Or. Admin. Code § 350-082-0210

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

Section 350-082-0210 - Uses Allowed Outright

(1) All Land Use Designations Except Open Space and Agriculture-Special. The following uses are allowed without review in all GMA and SMA land use designations, except GMA and SMA Open Space and Agriculture-Special:

(a) In the GMA, agricultural uses except new cultivation. Any operation that would cultivate land that has not been cultivated, or has lain idle, for more than five years shall be considered new cultivation. For this guideline, cultivation and vegetation removal may be allowed in conjunction with a home garden.

(b) In the SMAs, agricultural uses within previously disturbed and regularly worked fields or areas, except new agricultural structures.

(c) Forest practices in the GMA that do not violate conditions of approval for other approved uses and developments.

(d) Repair, maintenance and operation of existing structures, including, but not limited to, dwellings, agricultural structures, trails, roads, railroads, and utility facilities.

(e) Accessory structures 60 square feet or less in area and ten feet or less in height, unless within the buffer zone of a wetland, stream, pond, lake or riparian area. This category does not include signs, fences, outdoor lights, retaining walls, flagpoles, roads, transportation facilities, or utility facilities. Only one free-standing renewable energy (solar or wind) structure is allowed on a parcel pursuant to this guideline.

(f) Wire-strand or woven-wire fences used for gardens, yards, livestock, and similar uses less than or equal to 500 feet in length and less than or equal to ten feet in height that are accessory to an existing dwelling, provided woven-wire fences (posts and wire) are brown or black if visible from key viewing areas. Height is measured from the ground to the top wire.

(g) Wire-strand fences less than or equal to 48 inches in height that are outside 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. Height is measured from the ground to the top wire. This category does not include fences associated with transportation facilities or utility facilities.

(h) The following transportation facilities:

(A) Replace existing safety or protective structures, including, but not limited to, guardrails, access control fences and gates, barriers, energy attenuators, safety cables, rockfall structures, and traffic signals and controllers, provided the replacement structures are: the same location and size as the existing structures and the same building materials as the existing structures, or building materials that are dark brown with a flat, non-reflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan.

(B) Replace existing traffic detection devices, vehicle weighing devices, and signal boxes, provided the replacement structures are the same location and size as the existing structures and the same building materials as the existing structures, or building materials that are dark brown with a flat, non-reflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan.

(C) New raised pavement markers, guide posts, object markers, inlay markers, and pavement markings and striping.

(D) Permanent public regulatory, guide, and warning signs, except those excluded below, provided that the signs comply with the Manual for Uniform Traffic Control Devices (2012 or most recent version) and the support structures and backs of all signs are dark brown with a flat, non-reflective finish. This category does not include specific service signs; destination and distance signs; variable message signs; or signs that bridge or are cantilevered over the road surface.

(E) Extensions of existing guardrails or traffic barriers less than or equal to 50 feet in length and new guardrail ends for existing guardrails, provided the guardrails and guardrail ends are located inside rights-of-way that have been disturbed in the past and constructed of materials that match the existing structure, natural wood, weathering steel (e.g., Corten), or materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan.

(F) New traffic barriers and guardrail ends, provided the structures are located inside rights-of-way that have been disturbed in the past and are constructed of natural wood, weathering steel (e.g., Corten), or materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan. This category does not include jersey barriers.

(G) In the GMA, replacement or expansion of existing culverts, provided the entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.

(H) In the SMAs, replacement or expansion of existing culverts for ephemeral streams or ditches, provided the visible ends of culverts shall be dark and non-reflective. The entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.

(I) Maintenance of existing railroad track and paved roads, provided the activity does not increase the width of a road or railroad or disturb the toe of adjacent embankments, slopes or cut banks.

(J) Apply dust abatement products to non-paved road surfaces.

(K) Grade and gravel existing road shoulders, provided the activity does not increase the width of a road or disturb the toe of adjacent embankments, slopes or cut banks.

(L) Replace the superstructure of bridges (e.g., decks, beams) for bridges less than or equal to 30 feet in length and less than or equal to 1,000 square feet in area. This category does not include guardrails, traffic barriers, or the substructure of bridges (e.g., foundations, abutments).

(i) The following underground utility facilities:

(A) Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past, provided no excavation would extend beyond the depth and extent of the original excavation.

(B) Replace or modify existing underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past or co-locate new underground utility facilities with existing underground facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past, provided:

(i) No excavation would extend more than 12 inches beyond the depth and extent of the original excavation;

(ii) No ditch for linear facilities would be more than 24 inches wide;

(iii) No excavation for non-linear facilities would exceed ten cubic yards; and

(iv) no recorded archaeological site is located within 500 feet of the development. To comply with this subsection, the entity or person undertaking the development shall contact the Washington Office of Archaeology and Historic Preservation or the Oregon State Historic Preservation Office and obtain a letter or other document stating no recorded archaeological site is located within 500 feet of the development.

(j) The following aboveground and overhead utility facilities:

(A) Replace existing aboveground and overhead utility facilities including towers, pole or tower-mounted equipment, cables and wires, anchors, pad-mounted equipment, service boxes, pumps, valves, pipes, water meters, and fire hydrants, provided the replacement facilities would have the same location and size as the existing facilities and the same building materials as the existing facilities, or building materials that are dark brown with a flat, non-reflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan.

(B) Replace existing utility poles, provided the replacement poles are located within five feet of the original poles, no more than five feet taller and six inches wider than the original poles, and constructed of natural wood, weathering steel (e.g., Corten), materials that match the original poles, or materials that are dark brown with a flat, non-reflective finish.

