Oregon Administrative Rules
Chapter 350 - COLUMBIA RIVER GORGE COMMISSION
Division 82 - LAND USE ORDINANCE
Section 350-082-0680 - GMA and SMA Practicable Alternative Test for Natural Resource Review Guidelines
Universal Citation: OR Admin Rules 350-082-0680
Current through Register Vol. 63, No. 3, March 1, 2024
(1) An alternative site for a proposed use shall be considered practicable if it is available and the proposed use can be undertaken on that site after taking into consideration cost, technology, logistics, and overall project purposes.
(2) A practicable alternative does not exist if a project applicant satisfactorily demonstrates all of the following:
(a) The basic purpose of the use cannot be
reasonably accomplished using one or more other sites in the vicinity that
would avoid or result in less adverse effects on water resources, wildlife
areas and sites, or plant areas and sites.
(b) The basic purpose of the use cannot be
accomplished by reducing its proposed size, scope, configuration, or density,
or by changing the design of the use in a way that would avoid or result in
less adverse effects on water resources, wildlife areas and sites, or plant
areas and sites.
(c) Reasonable
attempts were made to remove or accommodate constraints that caused a project
applicant to reject alternatives to the proposed use. Such constraints include
inadequate infrastructure, parcel size, and land use designations. If a land
use designation or recreation intensity class is a constraint, an applicant
must request a Management Plan amendment to demonstrate that practicable
alternatives do not exist.
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)
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