PROPOSED RULES
GORGE COMMISSION
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: Repealing chapter 350-80 WAC, Former land use ordinance; chapter 350-20 WAC, Former development review procedures; WAC 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; new WAC 350-15-100; and amending WAC 350-81-046.
Hearing Location(s): Cascade Locks Port Pavilion, 355 WaNaPa Street, Cascade Locks, OR, on October 24, 2008, 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: October 14, 2008.
Submit Written Comments to: Jill Arens, Executive Director, P.O. Box 730, White Salmon, WA 98672, e-mail crgc@gorge.net, fax (509) 493-2229, by October 1, 2008.
Assistance for Persons with Disabilities: Contact Nancy Andring by October 7, 2008, (509) 493-3323.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to repeal 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 is amending one section to require changes to existing land use decisions comply with the current land use ordinance, which is the only land use ordinance that would remain after this proposal. Finally, the commission is repealing its existing public contracting provisions, which are out-of-date, and adopting a new public contracting provision that specifies the commission use Washington's public contracting laws, which is the commission's current practice.
Reasons Supporting Proposal: The rules proposed for repeal are no longer used. These repeals will save more than three hundred pages of printing.
Statutory Authority for Adoption: 16 U.S.C. § 544c(b); RCW 43.097.015 [43.97.015]; ORS 196.150.
Statute Being Implemented: 16 U.S.C. § 544c(b).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Columbia River Gorge Commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jill Arens, White Salmon, Washington, (509) 493-3323.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Repeal of these rules would not affect small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. The only substantive rule added is reference to Washington statues and is thus exempt under RCW 34.05.328 (5)(b)(iii).
July 1, 2008
Nancy A. Andring
Rules Coordinator
AMENDATORY SECTION350-81-046. 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.