72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 310
 
Sponsored by Senator FERRIOLI; Senator METSGER
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to land use regulation in Columbia River Gorge National
  Scenic Area; creating new provisions; and amending ORS 196.110.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 196.110 is amended to read:
  196.110. (1) Notwithstanding any provision   { - of - }
 { + setting forth criteria or conditions for approval of a
permit or requiring action by the county in + } ORS chapter 92,
195, 196, 197 or 215 or { +  in a + } local ordinance or charter,
a county may deny any permit or otherwise refuse to take any
action that is inconsistent with the purposes and standards as
provided in sections 3 and 6(d) of the Columbia River Gorge
National Scenic Area Act, P.L. 99-663,   { - the interim
guidelines - }  or the scenic area management plan adopted
pursuant to the Columbia River Gorge National Scenic Area Act,
P.L. 99-663.   { - If a county chooses to exercise this authority
the - }  { + When taking action on a permit application, a + }
county shall follow procedures consistent with  { + the
procedures set out in + } ORS 215.402 to 215.438 { +  and shall
comply with the time limitations set out in ORS 215.427 + }. The
authority of a county to deny a permit or otherwise take action
under this section shall be in addition to and not in lieu of any
other authority for denial that may be exercised by the county
pursuant to the provisions of ORS chapters 195, 196 and 197. Any
action of a county taken pursuant to this subsection shall be
appealed to the Columbia River Gorge Commission as provided in
section 15(a)(2) of the Columbia River Gorge National Scenic Area
Act, P.L. 99-663.
  (2) Notwithstanding any other provision of law, a state agency
 { - shall - }   { + may not + } take   { - no - }  action that
must be reviewed for compatibility with an acknowledged
comprehensive plan or land use regulation in the Columbia River
Gorge National Scenic Area until the agency determines through
written findings that the action is consistent with the purposes
and standards as provided in sections 3 and 6(d) of the Columbia
River Gorge National Scenic Area Act, P.L. 99-663, and the
interim guidelines or the scenic area management plan.
  (3) A state agency may seek any of the administrative or
judicial remedies or participate in any proceeding provided by
the Columbia River Gorge National Scenic Area Act, P.L. 99-663.
  (4) The provisions of ORS 197.180 do not apply to the Columbia
River Gorge Commission.
 
 
 
Enrolled Senate Bill 310 (SB 310-INTRO)                    Page 1
 
 
 
  SECTION 2.  { + The amendments to ORS 196.110 by section 1 of
this 2003 Act apply to an application, for a permit or other
action, that is submitted to the county on or after the effective
date of this 2003 Act. + }
                         ----------
 
 
Passed by Senate March 27, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 14, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 310 (SB 310-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 310 (SB 310-INTRO)                    Page 3