Or. Admin. Code § 660-037-0030

Current through Register Vol. 63, No. 11, November 1, 2024

Section 660-037-0030 - Statement of Applicability

(1) This division applies to any post-acknowledgment plan amendment or periodic review work task that:

(a) Would directly affect a designated water-dependent shoreland site; and

(b) Is initiated on or after the effective date of this division.

(2) For purposes of this division, a designated water-dependent shoreland site is directly affected when any post-acknowledgment plan amendment or periodic review work task would:

(a) Change the size or shape of the site;

(b) Allow or authorize a nonwater-dependent use or activity at a 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)); or

(c) Prohibit all water-dependent uses and activities at the site.

(3) For purposes of this division, a post-acknowledgment plan amendment is "initiated" when a local government files a proposed amendment to or adoption of a comprehensive plan or land use regulation with the director in accordance with OAR 660-018-0020.

(4) For purposes of this division, a periodic review work task is "initiated" when a local government's periodic review work program is approved in accordance with OAR 660-25-0100 or modified in accordance with OAR 660-25-0100.

(5) This division does not mandate any changes to existing local comprehensive plans or land use regulations for water-dependent shorelands. Local cities and counties may retain their existing comprehensive plan designations and land use regulation designations for water-dependent shorelands.

Or. Admin. Code § 660-037-0030

LCDD 7-1999, f. & cert. ef. 8-20-99; LCDD 3-2004, f. & cert. ef. 5-7-04

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 183 & 197

Stats. Implemented: ORS 197.010 - 197.830