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Planner outlines Goal 5 tribal-notification changes; some procedural questions remain
Summary
Clatsop County planning staff summarized new DLCD rules that will require notification to federally recognized tribes in four circumstances (including applications requiring public notice and a new culturally significant landscape designation); staff said routine development and grading permits are exempt and DLCD will identify which tribes cover Clatsop County later this year.
Gail Henrikson, Clatsop County’s community development director, briefed the board on recent rule changes from the state Land Conservation and Development Commission (DLCD) implementing revisions tied to Goal 5 (cultural resources).
Henrikson said DLCD adopted rules that require local governments to notify federally recognized tribes when an application is submitted in any of four circumstances: ground-disturbing activity, a UGB amendment, an application that requires public notice (for counties that require it), and a new process to designate culturally significant landscape features.
She clarified that routine development permits and grading permits do not require tribal notice, but "when we have conditional use permits, variances, subdivisions, anything that requires a 10-day public notice, all of those applications now will have notifications sent to the tribes that will be covering our area." Henrikson added that there is no mandatory deadline for tribal responses under the new rules and said that if a tribe provides comments, the county would need to review and incorporate them into findings and conditions of approval where appropriate.
On the new culturally significant landscape feature procedure, Henrikson said an Oregon-based government—city, county or a tribal nation—could apply to have an area declared culturally significant even if the land is privately owned; that process would define an "impact area" and could lead to mitigation requirements or conditions of approval, though designation itself does not automatically block development. She said the county plans to develop an application fee once staff estimates processing time.
Henrikson gave a schedule: the county’s Planning Commission public hearing is set for July 14, and the board is scheduled to consider an ordinance in August (dates noted: Aug. 12 and Aug. 26). She said DLCD’s rules will take effect Jan. 1, 2027 regardless of whether the county amends its code, and staff plan to present a proposed ordinance and fee to the board in August.
A commissioner asked which tribes would be notified; Henrikson said DLCD and the legislative Commission for Indian Services are determining coverage and that the county expects to know which tribes will be identified by November or December. When a commissioner expressed surprise that tribes have no required response deadline, Henrikson said DLCD left the response period open to avoid overwhelming tribal offices given limited staffing capacity.
Commissioner Thompson, who served as a liaison during rulemaking, said the intent was a "light touch" that respects both tribal concerns and private property rights and expressed confidence in the planning department’s ability to implement the new procedures.
No formal action or vote was taken during the work session on the ordinance or fees; staff said they will return with proposed code language and a fee schedule.
