Or. Admin. R. 660-037-0060

Current through Register Vol. 63, No. 9, September 1, 2024
Section 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.

Or. Admin. R. 660-037-0060

LCDD 7-1999, f. & cert. ef. 8-20-99

Stat. Auth.: ORS 183 & ORS 197

Stats. Implemented: ORS 197.010 - ORS 197.830