Or. Admin. Code § 350-082-0160

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

Section 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 or may be close to expiring.

(2) National Scenic Area Approvals without Structures: An Executive Director's decision for a use or development that does not include a structure shall expire two years after the date the approval was granted, unless the use or development was established according to all specifications and conditions of approval in the approval. For land divisions, "established" means the final deed or plat has been recorded with the county recorder or auditor.

(3) National Scenic Area Approvals with Structures: An Executive Director's decision for a use or development that includes a structure shall expire as follows:

(a) When construction has not commenced within two years of the date the approval was granted; or

(b) When the structure has not been completed within two years of the date of commencement of construction.

(4) Commencement of Construction: As used in subsection (3)(a) above, commencement of construction means construction of the foundation or frame of the approved structure. For utilities and development without a frame or foundation, commencement of construction means construction of support structures for an approved above ground utility or development or actual excavation of trenches for an approved underground utility or development. For roads, commencement of construction means grading of the roadway.

(5) Completion of Structure: As used in subsection (3)(b) above, completion of the structure means completion of the exterior surface(s) of the structure and compliance with all conditions of approval in the National Scenic Area approval.

(6) Extension of Validity of National Scenic Area Approvals: A request for extension of the time frame in section (2) or (3) above, shall be submitted in writing before the applicable expiration date.

(a) The Executive Director may grant one 12-month extension to the validity of a National Scenic Area approval if they determine that events beyond the control of the applicant prevented commencement of the use or development (applicable to section (2) above) or commencement of construction (applicable to subsection (3)(a) above) within the original two-year time frame.

(b) The Executive Director may also grant one 12-month extension if they determine that events beyond the control of the applicant prevented completion of the structure (applicable to subsection (3)(b) above) within the original two-year time frame.

(c) The extension is good for 12 months from the date of the original expiration (not the date the extension was requested or granted and not the commencement of construction, or any other date or milestone).

(d) A request for extension shall state the reason why events beyond the control of the applicant warrant an extension.

(e) Approval or denial of a request for extension shall be considered an administrative decision.

(7) Vested Rights: The laws of the states of Oregon and Washington concerning vested rights shall not apply in the National Scenic Area. A person has a vested right for as long as the National Scenic Area approval does not expire.

Or. Admin. Code § 350-082-0160

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)