Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0003 - Ocean Shore Permit Application Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with ORS
			 390.640,
			 390.715, and
			 390.725, no person shall make an
			 alteration, or construct a pipeline, cable line or conduit or remove any
			 natural product on any property that is within the ocean shore, without first
			 obtaining a permit to do so from the Department in accordance with the
			 provisions of OAR 736-020-0003 through 0032,
			 736-020-0035, or
			 736-020-0040 as described in
			 these rules, except as provided by section (9) of this rule.
(2) Any person desiring to construct an ocean
			 shore alteration, under ORS
			 390.640; or place any pipeline,
			 cable line, or other conduit over, across or under the state recreation area or
			 submerged lands adjoining the ocean shore under ORS
			 390.715; or remove sand, rock,
			 mineral or marine growth or other natural product of the ocean shore for trade,
			 sale, resale or for use in the production, manufacture, fabrication or
			 marketing of a commercial product under ORS
			 390.725, except as provided by
			 section (9) of this rule, shall submit an application to the Department. It
			 shall be in such form as may be prescribed by the Department and shall be
			 signed by the party, parties, or the authorized agent for the party or parties
			 seeking the permit. Such application:
(a) If
			 for an alteration (improvement) under ORS
			 390.640, shall contain a
			 description of the proposed project, the location thereof and any other
			 information so prescribed on the application form; and
(b) If for an ocean front protective
			 structure, shall be accompanied by an analysis of hazard avoidance
			 alternatives, including relocation of existing buildings or other
			 infrastructure, or increased setbacks for new buildings or infrastructure. Such
			 analysis shall describe why hazard avoidance alternatives are not feasible, or
			 if tried, why they were not successful. Relevant factors may include
			 topographic limitations, limits of area for relocation, or cost. If the cost of
			 moving a building or infrastructure is listed as a factor which makes hazard
			 avoidance unfeasible, then the application shall include cost estimate(s) from
			 licensed contractors specializing in building relocation; and
(c) If for an ocean front protective
			 structure greater than 50 feet in length, shall be accompanied by a report from
			 a registered professional geologist experienced in coastal processes that
			 describes:
(A) The potential impacts from the
			 proposed project on sand source, supply and movement on the affected beach as
			 well as within the same littoral cell;
(B) The bank or bluff stability and erosion
			 rates on the subject property and adjacent properties and the potential impacts
			 of the proposed project on bluff stability and erosion rates on the subject and
			 adjacent properties;
(C) A review
			 of potential non-structural solutions, including, but not limited to,
			 vegetative stabilization, non-structural dynamic revetments and foredune
			 enhancement. The review shall describe reasons why non-structural solutions
			 were unsuccessful, if tried, or why they were considered unfeasible.
(D) The known or suspected geologic and
			 seismic hazards in the project area and how the proposed project may affect or
			 be impacted by those geologic and seismic hazards.
(d) If for a pipeline, cable line or other
			 conduit under ORS 390.715, shall contain proposed
			 plans for the work indicating the location, nature, scope and purpose of the
			 project, the materials and equipment to be used and the estimated time for
			 completion; or
(e) If for natural
			 product removal under ORS
			 390.725, shall contain a
			 description of the material to be removed, the location thereof, the method of
			 removal (including a description of equipment to be used), the amount thereof,
			 the purpose for which it shall be used and the time and duration of
			 removal.
(f) Shall include the
			 names of all ocean front property owners owning property that abuts the
			 property described in the application.