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Hearings examiner rules against Washougal zip-line operator

By Marissa Harshman, Columbian Health Reporter
Published: November 22, 2010, 12:00am

A Clark County hearings examiner has ordered the owner of a Washougal zip-line attraction to remove the lines and obtain a conditional-use permit or face fines.

Derek Hoyte, who owns Heritage Farms Canopy Tours, appeared before the hearings examiner on Nov. 10 to dispute the need for a conditional-use permit. Clark County code enforcement required the permit to determine whether the business is allowed in the rural residential zone and if additional permits are needed.

Hearings examiner Joe Turner on Monday issued his written ruling affirming the county’s stance. The examiner’s decision is final at the county level but may be appealed to Superior Court.

Turner ordered Hoyte to either schedule a pre-application conference with the county or remove the lines and cease operations within 30 days. Should Hoyte fail to do either, he will be fined $250 per day, according to the final order.

If Hoyte decides to apply for a conditional-use permit, Turner required Hoyte make a “diligent, good faith effort” to pursue the application and comply with a timeline outlined in the order. Turner also fined Hoyte $750 for continuing to operate the lines after the county issued an order to cease operations on Sept. 1.

Hoyte said Monday afternoon he has taken down the four zip lines and has no intention of reinstalling them on the property. If he changes his mind, Hoyte said he will follow any and all permitting requirements.

Hoyte argued at the appeal hearing his operation is considered agricultural (agri-tourism) and is used to move visitors to different areas of his orchard. The hearings examiner ruled Hoyte uses the zip line solely for commercial tourism. Turner also determined agri-tourism, which is not included in the county’s definition of agricultural activities, is not permitted in the rural residential zone.

Hoyte also argued at the hearing the use of zip lines is considered a forest practice. The examiner disagreed. Turner said the zip lines do not fit any uses defined by the county or state. Forest practice is defined as “any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber.”

Hoyte contends a cable attached to two living trees can be used for growing trees and meets the defined use. In addition, forest practices include road and trail construction. A zip line is just another method for moving across the property, he said.

“I’m a rural entrepreneur. I’m not a lawbreaker,” Hoyte said. “I’m trying to make a living like everyone else.”

Hoyte said he tried numerous times before he installed the zip lines to obtain permits but was told by county staff he didn’t need a permit. The hearings examiner determined Hoyte described the use as a “backyard zip line” and asked only about obtaining permits to install the lines.

The examiner deemed the operation a private recreation facility that is only allowed in the rural residential zone with conditional-use permit approval.

Marissa Harshman: 360-735-4546 or marissa.harshman@columbian.com.

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Columbian Health Reporter