40.240.060 Expedited Development Review Process
A. Development Eligible for Expedited Review.
The following development may be reviewed using the expedited development review process, provided they comply with the resource protection and procedural guidelines contained in this section.
1. Except in Open Space, accessory structures between sixty (60) and two hundred (200) square feet in area and ten (10) feet or less in height. Only one (1) accessory building per parcel may be allowed under this guideline, regardless of whether the parcel already includes an accessory building(s). Additional accessory buildings shall be subject to full review. This category does not include signs, decks, fences, outdoor lights, retaining walls, transportation facilities, or utility facilities.
2. Additions and covered decks for existing buildings provided the existing building is at least five hundred (500) square feet in area and the addition or covered deck is no larger than two hundred (200) square feet in area and no taller than the height of the existing building. Only one (1) addition and one (1) covered deck per parcel may be allowed under this guideline, regardless of whether the parcel already includes an addition or covered deck.
3. Rail, solid or semi-solid fences accessory to existing dwellings less than or equal to six (6) feet in height and less than or equal to one hundred (100) feet in length.
4. Wire-strand fences other than those allowed outright, provided the fence complies with Section 40.240.860(G) if it is inside deer and elk winter range as delineated in the Gorge Commission and Forest Service natural resource data or determined by an appropriate federal or state agency.
5. In the GMA, woven-wire fences for agricultural use that would enclose eighty (80) acres or less.
6. Decks that are:
a. Uncovered;
b. Attached and accessory to existing dwellings; and
c. Five hundred (500) square feet or less in area and thirty (30) inches or less in height above existing grade.
7. Road closure gates.
8. Signs, other than those allowed outright.
9. Outdoor lights.
10. Air, weather, water and other similar research and monitoring facilities, provided the facilities are attached to existing structures or are less than or equal to one hundred twenty (120) square feet in size and less than or equal to twelve (12) feet in height.
11. Lot line adjustments in the GMA that would not result in the potential to create additional parcels through subsequent land divisions, pursuant to Section 40.240.380, except all lot line adjustments for parcels designated Open Space, Public Recreation, or Commercial Recreation shall be reviewed through the full development review process.
12. Lot line adjustments in the SMAs are subject to the SMA lot line adjustment standards of Section 40.240.380(B).
13. Removal/demolition of structures that are less than fifty (50) years old, including wells, septic tanks and fuel tanks.
14. Decommission nonpaved roads, including ripping the road surface, barriers, and revegetation.
15. Trail reconstruction involving up to one thousand (1,000) feet of trail re-routing.
16. The following transportation facilities, provided they are not a part of larger construction or reconstruction projects (which shall be reviewed as a whole):
a. New traffic barriers and guardrail ends, other than those allowed outright, and new wire-strand and woven-wire access control fences. This category does not include jersey barriers.
b. New traffic detection devices, vehicle weighing devices, and signal boxes less than or equal to one hundred twenty (120) square feet in size and less than or equal to twelve (12) feet in height. This category does not include signs.
c. Pave existing dirt and gravel roads; provided, that the activity does not increase the width of the road or disturb the toe of adjacent embankments, slopes or cut banks.
d. New weather, air, traffic or other monitoring equipment attached to existing structures or that are less than or equal to one hundred twenty (120) square feet in size and less than or equal to twelve (12) feet in height.
17. New underground utility facilities located inside road, utility or railroad rights-of-way or easements that have been disturbed in the past; provided, that (a) no ditch for linear facilities would be more than thirty-six (36) inches wide, and (b) no excavation for nonlinear facilities would exceed twenty (20) cubic yards.
18. The following aboveground and overhead utility facilities:
a. Modify existing aboveground and overhead utility facilities or develop new aboveground and overhead utility facilities including building and equipment foundations, poles, transformers, conduit, fencing, pumps, valves, pipes, and water meters; provided, that the development would be less than or equal to one hundred twenty (120) square feet in area and less than or equal to twelve (12) feet in height.
b. Replace existing aboveground and overhead utility facilities including building and equipment foundations, poles, transformers, conduit, fencing, pumps, valves, pipes, and water meters; provided, that the replacement facilities would be in the same location as and no more than fifteen percent (15%) larger than the physical size of the existing facilities.
c. New antennas and associated support structures necessary for public service on existing wireless communication poles and towers other than those allowed outright; provided, that the size is the minimum necessary to provide the service.
