FRIENDS OF THE COLUMBIA GORGE

APRIL-JUNE 1995 NEWSLETTER 319 S.W. Washington Street, Suite 301, Portland, Oregon, 97204 Telephone: (503) 241-3762 FOCG Expands Land Use Progra10 Prepares for Gorge Management Plan Review in 1996

n October 1991, the Columbia River Gorge Commission adopted the Gorge Management Plan. The Friends was I disappointed that the Plan was not stronger. We believe that the Plan allows more development in the Gorge than is appropriate. Even so, the vision of the Gorge provided by the Man­ agement Plan is important. The Plan "calls for protection of the grandeur of one of America's great landscapes .. .. Wild areas ... will remain wild. Forests and farms will come and go, and come again. They will not be replaced by residential subdivisions . . . Rural settlements will retain their existing character and rural way of life .. . The Management Plan envisions healthy populations of sensitive plant and wild­ life species throughout the Gorge, accomplished by pro­ Should taxpayers be forced to pay the owner of this new home in tecting and enhancing their habitat. . . Regulation of density ~he Gorge because only one home can be buiU on the property will limit the cumulative effect of development to accept­ tnstead of condominiums or a commercial shopping center? able levels." (Management Plan, pages 5-6) Initiative 164 _in Washington state answe-rs "yes/' threatening Gorge proteet10n. Photo by Lauri Aunan Is this vision being achieved? Is the Plan protecting Gorge forests and farm lands and its rural way of life? Will wild areas remain wild? Has habitat been protected and Will Initiative 164 End Gorge Protection enhanced? Or has the Gorge already been unacceptably In Washington? compromised by the cumulative effects of development? On April 18, the Washington Senate passed Initiative 164. The Gorge Commission is required to monitor devel­ The initiative requires taxpayers to pay landowners for any opment in the Gorge and gather information that would decrease in property values resulting from existing laws, includ­ answer these questions. Unfortunately, the Commission ing the Columbia Gorge National Scenic Area Act. If the land­ has never put in place a monitoring program. owner is not paid, then the laws cannot be enforced. This lack of information is troubling, and very danger­ The Governor cannot veto this initiative. Although the ini­ ous to future protection for the Gorge. In 1996, the Gorge tiative is poorly written and wil1 result in expensive lawsurts, Commission will be reviewing the Gorge Management courts could rule that the initiative overturns Gorge protection in Plan for possible amendment. While the Friends believe the the state of Washington. Management Plan is too weak, opponents of the Plan be­ The people of Washington snould have the right to vote on lieve it is too strong. We expect serious efforts by oppo­ whether they want to overturn aJ.l land use planning laws, nents of Gorge protection to significantly weaken the including laws that protect tne Gorge. A coall.tion of Washington Management Plan to allow even more inappropriate groups is gathering signatures for a statewide referendum on development in the Gorge. Initiative 164. Your help is needed. Please call the Friends' Continued on page 4 office at (5(}3) 241 ~3762 for information on what you can do. Executive Director's Letter Mission Statement Friends of the Columbia Gorge shall hould you have the right to develop anything you want on your vigorously protect the scenic, natural and! property? Many people might answer "yes" to this question. Should cultural resources within the Colu mbia River · all of your neighbors have the right to develop anything they want on their Gorge National Scenic Area. S We fulfill this mission by ensuring strict property? . Many people might be uneasy about answering "yes " to this implementation of the National Scenic Area question. Act; promoting responsible stewardship of Gorge lands and waters; encouraging public ownership If land use restrictions don' t allow your neighbors to develop anything they of sensitive areas; educating the public about the want, should your taxes be increased in order to pay the neighbors for any unique natural values of the Columbia River decrease in their property values as a result of the restrictions? "Property Gorge and the importance of preserving those rights" advocates would answer "yes" to this question, and they are working values;and working with gro ups and individuals hard to make this the law . to accomplish mutual preservation goa ls. -Adopted February 3, 1994 H.R. 9 and S. 605 in Congress, Senate Bill 600 in Oregon and Initiative 164 in Washington would require taxpayers-you and me-to pay land­ FOCG is proud to be a member of the Envi­ owners who claim that development restric­ ronmental Federation of Oregon. Protect the tions prohibit them from m aking as much environment through payroll dedu ction. money as possible from their land. Board of Directors "Property rights" advocates argue it is only fair Rick Ray*, Chairman to pay landowners when government restric­ Nancy N. Russell, Chairman Emeritus tions on development decrease property val­ John Reynolds, Vice Chairman ues. But what about landowners whose prop­ Michael P. Ryan, Treasurer Mary Vranizan, SecretanJ erty values decrease because the government Acquilegia formosa, Red William Bell* allows development, such as apartment build- Columbine Photo by Russ jolley Broughton H . Bishop ings or an adult movie store in a neighborhood Bowen Blair, Jr. ( of single-family homes? If property values increase as a result of government Phyllis Clausen action funded by taxpayers (a new freeway, sewers, schools, etc.), why Debbie Craig Ken Denis shouldn't landowners repay taxpayers for the windfall gains received by the Julia Ferreira landowners? "Property rights" proposals don't speak to these situations. Sherry R. Grove* Elmer Lierman* "Property rights" proposals ignore that land use laws protect and in many Kate McCarthy* cases increase the monetary value of property. Many Gorge landowners can Jeanne Norton Kate Mills sell their property at inflated prices because of high demand for property in an Ja mes L. Olmsted area that cannot be overdeveloped Len Swenson* * Gorge res idents "Property rights" proposals also ignore the value of land for w hat it is, not what can be done to it. Gorge land use laws limit urban sprawl and prevent conver­ Staff sion of forests and farm lands into just another suburb of Portland and Executive Direc tor: La uri Aunan* Vancouver. There are many suburbs, but there is only one Columbia Gorge. Bookkeeper/Office Assistant: Helen Ehelebe If we allow the Gorge to be paved over in the name of "property rights," a few more people will have homes overlooking the Columbia River and more Land Use Counsel: Gary K. Kahn developers will make more money-but we will have lost all of the things that Land Use/Forest Coordinator: Michael Lang make the Gorge unique. We will have lost the wild places, native plants and Receptionist/Clerk: Marna Moore wildlife, forests, farms and untouched scenic vistas. Land Use Counsel: Kristen Pecknold * Gorge resident These things do matter. H.R. 9, S. 605, Senate Bill600 and Initiative 164 would throw them all away for the almighty dollar-and would leave us all far less rich. NewsleUer Contributors Contribu tors: La uri A unan, Julia Ferreira, I Gary Kahn, Michael Lang, Joe Walicki Editor and Layou t: Kathleen Krushas Lauri Aunan Executive Director Deadline for the Ju ly newsletter is May 26. 2 Gorge Watch ( Citizen Involvement Update

