Current through Register Vol. 63, No. 9, September 1, 2024
For purposes of division 037, the definitions contained in ORS
197.015 and the Statewide
Planning Goals (OAR chapter 660, division 015) apply. In addition, the
following definitions apply:
(1)
"Designated water-dependent shoreland site" means an estuarine shoreland area
designated in a comprehensive plan and land use regulation to comply with
Coastal Shoreland Uses Requirement 2 of Goal 17, Coastal Shorelands (OAR
660-015-0010(2)).
(2) "Goal 2
Exception" means the land use planning requirements waiver process provided in
Goal 2, Land Use Planning, Part II (OAR 660-015-0000(2)) and OAR Chapter 660,
Division 004, Interpretation of Goal 2 Exception Process.
(3) "Periodic review" means the land use
planning process described in ORS
197.628 through
197.646.
(4) "Post-acknowledgment plan amendment"
means an action taken in accordance with ORS
197.610 through
197.625, including amendments to
an acknowledged comprehensive plan or land use regulation and the adoption of
any new plan or land use regulation. The term does not include periodic review
actions.
(5) "Structure or facility
that provides water-dependent access" means anything constructed or installed, regardless of its present condition, functionality or serviceability, that
provides or provided water-dependent uses with physical access to the adjacent
coastal water body. Examples include wharves, piers, docks, mooring piling,
boat ramps, water intake or discharge structures, or navigational
aids.
(6) "Water-Dependent Use".
(a) The definition of "water-dependent"
contained in the Statewide Planning Goals (OAR Chapter 660, Division 015)
applies. In addition, the following definitions apply:
(A) "Access" means physical contact with or
use of the water.
(B) "Requires"
means the use either by its intrinsic nature (e.g., fishing, navigation, boat
moorage) or at the current level of technology cannot exist without water
access.
(C) "Water-borne
transportation" means uses of water access:
(i) Which are themselves transportation (e.g.
navigation);
(ii) Which require the
receipt of shipment of goods by water; or
(iii) Which are necessary to support
water-borne transportation (e.g. moorage fueling, servicing of watercraft,
ships, boats, etc. terminal and transfer facilities).
(D) "Recreation" means water access for
fishing, swimming, boating, etc. Recreational uses are water dependent only if
use of the water is an integral part of the activity.
(E) "Energy production" means uses which need
quantities of water to produce energy directly (e.g. hydroelectric facilities,
ocean thermal energy conversion).
(F) "Source of water" means facilities for
the appropriation of quantities of water for cooling processing or other
integral functions.
(b)
Typical examples of water dependent uses include the following:
(A) Industrial - e.g., manufacturing to
include boat building and repair; water-borne transportation, terminals, and
support; energy production which needs quantities of water to produce energy
directly; water intake structures for facilities needing quantities of water
for cooling, processing, or other integral functions.
(B) Commercial - e.g., commercial fishing
marinas and support; fish processing and sales; boat sales, rentals, and
supplies.
(C) Recreational - e.g.,
recreational marinas, boat ramps, and support.
(D) Aquaculture.
(E) Certain scientific and educational
activities which, by their nature, require access to coastal waters - estuarine
research activities and equipment mooring and support.
(c) For purposes of this division, examples
of uses that are not "water dependent uses" include restaurants, hotels,
motels, bed and breakfasts, residences, parking lots not associated with
water-dependent uses, and boardwalks.
Publications: Publications referenced are available from the
agency.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
197.010 - ORS
197.830
