Oregon Administrative Rules
Chapter 350 - COLUMBIA RIVER GORGE COMMISSION
Division 82 - LAND USE ORDINANCE
Section 350-082-0220 - Development and Uses Eligible for Expedited Review
Universal Citation: OR Admin Rules 350-082-0220
Current through Register Vol. 63, No. 3, March 1, 2024
(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 structures between 60 and 200 square feet in
area and ten 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 signs, decks, fences,
outdoor lights, retaining walls, transportation facilities, or utility
facilities.
(b) 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.
(c) Rail,
solid or semi-solid fences accessory to existing dwellings less than or equal
to six feet in height and less than or equal to 100 feet in length.
(d) Wire-strand fences other than those
allowed outright, provided the fence complies with 350-082-0650(5) if it is
inside deer and elk winter range as delineated in the Gorge Commission and
Forest Service natural resource data or determined by an appropriate federal or
state agency.
(e) In the GMA,
woven-wire fences for agricultural use that would enclose 80 acres or
less.
(f) Decks that are uncovered,
attached and accessory to existing dwellings, and 500 square feet or less in
area and 30 inches or less in height above existing grade.
(g) Road closure gates.
(h) Signs, other than those allowed
outright.
(i) Outdoor
lights.
(j) 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.
(k) Lot line adjustments in the GMA that
would not result in the potential to create additional parcels through
subsequent land divisions, as determined by 350-082-0570(1), except all lot
line adjustments for parcels designated Open Space, Agriculture-Special, Public
Recreation, or Commercial Recreation shall be reviewed through the full
development review process.
(l) Lot
line adjustments in the SMAs, subject to compliance with
350-082-0570(2).
(m) Removal or
demolition of structures that are less than 50 years old, including wells,
septic tanks and fuel tanks.
(n)
Decommission non-paved roads, including ripping the road surface, barriers, and
revegetation.
(o) Trail
reconstruction involving up to 1,000 feet of trail re-route.
(p) 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
traffic barriers 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.
(q) Except in
Agriculture-Special, new underground utility facilities located inside road,
utility or railroad rights-of-way or easements that have been disturbed in the
past, provided that no ditch for linear facilities would be more than 36 inches
wide and no excavation for non-linear facilities would exceed 20 cubic
yards.
(r) The following
aboveground and overhead utility facilities:
(A) Modify existing aboveground and overhead
utility facilities or, except in Agriculture-Special, 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.
(s) 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 in 350-082-0070(73)
and in accordance with 350-082-0220(1) through 350-082-0220(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.
(t) Retaining walls accessory to existing
dwellings less than or equal to two feet in height and less than or equal to
100 feet in length.
(u) In the
SMAs, wind machines for frost control in conjunction with agricultural
use.
(v) Additions to existing
buildings or structures that generate solar power for approved uses, provided
that the panels and hardware are non-reflective black or dark earth tone colors
and do not increase the overall roof height. This category does not include
free-standing solar arrays, which are subject to full review as new structures
under 350-0820540.
(2) Proposed development reviewed using the expedited review process shall comply with the following resource protection guidelines:
(a) Scenic
(A) In the GMA, the scenic resource
protection guidelines shall not apply to woven-wire fences for agricultural use
that would enclose 80 acres or less.
(B) Except signs, 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 approved
by the reviewing agency shall be included as a condition of approval. This
guideline shall not apply to additions to existing buildings smaller in total
area in square feet than the existing building, which may be the same color as
the existing building.
(C) Except
signs, structures topographically visible from key viewing areas shall use low
or non-reflective building materials, including roofing, gutters, vents, and
chimneys.
(D) Any exterior lighting
shall be sited, limited in intensity, hooded, and shielded in a manner that
prevents lights from being highly visible from key viewing areas and from
noticeably contrasting with the surrounding landscape setting, except for road
lighting necessary for safety purposes. Shielding and hooding materials shall
be composed of non-reflective, opaque materials.
(E) Signs shall comply with
350-082-0520.
(F) Structures within
one-half mile of a key viewing area and topographically visible from the key
viewing area shall be sited, screened and 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 or historic survey as determined by
350-082-0620(2)(a)(A).
(B) The GMA
guidelines that protect cultural resources and human remains discovered during
construction (350-0820620(6) and (7)) shall be applied as conditions of
approval for all development approved under the expedited development review
process, including development in the SMAs.
(c) Recreation. The development shall not
detract from the use and enjoyment of established recreation sites on adjacent
parcels.
(d) Natural
(A) Water Resources (Wetlands, Streams,
Ponds, Lakes and Riparian Areas). The development is outside water resources
and their buffer zones. 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 Rare Plants
(i) The development meets one
of the following:
(I) The development is at
least 1,000 feet from known Priority Habitats or sensitive wildlife sites
(excluding sensitive aquatic species and deer and elk winter range) and known
rare plants.
(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.
(III) For
sensitive wildlife, the development is within 1,000 feet of known Priority
Habitats or sensitive wildlife sites (excluding sensitive aquatic species and
deer and elk winter range), but an appropriate federal or state wildlife agency
determines the Priority Habitat or sensitive wildlife site is not active, the
proposed development would not compromise the integrity of the Priority Habitat
or wildlife area, or the proposed development would not occur during the time
of the year when wildlife species are sensitive to disturbance.
(IV) For rare plants, the development is
within 1,000 feet of known rare plants, but the Oregon Biodiversity Information
Center 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 rare plants.
(ii) Development eligible for
expedited review shall be exempt from the field survey requirements for
sensitive wildlife or rare plants in 350-082-0650(1)(d) and (2) and
350-082-0660(1)(d) and (2).
(e) Treaty rights protection guidelines:
(A) Proposed development 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 a tribal government 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 subsection (B) above, 350-082-0130 shall not apply to
proposed development reviewed under the expedited review process.
Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c), 16 USC § 544f(l)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c), 16 USC § 544f(l)
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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