Membership Survey Results hanks to all of you who returned Tour membership survey. Respon­ dents ranked the listed issues in the following order of importance: 1. protection of the Gorge from overdevelopment; 2. defend/ strengthen the National Scenic Area Act; 3. protect forests in the Gorge; 4. defend/strengthen the Manage- ment Plan; 5. protect plants and animals; 6. anti-environmental groups; 7. need for more citizen involvement; 8. protection/ creation of Gorge hik- ing trails; The March 25 Adopt-a-Highway Litter Pick-up Party. L to r: Nancy Russell, Pat Sims, 9. quarries in the Gorge; Mitch Newharth, Annie Windsor, Liane Brown, Felice Denis, Marlene Schmitt, Renee 10. air quality in the Gorge; and Scott, Burt Burton. Photo by Ken Denis 11. recreation/ public access to Gorge lands. More than half of the respondents volunteers! On March 25, 10 volun­ Welcome to New have been members for more than five teers filled more than 15 bags with FOCG Volunteers years. Thanks for your continued dedi­ litter and carted away four abandoned e are happy to announce four cation to Gorge protection! A tires from the Historic Columbia River W new FOCG volunteers. Bob Highway from Multnomah Falls to Hoffman and Tarpley Vest will work 1Oth Anniversary of Gorge the Oneonta Trail head. A on our Land Use Audit Project. Bob is Scenic Area in 1996 the Director of Planning for the City of Canby, Oregon. Tarpley is a graduate riends of the Columbia Gorge is FOCG Works with of Scripps College and will be attend­ planning its celebration of the lOth PSU Planning Students F ing a Master's program in Urban and anniversary of theNa tional Scenic Area he Columbia Gorge Management Regional Planning this fall. in 1996. Weare forming a lOth Anniver­ Plan is an innovative approach to Anita Roessmann is a graduate of sary Steering Committee. If you have T land use planning for a complex re­ the University of Oregon Law School experience in organizing events, or gional area of national significance. and recently passed the Oregon State would like to help the Friends plan a Portland State University Plan­ Bar. She will conduct legal research on celebration of the lOth anniversary, ning Workshop students Lynn a Management Plan amendment pro­ please call Marna at 241-3762. A Peterson, Barbara Cartmill and Jill posed by the staff of the Gorge Com­ Gorge Photos Grenda worked with Executive Direc­ mission. Wanted for NewsleUer tor Lauri Aunan to prepare "A Plan Anne Norwood of Gresham is de­ for Evaluation: the Columbia River signing a FOCG action alert and fact lease send your newsletter-worthy Gorge Scenic Area Management Plan." sheet format. A PGorge photos to Marna at the Their work will help our Land Use Friends' office, along with your name Audit Project (see page 1) as we con­ Friends' Wish List and phone number. A duct research and analysis to prepare • 14400 Modem (will get us on the for the Gorge Commission's review of Information Superhighway - Internet Thanks to Adopt-A-Highway the Management Plan in 1996. and e-mail!) Volunteers Thanks to Lynn, Barb and Jill, and • Donations to pay for Internet in­ hanks to Board member Ken Denis Professors Deborah Howe and Connie stallation (new phone jack for modem; Tand our fabulous Adopt-a-Highway Ozawa. A installation of modem) A 3 Mosier Twin Tunnels Project Moves Ahead by Joe Walicki

