Current through Register Vol. 63, No. 9, September 1, 2024
(1) Estuarine city and county comprehensive
plans shall designate as water-dependent shorelands a sufficient total acreage
that is equal to or greater than the minimum water-dependent shorelands acreage
calculated by OAR 660-037-0050 above. In addition, all shorelands designated in
accordance with this rule shall satisfy the water-dependent access locational
criteria of OAR 660-037-0070 below.
(2) Designation Options. Either Option A or
Option B:
(a) Option A: An individual
estuarine city or county may designate as water-dependent shorelands any
shorelands within its planning jurisdiction the total acreage of which is equal
to or greater than the minimum acreage of water-dependent shorelands calculated
for protection in OAR 660-037-0050 above.
(b) Option B: An individual estuarine city or
county may designate as water-dependent shorelands any shorelands within its
planning jurisdiction the total acreage of which is less than the minimum
acreage of water-dependent shorelands calculated for protection in OAR
660-037-0050 above. An estuarine city or county choosing to exercise this
option must do so in coordination with one or more of the other city and county
governments in the estuary. This means that the local governments participating
in Option B must do the following:
(A) Revise
their comprehensive plans and land use regulations in compliance with this
division; and
(B) Designate as
water-dependent shorelands any shorelands within the estuary whose total
acreage is equal to or greater than the minimum acreage of water-dependent
shorelands calculated for the estuary as a whole in OAR 660-037-0050 above. In
effect, this means that the other cities and the county in the estuary will
provide the water-dependent shoreland acreage not provided by the jurisdiction
or jurisdictions exercising Option B.
(3) Local governments are encouraged to
designate and protect as water-dependent shorelands an amount that is greater
than the minimum required to be protected by this division. This "excess
capacity" may be beneficial to achieving local economic objectives over the
long term.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
197.010 - ORS
197.830
