Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 5 - TSUNAMI INUNDATION ZONE › Section 632-005-0080 - Exceptions; Procedures; Timing; Appeals

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