Oregon Administrative Code

350-070-0046 Electronic Filing and Service (1) The Commission allows filing and service of all documents by electronic mail (email) to the Commission’s Office. All documents to be filed or served shall be emailed to crgc@gorgecommission.org, and shall have a subject heading that …

350-070-0047 Who May Appeal (1) The applicant, any person who submitted a timely written comment on a land use application, or any person entitled under 350-070-0240 may appeal the final decision of an application. (2) Notwithstanding subsection (1) above, any person may particip…

350-070-0050 Notice of Appeal (1) Filing: A person wishing to appeal a decision by the Director 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. A Notice filed thereafter shall not be…

350-070-0060 Special Review Process (1) In any development review decision by the Executive Director where the applicant contends the result eliminates all beneficial use of the property, the applicant must request special review as follows: (a) Make the request in writing. (b) S…

350-070-0070 Record (1) Contents of Record: The record shall include the following: (a) The final decision including findings of fact and conclusions of law; (b) All evidence, exhibits, maps, documents or other written materials included in the Executive Director's land use appli…

350-070-0080 Objections to the Record (1) Before filing an objection to the record, a person shall attempt to resolve the matter with the Executive Director. (2) An objection to the record shall be filed at the Commission office and served within 10 days following service of the …

350-070-0085 Alternative Dispute Resolution 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; that ADR may be a faster and less expensive process than appe…

350-070-0090 Appellant’s Brief (1) Filing and Service of Brief: The appellant shall file at the Commission office and serve an Appellant’s Brief within 30 days after the date the record is filed or settled if a party files an objection to the record. The Brief shall also be serve…

350-070-0110 Response and Reply Briefs Response and reply briefs shall not be filed. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC…

350-070-0120 Motions, Generally and Procedural Orders For the purpose of this section only, the term “party” shall refer to the appellant and any intervenor. (1) Any party may submit a motion for action by the Chair of the Commission. For matters not otherwise specified by this d…

350-070-0130 Notice of Hearing (1) The Commission shall send a notice of hearing in accordance with Commission Rule 350-016-0009, and shall also include in the Notice of Hearing the due date and procedure for submitting written comments on the appeal, and the procedure that will …

350-070-0140 Hearing (1) The hearing before the Commission shall be "de novo" but shall include the record submitted by the Executive Director. (2) Conduct of hearing: (a) The hearing shall be conducted in the following order: (A) The Executive Director shall briefly summarize th…

350-070-0150 Depositions On petition of any person, the Chair of the Commission may order testimony of any witness to be taken by deposition in the same manner prescribed for depositions in civil actions. Depositions may also be taken by the use of audio or audio visual recording…

350-070-0160 Subpoenas The Chair of the Commission shall issue subpoenas to any person upon written request and upon a showing that the witness or the documents to be subpoenaed will provide relevant evidence generally not available without subpoena. Subpoenas may also be issued …

350-070-0170 Intervention (1) Any person may intervene in an appeal proceeding before the Commission. Status as an intervenor shall be recognized upon filing a Notice of Intervention. (2) Notice of Intervention: In the interests of promoting timely resolution of appeals, a Notice…

350-070-0190 Consolidation The Commission, at the request of any person 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 Statutes/Other I…

350-070-0200 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 the appellant and participants, the Commission’s motion, or the motion of the appellant or a …

350-070-0210 Stays (1) Only an appellant or intervenor who would have standing to appeal a land use decision may file a motion for a stay. The movant may file a Notice of Intervention concurrently with the motion for a stay. A motion for a stay of a land use decision shall includ…

350-070-0220 Final Order of Commission (1) A Final 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 conclusion…

350-070-0225 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 …

350-070-0230 Reversal or Remand of Land Use Decisions The Chair of the Commission may grant a stipulated motion for a voluntary remand of a land use decision, or may order a remand upon motion by the Executive Director upon finding that all of the following criteria are met. (1) …

350-070-0240 Special Rules for Filing of Appeal After Expiration of Appeal Period (1) This section is intended to prevent manifest injustice that would result by the Executive Director’s failure to comply with all procedural requirements such that an interested person was unable …

350-082-0010 Purpose The purpose of Commission Rule 350-082 is to implement the Revised Management Plan for the Columbia River Gorge National Scenic Area adopted on October 13, 2020, and concurred on February 19, 2021, and as subsequently amended. Statutory/Other Authority: ORS 1…

350-082-0020 Affected Area (1) Commission Rule 350-082 applies to all lands within the Columbia River Gorge National Scenic Area as designated by the Columbia River Gorge National Scenic Area Act and described in Commission Rule 350-10, for which a county does not implement a lan…

350-082-0030 Maps The Land Use Designation, Landscape Settings, and Recreation Intensity Classes maps adopted by the Gorge Commission as part of the Management Plan for the Columbia River Gorge National Scenic Area are hereby incorporated by reference into this land use ordinance…

350-082-0040 Review and Approval Required No building, structure or land shall be used and no development shall occur, including, but not limited to erecting, altering, or enlarging any building or structure, or changing land boundaries through division, alteration or otherwise, …

350-082-0050 Dates are Calendar Days All dates contained in this land use ordinance are “calendar days.” When a deadline for accomplishing an act in this land use ordinance falls on a weekend or legal holiday, the deadline shall be the next business day, and all following deadlin…

