WSR 11-21-002




[ Filed October 5, 2011, 3:07 p.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: Proposed rule revising dates and notice requirements for development review decisions and incorporating SMA changes.

     Hearing Location(s): Hood River Best Western Inn,

1108 East Marina Way, Hood River, OR 97031, on February 14, 2012, at 9:00 a.m.

     Date of Intended Adoption: February 14, 2012.

     Submit Written Comments to: Jill Arens, Executive Director, P.O. Box 730, White Salmon, WA 98672, e-mail, fax (509) 493-2229, by January 30, 2012.

     Assistance for Persons with Disabilities: Contact Nancy Andring by January 30, 2012.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule modifies the due date for development review decisions from the executive director of the Gorge Commission. The proposed rule does not propose new hard time periods, but rather sets the current fourteen day and seventy-two day time periods as goals. The executive director anticipates meeting these time periods in most cases, but needs the flexibility of surpassing them to manage overall workload and staff resources. The proposed rule also eliminates the requirement that the commission publish notices of development review applications in the local newspaper and send a notice to the local library. Finally, the proposed rule incorporates changes to the management plan for the special management areas that the forest service provided to the commission in 2011 and the commission adopted without change.

     Reasons Supporting Proposal: The commission's 2011-2013 budget has forced the commission to reduce staff. As a result, the executive director can no longer assure that she can review applications for completeness within fourteen days or issue standard development review decisions within seventy-two days or expedited review applications within thirty days, which the commission's rules specify. The change to the development review notice requirements saves money, and the changes to the SMA provisions are required by federal law, 16 U.S.C. §§ 544d (c)(5)(A), 544f(1).

     Statutory Authority for Adoption: ORS 196.150.

     Statute Being Implemented: ORS 196.150; 16 U.S.C. § 544e (c)(1); RCW 43.97.015.

     Rule is necessary because of federal law, 16 U.S.C. §§ 544d (c)(5)(A), 544f(1).

     Name of Proponent: Columbia River Gorge Commission, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jill Arens, Executive Director, P.O. Box 730, White Salmon, WA, (509) 493-3323.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed amendments do not add substantive regulations. Most of the proposed amendments govern commission procedures and will not have any effect on small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. The proposed amendments govern only commission procedures and are exempt pursuant to RCW 34.05.328 (5)(b)(ii).

October 5, 2011

Nancy A. Andring

Administrative Assistant

     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 11-23 issue of the Register.

© Washington State Code Reviser's Office