justicedao/ipfs_state_laws huggingface dataset:
660-035-0060 Consistency for Outer Continental Shelf (OCS) Activities (1) When reviewing an outer continental shelf activity that requires an authorization from the U.S. Department of the Interior pursuant to the Outer Continental Shelf Lands Act (43 USC § 1331–1356(a) for consistency with the enforceable policies of the OCMP, the department shall conform to the requirements and procedures provided in 15 CFR Part 930, Subpart E. (2) For review of an outer continental shelf activity, an applicant must submit to the Secretary of the Interior or designee a consistency certification and materials described in 15 CFR §930.76. The Secretary of the Interior or designee will furnish the department with a copy of the information. (3) The department shall provide for public participation consistent with the provisions of 15 CFR §930.77. To do so, the department will follow the procedure set forth in OAR 660-035-0050(3)(a)–(c). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 196.435 History: LCDD 8-2012, f. & cert. ef. 6-15-12 LCDC 7-1988, f. & cert. ef. 9-29-88
660-035-0070 Consistency for Federal Assistance to State and Local Governments (1) When reviewing applications for federal assistance to state and local governments for consistency with the enforceable policies of the OCMP, the department shall conform to the requirements and procedures provided in 15 CFR Part 930, Subpart F. (2) For review of federal assistance to state and local governments, the applicant agency must submit to the department the materials described in 15 CFR §930.94. (3) The department’s review period for consistency certifications for federal assistance to state and local governments shall be 60 days. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 196.435 History: LCDD 8-2012, f. & cert. ef. 6-15-12 LCDC 7-1988, f. & cert. ef. 9-29-88
660-036-0000 Territorial Sea Plan The Land Conservation and Development Commission adopts and herein incorporates by reference as part of the Oregon Coastal Management Program, the Territorial Sea Plan: (1) Part One (Ocean Management Framework) approved by the Ocean Policy Advisory Council on August 12, 1994, and as amended May 4, 2001. (2) Part Two (Making Resource Use Decisions) approved by the Ocean Policy Advisory Council on August 12, 1994. (3) Part Three (Rocky Habitat Management Strategy) approved by the Ocean Policy Advisory Council on November 4, 2021 and as amended on December 9, 2022. [Publications: Publications referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 196.471, ORS 197.040 & ORS 196.443(1)(a) Statutes/Other Implemented: ORS 196.465 & ORS 196.471 History: LCDD 7-2023, amend filed 08/02/2023, effective 08/02/2023 LCDD 3-2023, amend filed 02/23/2023, effective 02/23/2023 LCDC 5-1995, f. & cert. ef. 5-24-95
660-036-0001 Telecommunication Cables, Pipelines, and Other Utilities The Land Conservation and Development Commission adopts as part of the Oregon Coastal Management Program, and herein incorporates by reference, an amendment to the Territorial Sea Plan Part Four: Uses of the Sea Floor, that the Commission approved as modified on December 01, 2000 and November 3, 2023. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 183.310 - 550, ORS 196.465, ORS 196.471 & ORS 197 Statutes/Other Implemented: ORS 196.465, ORS 196.471 & ORS 197.040 History: LCDD 13-2024, amend filed 12/16/2024, effective 12/16/2024 LCDD 1-2001, f. 1-25-01, cert. ef. 1-26-01
660-036-0003 Territorial Sea Plan: Ocean Policies The Land Conservation and Development Commission adopts as part of the Oregon Coastal Management Program, and herein incorporates by reference, an amendment to the Territorial Sea Plan entitled Ocean Management Goals and Policies that was approved by the Ocean Policy Advisory Council on June 4, 1999. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 196.471 History: LCDD 5-2001, f. & cert. ef. 10-16-01
660-036-0005 Territorial Sea Plan: Use of the Territorial Sea for the Development of Renewable Energy Facilities or Other Related Structures, Equipment or Facilities The Land Conservation and Development Commission adopts as part of the Oregon Coastal Management Program, and herein incorporates by reference, an amendment to the Territorial Sea Plan Part Five: Use of the Territorial Sea for the Development of Renewable Energy Facilities or Other Related Structures, Equipment or Facilities, that the Commission approved as modified on May 24, 2019. [Publications: Publications referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 196.471 History: LCDD 6-2019, amend filed 10/28/2019, effective 10/28/2019 LCDD 3-2013, f. & cert. ef. 10-7-13 LCDD 4-2009, f. & cert. ef. 11-25-09
660-036-0010 Ocean Resources Management Plan The Land Conservation and Development Commission adopts and herein incorporates by reference the Ocean Resources Management Plan adopted by Commission Order #90-OCEAN-699, December 12, 1990, and amendments to the Ocean Resources Management Plan as approved by the Ocean Policy Advisory Council on March 11, 1994 and June 10, 1994. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183.310 - 183.550, 196.465, 196.471 & 197.040 Statutes/Other Implemented: ORS 196.405 - 196.515 & 197.040 History: LCDC 5-1995, f. & cert. ef. 5-24-95
660-037-0010 Purpose Statement The purpose of this division is to implement Coastal Shoreland Uses Requirement 2 of Goal 17 Coastal Shorelands (OAR 660-015-0010(2)) regarding water-dependent shorelands in estuaries. This division explains how to calculate the minimum amount of shorelands to be protected for water-dependent uses. This division also identifies the qualifications of shorelands suitable for water-dependent uses as well as suggested land use regulations for implementation. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.010 - 197.830 History: LCDD 7-1999, f. & cert. ef. 8-20-99