19. Replacing an existing mobile home in a mobile home space within a mobile home park; provided, that:
a. The mobile home to be replaced, the mobile home space and the mobile home park shall be existing, lawful uses according to the definition of existing use or structure and Sections 40.240.170(A) through (D);
b. The replacement mobile home shall be in the same location as the mobile home to be replaced;
c. The height of the replacement mobile home shall be no more than twenty percent (20%) greater than the mobile home to be replaced; and
d. The mass and footprint of the replacement mobile home shall be no more than one hundred percent (100%) greater than a single-wide mobile home to be replaced or no more than twenty-five percent (25%) greater than a double-wide mobile home to be replaced.
20. Retaining walls accessory to existing dwellings less than or equal to two (2) feet in height and less than or equal to one hundred (100) feet in length.
21. In the SMAs, wind machines for frost control in conjunction with agricultural use.
22. Additions to existing buildings or structures that generate solar power for approved uses; provided, that the panels and hardware are nonreflective black or dark earth tone colors and do not increase the overall roof height. This category does not include freestanding solar arrays, which are subject to full review as new structures under the guidelines in “Renewable Energy Production” (Part II, Chapter 7: General Policies and Guidelines).
(Amended: Ord. 2008-06-02)
B. Resource and Treaty Rights Protections Guidelines.
Proposed development reviewed using the expedited review process shall comply with the following resource protection guidelines:
1. Scenic Resources.
a. In the GMA, the scenic resource protection guidelines shall not apply to woven-wire fences for agricultural use that would enclose eighty (80) acres or less.
b. Except for signs, the colors of structures topographically visible from key viewing areas shall be dark earth tones found at the specific site or the surrounding landscape. The specific colors approved by the responsible official shall be included as a condition of approval. This guideline shall not apply to additions to existing buildings smaller in total area than the existing building, which may be the same color as the existing building.
c. Except for signs, structures topographically visible from key viewing areas shall use low or nonreflective building materials, including roofing, gutters, vents, and chimneys.
d. Any exterior lighting shall be directed downward and sited, limited in intensity, hooded, and shielded in a manner that prevents lights from being highly visible from key viewing areas and from noticeably contrasting with the surrounding landscape setting, except for road lighting necessary for safety purposes. Shielding and hooding materials shall be composed of nonreflective, opaque materials.
e. Signs shall comply with Section 40.240.300.
f. Structures within one-half (1/2) mile of a key viewing area and topographically visible from the key viewing area shall be sited, screened and designed to achieve the applicable scenic standard (e.g., visual subordinance, not visually evident).
2. Cultural Resources.
a. The expedited development review process shall only be used to review proposed development that does not require a reconnaissance survey or historic survey, pursuant to Sections 40.240.820(A)(3) and (4).
b. The GMA guidelines that protect cultural resources and human remains discovered during construction (Sections 40.240.820(F) and (G)) shall be applied as conditions of approval for all development approved under the expedited development review process.
3. Recreation Resources. The development shall not detract from the use and enjoyment of established recreation sites on adjacent parcels.
4. Natural Resources.
a. Water Resources (Wetlands, Streams, Ponds, Lakes, and Riparian Areas). The development is outside water resources and their buffer zones. This guideline shall not apply to lot line adjustments or development located inside road, utility or railroad rights-of-way or easements that have been previously disturbed and regularly maintained.
b. Sensitive Wildlife and Rare Plants.
(1) The development meets one (1) of the following:
(a) The development is at least one thousand (1,000) feet from known priority habitats or sensitive wildlife sites (excluding sensitive aquatic species, and deer and elk winter range) and known rare plants; or
(b) The development does not disturb the ground or is inside road, utility or railroad rights-of-way or easements or other areas that have been previously disturbed and regularly maintained; or
(c) For sensitive wildlife, the development is within one thousand (1,000) feet of known priority habitats or sensitive wildlife sites (excluding sensitive aquatic species, and deer and elk winter range), but an appropriate federal or state wildlife agency determines (1) the priority habitat or sensitive wildlife site is not active, or (2) the proposed development would not compromise the integrity of the priority habitat or sensitive wildlife site or occur during the time of the year when wildlife species are sensitive to disturbance;
(d) For rare plants, the development is within one thousand (1,000) feet of known rare plants, but the Washington Natural Heritage Program or a person with recognized expertise in botany or plant ecology hired by the applicant has determined that the development would be a least two hundred (200) feet from the rare plants.
