Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS
Section 660-037-0070 - Water-Dependent Shoreland Locational and Suitability Criteria
Universal Citation: OR Admin Rules 660-037-0070
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A proposal to designate lands as water-dependent shorelands in accordance with OAR 660-037-0060 above shall meet all of the following minimum locational and suitability criteria:
(a) The proposed shoreland site is within an
urban or urbanizable area, or if in a rural area it is built upon or
irrevocably committed to non-resource use or is designated in accordance with
OAR Chapter 660, Division 022 Unincorporated Communities.
(b) The designated water-dependent uses are
compatible with other adjacent uses or will be so rendered through measures
designed to reduce adverse effects.
(c) The proposed shoreland site and its
designated uses and activities comply with all applicable Statewide Planning
Goals, in particular with Goal 16 Estuarine Resources, and with the Goal 2
Exceptions process if applicable.
(A) Any
water-dependent shoreland site acknowledged to comply with the Statewide
Planning Goals without needing a Goal 2 Exception prior to the effective date
of this division and that is selected to provide a jurisdiction's minimum
shorelands acreage for water-dependent protection is deemed to comply with this
rule provided there are no changes to the following:
(i) The size or shape of the site;
or
(ii) The uses or activities
allowed or authorized at the site, unless the use or activity is a "permissible
nonwater-dependent use" as allowed by Goal 17 Coastal Shoreland Uses
Requirement 2 (OAR 660-015-0010(2)).
(B) Any water-dependent shoreland site
acknowledged to comply with the Statewide Planning Goals with a Goal 2
Exception prior to the effective date of this division and that is selected to
provide a jurisdiction's minimum shorelands acreage for water-dependent
protection is deemed to comply with this rule provided all of the following
criteria are met:
(i) There are no changes to
the size or shape of the site.
(ii)
There are no changes to the uses or activities allowed or authorized at the
site, unless the use or activity is a "permissible nonwater-dependent use" as
allowed by Goal 17 Coastal Shoreland Uses Requirement 2 (OAR
660-015-0010(2)).
(iii) The local
government provides in writing its reasons for retaining the shoreland site in
a water-dependent designation. As part of this explanation, the local
government may consider factors such as the site's location and parcel size.
The explanation shall include a description of the proposed or potential
alterations to the natural resources that were the object of the Goal 2
Exception, as well as any practicable methods for avoiding or offsetting
potential adverse effects to those resources. The commission encourages
developers of these sites to take all practicable steps to avoid or offset
potential adverse effects to significant natural resources at these sites. The
protection of these natural resources will be a particular focus of the
department's review of any subsequent state or federal regulatory
permits.
(d)
The proposed shoreland site possesses or is planned for land-based
transportation and public utility services appropriate for the designated uses.
Considerations should include the following: availability of public sewers,
public water lines, and adequate power supply; and access to the area for truck
and rail, if heavy industry is to be accommodated.
(e) The proposed shoreland site possesses or
is planned for storage, parking, or other backup land that is adequate for the
designated uses.
(f) The proposed
shoreland site is capable, with or without the use of structures or facilities
that provide water-dependent access, of providing the designated
water-dependent uses with access to the adjacent coastal water body.
(g) If transportation, commercial fishing, or
recreational boating uses are designated, the adjacent coastal waters provide
or are planned for adequately sized navigational channels.
(2) Appropriate additional locational criteria may be considered by the local government in the analysis of a site's suitability for water-dependent development. These include the following:
(a) The site is capable of providing large
quantities of water for uses needing water for processing and cooling purposes
(e.g., hydroelectric power plants, fish processing plants, pumped storage power
plants).
(b) The site is in close
proximity to shipping facilities for uses that rely heavily on the waterborne
transportation of raw materials or products that are difficult to transport on
land (e.g., coal export facilities; cement plants; quarries).
Publications: Publications referenced are available from the agency.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.010 - ORS 197.830
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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