Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS
Section 660-037-0080 - Methods of Protection
Universal Citation: OR Admin Rules 660-037-0080
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Local governments shall adopt appropriate land use regulations that protect for water-dependent recreational, commercial, and industrial uses the shorelands designated in OAR 660-037-0060 above.
(2) A designated water-dependent shoreland is protected for water-dependent uses when:
(a)
the operation of a water-dependent use is not threatened by nonwater-dependent
uses; and
(b) the siting of future
water-dependent uses will not be preempted by the presence of
nonwater-dependent uses.
(3) To protect a designated water-dependent shoreland site, local land use regulations may do any of the following:
(a) Allow only water-dependent
uses.
(b) Allow nonwater-dependent
uses that are in conjunction with and incidental and subordinate to
water-dependent uses on the site.
(A) Such
nonwater-dependent uses shall be constructed at the same time as or after the
water-dependent use of the site is established, and must be carried out
together with the water-dependent use.
(B) The ratio of the square footage of
ground-level indoor floor space plus outdoor acreage distributed between the
nonwater-dependent uses and the water-dependent uses at the site shall not
exceed one to three (nonwater-dependent to water-dependent).
(C) Such nonwater-dependent uses shall not
interfere with the conduct of the water-dependent use.
(c) Allow temporary nonwater-dependent uses
that involve minimal capital investment and no permanent structures. The intent
of allowing such uses is to avoid posing a significant economic obstacle to
attracting water-dependent uses. Tools for implementing this approach include
"vacate" clauses in leases on public lands, as well as requiring "vacate"
clauses for land use approvals involving leasing of private lands.
(4) Local governments may use any combination of the following techniques for their land use regulations for protecting designated water-dependent shorelands:
(a) Traditional water-dependent zoning
district. Traditional zoning districts typically list uses and activities that
will be allowed either with or without a discretionary "conditional use"
review.
(b) "Floating"
water-dependency performance standard. The water-dependent protection standard
would "float" within a designated geographic area rather than being applied to
specific parcels within the area. Such a "performance zone" would typically be
applied to urban waterfronts with existing or planned mixed water-dependent and
nonwater-dependent uses, or to large undeveloped shoreland sites to configure
planned development away from environmentally sensitive natural resources at
the site.
(A) The "floating" water-dependency
performance standard must establish quantitative performance measures for
retaining water-dependency. The performance measures shall be expressed as
overall acreage, floor space square footage, waterfront lineal footage, or
other suitable quantitative measure of water-dependent use.
(B) Nonwater-dependent development proposals
within the "floating" water-dependency performance zone would be measured
against maintaining the overall water-dependency standard.
(C) Additional development controls including
compatibility with existing water dependent uses, reserving waterfront access,
and limiting development to certain specified types or categories of
water-dependent uses may also be established.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