660-037-0020 Policy (1) The Land Conservation and Development Commission (LCDC) recognizes that since the early 1980s, when comprehensive estuary management plans were acknowledged by LCDC, significant economic changes experienced in coastal communities have affected the demands for shorelands. During this period, most of the shorelands designated for water-dependent development in local estuary plans have remained vacant. As a result of these economic changes, there have been increased pressures to develop the vacant or underdeveloped water-dependent lands for nonwater-dependent uses. (2) The reasons to protect certain shorelands for water-dependent uses are both economic and environmental. Economically, shoreland sites for water-dependent development are a finite economic resource that usually need protection from prevailing real estate market forces. By its very nature, water-dependent development can occur only in shoreland areas and only in certain shorelands with suitable characteristics relating to water access, land transportation and infrastructure, and surrounding land use compatibility. Once these suitable sites are lost to nonwater-dependent uses, they are very difficult and expensive to recover, if at all. Environmentally, providing “suitable” areas for water-dependent development means less economic and political pressure to accommodate future development in environmentally sensitive areas such as wetlands, marshes, and biologically productive shallow subtidal areas. (3) As a matter of state policy, it is not desirable to allow these scarce and non-renewable resources of the marine economy to be irretrievably committed to, or otherwise significantly impaired by, nonindustrial or nonwater-dependent types of development which enjoy a far greater range of locational options. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.010 - 197.830 History: LCDD 7-1999, f. & cert. ef. 8-20-99
660-037-0030 Statement of Applicability (1) This division applies to any post-acknowledgment plan amendment or periodic review work task that: (a) Would directly affect a designated water-dependent shoreland site; and (b) Is initiated on or after the effective date of this division. (2) For purposes of this division, a designated water-dependent shoreland site is directly affected when any post-acknowledgment plan amendment or periodic review work task would: (a) Change the size or shape of the site; (b) Allow or authorize a nonwater-dependent use or activity at a 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)); or (c) Prohibit all water-dependent uses and activities at the site. (3) For purposes of this division, a post-acknowledgment plan amendment is “initiated” when a local government files a proposed amendment to or adoption of a comprehensive plan or land use regulation with the director in accordance with OAR 660-018-0020. (4) For purposes of this division, a periodic review work task is “initiated” when a local government’s periodic review work program is approved in accordance with OAR 660-025-0100 or modified in accordance with OAR 660-025-0100. (5) This division does not mandate any changes to existing local comprehensive plans or land use regulations for water-dependent shorelands. Local cities and counties may retain their existing comprehensive plan designations and land use regulation designations for water-dependent shorelands. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.010 - 197.830 History: LCDD 3-2004, f. & cert. ef. 5-7-04 LCDD 7-1999, f. & cert. ef. 8-20-99
660-037-0050 Minimum Water-Dependent Shoreland Protection Acreage (1) Estuarine cities and counties shall protect for water-dependent industrial, commercial, and recreational uses a minimum amount of shorelands suitable for water-dependent uses. (2) Estuarine cities and counties shall calculate the minimum amount of shorelands to be protected within their respective political boundaries based on the following combination of factors as they may exist: (a) Current Water-Dependent Use — Acreage of estuarine shorelands that are currently being used for water-dependent uses; and (b) Former Water-Dependent Use — Acreage of estuarine shorelands that at any time were used for water-dependent uses and still possess a structure or facility that provides water-dependent access. (c) For purposes of this rule, the calculation of the minimum amount of shorelands to be protected shall include storage and other backup land that is, or in the case of former water-dependent uses was, in direct support of the water-dependent use at the site. (3) The minimum amount of shorelands to be protected in each estuary as a whole shall be equivalent to the sum of the minimum acreage calculations for each city and the county in the estuary. (4) To calculate the minimum water-dependent shoreland protection acreage required by this rule, local governments may: (a) Rely on data from local assessor maps or from plat maps that were officially adopted as part of a locally approved development plan; (b) Generate original acreage data from orthorectified aerial photography; (c) For shoreland parcels with a mixture of water-dependent and nonwater-dependent uses, visually approximate the acreage after examining assessor maps or plat maps, or after making a physical reconnaissance of the mixed-use shoreland sites; or (d) Any other valid source as appropriate. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.010 - 197.830 History: LCDD 7-1999, f. & cert. ef. 8-20-99
