40.240.010 Purpose and Authority
The purpose of these regulations is to protect and provide for the enhancement of the scenic, cultural, recreational, and natural resources of the Columbia River Gorge, and to protect and support the economy of the Columbia River Gorge by allowing future economic development in a manner that enhances the scenic, cultural, recreational, and natural resources of the Gorge. These regulations are intended to be consistent with and implement the Management Plan for the Columbia River Gorge National Scenic Area (CRGSNA) adopted and amended by the Columbia River Gorge Commission. These regulations shall only apply to lands within the Clark County area within the National Scenic Area. If the provisions of this chapter differ from state law then the provisions of this chapter shall prevail. If conflicts occur between Chapter 40.240 and other Title 40 provisions, Chapter 40.240 shall prevail as to lands within the National Scenic Area, except when conflicts arise between buffer and/or riparian zone width requirements in Chapter 40.240 and Chapters 40.440 and 40.450, the broadest buffer and/or riparian zone width shall be required. The provisions of Chapter 40.240 shall provide the minimum protection of natural resources. Additional requirements providing greater levels of natural resources protection, pursuant to provisions of Chapters 40.440 and 40.450, shall be imposed.
A. Area Affected.
1. Chapter 40.240 shall:
a. Apply to all lands in Clark County, Washington within the Columbia River Gorge National Scenic Area as designated by the Columbia River Gorge National Scenic Area Act as may be amended;
b. Apply to all unincorporated lands within the National Scenic Area; and
c. Be applied by Clark County to the National Scenic Area within incorporated lands where authorized by state or federal law. Administration and enforcement of these incorporated areas may be subject to interlocal agreement between Clark County and the city of Washougal.
2. Those portions of Chapter 40.240 and any amendments thereto pertaining to the General Management Area (GMA) become effective once the Columbia River Gorge Commission finds it consistent with the Management Plan for the CRGNSA. Those portions of Chapter 40.240 and any amendments thereto pertaining to the Special Management Area (SMA) become effective when the Secretary of Agriculture concurs on the ordinances adopted by Clark County.
B. Review and Approval Required.
No building, structure or land shall be used and no building or structure shall be hereafter erected, altered or enlarged, including those proposed by state or federal agencies, in the Clark County portion of the Columbia River Gorge National Scenic Area except for the uses listed in this chapter, when considered under the applicable procedural and substantive guidelines of this chapter.
C. Uniform Application of Management Plan.
1. The Management Plan shall be applied consistent with and in the spirit of the National Scenic Area Act.
2. The Gorge Commission, Forest Service, and counties should strive to apply Management Plan provisions uniformly throughout the National Scenic Area, except when a county has adopted a more restrictive provision.
3. In applying provisions of the Management Plan, the Gorge Commission and Forest Service may consider, but shall not be constrained by, county interpretations, state interpretation and application of state law and administrative regulations, or judicial decisions that do not directly involve the Management Plan.
4. In reviewing and revising the Management Plan in 2020, the Gorge Commission and Forest Service used Webster’s Third New International Dictionary, unabridged (2002) for undefined terms. When interpreting the Management Plan and land use ordinances implementing the Management Plan, the Gorge Commission will use Webster’s Third New International Dictionary, unabridged (2002) for undefined terms. For terms that do not appear in this dictionary, the Gorge Commission will first consider the online (free) version of Merriam-Webster unabridged (currently at https://unabridged.merriam-webster.com/). For terms that do not appear in the online (free) version, the Gorge Commission will consider other available dictionaries.
(Amended: Ord. 2006-05-04; Ord. 2006-08-21; Ord. 2021-12-02)