U.S. Code » Title 16 » Chapter CHAPTER 2— NATIONAL FORESTS › Subchapter SUBCHAPTER II— SCENIC AREAS

16 U.S.C. § 544e

Administration of scenic area

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(a) Management of scenic area

The non-Federal lands within the scenic area shall be administered by the Commission in accordance with the management plan and sections 544 to 544p of this title.

(b) Adoption of scenic area land use ordinances(1) Within sixty days of initial receipt of the management plan, each county shall submit to the Commission a letter stating that it proposes to adopt a land use ordinance consistent with the management plan. If any county fails to submit such letter or fails to adopt a land use ordinance as provided in this section, the Commission shall carry out the requirements of subsection (c) of this section.(2) Within two hundred and seventy days of receipt of the management plan, each county shall adopt a land use ordinance consistent with the management plan, and thereafter may adopt an amendment, revision or variance to a land use ordinance at any time. Each county upon adoption of a land use ordinance shall promptly submit the ordinance to the Commission.(3)Approval by commission.—(A) Within ninety days after receipt of a land use ordinance, the Commission, by majority vote including at least three members from each State, shall approve the ordinance unless it determines the ordinance is inconsistent with the management plan. Should the Commission fail to act within ninety days, the ordinance shall be deemed to be approved.(B) If approval is denied, the Commission shall state the reasons for finding the ordinance is inconsistent with the management plan, and shall submit to the county suggested modifications to the ordinance to make it consistent with the management plan.(C) Each county shall have ninety days after it receives recommendations from the Commission to make modifications designed to eliminate the inconsistencies and to resubmit the ordinance to the Commission for approval. The Commission shall have sixty days to approve or disapprove the resubmitted ordinance. Any resubmitted ordinance shall become effective upon approval. Should the Commission disapprove the resubmitted ordinance, it shall promptly resubmit the ordinance for reconsideration. Should the Commission fail to act within sixty days, the ordinance shall be deemed to be approved.(c) Commission land use ordinances(1) Within ninety days after making a determination that a county has failed to comply with the provisions of this section, the Commission shall make and publish a land use ordinance setting standard for the use of non-Federal lands in such county within the boundaries of the national scenic area, excluding urban areas identified in section 544b(e) of this title. The ordinance shall have the object of assuring that the use of such non-Federal lands is consistent with the management plan. The ordinance may differ amongst the several parcels of land within the boundaries of the scenic area. The ordinance may from time to time be amended by the Commission.(2)Subsequent Compliance.—In the event the Commission has promulgated regulations pursuant to this section, a county may thereafter upon written notice to the Commission elect to adopt a land use ordinance, in which event it shall comply with the provisions of this section for adoption of a land use ordinance. Upon approval of a land use ordinance by the Commission it shall supersede any regulations for the county developed by the Commission, subject to valid existing rights.(d) Construction of facilities

The Secretary is hereby authorized to design, construct, operate and maintain such facilities as are included in the recreation assessment.