660-037-0060 Designate Water-Dependent Shorelands (1) Estuarine city and county comprehensive plans shall designate as water-dependent shorelands a sufficient total acreage that is equal to or greater than the minimum water-dependent shorelands acreage calculated by OAR 660-037-0050 above. In addition, all shorelands designated in accordance with this rule shall satisfy the water-dependent access locational criteria of OAR 660-037-0070 below. (2) Designation Options. Either Option A or Option B: (a) Option A: An individual estuarine city or county may designate as water-dependent shorelands any shorelands within its planning jurisdiction the total acreage of which is equal to or greater than the minimum acreage of water-dependent shorelands calculated for protection in OAR 660-037-0050 above. (b) Option B: An individual estuarine city or county may designate as water-dependent shorelands any shorelands within its planning jurisdiction the total acreage of which is less than the minimum acreage of water-dependent shorelands calculated for protection in OAR 660-037-0050 above. An estuarine city or county choosing to exercise this option must do so in coordination with one or more of the other city and county governments in the estuary. This means that the local governments participating in Option B must do the following: (A) Revise their comprehensive plans and land use regulations in compliance with this division; and (B) Designate as water-dependent shorelands any shorelands within the estuary whose total acreage is equal to or greater than the minimum acreage of water-dependent shorelands calculated for the estuary as a whole in OAR 660-037-0050 above. In effect, this means that the other cities and the county in the estuary will provide the water-dependent shoreland acreage not provided by the jurisdiction or jurisdictions exercising Option B. (3) Local governments are encouraged to designate and protect as water-dependent shorelands an amount that is greater than the minimum required to be protected by this division. This “excess capacity” may be beneficial to achieving local economic objectives over the long term. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.010 - 197.830 History: LCDD 7-1999, f. & cert. ef. 8-20-99
660-037-0090 Rezoning of Qualifying Shorelands to Nonwater-Dependent Uses (1) Any amendment to an acknowledged comprehensive plan or land use regulation under this rule must comply with all applicable Statewide Planning Goals. For purposes of this division, such applicable Goals include but are not limited to the following: Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces (OAR 660-015-0000(5)); Goal 7, Natural Hazards (660-015-0000(7)); Goal 16, Estuarine Resources (660-015-0010(1)); and Goal 17, Coastal Shorelands (660-015-0010(2)). In Goal 16, the designation of estuarine management units is based in part on the uses of the adjacent shorelands. Consequently, any change to shoreland designations and allowed uses being proposed under this division must include consideration of affected estuarine management unit designations and allowed uses. This is particularly important in situations where the level of development designated in the adjacent estuarine management unit was acknowledged through a Goal 2 Exception; retaining that level of estuarine development would no longer be justified without taking a new Goal 2 Exception. (2) Local governments that choose to rezone shoreland sites to nonwater-dependent uses as allowed under this division are encouraged to provide for water-related and water-oriented uses at such sites as much as possible. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.010 - 197.830 History: LCDD 7-1999, f. & cert. ef. 8-20-99
660-038-0000 Purpose (1) The purpose of this division is to implement ORS 197A.300 to 197A.325 by providing simplified methods to evaluate and amend an urban growth boundary (UGB) for a city outside Metro. (Note: ORS 197A.320 regarding the establishment of study areas and the priority of lands for UGB amendment applies both to the “simplified” UGB methods under this division and to the “traditional” UGB method described in OAR chapter 660, division 24. Rules in this division at OAR 660-038-0160 and 660-038-0170 interpret that statute with respect to the simplified methods. Rules at OAR 660-024-0065 and 660-024-0067 interpret ORS 197A.320 for purposes of the traditional UGB method). (2) The method for UGB evaluation and amendment described in OAR chapter 660, division 24 (the traditional UGB method) is not modified by this division. Cities may choose to apply the methods described in this division instead of division 24 in order to evaluate or amend a UGB, as described in OAR 660-038-0020. (3) The methods described in this division are intended to achieve the following objectives provided in ORS 197A.302: (a) Become, as a result of reduced costs, complexity and time, the methods that are used by most cities with growing populations to manage their urban growth boundaries; (b) Encourage, to the extent practicable given market conditions, the development of urban areas in which individuals desire to live and work and that are increasingly efficient in terms of land uses and in terms of public facilities and services; (c) Encourage the conservation of important farm and forest lands, particularly lands that are needed to sustain agricultural and forest products industries; (d) Encourage cities to increase the development capacity within their urban growth boundaries; (e) Encourage the provision of an adequate supply of serviceable land that is planned for needed urban residential and industrial development; and (f) Assist residents in understanding the major local government decisions that are likely to determine the form of a city’s growth. Statutory/Other Authority: ORS 197.040, 197A.305, 197A.320 & 197.235 Statutes/Other Implemented: ORS 197A.300, 197A.302, 197A.305, 197A.310, 197A.312, 197A.315, 197A.320 & 197A.325 History: LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16
