WSR 17-24-105

PROPOSED RULES

[Filed December 6, 2017, 7:43 a.m.]

Title of Rule and Other Identifying Information: Amendments to land use ordinance to be consistent with recent revisions to the National Scenic Area (NSA) management plan.

Hearing Location(s): On February 13, 2018, at 9:00 a.m., at the Best Western Hood River Inn, 1108 East Marina Way, Hood River, Oregon. 9:00 a.m. is the beginning of the commission meeting. The precise time of this rule-making hearing will be available when the agenda is finalized approximately one week before the meeting.

Date of Intended Adoption: February 13, 2018.

Submit Written Comments to: Jeffrey Litwak, Counsel, Columbia River Gorge Commission, P.O. Box 730, White Salmon, WA 98672, email jeff.litwak@gorgecommission.org, by January 29, 2017 [2018].

Assistance for Persons with Disabilities: Contact Nancy Andring, phone 509-493-3323 x0, email nancy.andring@gorgecommission.org, by January 29, 2017 [2018].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments to the Gorge Commission's National Scenic Area Land Use Ordinance for Klickitat County make the ordinance consistent with recent amendments to the NSA management plan. The amendments add two definitions and specify when new development proposals must be reviewed for cumulative effects to scenic, cultural, natural, and recreational resources in NSA. The amendments codify language already adopted into the management plan and largely codify the commission staff's existing practice.

Reasons Supporting Proposal: The amendments are necessary to comply with Columbia River Gorge National Scenic Area Act, 16 U.S.C. §§ 544 to 544p. The National Scenic Area Act requires that when the commission revises the management plan, all land use ordinances implementing the management plan must be revised to be consistent with the management plan.

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

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

Rule is necessary because of federal law, federal court decision and state court decision, 16 U.S.C. §§ 544e(c), 544f(l); Friends of the Columbia Gorge v. Schafer, 624 F. Supp. 2d 1253 (D. Or. 2008); Friends of the Columbia Gorge v. Columbia River Gorge Commission, 248 Or. App. 301 (2012).

Name of Proponent: Columbia River Gorge Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Jeffrey Litwak, P.O. Box 730, White Salmon, WA 98672, 509-493-3323; Implementation and Enforcement: Krystyna Wolniakowski, P.O. Box 730, White Salmon, WA 98672, 509-493-3323.

A cost-benefit analysis is not required under RCW 34.05.328. Exempt under RCW 34.05.328 [(5)](b)(iii).

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 16 U.S.C. § 544 to 544p. Noncompliance would result in a violation of the Columbia River Gorge Compact with Oregon, litigation and a court order to enact these rules.

Explanation of exemptions: The amendments are being made solely to comply with 16 U.S.C. §§ 544e(c) and 544f(l), and two court decisions: Friends of the Columbia Gorge v. Schafer, 624 F. Supp. 2d 1253 (D. Or. 2008); Friends of the Columbia Gorge v. Columbia River Gorge Commission, 248 Or. App. 301 (2012). The amendments codify language already contained in the management plan for NSA.

December 6, 2017

Nancy A. Andring

Rules Coordinator