his spring, construction bids will Oregon gateway to be opened for the first phase of the National Scenic Tthe project to restore the historic Area. Mosier Twin Tunnels, bringing the We feel strong­ project a step closer to realization after ly that the Sandy more than 10 years of work by the River Delta should Friends and other supporters. remain a natural The project will go forward as a area, with minimal hiking /bicycling trail and will be closed development, to cars. As reported in our November­ where families can December 1994 newsletter, the Friends hike, bird watch, opposed the use of Oregon gas taxes to fish, and learn help fund the project. Use of gas taxes aboutrestorationof would have required automobile use of the ecosystem. this section of the Historic Columbia FOCG generally River Highway, which has long been supports Alterna­ planned as a unique "linear park" for tive 5 of the DEIS, people to enjoy without the noise, pol­ but asked the For­ The Mosier Twin Tunnels will be the focal point for a hiking and est Service to mini­ bicycling trail along the Historic Highway. This view from the lution and danger from cars. east shows the Highway leading toward the Twin Tunnels to the Fortunately, an anonymous dona­ mize adverse im­ west. Photo by Ken Denis tion of private funds enabled the project pacts by reducing to proceed without state gas tax funds. and relocating parking lots; keeping the minor reconstruction of an existing in­ As an added benefit, the cost of the area closed to grazing; and restricting terchange may be appropriate . .& project has been reduced by eliminat­ hunting and mountain bike use. ing automobile access . .& The Oregon Department of Trans­ portation plans to reconstruct the Jor­ The Friends is sponsoring hikes to Friends Comments dan Road freeway interchange for the the Mosier Twin Tunnels and Sandy on Sandy River Delta DEIS Delta. We generally oppose new inter­ River Delta the weekend ofJune 17 OCG commented on the U.S. Forest changes in the National Scenic Area, FService's draft environmental im­ but recognize that safety concerns with and 18. See the enclosed Hiking pact statement (DEIS) for development the existing interchange may make this Weekend schedule for details. of the Sandy River Delta, the western one of the few circumstances where