350-082-0060 Uniform Application (1) This land use ordinance shall be applied consistent with and in the spirit of the National Scenic Area Act. (2) The Gorge Commission, Forest Service, and counties should strive to apply Management Plan provisions uniformly throughout the Natio…

350-082-0070 Definitions As used in this land use ordinance, unless otherwise noted, the following words and their derivations have the following meanings. Unless otherwise noted, these definitions apply to both General Management Area (GMA) and Special Management Areas (SMAs). (…

350-082-0080 Application for Review and Approval Required (1) The application form required for National Scenic Area review is available at the Gorge Commission Office and on the Gorge Commission’s website. (2) All proposed developments and land uses shall be reviewed according t…

350-082-0090 Pre-Application Conference The Executive Director may require a pre-application conference prior to submitting an application. An applicant may request a pre-application conference prior to submitting an application. The pre-application conference may occur on the si…

350-082-0100 Acceptance of Application (1) Within 14 days after receiving an application, the Executive Director shall review the application for completeness and if complete, shall accept the application for review. (2) The Executive Director shall not accept an application for …

350-082-0110 Notice of Development Review (1) Within seven days after accepting an application, the Executive Director shall issue a notice of a proposed development. The notice shall provide the following information: (a) The name of the applicant; (b) The general and specific l…

350-082-0120 Comment Periods (1) Comments on Proposed Review Uses or Development. Interested persons have 21 days from the date the Executive Director sends the notice to submit written comments to the Executive Director relative to the consistency of the proposed actions with th…

350-082-0130 Tribal Treaty Rights and Consultation (1) Tribal Treaty Rights and Consultation in the GMA (a) Notice requirements to the governments of the four Columbia River Treaty Tribes are in 350-082-0110. (b) Applications for proposed new review uses and development located i…

350-082-0140 Consultation with Resource Agencies (1) There are many provisions in this land use ordinance that require the Executive Director to consult with federal, state, local, tribal, and other resource agencies and entities. The Executive Director sends notices of proposed …

350-082-0150 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, federal, state, local, and tribal agencies, and interested persons and entities as required in this land use ord…

350-082-0160 Expiration of National Scenic Area Approvals (1) Notice Not Required: Expiration of any Executive Director decision issued pursuant to this land use ordinance is automatic. The Executive Director does not notify applicants or landowners of decisions that are expired …

350-082-0170 Inspections (1) Applicants may request the Executive Director conduct an inspection during construction of an approved development or land use to ensure compliance with the Executive Director’s decision. The Executive Director, at their discretion, may conduct the re…

350-082-0180 Changes or Alterations to an Approved Action (1) Any change to an Executive Director’s decision shall be processed as a new action, except that the Executive Director may approve slight changes to findings, conclusions, and conditions of approval deemed to be consist…

350-082-0190 Applying New Less-Stringent Regulations to Development Approved Under Prior National Scenic Area Regulations (1) A landowner may submit a land use application to alter conditions of approval for an existing use or structure approved under prior National Scenic Area r…

350-082-0200 Existing Uses and Discontinued Uses (1) Right to Continue Existing Uses and Structures. Except as otherwise provided, any existing use or structure may continue as long as it is used in the same manner and for the same purpose. (2) Changes to Existing Uses and Struct…

350-082-0210 Uses Allowed Outright (1) All Land Use Designations Except Open Space and Agriculture-Special. The following uses are allowed without review in all GMA and SMA land use designations, except GMA and SMA Open Space and Agriculture-Special: (a) In the GMA, agricultural …

350-082-0220 Development and Uses Eligible for Expedited Review (1) The following development and uses may be allowed, provided they comply with the resource protection guidelines contained in section (2) below. (a) Except in Open Space and Agriculture-Special, accessory structur…

350-082-0230 Emergency/Disaster Response Actions (1) General Guidelines (a) Actions taken in response to an emergency/disaster, as defined in 350-082-0070(65), are allowed in all GMA and SMA land use designations, subject to the notification requirements in section (2) below. (b)…

350-082-0240 Uses Allowed on Lands Designated Large-Scale Agriculture and Small-Scale Agriculture (1) Uses Allowed Outright. The uses listed in “350-082-0210(1) are allowed without review on lands designated Large-Scale Agriculture and Small-Scale Agriculture. (2) Expedited Uses.…

350-082-0250 Uses Allowed on Lands Designated Agriculture-Special (1) Uses Allowed Outright. The uses listed in 350-082-0210(3) are allowed without review on lands designated Agriculture-Special. (2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to com…

350-082-0260 Uses Allowed on Lands Designated SMA Agriculture (1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated SMA Agriculture. (2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance …

350-082-0270 Uses Allowed on Lands Designated Commercial Forest Land, Large Woodland, and Small Woodland (1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated Commercial Forest Land, Large Woodland, and Small Woodland. (2) Ex…

350-082-0280 Uses Allowed on Lands Designated SMA Forest (1) Uses Allowed Outright. The uses listed in 350-082-0210(1) are allowed without review on lands designated SMA Forest. (2) Expedited Uses. The uses listed in 350-082-0220(1) may be allowed subject to compliance with 350-0…