Clatsop County planning commission recommends adoption of state tribal-notification rules, sets $5,000 fee

The Clatsop County Planning Commission on Wednesday voted unanimously to recommend that the Board of Commissioners adopt ordinance 26-04, a set of code and comprehensive-plan amendments that would implement new state rules requiring tribal notification for some land-use actions affecting cultural resources, and to establish a $5,000 application fee for requests to designate "significant cultural landscape features."

For the record, Gail Henriksen, the county's community development director, told commissioners, "This is a legislative hearing regarding ordinance 2,604," and explained that the Land Conservation and Development Commission adopted rule changes late last year that "will go into effect on 01/01/2027." The county is amending its Goal 5 inventory language and related zoning code sections so local staff and applicants have clearer, more usable procedures for meeting the new state requirements.

Why it matters: the state rules add mandatory tribal notifications in three circumstances, Henriksen said: projects that involve ground disturbance and require public notice; urban growth boundary amendments; and applications in unincorporated county areas that require public notice and could lead to future ground disturbance. The rules also establish a new process by which an Oregon-based government may apply to designate a "significant cultural landscape feature," which triggers additional review and possible protective measures.

Henriksen summarized key procedural points: jurisdictions have 30 days to deem applications complete under state law; once an application is deemed complete the county must notify affected tribes within five days for potential ground-disturbing activities; tribes have no statutory deadline to respond; and if tribes do respond, staff must forward any tribal recommendations to the applicant. "If we get a response, we have to send it on," she said.

Commissioners pressed staff on scope and impacts. One commissioner asked what happens if a tribe raises concerns after work has already begun; Henriksen said the adopted OAR language does not prescribe a retroactive remedy and that any challenges would proceed through the standard appeal routes, including the Oregon Land Use Board of Appeals. She also emphasized that tribal recommendations do not automatically override local land-use standards: "The county is required to process these applications; the county is not required to approve them," Henriksen said.

Several commissioners expressed concern about the potential cost and timing burden on property owners and developers. Henriksen recommended a $5,000 application fee for a government-filed cultural-landscape designation, noting the county has not yet processed one of these applications and the fee is a staff estimate. She said the application must include a location map, a description of the resource's quality, and information about relative abundance or scarcity; staff would then perform an "EC" analysis (economic, social, environmental and energy) to identify protective measures that could be incorporated into zoning standards.

No members of the public provided testimony at the hearing in person or online.

Votes at a glance: Commissioner Wagner moved to "recommend that the Board of Commissioners approve ordinance 26-04 as presented and establish a $5,000 fee for cultural landscape feature applications." Commissioner Linder seconded. A roll-call vote was taken and the planning commission's recommendation passed unanimously, 5–0. Staff noted the county decision may be appealed to the Oregon Land Use Board of Appeals (LUBA) by filing a notice of intent within 21 days.

What happens next: the planning commission's recommendation will be forwarded to the Board of Commissioners for final action. Separate but related legislative amendments and other ordinances are scheduled for future planning commission meetings, including an item tied to the 2026 legislative session and a September item about short-term rental rules for float houses.

Funding and confidentiality: Henriksen said there is a confidentiality requirement for cultural-resource information; the county will not publish precise locations such as GPS coordinates. She advised potential property buyers to consult the State Historic Preservation Office or the relevant tribes for information, but said the county does not maintain a public, comprehensive list of culturally significant sites.

The planning division also provided regular business updates at the meeting, including a reappointment of commissioners, a 35% increase to septic fees adopted in the county budget to fund on-site septic work, and personnel changes. The meeting adjourned after the commission completed its agenda.