Or. Admin. Code § 660-037-0090 - Rezoning of Qualifying Shorelands to Nonwater-Dependent Uses
(1) Any amendment
to an acknowledged comprehensive plan or land use regulation under this rule
must comply with all applicable Statewide Planning Goals. For purposes of this
division, such applicable Goals include but are not limited to the following:
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces (OAR
660-015-0000(5));
Goal 7, Natural Hazards (660-015-0000(7));
Goal 16, Estuarine Resources (660-015-0010(1));
and Goal 17, Coastal Shorelands (660-015-0010(2)).
In Goal 16, the designation of estuarine management units is based in part on
the uses of the adjacent shorelands. Consequently, any change to shoreland
designations and allowed uses being proposed under this division must include
consideration of affected estuarine management unit designations and allowed
uses. This is particularly important in situations where the level of
development designated in the adjacent estuarine management unit was
acknowledged through a Goal 2 Exception; retaining that level of estuarine
development would no longer be justified without taking a new Goal 2
Exception.
(2) Local governments
that choose to rezone shoreland sites to nonwater-dependent uses as allowed
under this division are encouraged to provide for water-related and
water-oriented uses at such sites as much as possible.
Notes
Publications: Publications referenced are available from the agency.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.010 - ORS 197.830
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