Or. Admin. Code § 350-082-0110

Current through Register Vol. 63, No. 12, December 1, 2024

Section 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 location of the subject property;

(c) A brief description of the proposed action;

(d) The deadline for filing comments on the proposed action;

(e) The mailing and email addresses for submitting comments;

(f) A statement that the application and supporting documents are available on the Gorge Commission's website and for inspection at the Gorge Commission office during normal working hours; and

(g) A statement that compliance with the National Scenic Area standards does not ensure compliance with other applicable local, state, and federal laws.

(h) Additionally, the notice to the tribal governments shall request comments, recommendations, or concerns relating to the protection of treaty rights, including rights to access, hunt, fish, and gather, include a site plan, and include any supplemental information and a proposed treaty rights protection plan that the applicant has prepared to demonstrate protection of treaty rights.

(2) The notice shall be mailed or emailed to:

(a) The Forest Service, the applicable state agencies, the four tribal governments, and the applicable county and city (if the subject parcel is located within or adjacent to a city boundary);

(b) The applicant, landowner, holders of easements and other partial interests of the subject parcel, and other persons and entities within a radius of the subject parcel(s) as determined by 350-082-0110 Table 1 - Notice Requirements; and

(c) Other agencies and interested parties that request a notice or that the Executive Director determines at their discretion should be notified.

(3) The Executive Director at their discretion may require a new notice and comment period for any revision to an application that is materially different from the proposed use or development described in the original notice to such a degree that a reasonable person could not have understood the original notice to describe the proposed use or development as revised.

350-082-0110 Table 1 - Notice Requirements
Use Type	Send notice of application to:
All Expedited Review Uses	Tribes, USFS, County
All Full Review Uses	Tribes, USFS, County, State
* Single family dwellings in the GMA Residential Land Use Designation adjacent to GMA Agriculture or Forest Land Use Designations; * Commercial events and special uses in historic buildings adjacent to GMA Agriculture or Forest Land Use Designations; * Non-farm single family dwellings in the GMA Large-Scale Agriculture Land Use Designation; * Within GMA Forest Land Use Designations: utility facilities, railroads, home occupations, fruit & produce stands, wineries, wine sales/tasting rooms, ag. product processing and packaging, mineral resources, geothermal resources, aquaculture, boarding of horses, temporary asphalt/batch plants, expansion of non-profit camps/retreats/conference centers, bed and breakfasts, non-profit learning/research facilities, fish processing operations, road spoils disposal sites	Landowners and holders of easements and other partial interests within 500 feet
All other Full and Expedited Review Uses	Landowners and holders of easements and other partial interests within 200 feet
All Full and Expedited Review Uses within 1000 feet of a sensitive wildlife site	State Department of Wildlife
All Full and Expedited Review Uses within 1000 feet of a rare plant	State Natural Heritage Program
All Full and Expedited Review Uses within Agriculture Special Land Use Designation	State Natural Heritage Program

Or. Admin. Code § 350-082-0110

CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022

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)