Columbia River Gorge Commission v. Hood River County

2004 Ballot Measure 37, now codified at ORS 197.352, includes an exception for land use regulations “[t]o the extent the land use regulation is required to comply with federal law.” ORS 197.352(3)(C). The question presented in this appeal is whether certain county land use ordinances that restrict development of properties within the Columbia River Gorge National Scenic Area fall within that exception. The trial court answered that question affirmatively, and, as amplified below, so do we. Accordingly, we affirm.

The facts material to our review are undisputed. In the November 2004 general…