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

   1. (a) Would directly affect a designated water-dependent shoreland site; and
   2. (b) Is initiated on or after the effective date of this division.

2. (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:

   1. (a) Change the size or shape of the site;
   2. (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
   3. (c) Prohibit all water-dependent uses and activities at the site.
3. (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. (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 or modified in accordance with OAR 660-025-0100.

5. (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.

   [Publications: Publications referenced are available from the agency.]

Statutory/Other Authority

ORS 183 & 197

Statutes/Other Implemented

ORS 197.010 - 197.830

History

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