Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS › Section 660-037-0070 - Water-Dependent Shoreland Locational and Suitability Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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.