(Pub. L. 99–663, § 7, Nov. 17, 1986, 100 Stat. 4282.)
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1993–2023 · leading case: Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission
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Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or · cites it 3× “he commission to “adopt a management plan for the scenic area,” which must be based on resource inventories and land use designations that the Act requires the commission to develop, which must be “consistent with” certain specified statutory standards, 16 USC § 544d(c)(l), (2),…”
Friends v. COLUMBIA RIVER (S055915) (2009) or · cites it 5× “16 U.S.C. § 544e(b). [2] Under 16 U.S.C. section 544e(b), the commission is required to send copies of the management plan, and any amendments thereto, to each county; in response, each county must, within a specified time, submit ordinances implementing the plan or amendment to…”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or · cites it 5× “16 USC § 544e(b). 2 Under 16 USC section 544e(b), the commission is required to send copies of the management plan, and any amendments thereto, to each county; in response, each county must, within a specified time, submit ordinances implementing the plan or amendment to the…”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp · cites it 2× “16 USC § 544e(b). If a county refuses to implement such ordinances, the commission is required to create and administer conforming land use ordinances for the county.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp · cites it 2× “16 USC § 544e(b)(3)(A). The Act provides for judicial review of commission decisions and actions.”
Tucker v. Columbia River Gorge Commission (1994) washctapp · cites it 2× “16 U.S.C. § 544e. If a county fails to submit proposed ordinances for approval, the Commission is directed to promulgate regulations for the county.”
Klickitat County v. State (1993) washctapp · cites it 2× “16 U.S.C. § 544e(b)(2). If a county fails to adopt such an ordinance, the Commission has the responsibility for making and publishing "a land use ordinance setting standard for the use of non-Federal lands in such county".”
W. Birkenfeld Trust v. Bailey (1993) waed · cites it 2× “16 U.S.C. § 544e(b)(2). The Gorge Commission may also choose to amend the plan or grant a revision or variance.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2010) orctapp “See 16 USC § 544e(b) (providing incentives for counties to adopt land use ordinances consistent with the management plan).”
Columbia River Gorge Commission v. Hood River County (2007) orctapp · cites it 2× “” 16 USC § 544e(b)(l). 6 Under the Act, after the counties adopt such ordinances, the Commission is to make a “tentative determination” as to whether the ordinances comply with the management plan.”
Judith Zimmerly, V. Columbia River Gorge Commission (2023) washctapp · cites it 3× “16 U.S.C. § 544e(b). If a county’s ordinance is inconsistent with the Commission’s management plan, the Commission can reject the ordinance and suggest modifications.”
BNSF Railway Company v. Clark County (2020) wawd · cites it 2× “§ 544d, and each county in the Scenic Area (including 15 Clark County) in turn “adopt[s] a land use ordinance consistent with the management 16 plan,” subject to the Commission’s approval, 16 U.S.C. §§ 544e(b), 544f(h). 17 Oregon and Washington adopted as state law the terms on…”
Show all 14 citing cases →
— 16 U.S.C. § 544e(b) — 8 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “he commission to “adopt a management plan for the scenic area,” which must be based on resource inventories and land use designations that the Act requires the commission to develop, which must be “consistent with” certain specified statutory standards, 16 USC § 544d(c)(l), (2),…”
Friends v. COLUMBIA RIVER (S055915) (2009) or “16 U.S.C. § 544e(b). [2] Under 16 U.S.C. section 544e(b), the commission is required to send copies of the management plan, and any amendments thereto, to each county; in response, each county must, within a specified time, submit ordinances implementing the plan or amendment to…”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544e(b). If a county refuses to implement such ordinances, the commission is required to create and administer conforming land use ordinances for the county.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544e(b). 2 Under 16 USC section 544e(b), the commission is required to send copies of the management plan, and any amendments thereto, to each county; in response, each county must, within a specified time, submit ordinances implementing the plan or amendment to the…”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2010) orctapp “See 16 USC § 544e(b) (providing incentives for counties to adopt land use ordinances consistent with the management plan).”
— 16 U.S.C. § 544e(b)(2) — 2 cases
Klickitat County v. State (1993) washctapp “16 U.S.C. § 544e(b)(2). If a county fails to adopt such an ordinance, the Commission has the responsibility for making and publishing "a land use ordinance setting standard for the use of non-Federal lands in such county".”
W. Birkenfeld Trust v. Bailey (1993) waed “16 U.S.C. § 544e(b)(2). The Gorge Commission may also choose to amend the plan or grant a revision or variance.”
— 16 U.S.C. § 544e(b)(3) — 4 cases
Friends v. COLUMBIA RIVER (S055915) (2009) or “16 U.S.C. § 544e(b). [2] Under 16 U.S.C. section 544e(b), the commission is required to send copies of the management plan, and any amendments thereto, to each county; in response, each county must, within a specified time, submit ordinances implementing the plan or amendment to…”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544e(b). 2 Under 16 USC section 544e(b), the commission is required to send copies of the management plan, and any amendments thereto, to each county; in response, each county must, within a specified time, submit ordinances implementing the plan or amendment to the…”
Judith Zimmerly, V. Columbia River Gorge Commission (2023) washctapp “16 U.S.C. § 544e(b). If a county’s ordinance is inconsistent with the Commission’s management plan, the Commission can reject the ordinance and suggest modifications.”
BNSF Railway Company v. Clark County (2020) wawd “§ 544d, and each county in the Scenic Area (including 15 Clark County) in turn “adopt[s] a land use ordinance consistent with the management 16 plan,” subject to the Commission’s approval, 16 U.S.C. §§ 544e(b), 544f(h). 17 Oregon and Washington adopted as state law the terms on…”
— 16 U.S.C. § 544e(b)(3)(A) — 3 cases
Friends v. COLUMBIA RIVER (S055915) (2009) or “16 U.S.C. § 544e(b). [2] Under 16 U.S.C. section 544e(b), the commission is required to send copies of the management plan, and any amendments thereto, to each county; in response, each county must, within a specified time, submit ordinances implementing the plan or amendment to…”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp “16 USC § 544e(b)(3)(A). The Act provides for judicial review of commission decisions and actions.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544e(b). 2 Under 16 USC section 544e(b), the commission is required to send copies of the management plan, and any amendments thereto, to each county; in response, each county must, within a specified time, submit ordinances implementing the plan or amendment to the…”
— 16 U.S.C. § 544e(b)(l) — 2 cases
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp “16 USC § 544e(b)(3)(A). The Act provides for judicial review of commission decisions and actions.”
Columbia River Gorge Commission v. Hood River County (2007) orctapp “” 16 USC § 544e(b)(l). 6 Under the Act, after the counties adopt such ordinances, the Commission is to make a “tentative determination” as to whether the ordinances comply with the management plan.”
— 16 U.S.C. § 544e(c) — 6 cases
Friends v. COLUMBIA RIVER (S055915) (2009) or “16 U.S.C. § 544e(b). [2] Under 16 U.S.C. section 544e(b), the commission is required to send copies of the management plan, and any amendments thereto, to each county; in response, each county must, within a specified time, submit ordinances implementing the plan or amendment to…”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544e(b). If a county refuses to implement such ordinances, the commission is required to create and administer conforming land use ordinances for the county.”
Tucker v. Columbia River Gorge Commission (1994) washctapp “16 U.S.C. § 544e. If a county fails to submit proposed ordinances for approval, the Commission is directed to promulgate regulations for the county.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544e(b). 2 Under 16 USC section 544e(b), the commission is required to send copies of the management plan, and any amendments thereto, to each county; in response, each county must, within a specified time, submit ordinances implementing the plan or amendment to the…”
W. Birkenfeld Trust v. Bailey (1993) waed “16 U.S.C. § 544e(b)(2). The Gorge Commission may also choose to amend the plan or grant a revision or variance.”
— 16 U.S.C. § 544e(c)(1) — 1 case
Judith Zimmerly, V. Columbia River Gorge Commission (2023) washctapp “16 U.S.C. § 544e(b). If a county’s ordinance is inconsistent with the Commission’s management plan, the Commission can reject the ordinance and suggest modifications.”
— 16 U.S.C. § 544e(c)(l) — 1 case
Klickitat County v. State (1993) washctapp “16 U.S.C. § 544e(b)(2). If a county fails to adopt such an ordinance, the Commission has the responsibility for making and publishing "a land use ordinance setting standard for the use of non-Federal lands in such county".”
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