WSR 08-22-059

PERMANENT RULES

COLUMBIA RIVER

GORGE COMMISSION

[ Filed November 3, 2008, 2:14 p.m. , effective December 15, 2008 ]


     Effective Date of Rule: December 15, 2008.

     Purpose: This rule repeals two prior chapters of the commission's rules relating to land use permitting. The commission no longer uses these rules to review development applications. The commission amended one section to require that changes to existing land use decisions comply with the current land use ordinance, which is the only land use ordinance that remains after this rule-making activity. Finally, the commission repealed its existing public contracting provisions, which are out-of-date, and adopted a new public contracting provision that specifies the commission use Washington's public contracting laws, which is the commission's current practice. These repeals will save more than three hundred pages of printing.

     Citation of Existing Rules Affected by this Order: Repealing all rules in chapter 350, Divisions 080 and 020; 350-015-001, 350-015-002, 350-015-003, 350-015-004, 350-015-005, 350-015-006, 350-015-007, 350-015-008, 350-015-009, 350-015-010, 350-015-011, 350-015-012, 350-015-013, 350-015-014, 350-015-015, 350-015-016, 350-015-017, 350-015-018, 350-015-019, 350-015-020, 350-015-025, 350-015-026, 350-015-027 and 350-015-028; and amending 350-81-046.

     Statutory Authority for Adoption: RCW 43.97.015.

     Other Authority: ORS 197.150, 16 U.S.C. § 544c(b).

      Adopted under notice filed as WSR 08-14-150 on July 1, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 1, Repealed 24; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 24.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 24.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 7, 2008.

Nancy A. Andring

Rules Coordinator

AMENDATORY SECTION

350-81-046. Changes or Alterations to an Approved Action

Any change to a development action approved by the Executive Director pursuant to this rule shall be processed as a new action, except that the Executive Director may approve minor changes to findings, conclusions, and conditions of approval deemed to be consistent with the guidelines of Commission Rule 350-81 and the findings and conclusions for the original action. If the Executive Director approves a minor change, the Director shall notify all of the parties that would have standing to appeal the change, including the applicant, the Forest Service, the four Indian tribal governments, the county planning department, and anyone who submitted comments during the comment period on the original land use application. The change itself (not the original decision) would be subject to appeal under the same time frames applicable to the original decision.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.

REPEALED CHAPTER

350-80

The Columbia River Gorge Commission repeals Chapter 350-80 in its entirety.

REPEALED CHAPTER

350-20

The Columbia River Gorge Commission repeals Chapter 350-20 in its entirety.

REPEALED SECTIONS

350-015-001, 350-015-002, 350-015-003, 350-015-004, 350-015-005, 350-015-006, 350-015-007, 350-015-008, 350-015-009, 350-015-010, 350-015-011, 350-015-012, 350-015-013, 350-015-014, 350-015-015, 350-015-016, 350-015-017, 350-015-018, 350-015-019, 350-015-020, 350-015-025, 350-015-026, 350-015-027, 350-015-028


NEW SECTION

350-015-100

For reasons of efficiency, and to avoid a piecemeal approach to public contracting administration, the Commission shall conduct public contracting in accordance with the public contracting law of the State of Washington. The Commission deems the public contracting law of the State of Washington as a total package to be equivalent in its degree of restrictiveness to the public contracting law of the State of Oregon.

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