FOCG Expands Land Use Program -continued from page 1-

The Friends recently received seed funding from the Laird, Norton Foundation to help support a Gorge Land Use Audit Project that will monitor development levels and trends in the Gorge during 1995 and 1996. The Friends will use this information to prepare for the 1996 Plan review. Land use planning programs like the Management Plan are under intense attack at the federal, state and local levels (see Executive Director's Letter, page 2) . We will need all of our resources and more to successfully defend and increase Gorge protection in 1996. Additional sup­ This Troutdale subdivision replaced raspbern; fields less than 5 port will help us carry out the Land Use Audit Project in miles from the Scenic Area. Initiative 164 may make such "cut -and -fill" subdivisions common throughout the Gorge in Washington the most effective way. Special contributions from mem­ state. Photo by La uri Au nan bers and supporters will be greatly appreciated . .&

4 FOCG Urges Hood River r County to Complete Land Trade And Adopt Consistent Gorge Ordinance by Michael Lang

ood River County is one of three Gorge counties that H has not yet adopted a land use ordinance under the Gorge Scenic Act. Over the past few years, the · Friends has urged Hood River County to adopt an ordinance consistent with the Gorge Management Plan, and complete a land trade that will ad­ dress some of the County's objections to the Scenic Act and Plan. In 1988, the U.S. Forest Service determined that Hood River County's East Pit Quarry, directly adjacent to the Historic Columbia River High­ way, is inconsistent with the National Scenic Area Act, and recommended phase-out of the quarry. The County was concerned at this loss of a local source of construction material. The County was also concerned about Management Plan restrictions on tim­ ber harvest in its County forest lands along the Historic Highway. In an effort to resolve these The ravaged ground of the East Pit Quarry is a stark contrast to the forests and fields concerns, Hood River County, the along the Historic Columbia River Highway. Hood River County wants to keep the quarry open despite a decision that the quarry, clearly visible from the Historic Highway, is Forest Service, the State of Oregon inconsistent with the National Scenic Act. Photo by Michael Lang and the Gorge Commission entered into a Memorandum of Understand­ ing to work on a land exchange. The ordinance would allow the County to violate the Gorge Management Plan. goal was to exchange County forest continue to operate the quarry in viola­ The Friends has asked the County lands and the East Pit Quarry for tion of the Gorge Manage- to complete the land ex­ forest lands and other land of equal ment Plan. On April12, the 'fhe goal was change that has been years value from the Forest Service and Gorge Commission found to exchange in the making. The County State of Oregon. Hood River County's ordi­ County forest is currently conducting its The Friends supported this coop­ nance inconsistent with the lands and the own appraisal, scheduled erative approach and has been hope­ Management Plan, and re­ East Pit for completion in April. ful that the land exchange would be jected the ordinance. Quarry for We hope the County w ill for.est lands completed and a consistent Gorge The Board of Commis­ use the results of its ap­ and other ordinance adopted. Unfortunately, sioners also recently asked land of equal praisal to finalize a trade at recent actions by Hood River County Congress to exempt the value from fair market value. We also place resolution of this matter in quarry from the Gorge Na­ the Forest hope the County will join grave doubt. tional Scenic Area, and is­ Service and Wasco County and The County Board of Commis­ sued plans to remove 18,000 State of Multnomah County by sioners recently adopted a Gorge tons of rock from the quarry. Oregon. adopting a Gorge ordinance ordinance that is completely inconsis­ If the County proceeds tore- that is consistent with the tent with the Management Plan. The open and operate the quarry it will Management Plan . .._

