Gorge Commission finally passes disaster recovery amendment

The changes enable residents impacted by last summer’s wildfires to bypass a more arduous permitting process when rebuilding, but they aren’t in effect just yet.

While CRGC and the United States Forest Service (USFS) jointly regulate the National Scenic Area, they’re responsible for different classifications of land, general as opposed to special, that vary in terms of allowed uses and ecological sensitivity. Accordingly, both entities must produce separate amendments to be reviewed by United States Department of Agriculture Secretary Brooke Rollins, who has 90 days to concur, as stipulated in the 1986 founding legislation.

Provided that Rollins gives a favorable opinion, involved counties can immediately adopt the package, rather than having to update their respective land use ordinances, which would cause further delay. USFS officials also didn’t expect Rollins to take the full 90 days.

Between the Rowena and Burdoin fires, most of the 81 homes and 153 accessory structures burned lie within CRGC’s general management area. The changes are largely uniform across classifications.

“Obviously, this has not been the most enjoyable process for many,” said Commissioner Alex Johnson. “Following the process of this agency and all the other agencies we must coordinate with does not feel nimble.”

Those who lost their house last summer, or in future disasters, will soon qualify for CRGC’s expedited review, which brings fewer standards to meet if they rebuild to the same size, footprint and height of their original dwelling, with limited exceptions to expand. Expedited reviews can take anywhere from three to four weeks, whereas a full review can take up to four months.

The commission’s amendment also allows each property owner a temporary recreational vehicle for housing, a temporary structure for storage, and extends the timeline to commence construction to 10 years, among other provisions.

“Just because it’s not nimble doesn’t mean we can sidestep the process that’s in place,” Johnson continued.

CRGC’s proposed revisions have largely gone unchanged since staff introduced the original draft on Nov. 12, when commissioners learned that three of four treaty tribes requested more time to review the text, and that USFS had not completed its amendment, either. The debate over whether to proceed without satisfactory tribal consultation carried through December and into January, with some arguing that the circumstances were too debilitating for a later vote, while others emphasized how corrosive such a move would be.

“Continuing to talk about how we recognize and care about the plight of the fire victims, while blocking help, is not compassion. Indeed, many will call it hypocrisy,” Commissioner Roger Nichols said last Tuesday. “It's time to show we mean what we say and support the victims of disasters in our communities by passing these amendments today.”

CRGC staff noted that Rollins, however, was unlikely to provide her signature with tribal consultation ongoing. A key procedural barrier that would’ve drawn out the timeline even more, commissioners relented, and staff from both agencies successfully addressed core tribal concerns between last week’s session and December’s.

For parcels in the general management area, tribes have the authority to raise a treaty rights issue outright, expedited or not. But only property owners expanding their home’s footprint by the allotted 10% must complete a cultural resource review, and only if there are probable or existing cultural resources nearby.

As for the special management area, all replacements require some level of cultural resource review, even just to determine if one isn’t required. Completed by USFS, the agency is actively prioritizing applicants recovering from the wildfires. 

“I think this is as swift as we could respond to make sure we're not routinely dismissing tribal nations as well, because we need to quit acting like tribes are standing in the way of our well-being,” said Commissioner Pah-tu Pitt of Warm Springs and Wasco. “The people that I know within my nation, they care about the Gorge.”

Additionally, Pitt called on the commission to truly take its land acknowledgement to heart, stressing that those statements imply action.

“The Gorge Commission is very grateful for the time the staff of the four tribes committed to helping us better understand how the plan amendment policies could be improved to protect cultural resources during the recovery,” Krystyna Wolniakowski, CRGC’s executive director, said in a press release. “Consultation with the tribes is a critically important part of our work.”

Commissioners approved the amendments in a unanimous vote, and in closing, Johnson urged his seatmates to keep going. Beyond improving speed and flexibility for property owners, CRGC should seek to bring more monetary resources and agency cooperation to meet future needs, he said, which will inevitably grow more acute as natural disasters worsen.

Rowena Fire investigation

Officials from Oregon’s Department of Forestry (ODF) are still trying to determine what sparked the Rowena Fire over seven months after it ignited, and that’s about all the agency can offer at this time.

“We understand those impacted and the general public want information about the cause of the Rowena Fire. Unfortunately, while the investigation is open, we can’t answer questions about it,” said Derek Gasperini, external communications manager for ODF.

That includes what stage the investigation is currently in and when it’s expected to be complete.

Any findings could be years out, though, as some investigations from the 2020 Labor Day Fires remain ongoing. Gasperini said it all depends on the incident’s complexity, along with the availability of evidence and witnesses.

Other commission updates

Prior to last week’s meeting, Commissioner Robert Liberty abruptly resigned from his position on Jan. 8, slightly over a year before his term expired, as Columbia Insight first reported. An appointee from Multnomah County, Liberty sat on the commission for a decade prior, partially as chair.

He’s also served as executive director for both 1000 Friends of Oregon and Friends of the Columbia Gorge, led several sustainability programs at Portland State University and advised former Rep. Earl Bluemenhaur on creating livable communities.

“In recent years, I have observed many growing threats to the Gorge,” Liberty wrote in his resignation letter. “These include the gentrification of working lands with luxury homesites for the wealthy, the conversion of working agricultural lands into backdrops for event venues and restaurants and rapidly accelerating fires resulting from climate change.”

“The commission is also under increasing and unceasing attacks from development interests and ideologues who are opposed to government restrictions and perhaps any government at all,” he continued.

Liberty called out Oregon Gov. Tina Kotek for eroding the state’s unique land use system and the commission’s resistance to thorough tribal consultation. If CRGC’s work plan didn’t cater to the “anti-conservation” interests of some members, Liberty said he would have finished his term.

Rep. Kevin Waters of Washington’s 17th District then disputed Liberty’s characterization in a statement made on Facebook. Beyond serving in the legislature, he’s the executive director of Skamania County’s Economic Development Council and works closely with county planners.

“In my experience, I have never met with a serious, large-scale developer attempting to build within the scenic area. The notion that major conglomerates are waiting in the wings is simply not supported by what counties are actually seeing,” Waters wrote. “Concerns about gentrification, however, are real — and here is where leadership has fallen short. Current Scenic Area policies make it far easier for wealthy individuals to build than for working families or generational residents.”

He pointed to Underwood as an example and said Liberty’s resignation presents an opportunity for course correction at CRGC, emphasizing how future policies should give weight to realities felt at the county level, where work with residents, farmers and businesses occurs more directly.

Incidentally, Liberty also called CGRC’s financial standing a threat, and Wolniakowski closed the Jan. 13 meeting with a related update. The commission lost 25% of its total budget last April, as previously reported by Columbia Gorge News, and Wolniakowski went to Olympia and advocated for CGRC’s supplemental budget request the day prior.

Although Gov. Bob Ferguson supported her ask for technological upgrades, including a new permitting and licensing system, he did not recommend that the legislature approve money to bring CGRC’s staff back to full-time, or to restore a planning position for Klickitat County, where CGRC directly administers the management plan.

Wolniakowski testified before Washington’s House Committee on Appropriations and said she would continue to lobby. A jointly funded agency, CGRC’s supplemental budget request in Oregon was due last Thursday.