[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR30.5]

[Page 282]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 30_WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION AREA: ZONING 
STANDARDS FOR WHISKEYTOWN UNIT--Table of Contents
 
Sec.  30.5  Variances, exceptions, and use permits.

    (a) Zoning ordinances or amendments thereto, for the zoning 
districts comprising the Whiskeytown Unit of the Whiskeytown-Shasta-
Trinity National Recreation Area may provide for the granting of 
variances and exceptions.
    (b) Zoning ordinances or amendments thereto for each of the 
districts established by the regulations in this part shall contain 
provisions advising applicants for variances and exceptions that, under 
section 2(f) of the Act of November 8, 1965, the authority of the 
Secretary to acquire ``improved property'' without the owner's consent 
would be reinstated (1) if such property is made the subject of a 
variance or exception to any applicable zoning ordinance that does not 
conform to any applicable standard contained in the regulations in this 
part; or (2) if such property is put to any use which does not conform 
to any applicable zoning ordinance approved by the Secretary.
    (c) The Shasta County Planning Commission, or private owners of 
``improved property'' may consult the Secretary as to whether the grant 
of any proposed variance or exception would terminate the suspension of 
his authority to acquire the affected property without consent of the 
owner, and may request the approval of a variance or exception by the 
Secretary: Provided, The Secretary is notified in writing at least 30 
days in advance of the hearing on the application for the variance or 
exception. The Secretary within 30 days after the receipt of a request 
for approval of a variance or exception, shall advise the owner or the 
Commission whether or not the intended use will subject the property to 
acquisition by condemnation. If more than 30 days is required by the 
Secretary for such determination, he shall so notify the owner or 
Commission, stating the additional time required and the reasons 
therefor.
    (d) The Secretary shall be given written notice of any variance 
granted under, or exception made to the application of, a zoning 
ordinance or amendment thereof approved by him. The Secretary shall be 
provided a copy of every use permit granted by the Shasta County 
Planning Commission authorizing any use or development of lands within 
the boundaries of the Whiskeytown Unit of the recreation area.