5 Legal Update FOCG monitors activity in three cases where land use laws in the Gorge are under fire by Gary Kahn

Gorge "Taking" Case ever, the Commission has kept the rule on its books Dismissed by Skamania Court while the lawsuit is pending. The rule was recently invoked by applicants n March, the Skamania County Superior who want to develop a 10-acre parcel of "Special Court granted the Friends' and Gorge Management Area" (SMA) land. The Scenic Act I Commission's Motion to Dismiss the "taking" prohibits residential development on SMA parcels lawsuit filed by Lois Jemtegaard. Mrs. Jemtegaard, smaller than 40 acres. Skamania County properly who lives on over 300 acres in Skamania County denied the application. across the river from Crown Point, had applied for The applicants appealed to the Gorge Commis­ a permit to build a house on a 20-acre parcel of the sion for a use variance under the "special review" 300 acres. The Gorge Commission denied the ap­ rule. The Friends intervened in the appeal and plication because the proposed house would not be argued that allowing the land use would violate used for forest or farm operations of the land. In section 8(o) of the Scenic Act. dismissing her lawsuit, the court agreed with the Section 8(o) was crafted by Congress to give Friends' and the Gorge Commission's position that landowners relief, while offering the public a chance "all beneficial use of [Mrs. Jemtegaard's]land is not to protect some of the most significant scenic and prohibited ." (Emphasis added) natural resource lands in the Gorge. Under section Mrs. Jemtegaard is being u sed by "property 8(o), owners can offer SMA land to the Forest Ser­ rights" advocates in Washington state to promote vice at fair market value. If the land is not pur­ Initiative 164 (see Executive Director's Letter, page chased in three years, the land converts to less­ 2). In a recent Seattle Times article, she claimed that restricted General Management Area land. Allow­ Gorge land use regulations prohibit her from sell­ ing a "special review" variance to change the land ing or building on her land . Mrs. Jemtegaard's use before expiration of the three-year period would claims are unfounded. The regulations do not violate the Scenic Act. prohibit her from selling or developing residences The Gorge Commission denied the appeal on on her land as long as she meets the conditions for the ground that the applicants failed to show that approval. In fact, she has applied to Skamania they have no other use of the land. Because the County for a permit to build a new house to replace Commission failed to address the issue of whether her old home. In addition, in 1993 she gained the "special review" rule violates section 8(o), we approval to sell 1.25 million board feet of timber expect the applicants to bring this issue back to the logged on her property. At that time the market Commission on another "special review" appeal. was roughly $600 per 1,000 board feet-approxi­ The Friends will continue to be involved with this mately $750,000. important issue. ~ Mrs. Jemtegaard's attorneys have filed a mo­ tion to reconsider the case. The Friends will con­ tinue to be involved with this case at every stage. ~ Quarry Phase- Out Upheld

he Oregon Court of Appeals recently upheld Special Review Variance Tthe Gorge Commission's decision requiring Appeal Rejected by Gorge phase-out of the "George Quarry" east of Hood Commission River. The Friends supported the Commission's decision, and participated in the case at the Court of he "special review" variance rule allows the Appeals. Attorneys for the quarry owner have filed Commission to approve development that is a petition seeking review by the Oregon Supreme Tprohibited by the Management Plan. The Court. ~ Friends believes the rule will result in more inap­ propriate development in the Gorge, and filed a lawsuit against the "special review" rule. How-

6 FOCGNews

1 995 Annual Meeting n March 5, the Friends' Annual Meeting was held at Nancy Russell OSkamania Lodge. Members enjoyed the wonderful leads hospitality of the Lodge and were treated to A. Clair Siddall's Friends slide presentation, "Columbia River Gorge: Flowers in the members Landscape." on a tour of The Board member Debbie Craig received a Special Recog­ Shire, John nition Award for her years of work to protect the Columbia Yeon's Gorge. Debbie has served as Board Chair, fundraiser, hike nature leader and attorney for the Friends, and has been a leader in preserve in the Gorge. the work to protect the Gorge. After the meeting, Nancy Russell led members on a tour Photo by I&ILJJ...... _-'-..,.._..-.....;_, Lauri Aunan of The Shire, John Yean's nature preserve in the Gorge . .&.

