WSR 18-18-008
[Filed August 23, 2018, 2:14 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Legal descriptions of boundaries for maps of the Columbia River Gorge National Scenic Area Act.
Hearing Location(s): On November 13, 2018, at 9:00 a.m., at Skyline Hospital, 211 N.E. Skyline Drive, White Salmon, WA 98672. Note: the time is the start time for the commission's meeting. The meeting agenda, which will have the hearing time, will be available approximately one week prior to the hearing date.
Date of Intended Adoption: November 13, 2018.
Submit Written Comments to: Jeffrey B. Litwak, Counsel, P.O. Box 730, White Salmon, WA 98672, email, by October 31, 2018. Note: Comments submitted prior to October 31, 2018, will be addressed in a staff report. The commission accepts written and oral comments until the close of the rule-making hearing.
Assistance for Persons with Disabilities: Contact Nancy Andring, phone 509-493-3323, email, by November 6, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule adopts legal boundary descriptions for the exterior boundary and special management area 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.
Reasons Supporting Proposal: Congress provided maps of exterior and special management area boundaries with the National Scenic Area Act. The National Scenic Area Act states that the boundaries are "generally depicted." The maps were not as precise as needed for making planning and land development decisions on individual parcels. To date, the commission and United States Forest Service have interpreted those maps as needed, which has led to litigation and claims of inconsistent procedure and outcome. Previously, the commission adopted legal descriptions of the thirteen urban areas. This rule making adopts similar descriptions with the same intent of reducing litigation and increasing consistency in surveying urban area boundaries on individual parcels..
Statutory Authority for Adoption: RCW 43.97.015; ORS 196.150; 16 U.S.C. § 544b (a), (b), (e).
Statute Being Implemented: RCW 43.97.015; ORS 196.150; 16 U.S.C. § 544b (a), (b), (e).
Rule is necessary because of federal law, [no further information supplied by agency].
Name of Proponent: Columbia River Gorge Commission, governmental.
Name of Agency Personnel Responsible for Drafting: Jeffrey B. Litwak, Counsel, White Salmon, Washington 98672, 509-493-3323; Implementation and Enforcement: Krystyna Wolniakowski, Executive Director, White Salmon, Washington 98672, 509-493-3323.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt under RCW 34.05.328(5), including, but not limited to, RCW 34.05.328 (5)(b)(iii). This rule adopts without material change 16 U.S.C. § 544b (a), (b), and (e).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Explanation of exemptions: This rule adopts without material change 16 U.S.C. § 544b (a), (b), and (e).
August 23, 2018
Nancy A. Andring
Rules Coordinator
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 18-20 issue of the Register.