OAR 350-081-0054
Procedures for Expedited Review Process

(1)

Applications

(a)

Prior to initiating any use or development which requires review and approval by the Executive Director, an application shall be completed pursuant to 350-081-0054 (Procedures for Expedited Review Process).

(b)

The Executive Director shall accept and review the application pursuant to 350-081-0054 (Procedures for Expedited Review Process) for consistency with the appropriate guidelines of this rule.

(c)

The Commission may charge a fee for review of applications after a public hearing. The Gorge Commission shall set the fee.

(d)

Standard application forms shall be available at the Commission Office, and shall be provided to county and city planning offices for which this ordinance is effective and the Forest Service.

(e)

Applications for uses eligible for expedited review shall include the information required for review uses listed in 350-081-0032 (Application for Review and Approval)(5). They shall also include elevation drawings if the proposed development would be visible from a key viewing area. The drawing shall show natural grade and finished grade.

(2)

Acceptance of Application

(a)

The Executive Director shall review the application for completeness, and if complete, shall accept the application for review.

(b)

No application shall be accepted until all documented omissions and deficiencies have been corrected by the applicant. The Executive Director shall notify the applicant of all omissions and deficiencies in writing. The Executive Director shall review supplemental application materials to determine if the application is complete.

(c)

As a goal, the Executive Director shall attempt to accept the application as complete or notify the applicant of omissions and deficiencies in writing within 14 days of receipt of the application. The Executive Director shall attempt to review supplemental application materials within 14 days of receipt of the materials.

(3)

Notice of Development Review

(a)

Within 7 days of the acceptance of an application, the Executive Director shall issue notice of a proposed development review. The notice shall provide the following information:

(A)

The name of the applicant;

(B)

The general and specific location of the subject property;

(C)

A brief description of the proposed action;

(D)

The deadline for issuing a decision; and

(E)

The deadline for filing comments on the proposed action.

(b)

The notice shall state that the application and supporting documents are available for inspection at the Commission office during normal working hours.

(d)

The notice shall be mailed to the Forest Service, the four Indian tribal governments, applicable county or city planning office(s), and other agencies and interested parties that request a notice or that the Executive Director determines should be notified.

(e)

A copy of the notice shall be posted on the Commission’s website.

(4)

Comment Period: Any interested person or party shall submit written comments within 10 days from the date a notice is sent.

(5)

Written Decision

(a)

In making a decision on a proposed use or development the Executive Director shall:

(A)

Consult with the applicant and such agencies as the Executive Director deems appropriate;

(B)

Consider information submitted by the applicant and all other relevant information available;

(C)

Consider all comments submitted pursuant to 350-081-0054 (Procedures for Expedited Review Process)(4); and

(D)

Solicit and consider the comments of the Forest Service.

(b)

The Executive Director shall approve a proposed use or development only if it is consistent with the standards of section 6 and the purposes of P.L. 99-663 and Commission Rule 350-81.

(A)

In approving a proposed development action, the Executive Director may impose conditions as necessary to ensure consistency with the guidelines of Commission Rule 350-81.

(B)

Conditions attached to approval of a proposed development action shall be recorded in county deeds and records to ensure notice of the conditions to successors in interest. The Executive Director’s decision shall include this requirement.

(c)

The Executive Director shall issue a decision on a proposed use or development including findings of fact and conclusions of law and any conditions to ensure consistency with the standards of section 6 and the purposes of P.L. 99-663 and Commission Rule 350-81. As a goal, the Executive Director shall attempt to issue a decision within 30 days after acceptance of the application.

(d)

The decision of the Executive Director shall be final unless a Notice of Appeal is filed in accordance with Commission Rule 350-70. An applicant who chooses to proceed with an approved development during the appeal period shall assume all associated risks and liabilities.

(6)

Notice of Decision and Opportunity to Appeal

(a)

The Executive Director shall send a copy of a decision issued under the expedited review process to the four Indian tribal governments, the Forest Service, landowners within 200 feet of the perimeter of the subject parcel, and anyone who submitted comments pursuant to 350-081-0054 (Procedures for Expedited Review Process)(4).

(b)

Any person shall be allowed to appeal a decision issued under the expedited review process in accordance with Commission Rule 350-70.

(7)

Expiration of Approvals. Approvals issued under the expedited review process shall expire in accordance with the standards for expiration of approvals for review uses (Commission Rule 350-081-0044 (Expiration of Approvals), above).

(8)

Changes or Alterations to an Approved Action. Changes or alterations to an approval issued under the expedited review process shall be made in accordance with the standards for changes or alterations to approved actions for review uses (Commission Rule 350-081-0046 (Changes or Alterations to an Approved Action), above).

(9)

The time periods in this rule are effective retroactively to all expedited review applications that have been submitted to the Commission and for which the Executive Director has not made a decision.

Source: Rule 350-081-0054 — Procedures for Expedited Review Process, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=350-081-0054.

