Or. Admin. Code § 660-037-0070

Current through Register Vol. 63, No. 11, November 1, 2024

Section 660-037-0070 - Water-Dependent Shoreland Locational and Suitability Criteria

(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).

Or. Admin. Code § 660-037-0070

LCDD 7-1999, f. & cert. ef. 8-20-99

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 183 & ORS 197

Stats. Implemented: ORS 197.010 - ORS 197.830