Current through Register Vol. 63, No. 9, September 1, 2024
(1) The department will re-examine the
statutory vegetation line in littoral cell units. The Department may re-examine
the statutory vegetation line:
(a) On its own
initiative, or when directed by the Commission;
(b) Upon request from the governing body(s)
of a county(s) or city(s) contiguous to the littoral cell in question;
or
(c) Upon request from one or
more owners of property that is part of, contiguous or in close proximity to
the littoral cell in question.
(2) Re-examination described shall include
the following:
(a) A description of the
littoral cell to be re-examined;
(b) An assertion of the direction and extent,
if any, to which the actual vegetation line has moved from the location of the
statutory vegetation line described by ORS
390.770;
(c) A statement of the perceived cause of the
movement of the actual vegetation line and the likelihood that such movement is
continuing and/or or permanent;
(d)
A description of the harm to the public or private use and enjoyment of the
specific area caused by the current location of the statutory vegetation
line;
(e) Photographs, affidavits
or other documentary evidence supporting the change proposed in the
petition;
(f) A history citing
changes since 1967 of the littoral cell in question. This shall include but not
limited to a current survey, past surveys and aerial surveys at 5-10 year
intervals.
(3) In its
investigation and review of the actual and statutory vegetation lines, and in
formulating its recommendation to the Commission, the department will consider,
but is not limited to, the following factors:
(a) The density and location of vegetation at
and near to the segment for which a change is requested;
(b) The extent of the shift of the actual
vegetation line;
(c) The cause of
any change in the location of the actual vegetation line, including accretion,
erosion, vegetative stabilization activities, construction of physical
structures, such as seawalls and revetments, sudden natural events and
non-natural causes;
(d) The
likelihood that the present location of the actual vegetation line will remain
stable over a period of twenty five years or more, not withstanding seasonal
erosion and accretion patterns. Stability will be based on review of the
physical conditions of the beach area in question as evidenced by statutory
vegetation line aerial photography taken since 1967;
(e) The line delineating the extreme high
tide, at present and in the recent past;
(f) The area commonly identified by the
public as public beach and customarily used for recreational
purposes;
(g) The fiscal impact to
the department of any proposed adjustments to the statutory vegetation
line;
(h) Prior recommendations or
decisions by the Commission regarding similarly situated segments of the
statutory vegetation line;
(i) The
length of the statutory vegetation line segment under review, and the
relationship of the existing and proposed segments under review to the existing
statutory vegetation line segments to the north and south;
(j) The effect of moving or not moving the
statutory vegetation line on private landowners' use and enjoyment of the
upland;
(k) The effect of moving or
not moving the statutory vegetation line on the public's use and enjoyment of
the state recreation areas described in ORS
390.610(2) and
(3);
(l) Direct and indirect public costs that
could be incurred by a change in the statutory vegetation line.
(4) The department may collect and
evaluate information from the following sources, among others, to assess the
factors described in section (3) of this rule:
(a) On-site inspections;
(b) Photographs including aerial photos and
mosaics;
(c) Surveys;
(d) Scientific and historical studies and
data;
(e) Consultation with local,
state and federal agencies;
(f)
Testimony presented at public hearings.
(5) The department, upon undertaking an
evaluation of the statutory vegetation line pursuant to section (1) of this
rule, shall conduct one or more public hearings in the vicinity of the affected
area. For the convenience of interested parties, the Department in its
discretion may hold additional hearings elsewhere. Notice of hearings shall be
published in a local newspaper and mailed to owners of property adjacent to the
ocean shore and within the littoral cell where the statutory vegetation line is
under review.
(6) Upon obtaining
all pertinent information and public comment, the department will forward to
the Commission a report setting forth data, comments, findings, and a proposed
recommendation regarding adjustment of specific segments of the statutory
vegetation line.
Stat. Auth.: ORS
390.124
Stats. Implemented: ORS
390.124, ORS
390.635 & ORS
390.755