350–081–0010
Purposes and Applicability 350–081–0012
Affected Area 350–081–0014
Maps 350–081–0016
Review and Approval Required 350–081–0018
Uniform Application of Management Plan 350–081–0020
Definitions 350–081–0030
Standards for Applications 350–081–0032
Application for Review and Approval 350–081–0034
Pre-Application Conference 350–081–0036
Acceptance of Application 350–081–0038
Notice of Development Review 350–081–0040
Comment Period 350–081–0042
Decision of the Executive Director 350–081–0044
Expiration of Approvals 350–081–0046
Changes or Alterations to an Approved Action 350–081–0050
Development Eligible for Expedited Review 350–081–0052
Resource and Treaty Rights Protections Guidelines 350–081–0054
Procedures for Expedited Review Process 350–081–0060
Emergency/Disaster Response Actions 350–081–0070
Exempt Land Uses and Activities 350–081–0072
Prohibited Land Uses and Activities 350–081–0074
Uses Allowed Outright 350–081–0076
Agricultural Buffer Zones in the General Management Area 350–081–0078
Variances 350–081–0080
Applying New Less-Stringent Regulations to Development Approved Under Prior Scenic Area Regulations 350–081–0082
Existing Uses and Discontinued Uses 350–081–0084
Indian Tribal Treaty Rights and Consultation 350–081–0086
Buffers from Existing Recreation Sites 350–081–0090
Agricultural Buildings 350–081–0092
Temporary Use — Hardship Dwelling 350–081–0094
Sewer and Water Services 350–081–0096
Docks and Boathouses 350–081–0098
Home Occupations and Cottage Industries 350–081–0100
Bed and Breakfast Inns 350–081–0102
Small-Scale Fishing Support and Fish Processing Operations 350–081–0104
Resource Enhancement Projects 350–081–0106
Disposal Sites for Spoil Materials from Public Road Maintenance Activities 350–081–0108
Commercial Events 350–081–0110
Columbia River Bridge Replacement 350–081–0112
Signs 350–081–0114
Special Uses in Historic Buildings 350–081–0120
Consolidation of Lots 350–081–0124
Land Divisions and Cluster Development 350–081–0126
Lot Line Adjustments 350–081–0170
Agricultural Land Designations 350–081–0180
Uses Allowed Outright — Agricultural Land 350–081–0182
Uses Allowed through the Expedited Development Review Process — Agricultural Land 350–081–0190
Review Uses — Agricultural Land 350–081–0200
Review Uses with Additional Approval Criteria — Large-Scale or Small-Scale Agriculture 350–081–0210
Approval Criteria for Life Estates — Large-Scale or Small-Scale Agriculture Designations 350–081–0220
Approval Criteria for Specified Review Uses on Lands Designated Large-Scale or Small-Scale Agriculture 350–081–0230
Uses Allowed Outright for Lands Designated Agriculture — Special 350–081–0231
Uses Allowed through the Expedited Development Review Process — Agriculture-Special 350–081–0232
Review Uses for Lands Designated Agriculture-Special 350–081–0234
Approval Criteria for Review Uses on Lands Designated Agriculture-Special 350–081–0236
Uses Prohibited on Lands Designated Agriculture-Special 350–081–0240
Range Conservation Plans 350–081–0250
Forest Land Designations 350–081–0260
Uses Allowed Outright — Forest Land 350–081–0262
Uses Allowed through the Expedited Development Review Process — Forest Land 350–081–0270
Review Uses — Forest Land 350–081–0280
Review Uses with Additional Approval Criteria — Commercial Forest Land, or Large or Small Woodland Designations 350–081–0290
Approval Criteria for Specified Review Uses on Lands Designated Commercial Forest Land or Large or Small Woodland 350–081–0300
Approval Criteria for Fire Protection in GMA Forest Designations 350–081–0310
Approval Criteria for Siting of Dwellings on Forest Land in the GMA 350–081–0320
Approval Criteria for Life Estates in Commercial Forest Land or Small or Large Woodland 350–081–0330
Open Space Designations 350–081–0335
Uses Allowed Outright — Open Space 350–081–0338
Uses Allowed through the Expedited Development Review Process — Open Space 350–081–0340
Review Uses — Open Space 350–081–0350
Residential Land Designations 350–081–0360
Uses Allowed Outright — Residential Land 350–081–0365
Uses Allowed through the Expedited Development Review Process — Residential Land 350–081–0370
Review Uses — Residential Land 350–081–0380
Review Uses with Additional Approval Criteria — Residential Land 350–081–0390
Approval Criteria for Specified Review Uses on Lands Designated Residential 350–081–0400
Rural Center 350–081–0410
Uses Allowed Outright — Rural Center 350–081–0415
Uses Allowed through the Expedited Development Review Process — Rural Center 350–081–0420
Review Uses — Rural Center 350–081–0430
Commercial Land 350–081–0440
Uses Allowed Outright — Commercial Designations 350–081–0445
Uses Allowed through the Expedited Development Review Process — Commercial Designations 350–081–0450
Review Uses — Commercial Designations 350–081–0460
Approval Criteria for Review Uses on Lands Designated on Lands Designated Commercial 350–081–0470
Recreation 350–081–0480
Uses Allowed Outright — Public Recreation and Commercial Recreation 350–081–0485
Uses Allowed through the Expedited Development Review Process — Public Recreation and Commercial Recreation 350–081–0490
Review Uses — Public Recreation and Commercial Recreation 350–081–0500
Approval Criteria for Non-Recreation Uses in GMA-Public Recreation Designations 350–081–0510
Approval Criteria for Non-Recreation Uses in GMA-Commercial Recreation Designations 350–081–0520
General Management Area Scenic Review Criteria 350–081–0530
Special Management Area Scenic Review Criteria 350–081–0540
General Management Area Cultural Resource Review Criteria 350–081–0550
Special Management Area Cultural Resource Review Criteria 350–081–0560
General Management Area Wetland Review Criteria 350–081–0570
General Management Area Stream, Pond, Lake and Riparian Area Review Criteria 350–081–0580
General Management Area Sensitive Wildlife Review Criteria 350–081–0590
General Management Areas Rare Plant Review Criteria 350–081–0600
Special Management Areas Natural Resource Review Criteria 350–081–0610
General Management Areas Recreation Resource Review Criteria 350–081–0620
Special Management Area Recreation Resource Review Criteria 350–081–0630
Notice of Application Requirements
Last Updated

Jun. 8, 2021

Rule 350-081-0054’s source at or​.us