Or. Admin. Code § 350-082-0160 - Expiration of National Scenic Area Approvals
(1) Notice Not Required: Expiration of any
Executive Director decision issued pursuant to this land use ordinance is
automatic. The Executive Director does not notify applicants or landowners of
decisions that are expired or may be close to expiring.
(2) National Scenic Area Approvals without
Structures: An Executive Director's decision for a use or development that does
not include a structure shall expire two years after the date the approval was
granted, unless the use or development was established according to all
specifications and conditions of approval in the approval. For land divisions,
"established" means the final deed or plat has been recorded with the county
recorder or auditor.
(3) National
Scenic Area Approvals with Structures: An Executive Director's decision for a
use or development that includes a structure shall expire as follows:
(a) When construction has not commenced
within two years of the date the approval was granted; or
(b) When the structure has not been completed
within two years of the date of commencement of construction.
(4) Commencement of Construction:
As used in subsection (3)(a) above, commencement of construction means
construction of the foundation or frame of the approved structure. For
utilities and development without a frame or foundation, commencement of
construction means construction of support structures for an approved above
ground utility or development or actual excavation of trenches for an approved
underground utility or development. For roads, commencement of construction
means grading of the roadway.
(5)
Completion of Structure: As used in subsection (3)(b) above, completion of the
structure means completion of the exterior surface(s) of the structure and
compliance with all conditions of approval in the National Scenic Area
approval.
(6) Extension of Validity
of National Scenic Area Approvals: A request for extension of the time frame in
section (2) or (3) above, shall be submitted in writing before the applicable
expiration date.
(a) The Executive Director
may grant one 12-month extension to the validity of a National Scenic Area
approval if they determine that events beyond the control of the applicant
prevented commencement of the use or development (applicable to section (2)
above) or commencement of construction (applicable to subsection (3)(a) above)
within the original two-year time frame.
(b) The Executive Director may also grant one
12-month extension if they determine that events beyond the control of the
applicant prevented completion of the structure (applicable to subsection
(3)(b) above) within the original two-year time frame.
(c) The extension is good for 12 months from
the date of the original expiration (not the date the extension was requested
or granted and not the commencement of construction, or any other date or
milestone).
(d) A request for
extension shall state the reason why events beyond the control of the applicant
warrant an extension.
(e) Approval
or denial of a request for extension shall be considered an administrative
decision.
(7) Vested
Rights: The laws of the states of Oregon and Washington concerning vested
rights shall not apply in the National Scenic Area. A person has a vested right
for as long as the National Scenic Area approval does not expire.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.