WSR 26-10-027

PROPOSED RULES

COLUMBIA RIVER

GORGE COMMISSION

[Filed April 29, 2026, 9:07 a.m.]

Original Notice.

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Update open meetings, public records, conflicts of interest, administrative procedure rules, and land use ordinance.

Hearing Location(s): On July 14, 2026, at 8:30 a.m., via Zoom. Register online at https://us02web.zoom.us/webinar/register/WN_w8lz1iDRSXmvEOnyZ_1UMA. The hearing time shown is the beginning of the Columbia River Gorge Commission (commission) meeting. The estimated time of the hearing will be shown on the meeting agenda approximately one week prior to the meeting.

Date of Intended Adoption: July 14, 2026.

Submit Written Comments to: Krystyna Wolniakowski, P.O. Box 730, 57 N.E. Wauna Avenue, White Salmon, WA 98672, email info@gorgecommission.org, by July 14, 2026, 9:30 a.m. The commission will accept oral and written comments at the hearing. Written comments provided at least seven days in advance of the hearing will be provided to the members of the commission in advance of the hearing.

Assistance for Persons with Disabilities: Contact Connie Acker, phone 509-493-3323, email info@gorgecommission.org, by July 7, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Columbia River Gorge National Scenic Area Act requires the commission to adopt rules governing several subjects that must be consistent with the more restrictive of the statutory provision of Oregon or Washington (division 11, 12, 14, and 16). These rules are the commission's first significant update to its rules in several years. In addition, the commission is amending division 82 of the commission's rules (the commission's land use ordinance for the national scenic area) to incorporate an amendment to the management plan for the Columbia River Gorge national scenic area to assist landowners with recovery after a natural disaster.

Reasons Supporting Proposal: Divisions 11, 12, 14, and 16 are outdated and must be updated in accordance with 16 U.S.C. 544c(b). Division 82 must be amended to incorporate the recent amendment to the management plan relating to recovery from natural disasters in accordance with 16 U.S.C. 544e and 544f.

Statutory Authority for Adoption: RCW 43.97.015; Or. Rev. Stat. § 196.150; 16 U.S.C. § 544e(c); 16 U.S.C. § 544f(l).

Statute Being Implemented: RCW 43.97.015; Or. Rev. Stat. § 196.150; 16 U.S.C. § 544e(c); 16 U.S.C. § 544f(l)f.

Rule is necessary because of federal law, RCW 43.97.015; Or. Rev. Stat. § 196.150; 16 U.S.C. § 544e(c); 16 U.S.C. § 544f(l)f.

Name of Proponent: Columbia River Gorge Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Jeff Litwak, P.O. Box 730, White Salmon, WA, 509-493-3323; Implementation and Enforcement: Krystyna Wolniakowski, P.O. Box 730, White Salmon, WA, 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 proposal only applies requirements already existing in state law to the commission and incorporates requirements already adopted by the commission in an amendment to the management plan; this proposal does not add new substantive regulations.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: RCW 43.97.015; Or. Rev. Stat. § 196.150; 16 U.S.C. § 544c(b); 16 U.S.C. § 544e(c); 16 U.S.C. § 544f(l). If the commission does not adopt the updates to its open meetings public records, conflicts of interest, and administrative procedure rules, then it will be out of compliance with the requirement in the national scenic area to maintain these rules consistent with the more restrictive of Washington and Oregon statutes on these subjects. If the commission does not adopt the amendment to the management plan into its land use ordinance, then it will be out of compliance with the requirement in the Columbia River Gorge National Scenic Area Act to maintain a land use ordinance that is consistent with the management plan for the Columbia River Gorge national scenic area.

Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.

Explanation of exemptions: 16 U.S.C. §§ 544c(b), 544e, and 544f dictate that the commission must maintain its open meetings, public records, conflicts of interest, and administrative procedure rules consistent with the more restrictive of Washington and Oregon statutes on these subjects and that the land use ordinance must be consistent with the previously adopted management plan.

Scope of exemption for rule proposal:

Is fully exempt.

April 29, 2026

Connie Acker

Finance and Administration Manager