(2) Development eligible for expedited review shall be exempt from the field survey requirements for sensitive wildlife (Section 40.240.860(C)) or rare plants (Section 40.240.870(C)).
(Amended: Ord. 2008-06-02)
C. Treaty Rights Protection Guidelines.
Proposed development reviewed using the expedited review process shall comply with the following treaty rights guidelines:
1. Proposed development shall not affect or modify any treaty or other rights of any Indian tribe.
2. The expedited development review process shall cease and the proposed development shall be reviewed using the full development review process if a tribal government submits substantive written comments during the comment period that identify the treaty rights that exist in the project vicinity and explain how they would be affected or modified by the proposed development.
3. Except as provided in subsection (C)(2) of this section, the GMA and SMA treaty rights and consultation goals, policies and guidelines in Part IV, Chapter 3, Tribal Treaty Rights and Consultation, shall not apply to proposed developments reviewed under the expedited review process.
D. Procedure for Expedited Review Process.
1. Applications.
a. Prior to initiating any use or development, which requires review and approval by the responsible official or examiner, an application shall be completed pursuant to this section.
b. The responsible official shall accept and review the application pursuant to this section for consistency with the appropriate guidelines.
c. Standard application forms shall be available from the department, and shall be provided to the county offices for which this chapter is effective and the Forest Service.
d. Applications for uses eligible for expedited review shall include the information required for review uses listed in Section 40.240.050. 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 Applications. Applications shall be accepted pursuant to Section 40.510.020(A) through (C) or 40.510.030(A) through (C).
3. Notice of Development Review.
a. Within seven (7) days of the acceptance of an application, the responsible official shall issue notice of a proposed development review. The notice shall provide the following information:
(1) The name of the applicant;
(2) The general and specific location of the subject property;
(3) A brief description of the proposed action;
(4) The deadline for rendering an administrative or examiner’s decision; and
(5) 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 county during normal working hours.
c. The notice shall state the applicant must comply with all applicable local, state, and federal laws.
d. The notice and a fully complete application packet shall be sent to the Gorge Commission, Forest Service, and the four (4) Columbia River treaty tribes. The notice shall be sent to applicable county or city planning office(s), libraries and other agencies and interested parties that request a notice or that the responsible official determines should be notified.
4. Comment Period. Any interested person or party shall submit written comments within ten (10) days from the date a notice is sent. Comments received by a tribal government at any time during the expedited review process shall be considered, to ensure that the proposed development or use does not affect or modify the treaty or other rights of that tribe.
5. Written Administrative or Examiner’s Decision.
a. In making an administrative or examiner’s decision on a proposed use or development the responsible official or examiner shall:
(1) Consult with the applicant and such agencies as the responsible official deems appropriate;
(2) Consider information submitted by the applicant and all other relevant information available;
(3) Consider all comments submitted pursuant to Section 40.240.050; and
(4) Solicit and consider the comments of the Forest Service.
b. The responsible official shall approve a proposed use or development only if it is consistent with the standards applicable to the property that is subject to the proposed use or development and the purposes of the National Scenic Act.
(1) In approving a proposed development action, the responsible official or examiner may impose conditions as necessary to ensure consistency with the guidelines of this chapter.
(2) 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 administrative or examiner’s decision shall include this requirement.
c. The responsible official or examiner shall issue an administrative or examiner’s decision on a proposed use or development including findings of fact and conclusions of law and any conditions to ensure consistency with standards applicable to the property that is subject to the proposed use or development and the purposes of the National Scenic Act within the timeframes outlined in Chapter 40.510.
d. The administrative or examiner’s decision shall be dispositive unless a notice of appeal is filed in accordance with Section 40.510.020(H) or 40.510.030(I). An applicant who chooses to proceed with an approved development during the appeal period shall assume all associated risks and liabilities.
6. Notice of Administrative or Examiner’s Decision and Opportunity to Appeal.
a. The responsible official shall send a copy of an administrative or examiner’s decision issued under the expedited review process to the four (4) tribal governments, the Gorge Commission, the Forest Service, and landowners within two hundred (200) feet of the perimeter of the subject parcel.
b. Any person wishing to appeal an administrative or examiner’s decision issued under the expedited review process shall do so pursuant to Section 40.240.050(I).
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 in Section 40.240.050(H).
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 in Section 40.240.050(J).
(Amended: Ord. 2006-05-04; Ord. 2006-08-21; Ord. 2021-12-02)