Or. Admin. Code § 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.
Notes
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.010 - ORS 197.830
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