Or. Admin. Code § 736-026-0005

Current through Register Vol. 63, No. 10, October 1, 2024

Section 736-026-0005 - Ocean Shore Management Goal

(1) To assure continuation of scenic and recreational values for public enjoyment at the ocean shore and to protect marine life and intertidal resources, beach logging as a general practice shall be prohibited unless such removal can be shown to provide a significant public benefit.

(2) Proposals for beach log removal shall be considered in light of the following beach management objectives:

(a) Management to protect scenic and recreational use values of driftwood. Enhance recreation by opening access routes where necessary, improving scenic values or providing needed beach use area;

(b) Management to protect the traditional practice of gathering firewood and ornamental driftwood as long as these activities are compatible with the overall recreation and scenic uses of the beach;

(c) Management to provide for the orderly retrieval of branded logs by the legal owner(s);

(d) Management to protect shorelines subject to erosion;

(e) Management to protect clam beds, intertidal marine life and wildlife habitats;

(f) Management to promote public safety by reducing critical fire hazards, reducing critical hazards to shoreline structures or eliminating other public hazards;

(g) Management to assist in fish passage or flood control;

(h) Management to provide opportunities for public participation in decision making on proposed projects;

(i) Management to protect legal interest of upland property owners and the state;

(j) Management to minimize adverse impacts of log loading and hauling operations.

(3) Individual beach areas where log removal would be permitted and the time period allowed for such removal will be determined by the state after evaluation by the State Parks and Recreation Department, consultation with local government, the upland property owner and affected state agencies (Division of State Lands, State Department of Fish and Wildlife, State Geology and Mineral Industries, State Department of Environmental Quality, State Department of Forestry, State Land Conservation and Development Department) to establish interests to be protected and considered.

(4) Adequate public notice and provision for hearings will be handled in the same manner as beach improvement applications under the State Beach Law, as set forth in ORS 390.650.

(5) The granting of emergency permits necessary to ensure public safety or the emergency retrieval of branded logs or lumber will be handled in the same manner as emergency beach improvements under the State Beach Law, as set forth in ORS 390.650.

(6) Removal permits would be planned and executed to minimize adverse operational impacts and with adequate provisions for public safety, liability insurance and consideration of private property rights. Regulations and supervisory control in this regard will be determined by the state.

Or. Admin. Code § 736-026-0005

1 OTC 71, f. & ef. 3-30-76; PR 12-1992, f. & cert. ef. 11-12-92

Stat. Auth.: ORS 183.545 & ORS 390.660

Stats. Implemented: ORS 390.660