[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR292.12]

[Page 392-393]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 292_NATIONAL RECREATION AREAS--Table of Contents
 
      Subpart B_Whiskeytown-Shasta-Trinity National Recreation Area
 
Sec. 292.12  General provisions; procedures.

    (a) Approval of zoning ordinance and development plans. (1) All 
validly adopted zoning ordinances and amendments thereto pertaining to 
the Shasta and Clair Engle-Lewiston Units may be submitted by the county 
of origin to

[[Page 393]]

the Secretary for written approval relative to their conformance with 
the applicable standards of Sec. Sec. 292.11 to 292.13. Within 60 days 
following submission, the county will be notified of the Secretary's 
approval or disapproval of the zoning ordinances or amendments thereto. 
If more than 60 days are required, the county will be notified of the 
expected delay and of the additional time deemed necessary to reach a 
decision. The Secretary's approval shall remain effective so long as the 
zoning ordinances or amendments thereto remain in effect as approved.
    (2) Development plans pertaining to unimproved property within the 
Shasta and Clair Engle-Lewiston Units may be submitted by the owner to 
the Secretary for determination as to whether they conform with approved 
zoning ordinances and whether the planned use and development would 
serve the Act. Within 30 days following submission of such plans the 
Secretary will approve or disapprove the plans or, if more than 30 days 
are required, will notify the applicant of the expected delay and of the 
additional time deemed necessary.
    (b) Amendment of ordinances. Amendments of approved ordinances may 
be furnished in advance of their adoption to the Secretary for written 
decision as to their conformance with applicable standards of Sec. Sec. 
292.11 to 292.13.
    (c) Variances or exceptions to application of ordinances. (1) The 
Secretary shall be given written notice of any variance granted under, 
or any exception made to, the application of a zoning ordinance or 
amendment thereto approved by him.
    (2) The County, or private owners of improved property, may submit 
to the Secretary proposed variances or exceptions to the application of 
an approved zoning ordinance or amendment thereto for written advice as 
to whether the intended use will make the property subject to 
acquisition without the owner's consent. Within 30 days following his 
receipt of such a request, the Secretary will advise the interested 
party or parties as to his determination. If more than 30 days are 
required by the Secretary for such determination, he shall so notify the 
interested party or parties stating the additional time required and the 
reasons therefore.
    (d) Certification of property. Where improvements and land use of 
improved property conform with approved ordinances, or with approved 
variances from such ordinances, certification that the Secretary's 
authority to acquire the property without the owner's consent is 
suspended may be obtained by any party in interest upon request to the 
Secretary. Where the development and use of unimproved property for 
service to the public is approved by the Secretary, certification that 
the authority to acquire the property without the owner's consent is 
suspended may be issued to the owner.
    (e) Effect of noncompliance. Suspension of the Secretary's authority 
to acquire any improved property without the owner's consent will 
automatically cease if: (1) Such property is made the subject of 
variance or exception to any applicable zoning ordinance that does not 
conform to the applicable standard in the Secretary's regulation, (2) 
such property is put to a use which does not conform to any applicable 
zoning ordinance, or, as to property approved by the Secretary for 
development, a use which does not conform to the approved development 
plan or (3) the local zoning agency does not have in force a duly 
adopted, valid zoning ordinance that is approved by the Secretary in 
accordance with the standards of Sec. Sec. 292.11 to 292.13.
    (f) Nonconforming commercial or industrial uses. Any existing 
commercial or industrial uses not in conformance with approved zoning 
ordinances shall be discontinued within 10 years from the date such 
ordinances are approved: Provided, however, That with the approval of 
the Secretary such 10-year period may be extended by the county for a 
prescribed period sufficient to allow the owner reasonable additional 
time to amortize investments made in the property before November 8, 
1965.