OAR 660-037-0050: Minimum Water-Dependent Shoreland Protection Acreage

(1) Estuarine cities and counties shall protect for water-dependent industrial, commercial, and recreational uses a minimum amount of shorelands suitable for water-dependent uses. (2) Estuarine cities and counties shall calculate the minimum amount of shorelands to be protected within their respective political boundaries based on the following combination of factors as they may exist: (a) Current Water-Dependent Use — Acreage of estuarine shorelands that are currently being used for water-dependent uses; and (b) Former Water-Dependent Use — Acreage of estuarine shorelands that at any time were used for water-dependent uses and still possess a structure or facility that provides water-dependent access. (c) For purposes of this rule, the calculation of the minimum amount of shorelands to be protected shall include storage and other backup land that is, or in the case of former water-dependent uses was, in direct support of the water-dependent use at the site. (3) The minimum amount of shorelands to be protected in each estuary as a whole shall be equivalent to the sum of the minimum acreage calculations for each city and the county in the estuary. (4) To calculate the minimum water-dependent shoreland protection acreage required by this rule, local governments may: (a) Rely on data from local assessor maps or from plat maps that were officially adopted as part of a locally approved development plan; (b) Generate original acreage data from orthorectified aerial photography; (c) For shoreland parcels with a mixture of water-dependent and nonwater-dependent uses, visually approximate the acreage after examining assessor maps or plat maps, or after making a physical reconnaissance of the mixed-use shoreland sites; or (d) Any other valid source as appropriate.