WSR 05-02-059

PROPOSED RULES

COLUMBIA RIVER

GORGE COMMISSION

[ Filed January 4, 2005, 9:50 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Land use ordinance.

Hearing Location(s): Troutdale Conference Center, 223 Buxton, Troutdale, OR, on March 8, 2005, at 9:00 a.m. (Note this is the beginning of the commission's regular meeting. The actual hearing time may be later.)

Date of Intended Adoption: March 8, 2005.

Submit Written Comments to: Martha J. Bennett, Executive Director, P.O. Box 730, White Salmon, WA 98672, e-mail crgc@gorge.net, fax (509) 493-2229, by March 1, 2005.

Assistance for Persons with Disabilities: Contact Nancy Andring by March 1, 2005, (509) 493-3323.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to implement the management plan for the Columbia River Gorge National scenic area that the gorge commission adopted revisions to on April 27, 2004. The land use ordinance will be effective in any gorge county that does not have an effective land use ordinance implementing the management plan. The substantive standards are identical to the substantive standards in the management plan as revised. The procedural requirements for issuing land use decisions are similar to those contained in the current land use ordinance (Commission Rule 350-80). This rule will replace Commission Rule 350-80 in its entirety.

Reasons Supporting Proposal: The land use ordinance is necessary to implement the management plan in gorge counties that do not have a land use ordinance that implements the management plan. The gorge commission is required to implement a land use ordinance for these counties pursuant to sections 7(c) and 8(l) the Columbia River Gorge National Scenic Area Act (16 U.S.C. 544e(c) and 544f(l)) and the Columbia River Gorge Compact (RCW 43.97.015 and ORS 196.150).

Statutory Authority for Adoption: RCW 43.97.015; ORS 196.150 and 16 U.S.C. 544e(c) and 544f(l).

Statute Being Implemented: RCW 43.97.015; ORS 196.150 and 16 U.S.C. 544e(c) and 544f(l).

Rule is necessary because of federal law, [see above].

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The gorge commission authorized filing this notice of proposed rule making on December 14, 2004, after reviewing the outline for the rule, the text of the proposed procedures section, and a staff report stating that the substantive requirements would be identical to the management plan as revised. The gorge commission is especially interested in comments on the procedures and ensuring consistency between the substantive provisions of this rule and the management plan as revised. Implementation and enforcement of this rule is anticipated to be substantially similar to implementation of the current gorge commission land use ordinance (Commission Rule 350-80).

Name of Proponent: Columbia River Gorge Commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Martha J. Bennett, Executive Director, P.O. Box 730, White Salmon, WA 98672, (509) 493-3323.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule is procedural in nature implementing substantive rules that are already adopted.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule is exempt from this requirement pursuant to RCW 34.05.328(5). The gorge commission is not applying this section voluntarily.

January 3, 2005

Nancy A. Andring

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 05-04 issue of the Register.

Washington State Code Reviser's Office