(C) New whip antennas for public service less than or equal to eight feet in height and less than or equal to two inches in diameter, cables, wires, transformers, and other similar equipment, provided all such structures are on existing utility poles or towers.

(k) Flagpoles that are accessory to the principal building on a parcel, provided the height of the flagpole is less than or equal to the height of the highest ridgeline or parapet of the principal building.

(l) The following signs:

(A) Election signs. Removal must be accomplished within 30 days of election day.

(B) "For sale" signs not greater than 12 square feet. Removal must be accomplished within 30 days of close of sale.

(C) Temporary construction site identification, public service company, safety, or information signs not greater than 32 square feet. Exceptions may be granted for public highway signs necessary for public safety and consistent with the Manual on Uniform Traffic Control Devices (2012 or most recent version). Removal must be accomplished within 30 days of project completion.

(D) Signs posted on private property warning the public against trespassing, danger from animals, the private nature of a road, driveway or premise, or signs prohibiting or otherwise controlling fishing or hunting, provided such signs are not greater than six square feet in the GMA and two square feet in the SMAs.

(E) Temporary signs advertising civil, social, or political gatherings and activities, provided such signs do not exceed 12 square feet. Removal must be accomplished within 30 days of the close of the event.

(F) Signs posted by governmental jurisdictions giving notice to the public. Such signs shall be no larger than that required to convey the intended message.

(G) In the GMA, signs associated with the use of a building or buildings, if placed flat on the outside walls of buildings (not on roofs or marquees).

(m) In the GMA, wind machines for frost control in conjunction with agricultural use.

(2) GMA and SMA Open Space. The following uses are allowed without review in GMA and SMA Open Space:

(a) Repair, maintenance and operation of existing structures, including, but not limited to, dwellings, agricultural structures, trails, roads, railroads, and utility facilities. This does not include trail, road, and railroad expansions.

(b) The following transportation facilities:

(A) Replace existing safety or protective structures, including guardrails, access control fences and gates, barriers, energy attenuators, safety cables, and traffic signals and controllers, provided the replacement structures are the same location and size as the existing structures and the same building materials as the existing structures, or building materials that are dark brown with a flat, non-reflective finish, or building materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan.

(C) New raised pavement markers, guide posts, object markers, inlay markers, and pavement markings and striping.

(D) Permanent public regulatory, guide, and warning signs, except those excluded below, provided that the signs comply with the Manual on Uniform Traffic Control Devices (2012 or most recent version) and the support structures and backs of all signs are dark brown with a flat, non-reflective finish. This category does not include specific service signs; destination and distance signs; variable message signs; or signs that bridge or are cantilevered over the road surface.

(F) New traffic barriers and guardrail ends, provided the structures are located inside rights-of-way that have been disturbed in the past and constructed of natural wood, weathering steel (e.g., Corten), or materials consistent with the Historic Columbia River Highway Master Plan for the Historic Columbia River Highway or a scenic highway corridor strategy for Interstate 84 or Washington State Route 14 prepared according to the Management Plan. This category does not include jersey barriers.

(G) In the GMA, replacement of expansion of existing culverts, provided the entity or person owning or operating the culvert shall obtain all necessary federal and state permits that protect water quality and fish and wildlife habitat before construction.

(H) In the SMAs, replacement or expansion of existing culverts for ephemeral streams or ditches, provided the visible ends of culverts shall be dark and non-reflective.

(J) Apply dust abatement products to non-paved road surfaces.

(K) Grade and gravel existing road shoulders, provided the activity does not increase the width of a road or disturb the toe of adjacent embankments, slopes or cut banks.

(c) The following underground utility facilities:

(i) No excavation would extend more than 12 inches beyond the depth and extent of the original excavation;

(ii) No ditch for linear facilities would be more than 24 inches wide;

(iii) No excavation for non-linear facilities would exceed ten cubic yards; and

(iv) No recorded archaeological site is located within 500 feet of the development. To comply with this subsection, the entity or person undertaking the development shall contact the Washington Department of Archaeology and Historic Preservation or the Oregon State Historic Preservation Office and obtain a letter or other document stating no recorded archaeological site is located within 500 feet of the development.

(d) The following aboveground and overhead utility facilities:

(e) The following signs:

(A) Election signs. Removal must be accomplished within 30 days of election day.

(B) "For sale" signs not greater than 12 square feet. Removal must be accomplished within 30 days of close of sale.

(C) Temporary construction site identification, public service company, safety, or information signs not greater than 32 square feet. Exceptions may be granted for public highway signs necessary for public safety and consistent with the Manual on Uniform Traffic Control Devices (2012 or the most recent version). Removal must be accomplished within 30 days of project completion.

(F) Signs posted by governmental jurisdictions giving notice to the public. Such signs shall be no larger than that required to convey the intended message.

(G) In the GMA, signs associated with the use of a building or buildings, if placed flat on the outside walls of buildings (not on roofs or marquees).

(3) Agriculture-Special. The following uses are allowed without review on lands designated Agriculture-Special:

(a) Existing livestock grazing. A livestock operation ceases to be existing when the land on which it is conducted has lain idle for more than five years.

(b) Repair, maintenance, and operation of existing and serviceable structures, trails, roads, railroads, and utility facilities.

(c) Low-intensity recreation uses that occur with the knowledge and permission of the landowner, including hunting, fishing, trapping, native plant study, birdwatching, photography, horseback riding, and hiking. Development associated with these low-intensity recreation uses is subject to review and is not allowed outright.

(d) Temporary livestock facilities, such as portable livestock pens and corrals.

(e) New fences that exclude livestock from lands that are not part of an existing livestock operation.

Or. Admin. Code § 350-082-0210

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)