Original Notice.

Preproposal statement of inquiry was filed as WSR 00-07-049.

Title of Rule: Existing uses (350-80-070).

Purpose: To include natural disasters as a basis for replacement of structures.

Statutory Authority for Adoption: Chapter 43.97 RCW.

Summary: This rule defines types of structures to be considered "existing" prior to the management plan for the purpose of reconstruction.

Reasons Supporting Proposal: Mandated by scenic area management plan.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Brian Litt, White Salmon, Washington, (509) 493-3323.

Name of Proponent: Columbia River Gorge Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: To expand and clarify types of structures to be considered existing before the management plan for the purpose of replacement.

Proposal Changes the Following Existing Rules: As above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No economic impact.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: The Discovery Center, 5000 Discovery Drive, The Dalles, OR, on June 13, 2000, at 9:45 a.m.

Assistance for Persons with Disabilities: Contact by phone, (509) 493-3323.

Submit Written Comments to: Fax (509) 493-2229, by June 13, 2000.

Date of Intended Adoption: June 13, 2000.

April 17, 2000

Robert K. McIntyre

Administrative Assistant

350-80-070. Existing Uses.

Except as otherwise provided below, existing uses in the Scenic Area may continue, notwithstanding the provisions of Commission Rule 350-80.

(1) Except as otherwise provided, any use or structure existing on the effective date of the Management Plan, may continue so long as it is used in the same manner and for the same purpose as on that date.

(2) Any use or structure damaged or destroyed by fire disaster or an emergency event shall be treated s an existing use or structure if an application for replacement in kind and in the same location is filed within 1 year 2 years. Such uses shall be subject to compliance with guidelines for protection of scenic resources involving color, reflectivity, and landscaping. Replacement of an existing use or structure, including those damaged or destroyed by disaster or an emergency event, by a use or structure different in purpose, size or scope the same type of use or structure in a different location or with a different size shall be subject to the policies and guidelines in the Management Plan to minimize adverse effects on scenic, cultural, natural and recreation resources.

The applicant shall be responsible for providing necessary information to demonstrate that the replacement structure is in-kind as defined by guideline .040(71). This may include photos and building plans.

(3) Replacement or reestablishment of a use or structure discontinued for more than one year shall be subject to Commission Rule 350-80. Except as otherwise provided, an existing use or structure may be replaced within one year of discontinuation if used for the same purpose at the same location. This includes replacing an existing mobile home with a framed residence.

(4) In the Special Management Area, existing commercial and multi-family residential uses may expand as necessary for successful operation on the dedicated site, subject to Commission Rule 350-80-520 through 350-80-620 to minimize adverse effects on scenic, cultural, natural and recreation resources. Expansion beyond the dedicated site is prohibited. Commercial uses discontinued for 1 year or more shall no longer be considered as an existing use and shall no longer be permitted, in accordance with the provisions this rule.

(5) Existing industrial uses in the General Management Area may expand as necessary for successful operation on the dedicated site. Expansion beyond the dedicated site is prohibited.

(6) In the General Management Area, existing industrial uses may convert to less intensive uses. A less intensive use is a commercial, recreation or residential use with fewer adverse effects upon scenic, cultural, natural and recreation resources.

(7) In the General Management Area, existing development or production of mineral resources may continue unless the Gorge Commission determines that the uses adversely affect the scenic, cultural, natural or recreation resources of the Scenic Area. These uses will be considered discontinued and subject to Commission Rule 350-80 if any of the following conditions exist:

(a) The mined land has been reclaimed naturally or artificially to a point where it is revegetated to 50 percent of its original cover (considering both basal and canopy) or has reverted to another beneficial use, such as grazing. Mined land shall not include terrain which was merely leveled or cleared of vegetation.

(b) The site has not maintained a required state permit.

(c) The site has not operated legally within 5 years before the date of adoption of the Management Plan.

(8) Uses involving the exploration, development or production of sand, gravel or crushed rock in the Special Management Area may continue when:

(a) The sand, gravel, or crushed rock is used for construction or maintenance of roads used to manage or harvest forest products in the Special Management Area.

(b) A determination by the Forest Service finds that the use does not adversely affect the scenic, cultural, natural or recreation resources.

(9) Except as otherwise provided, whether a use has a vested right to continue will be determined by the law on vested rights in the appropriate state.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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