OAR 736-020-0003: Ocean Shore Permit Application Review Process

(1) In accordance with ORS 390.640, 390.715, and 390.725, no person shall make an alteration, or construct a pipeline, cable line or conduit or remove any natural product on any property that is within the ocean shore, without first obtaining a permit to do so from the Department in accordance with the provisions of OAR 736-020-0003 through 0032, 736-020-0035, or 736-020-0040 as described in these rules, except as provided by section (9) of this rule. (2) Any person desiring to construct an ocean shore alteration, under ORS 390.640; or place any pipeline, cable line, or other conduit over, across or under the state recreation area or submerged lands adjoining the ocean shore under 390.715; or remove sand, rock, mineral or marine growth or other natural product of the ocean shore for trade, sale, resale or for use in the production, manufacture, fabrication or marketing of a commercial product under 390.725, except as provided by section (9) of this rule, shall submit an application to the Department. It shall be in such form as may be prescribed by the Department and shall be signed by the party, parties, or the authorized agent for the party or parties seeking the permit. Such application: (a) If for an alteration (improvement) under ORS 390.640, shall contain a description of the proposed project, the location thereof and any other information so prescribed on the application form; and (b) If for an ocean front protective structure, shall be accompanied by an analysis of hazard avoidance alternatives, including relocation of existing buildings or other infrastructure, or increased setbacks for new buildings or infrastructure. Such analysis shall describe why hazard avoidance alternatives are not feasible, or if tried, why they were not successful. Relevant factors may include topographic limitations, limits of area for relocation, or cost. If the cost of moving a building or infrastructure is listed as a factor which makes hazard avoidance unfeasible, then the application shall include cost estimate(s) from licensed contractors specializing in building relocation; and (c) If for an ocean front protective structure greater than 50 feet in length, shall be accompanied by a report from a registered professional geologist experienced in coastal processes that describes: (A) The potential impacts from the proposed project on sand source, supply and movement on the affected beach as well as within the same littoral cell; (B) The bank or bluff stability and erosion rates on the subject property and adjacent properties and the potential impacts of the proposed project on bluff stability and erosion rates on the subject and adjacent properties; (C) A review of potential non-structural solutions, including, but not limited to, vegetative stabilization, non-structural dynamic revetments and foredune enhancement. The review shall describe reasons why non-structural solutions were unsuccessful, if tried, or why they were considered unfeasible. (D) The known or suspected geologic and seismic hazards in the project area and how the proposed project may affect or be impacted by those geologic and seismic hazards. (d) If for a pipeline, cable line or other conduit under ORS 390.715, shall contain proposed plans for the work indicating the location, nature, scope and purpose of the project, the materials and equipment to be used and the estimated time for completion; or (e) If for natural product removal under ORS 390.725, shall contain a description of the material to be removed, the location thereof, the method of removal (including a description of equipment to be used), the amount thereof, the purpose for which it shall be used and the time and duration of removal. (f) Shall include the names of all ocean front property owners owning property that abuts the property described in the application. (3) Upon receipt of a satisfactory and complete permit application, the site of the proposed project will be posted with a public notice for a period of not less than 30 days. The notice shall contain the name of the applicant, a description of the proposed improvement, pipeline, cable line or conduit or natural product removal project and such other details of the project as the Department may deem of interest to the public. (4) In addition to the notice described in section (3) of this rule, notice of the application shall be provided to adjacent, oceanfront landowners, with property boundaries common to those of the property described in the application. (5) During the period specified in the public notice described in section (3) of this rule, the applicant or any member of the public may request a hearing on the proposed project. Such requests for hearing shall be in writing, and if filed by persons other than the applicant, shall state the interests in the proposed project of the person making the request. The Department may schedule and hold a public hearing on any application on the Director’s initiative. (6) If timely, written requests for a hearing are received from the applicant, or 10 or more other persons, or the Director decides a hearing is necessary, the Department shall schedule and hold a public hearing prior to acting on the project application. (7) Following the public hearing on a project application, or, if no public hearing was held, after the time for requesting a public hearing has expired, consideration will be given to determine if the granting of such permit would in any way be detrimental to the interests and safety of the public and to the preservation of the natural resource, scenic, recreational and economic values of the ocean shore. (8) In addition to the requirements and considerations in sections (1) through (7) of this rule, the Department shall also apply those standards set forth in OAR 736-020-0005 through 736-020-0030. (9) The Department may waive the permitting requirements described in this rule for those structures and appurtenances or other additions constructed or placed on the ocean shore, or removal or fill activities conducted on the ocean shore, which meet one or more of the following conditions: (a) The alteration would have no identifiable construction value; (b) The alteration involves the removal or fill of less than 50 cubic yards of material on the ocean shore; (c) The alteration is an incident of an individual or group recreational activity; and (d) The alteration utilizes materials naturally available on the ocean shore. (e) The alteration consists of returning sand or other natural product to the ocean shore, when necessary to clear public access routes, protect buildings from sand or debris inundation, or protect other public or private infrastructure. (10) The Department shall give notice of any application for a project under ORS 390.640, 390.715, 390.725, hearing on such an application, or decision to approve or deny such an application, to any person making written request for such notice. (11) Prior to the issuance of any permit under these rules and regulations, the Department shall send copies of the application to: (a) The Department of Fish and Wildlife; (b) The Department of Geology and Mineral Industries; (c) The Division of State Lands; (d) The Department of Land Conservation and Development; (e) The State Historic Preservation Office; (f) Any Indian tribe identified by the Legislative Commission on Indian services as having a potential interest in the proposed project; and (g) Any other appropriate agency, for their comments and recommendations. (12) As part of the applicant’s application materials, appropriate information shall be submitted regarding necessary permits, or other necessary authorization from any affected unit of local, state or federal government. (13) In the event it is determined that the issuance of a permit hereunder will affect property not owned by the applicant, the Department shall withhold the issuance of such permit until such time as the applicant shall have obtained an easement, license, or other written authorization from fee owner of such land. Such easement, license, or other written authority, shall meet the approval of the Department, except as to the compensation to be paid to the private fee owner. (14) At its option, and prior to the issuance of any permit under ORS 390.715 or 390.725, the Department may require the applicant to obtain liability insurance in an amount prescribed by the Department, insuring against any and all property damage or personal injury which might arise out of the work or project covered by the proposed permit. In the event the same is required by the Department, the applicant shall produce satisfactory evidence of such insurance in the form of a certificate from the insuring company indicating that such insurance is in effect; and further that such insurance will not be cancelled without first giving ten days prior notice thereof to the Department.