[Filed November 30, 2018, 10:29 a.m., effective December 31, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule adopts legal boundary descriptions for the exterior boundary and special management area (SMA) boundaries designated in the Columbia River Gorge National Scenic Area Act. The rule also amends the legal boundary descriptions of the urban area boundaries to show coincident angle points, to reflect new angle points where the exterior and SMA boundaries touch the urban area boundaries, and to conform terms, style, abbreviations and acronyms to the newer exterior and SMA boundary descriptions. No urban area boundaries are changed as a result of these amendments to the urban areas legal boundary descriptions. The rule is, in effect, an interpretation of the National Scenic Area Act. The rule will provide greater certainty for landowners and land managers about the precise location of the national scenic area boundaries. Where a legal boundary description in this rule differs from a prior interpretation of a national scenic area boundary, the legal boundary description will supersede the prior interpretation. Existing uses based on a prior interpretation will be managed in accordance with the existing uses provisions of the commission's management plan and county land use ordinances administering the plan. The rule does not change any national scenic area boundary; changes to boundaries may only occur as specified in the National Scenic Area Act, 16 U.S.C. § 544b.
Citation of Rules Affected by this Order: New 350-10-030A and 350-10-030B; and amending 350-10-000, 350-10-010, 350-10-020, 350-10-030, 350-10-030C, 350-10-040, and 350-10-050.
Statutory Authority for Adoption: RCW 43.97.015
; ORS 196.150; 16 U.S.C. § 544b (a), (b), (e).
Adopted under notice filed as WSR 18-18-008 on August 23, 2018.
Changes Other than Editing from Proposed to Adopted Version: No substantive changes.
Number of Sections Adopted in Order to Comply with Federal Statute: New 2, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 1, Repealed 0.
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: November 30, 2018.
Nancy A. Andring
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 19-02
issue of the Register.