Or. Admin. Code § 350-082-0190

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

Section 350-082-0190 - Applying New Less-Stringent Regulations to Development Approved Under Prior National Scenic Area Regulations

(1) A landowner may submit a land use application to alter conditions of approval for an existing use or structure approved under prior National Scenic Area regulations (e.g., Columbia River Gorge National Scenic Area Final Interim Guidelines, former Commission Rule 350-80 or former Commission Rule 350-81).

(2) The following standards apply to applications to alter conditions of approval for an existing use or structure approved under prior National Scenic Area regulations:

(a) The applicant shall apply for the same development that was reviewed in the original decision.

(b) The development shall remain in its current location.

(c) The Executive Director shall review the application and send notice of the application to agencies and other parties entitled to receive notice under the current land use ordinance.

(d) The Executive Director shall review the entire development to ensure that it would fully comply with all the current guidelines including, but not limited to, land use, treaty rights, scenic resources, cultural resources, recreation resources and natural resources.

(e) The Executive Director shall issue a new decision that supersedes the original decision.

(f) The new decision may remove or revise original conditions of approval or add new conditions of approval to ensure full compliance with all the current guidelines.

Or. Admin. Code § 350-082-0190

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)