WSR 17-06-048

PERMANENT RULES

[Filed February 27, 2017, 4:28 p.m., effective April 1, 2017]

Effective Date of Rule: April 1, 2017.

Purpose: This rule adopts legal descriptions for the urban areas designated in the Columbia River Gorge National Scenic Area, 16 U.S.C. § 544b(e). The rule does not change the National Scenic Area Act, it 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 urban areas. Where the legal descriptions differ from a prior interpretation of an urban area boundary, the legal 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 urban area boundary; changes to urban area boundaries may only occur in accordance with 16 U.S.C. § 544b(f) (commonly referred to as "4(f)").

Citation of Existing Rules Affected by this Order: Repealing 350-81-017.

Statutory Authority for Adoption: RCW 43.97.015, ORS 197.150, 16 U.S.C. § 544b(e).

Adopted under notice filed as WSR 16-24-063 on December 5, 2016.

Changes Other than Editing from Proposed to Adopted Version: Some of the angle points were renumbered to make them sequential; some of the courses had wording changes for clarification, uniformity of syntax and phrases, and correcting typos; and some of the footnotes were edited for consistency with the revisions to the wording in the courses.

Number of Sections Adopted in Order to Comply with Federal Statute: New 6, Amended 0, Repealed 1; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 6, Amended 0, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 6, Amended 0, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 14, 2017.

Nancy A. Andring

Rules Coordinator