Or. Admin. Code § 736-020-0010 - General Standards

The following general standards shall be applied, where applicable, to each application for an ocean shore permit:

(1) Project Need -- There shall be adequate justification for the project to occur on and alter the ocean shore area.

(2) Protection of Public Rights -- Public ownership of or use easement rights on the ocean shore shall be adequately protected.

(3) Public Laws -- The applicant shall comply with federal, state, and local laws and regulations affecting the project.

(4) Alterations and Project Modifications -- There are no reasonable alternatives to the proposed activity or project modifications that would better protect the public rights, reduce or eliminate the detrimental affects on the ocean shore, or avoid long-term cost to the public.

(5) Public Costs -- There are no reasonable special measures which might reduce or eliminate significant public costs. Prior to submission of the application, the applicant shall consider alternatives such as nonstructural solutions, provision for ultimate removal responsibility for structures when no longer needed, reclamation of excavation pits, mitigation of project damages to public interests, or a time limit on project life to allow for changes in public interest.

(6) Compliance with LCDC Goals -- The proposed project shall be evaluated against the applicable criteria included within Statewide Land Conservation and Development Goals #5: Natural Resources, Scenic and Historic Areas, and Open Spaces, #17: Coastal Shorelands, #18: Beaches and Dunes, and #19: Ocean Resources, and other appropriate statewide planning goals. In accordance with the Statewide Land Conservation and Development Commission Goal #18, permit applications for beachfront protective structures on the ocean shore shall be considered only where development existed on January 1, 1977. The project shall be consistent with local comprehensive plans where such plans have been approved by LCDC. When the application is for a pipeline, cable line or conduit under ORS 390.715, the project shall be consistent with Statewide Planning Goal #19, Ocean Resources, and applicable requirements of the Oregon Territorial Sea Plan.

Notes

Or. Admin. Code § 736-020-0010

HC 1221, f. 4-21-70; 1 OTC 6-1978, f. & ef. 4-5-78; PR 12-1984, f. & ef. 12-12-84

Stat. Auth.: ORS 184 & ORS 390.124

Stats. Implemented: ORS 390.605 - ORS 390.770 & ORS 390.990 - ORS 390.995