OAR 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 (Statewide Planning Goals and Guidelines #16 Through #19)(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 (Notice of a Proposed Change to a Comprehensive Plan or Land Use Regulation).(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 660-025-0100 (Notice and Filing of Objections (Work Program Phase)) or modified in accordance with OAR 660-025-0100 (Notice and Filing of Objections (Work Program Phase)).(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.
Source:
Rule 660-037-0030 — Statement of Applicability, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-037-0030
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