660-038-0010 Definitions The definitions in ORS 197.015, the statewide planning goals, and the following definitions apply to this division: (1) “Buildable lands” means land in urban or urbanizable areas that are suitable for urban uses, as provided in ORS 197A.300(1). Note: This definition applies to this division only; a different definition of “buildable lands” is provided in laws and rules concerning needed housing (ORS 197.295; OAR 660-007-0005 and 660-008-0005 and OAR 660-024-0010). (2) “Commercial” and “commercial use” mean office, retail, institutional and public employment land uses described by the North American Industry Classification System (NAICS) Categories 44, 45, 51, 52, 53, 54, 55, 56, 61, 62, 71, 72, 81, 92, and 99. These are land uses that generally do not require significant space for indoor or outdoor production or logistics. (3) “Industrial” and “industrial use” mean employment activities including, but not limited to, manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment, and research and development, that generate income from the production, handling or distribution of goods or services, including goods or services in the traded sector, as defined in ORS 285A.010. “Industrial use” means NAICS Categories 11, 21, 22, 23, 31, 32, 33, 42, 48, and 49. These are land uses that generally require significant space for indoor or outdoor production or logistics. (4) “Initiate” means that the local government issues a public notice specified in OAR 660-018-0020, including a notice to the Department of Land Conservation and Development, for a proposed plan amendment that concerns evaluating or amending a UGB. (5) “Nonresource land” has the meaning specified in OAR 660-004-0005(3). (6) “Range” means a range of numbers specified in rules in this division (see ORS 197A.325(2)(a)). A city may choose to use the number at either end of a stated range or any number between. Ranges allow a city to make choices regarding its future growth. (7) “Serviceable” means, with respect to land supply in a UGB, and as described in OAR 660-038-0200, that: (a) Adequate sewer, water and transportation capacity for planned urban development is available or can be either provided or made subject to committed financing; or (b) Committed financing can be in place to provide adequate sewer, water and transportation capacity for planned urban development. (8) “UGB” means “urban growth boundary.” (9) “Urbanizable land” means land inside a UGB that, due to the present unavailability of urban facilities and services, or for other reasons, either retains the zone designations assigned prior to inclusion in the UGB or is subject to interim zone designations intended to maintain the land’s potential for planned urban development until appropriate public facilities and services are available or planned. Statutory/Other Authority: ORS 197.040, 197A.305, 197A.320 & 197.235 Statutes/Other Implemented: ORS 197A.300, 197A.302, 197A.305, 197A.310, 197A.312, 197A.315, 197A.320 & 197A.325 History: LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16
660-038-0040 Determine the Mix of Dwelling Units Needed (1) A city must determine the current mix of housing types within the city based on the percentages of low density, medium density, and high density residential dwellings using: (a) For cities with UGB population less than 2,500, the percentages determined in the most recent five-year American Community Survey conducted by the United States Census; (b) For cities with UGB population greater than or equal to 2,500, using either the percentages determined in: (A) The most recent American Community Survey conducted by the United States Census, or (B) An average of the two most recent American Community Surveys conducted by the United States Census. (2) For the purposes of this rule and for OAR 660-038-0050: (a) For cities with a UGB population less than 2,500, single-family detached dwellings shall be considered low density residential, and all other dwellings shall be considered medium density residential. (b) For cities with a UGB population greater than or equal to 2,500, single-family detached dwellings shall be considered low density residential; single-family attached dwellings, mobile homes, and multiplexes with two to four units shall be considered medium density residential; and multi-family dwellings with five or more units shall be considered high density residential. (3) A city must project the mix of housing types needed for new development over the 14-year period using the ranges of numbers in Table 1. The percentage of low density residential development is calculated by subtracting the percentage of medium density and high density residential development selected by the city from the table. (4) To determine the number of low density, medium density and high density dwelling units needed over the 14-year period, the city must multiply the percentages of needed housing for different housing categories determined in section (3) by the total housing need determined in OAR 660-038-0030. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 197.040, 197A.305, 197A.320 & 197.235 Statutes/Other Implemented: ORS 197A.300, 197A.302, 197A.305, 197A.310, 197A.312, 197A.315, 197A.320 & 197A.325 History: LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16