Gorge Commission finds gabions, culverts and drainage improvements meet definition of 'structure'; orders further inquiry on seeps and springs

The Columbia River Gorge Commission on Wednesday issued two decisions during a continued hearing in Friends of the Gorge v. James Housley (COA‑CD‑23‑01) in Clark County. First, the commission found that the hearings examiner erred in concluding that gabions, culverts and other improvements to the property's drainage system were not a structure under Clark County Code. Second, the commission found error in the examiner's conclusion that the applicant need not investigate whether multiple seeps and springs on the property create protected water resources, and directed further consideration.

What the commission decided

- Structure finding (motion passed): Commissioners voted to reverse the hearings examiner on whether gabions, culverts and related drainage improvements qualify as a structure under the county code. The motion, offered by Commissioner Robert Liberty, read in part: “I move that the hearings examiner erred in interpreting the code in finding that the gabions, culverts, and other improvements to the drainage system were not a structure.” The motion was seconded by Chair Michael Mills. The motion passed on roll call 7 yes, 3 no, 1 abstention (Commissioner Thompson abstained). Yes votes: Liberty; Corina Miller; Jim Morgan; Patu Pitt; Nathan Reynolds; Amy Weisfeld; Michael Mills. No votes: Elaine Aldrich; Laura Brennan Bissell; Valerie Fowler. Outcome: approved.

- Seeps and springs / burden of evidence (motion passed): Later,…