632-005-0080 Exceptions; Procedures; Timing; Appeals (1) The board may grant exceptions to the restrictions in ORS 455.446(1)(a) on constructing certain facilities or structures, including replacement facilities and structures, in the tsunami inundation zone as provided in this Rule and ORS 455.446(1)(d). (2)(a) An application for an exception must be made in writing and submitted to the department. The application must include a site map that shows elevations and the location and use of all proposed structures and facilities. The application also must demonstrate how the safety of building occupants will be assured as required by ORS 455.446(1)(d). (b) To the extent the information is applicable and reasonably available, the application also must include the following information: (A) Proposed mitigation that is the basis for the exception, such as evacuation or construction methods and the nearness and accessibility of evacuation sites that are clearly safe from tsunami inundation; (B) Estimates of the anticipated amount of time between the earthquake event and the time the first tsunami strikes, and the ease with which the facility or structure can be evacuated; (C) The name and source of any alternative tsunami model used, and a showing of whether the proposed facility or structure would be located outside the inundation zone and, if so, how far outside the zone; (D) Citations to the sources of any geologic field data that were not used to establish the adopted inundation zone and a showing of whether the proposed facility or structure would be located outside the inundation zone identified by the new data and, if so, how far outside the zone; (E) The structural ability of the proposed facility or structure to withstand the earthquake that precedes the tsunami; (F) The structural ability of the proposed facility to withstand a tsunami; (G) The needs being met by locating the facility or structure at a particular site; (H) The lack of suitable alternatives for a facility or structure; (I) Whether the proposed facility or structure is a replacement of a facility or structure that was used for the same use; and (J) Other relevant information supporting the request for exception. (c) The board or its delegate shall determine whether the application is complete and may require any additional information that is reasonably necessary for the evaluation of the request for an exception. (d) The board or its delegate shall hold a public hearing for the purpose of informing the public about, and considering public comment on, the request for an exception. (e) The board shall grant or deny the request for an exception within 60 days after the receipt of a complete application unless the developer agrees to an extension. (f) The board may grant a request for an exception subject to conditions determined by the board to be appropriate under ORS 455.446(1)(d). (3) A hearing on an application for an exception is not a contested case hearing, and the board’s order on an application for an exception is not a contested case order. An order may be appealed to the circuit court under ORS 183.484. (4) Developers are encouraged to request an exception prior to seeking land use or building permit approvals. However, a decision to grant or deny an exception does not supersede any required land use, building permit, or change in use approvals nor is it intended to influence such approvals. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 455.446 & 455.447 History: GMI 1-1996, f. & cert. ef. 1-31-96