Oregon Administrative Rules Chapter 350 - COLUMBIA RIVER GORGE COMMISSION
Oregon Administrative Rules (OAR) Chapter 350 is the regulatory framework for the Columbia River Gorge Commission (CRGC). This commission is a unique bi-state agency, created by an interstate compact between Oregon and Washington in response to the federal Columbia River Gorge National Scenic Area Act of 1986.
Purpose and Mission of the Columbia River Gorge Commission:
The overarching purpose of the CRGC and its rules is to protect and enhance the scenic, natural, recreational, and cultural resources of the Columbia River Gorge National Scenic Area, while also supporting the economy of the area by encouraging growth to occur in existing urban areas. This dual mandate is reflected throughout the regulations.
Key Responsibilities and Areas Covered by OAR Chapter 350:
OAR Chapter 350 is highly focused on land use and resource management within the designated National Scenic Area. It contains detailed provisions to implement the Management Plan for the Columbia River Gorge National Scenic Area, which is the core document guiding all decisions.
Here's a breakdown of the significant divisions within Chapter 350:
Division 10 - Legal Descriptions: Defines the boundaries of the Columbia River Gorge National Scenic Area.
Divisions 11-16 - Administrative Procedures: These divisions cover the internal operations of the Commission, including:
Open Meetings (Division 11): Rules for public access to Commission meetings.
Public Records (Division 12): Regulations on access to the Commission's records.
Financial Disclosure (Division 13) and Conflict of Interest (Division 14): Rules to ensure transparency and prevent conflicts of interest among Commission members and staff.
Public Contracting (Division 15) and General Administrative Procedures (Division 16): Standard governmental procedures.
Division 30 - Enforcement: Outlines the procedures and mechanisms for enforcing the Commission's rules and the Management Plan.
Division 40 - Revision of Urban Area Boundaries: Provides the process by which the boundaries of the designated "urban areas" within the Scenic Area can be revised. The Act encourages development within these urban areas to protect the surrounding natural landscape.
Division 50 - Plan Amendment Process: Details the procedures for amending the Columbia River Gorge National Scenic Area Management Plan itself. This is crucial for adapting to changing conditions or needs.
Divisions 60 & 70 - Appeals: These are critical divisions, as the Gorge Commission serves as an appeals board for land-use decisions within the Scenic Area.
Appeals From County Ordinances (Division 60): Governs appeals of land-use decisions made by the six counties (three in Oregon, three in Washington) that have land within the Scenic Area and implement land-use ordinances consistent with the Management Plan.
Appeals From Decisions Under Gorge Commission Ordinances (Division 70): Governs appeals of decisions made directly by the Gorge Commission for areas where a county has not adopted a consistent ordinance or for specific types of decisions the Commission retains direct authority over.
Division 82 - Land Use Ordinance: This is arguably the most significant operational division. It contains the detailed land use ordinance for the Scenic Area. This ordinance specifies:
Land use designations: Classifying areas as "Special Management Areas" (most restricted), "General Management Areas" (more diverse uses allowed), and "Urban Areas" (focused on economic development).
Allowable uses and development standards: What types of development are permitted in each designation and the specific criteria that must be met (e.g., height limits, exterior colors/materials, scenic protection, cultural resource protection, natural resource protection, recreational resource protection, agricultural and forest land protection).
Review criteria: The standards used to evaluate development proposals to ensure they are consistent with the Management Plan. This often involves assessing potential impacts on scenic views, cultural sites, natural habitats, and recreational opportunities.
Division 120 - Economic Development Certification Process: This division focuses on the second part of the Commission's mandate – supporting the economy. It outlines the process for certifying economic development projects that are consistent with the overall goals of the Scenic Area.
In essence, OAR Chapter 350, guided by the federal National Scenic Area Act and the Management Plan, provides the detailed regulatory framework for balancing resource protection with sustainable economic activity and development within the irreplaceable Columbia River Gorge.
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