file at the Commission office and serve a Respondent’s brief no later than 20 days after the date the Appellant’s Brief is filed. (2) Specifications of Brief: The Respondent’s brief shall conform t…

350-060-0110 Reply Brief A reply brief may not be filed. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94

350-060-0120 Oral Argument (1) The hearing before the Commission shall be on the record submitted by the county, as long as the county has based its decision upon a record made at an adjudicative hearing open to participation by persons adversely affected or aggrieved. Only parti…

350-060-0130 Motions, Generally and Procedural Orders (1) Any party may submit a motion for action by the Chair of the Commission. For matters not otherwise specified by this division, the Chair of the Commission and all parties shall observe the following procedures for submitta…

350-060-0150 Evidentiary Hearings (1) Grounds for Hearing: The Commission may, upon written motion, conduct an evidentiary hearing in the case of disputed allegations in the parties’ briefs concerning standing, ex parte contacts or other procedural irregularities not shown in the…

350-060-0160 Intervention (1) Standing to Intervene: Any person who appeared before the county may intervene in a review proceeding before the Commission. An intervenor shall be entitled to receipt of all matters requiring service upon the parties beginning on the date the motion…

350-060-0170 Amicus Participation (1) A person or organization may appear as amicus only by permission of the Commission on written motion. The motion shall set forth the specific interest of the movant and state reasons why a review of relevant issues would be significantly aide…

350-060-0180 Consolidation The Chair of the Commission, at the request of any party or on its own motion, may consolidate two or more proceedings, provided the proceedings seek review of the same or closely related land use decision(s). Statutory/Other Authority: ORS 196.150 Stat…

350-060-0190 Extensions of Time (1) In no event shall the time limit for the filing of the Notice of Appeal be extended. (2) All other time limits may be extended upon written consent of all parties, the Commission’s motion or motion of a party. (3) A motion for extension of time…

350-060-0200 Stays (1) A motion for a stay of a land use decision shall include: (a) A statement setting forth movant’s right to standing to appeal the decision; (b) A statement explaining why the challenged decision is subject to the Commission’s jurisdiction; (c) A statement of…

350-060-0205 Dismissal by the Commission (1) Voluntary dismissal: The Chair of the Commission shall dismiss an appeal upon motion by the Appellant filed or expressed orally to the Commission prior to an oral decision. The dismissal shall be considered with prejudice and shall be …

350-060-0210 Final Order of Commission (1) An Order of the Commission shall: (a) Contain the caption of the appeal and state “Final Opinion and Order”; (b) Acknowledge the record and other documents that were present before the Commission, and findings of fact and conclusions of …

350-060-0220 Reversal or Remand of Land Use Decisions (1) The Commission shall reverse or remand a land use decision for further proceedings when: (a) The governing body exceeded its jurisdiction; (b) The decision is unconstitutional; (c) The decision violates a provision of appl…

350-060-0230 Reconsideration Reconsideration is only permitted as follows: (1) Within ten days of the service of a final order, any party may file a petition for reconsideration, stating the specific grounds upon which relief is requested and serving it on the Gorge Commission an…

350-060-0240 Special Rules for Filing of Appeal After Expiration of Appeal Period (1) This section is intended to prevent manifest injustice that would result by a local government’s failure to comply with all procedural requirements such that an interested person was unable to m…

350-070-0000 Purpose The purpose of this division is to define the process and standards used by the Columbia River Gorge Commission in hearing appeals from decisions relating to the implementation of the Columbia River Gorge National Scenic Area Act ("National Scenic Act" or "Ac…

350-070-0010 Authority The National Scenic Act authorizes appeals to the Gorge Commission by a person or entity adversely affected by a final action or order, and this includes decisions by the Executive Director under a land use ordinance for a county adopted by the Gorge Commis…

350-070-0020 Scope Scope of Rules: All proceedings commenced by Notice of Appeal shall be governed by these rules. Where this division is silent, divisions 11, 12, 14 and 16 of the Commission’s rules shall be applicable provided that the specific provisions are applied in a manne…

350-070-0030 Application These rules are intended to promote the efficient review of land use decisions in accordance with the National Scenic Act while affording all interested persons reasonable notice and opportunity to intervene, reasonable time to prepare and submit their ca…

350-070-0040 Definitions In these rules, unless the context or subject matter requires otherwise: (1) “Applicant” means the person who requested that the Executive Director of the Gorge Commission take an action which resulted in a land use decision. (2) “Commission” means the Co…

350-070-0042 Delegation of Authority to the Chair of the Commission (1) Where these rules refer to the Chair of the Commission, the Commission has delegated authority to the Chair or presiding officer designated by the Chair to act on those matters for the Commission, including b…

350-070-0045 Time (1) Computation: In computing any period of time prescribed or allowed by these rules, the day of the act from which the designated time period begins to run shall not be included and the last day of the time period shall be included. (2) Whenever a person has t…