Conservators' Weekend Nancy Russell Receives at Skamania Lodge Conservation Award n March 4 and 5, nine Friends of the Columbia Gorge riends co-founder and Chairman Emeritus Nancy Russell OConservators enjoyed a relaxing weekend at beautiful Fis a recipient of the 1995 Chevron-Times Mirror Maga­ Skamania Lodge in the Gorge. The Conservators were zines Conservation Award for her years of dedicated work treated to a tour of John Gray's art collection on display at the to protect the Columbia River Gorge. Lodge. "We can thank the Gorge Scenic Act for such a Others honored this year are Harriet Burgess of the wonderful place to enjoy the beauty of the Gorge," said American Land Conservancy, photographer Robert Glenn conservator Kitty Wheeler . .&. Ketchum, and The Peninsula Open Space Trust. Marty Rosen of the Trust for Public Land nominated Nancy for the award . .&.

- HIKING NEWS

Great Turnout for First Spring Hikes

ensational wild S flowers and mild spring weather re­ warded hikers on the first Friends of the Co­ lumbia Gorge hikes of 1995. The Friends' free hikes provide educa- Friends members enjoy sweeping views ofMultnomahFalls, across tion on the Columbia the Columbia River from The Shire. Photo by Ken Deni s River Gorge, a great part of the Northwest's Friends' Farewell to quality of life. Conservation Director Joe Walicki oe Walicki, Friends' Conservation Director since October Join the Friends for our 1993, announced his resignation in March. Joe is staying in 15th Annual Hiking JPortland and will continue to be a friend of the Gorge. Weekend on June 17 He is leading a hike of the Sandy River Delta for the and 18. The schedule of Friends' 15th Annual Hiking Weekend June 17 and 18. The hikes is enclosed in this Friends' Board and staff send their thanks and best wishes to newsletter. .&. Hikers at Fairy Fa lls. Joe . .&.

7 Memorial Friends of the Columbia Gorge Non Profit Contributions P.O. Box 40820 U.S. Postage Friends of the Columbia Gorge wishes Portland, Oregon 97240-0820 PAID to thank the following people who Address correction requested Portland, OR have made memorial contributions Permit No. 2623 since our last newsletter: In memory of Donald McGraw Richard & Molly Kohnstamm

In memory of Nona Taft Joe & Dodie Harrison Betty C. Boyd The Mains Family Julius & Donna Massey John & Myra Gevurtz Cedar Hills Garden Club Alice Mary Jensen Pat Bleakney Ruth & Kenneth Berger explains some Neita & Bob Green geology to hikers from a Clarice, Ella & Jean MacDonald high point on Sherlie Gade Dalles Moun­ tain Ranch on the April 8th In memory of Tom Sherrard hike. Photo by Gayle Beatrice Werble Hammond Gorge Calendar

April -June 7 Historic Bridges of the Columbia River Highway A collection of photographs and glass lantern slides taken in 1915 by Tacoma, Washington, photographer Albert Barnes. On view at the Maryhill Museum of Art. For more information call (509) 773-3733.

Saturday-Sunday Frien ds' 15th Annual Hiking Weekend June 17-18 Please see the hiking brochure enclosed in this newsletter.

Saturday, July 1 Adopt-a-Highway Litter Pick-Up Friends will help keep the Historic Columbia River Highway free from litter. Meet at the ODOT parking lot, NE 60th and Glisan, at 8 a.m. Second meeting place at Multnomah Falls Historic Highway parking area, 8:30 a.m. Bring leather gloves and hiking boots. You will be finished by noon. Call Marna at the Friends office for more information, 241-3762.

Sunday, July 23 Friends' Summer Picnic Hikers on Wahkeena Falls Trail. Mark your calendar! Time and place to be announced. Call Marna at the Friends' office for more information, Printed on recycled paper 241-3762.