Chapter 22.02
GENERAL PROVISIONS
Sections:
22.02.040 Substantive authority.
22.02.080 Relationship to other laws.
22.02.090 Coordination of review and permitting process.
22.02.010 General title.
The document codified in this title shall be known as and may be cited as Skamania County Code (SCC) Title 22, Columbia River Gorge National Scenic Area Code. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.020 Short title.
The document codified in the title may refer to itself internally as “this title,” Title 22, or SCC Title 22. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.030 Purpose.
The purpose of this title is to implement the management plan for the Columbia River Gorge National Scenic Area as adopted by the Columbia River Gorge Commission and concurred with by the United States Secretary of Agriculture, and as subsequently amended. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.040 Substantive authority.
The policies, standards, and regulations set forth in this title are adopted pursuant to the authority granted to the county under the Columbia River Gorge National Scenic Area Act and Chapter 43.97 RCW, and the management plan for the Columbia River Gorge National Scenic Area adopted by the Columbia River Gorge Commission, as it may be amended from time to time. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.050 Applicability.
This title applies to all lands in that portion of Skamania County lying within the Columbia River Gorge National Scenic Area, as generally depicted on the map entitled “Boundary Map, Columbia River Gorge National Scenic Area,” numbered NSA-001 sheets 1 and 2, dated September, 1986, and to no other lands within the county, and specifically excluding all urban areas shown on the same maps. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.060 Effective date.
This title shall become effective upon adoption by the Skamania County Board of County Commissioners, approved consistency review by the Columbia River Gorge Commission, and concurrence by the United States Secretary of Agriculture. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.070 Maps.
The land use designations, landscape settings, and recreation intensity classes maps adopted by the Columbia River Gorge Commission as part of the management plan for the Columbia River Gorge National Scenic Area are hereby incorporated by reference into this title. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.080 Relationship to other laws.
A. Regulation of activities under this title is accomplished through a complicated mix of federal, state and local statutes, ordinances, policies, regulations and agencies. The granting by Skamania County of any administrative decision under the provisions of this title does not negate requirements to obtain additional permits from other local, state and federal agencies or departments.
B. It is not the intent of this title to repeal, abrogate or impair any existing regulations, easements, covenants or deed restrictions. However, where this title imposes greater restrictions, the provisions of this title shall prevail. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.090 Coordination of review and permitting process.
All proposed development projects, not otherwise exempt by this title, which are located within the National Scenic Area, except urban areas, shall first complete the appropriate review process as provided in this title prior to completing other county level reviews, with the exception of any reviews required under the State Environmental Policy Act (SEPA). (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.110 Enforcement.
A. Any person or entity who knowingly violates any provision of this title, or any administrative decision, or order of the hearing examiner relating to this title, shall be guilty of a violation punishable by a fine of not to exceed five hundred dollars per violation. A violation will be deemed to occur for each day that the violation continues after the person has been notified by certified mail or personal service of the alleged violation.
B. In the event the administrator has sufficient basis to believe that a violation of this title has occurred, the administrator will notify the property owner and the violator (if they are not the same individual) of the alleged violation by certified mail or personal service and allow twenty days for the property owner and/or violator to respond. A notice of alleged violation shall contain substantially the following information:
1. The following shall appear at the top of the first page: “Notice of alleged violation”;
2. A brief description of the nature of the alleged violation;
3. The name of the county department and staff member to contact regarding the alleged violation;
4. The date the alleged violation letter was issued; and
5. That failure to correct the alleged violation or to contact the appropriate county department may result in a formal action to revoke any applicable permits and/or the imposition of a fine of up to five hundred dollars per violation, and/or any other appropriate legal action to address the violation.
C. In addition to any other legal remedies that may be available to the county to address the violation, any person that has been served a notice of alleged violation as provided in subsection (B) of this section may be cited into the Skamania County district court which shall have jurisdiction over all complaints involving alleged violations of this title. After conducting a hearing, the Skamania County district court may impose penalties as provided in subsection (A) of this section.
D. The imposition or the violator’s payment of a penalty shall not excuse the violation, or permit the violator to continue to violate this title. All persons shall be required to correct or remedy such violations or defects within a reasonable time as specified by the administrator. A violation will be deemed to occur for each day that the violation continues after the person has been notified, including but not limited to the time that the matter is pending before the Skamania County district court. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2007-02 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.120 Savings.
A. Nothing in this title shall:
1. Affect or modify any treaty or other rights of any Indian tribe;
2. Except as provided in Section 13(c) of the National Scenic Area Act, authorize the appropriation or use of water by any federal, state or local agency, Indian tribe or any other entity or individual;
3. Affect the rights or jurisdictions of the United States, the states, Indian tribes or other entities over waters of any river or stream or over any ground water resource or affect or interfere with transportation activities on any such river or stream;
4. Alter, establish or affect the respective rights of the United States, the states, Indian tribes, or any person with respect to any water or water-related right;
5. Alter, amend, repeal, interpret, modify or be in conflict with any interstate compact made by the state of Washington prior to November 17, 1986;
6. Affect or modify the ability of the Bonneville Power Administration to operate, maintain and modify existing transmission facilities;
7. Affect lands held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other lands acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of the Indian tribes and individual members of Indian tribes;
8. Affect the laws, rules and regulations pertaining to hunting and fishing under existing state and federal laws and Indian treaties;
9. Require any revision or amendment of any forest plan adopted pursuant to the National Forest Management Act of 1976, Public Law 94-588, as amended, 16 U.S.C. 1600 et seq.;
10. Establish protective perimeters or buffer zones outside of the Columbia River Gorge National Scenic Area; or
11. Affect the rights and responsibilities of nonfederal timberland owners under the Washington Forest Practices Act in general management areas. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.02.130 Severability.
If any provision of this title or its application to any person or circumstance is held invalid, the remainder of this title or the application of the provision to other persons or circumstances shall not be affected. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))