The Oregon Estuary Plan Book - p9
Page 1: Introduction, Estuaries in Oregon
Page 2: Subsystems of Oregon Estuaries
Page 3: Forces That Create Estuaries in Oregon
Page 4: The Path to Estuary Planning
Page 5: Requirements and Classifications
Page 6: Management Unit Designation
Page 8: Other State and Federal Regulations
Page 9: Shoreland Planning Requirements
Page 10: Dredged Material Disposal
Page 11: Mitigation and Restoration Sites
Shoreland Planning Requirements
Lands bordering estuaries support a variety of uses which are important for both estuarine protection and development. Shorelands provide special habitat areas for wildlife and buffer the estuary form upland land uses. At the same time, proximity to the estuarine is essential to some types of development and attractive to most others. As a result, shorelands are ecologically important and sensitive areas, yet subject to extreme development pressures.
Goal 17 (Coastal Shorelands) sets out planning and management requirements for lands bordering estuaries, as well as lands bordering coastal lakes and ocean shore. Shorelands are also covered by the other Statewide Planning Goals. As a result, a wide variety of planning requirements apply to estuary shorelands.
Coastal shorelands boundary
Shorelands Boundary
The first step in applying Goal 17's requirements is defining the area that is considered "coastal shorelands." The landward limit of the coastal shorelands boundary is set by inventorying lands within 1000 feet of the estuary shoreline. Resources important to the estuary within this "planning area" must be included within the coastal shorelands boundary.
Shoreland Uses
Coastal shorelands support a wide variety of uses. Since Goal 17 works in combination with other Statewide Planning Goals, an equally wide variety of plan and zone designations regulate uses in coastal shoreland areas. These cover the full range of uses, from urban and rural uses to natural area preservation.
Goal 17 requires that cities and counties establish a "coastal shoreland boundary" on lands bordering coastal waters, including estuaries. Lands within the boundary are to be planned and managed to recognize their relationship with, and importance to, coastal waters. The coastal shorelands boundary around estuaries must be a minimum of fifty feet upland of the estuary shoreline. The shoreline, or the upper limit of the estuary, is either the line of nonaquatic vegetation or mean higher high water, whichever is higher. The boundary must extend upland to include the following areas and resources:
- Areas subject to ocean flooding;
- Areas of geologic instability;
- Riparian vegetation;
- Significant shoreland and wetland biological habitats;
- Areas needed for water-dependent and water-related uses, including dredged material disposal and mitigation sites; and
- Areas of exceptional aesthetic or scenic quality.
The shorelands boundaries shown in the Estuary Plan Book reflect the boundaries in acknowledged comprehensive plans. In 1984, LCDC amended Goal 17 to allow cities and counties to narrow the shorelands boundary to exclude lands subject to estuary or riverine flooding. The effect of this amendment will be to exclude some floodplain areas, mostly agricultural lands, from the shorelands boundary. Cities and counties will be revising the shorelands boundaries at the time of periodic plan review.
Coastal shoreland uses
All kinds of land uses occur on estuarine shorelands. Consequently, shorelands are covered by virtually every different kinds of plan and zone designation used by coastal cities and counties. Although Goal 17 sets additional requirements for coastal shorelands, it is important to understand the limitations established by requirements of other Statewide Planning Goals which also apply within the shorelands boundary.
It is important to note that the zoning districts vary from jurisdiction to jurisdiction. The list of permitted and conditional uses presented her is generally representative of the uses typically permitted by plans and the applicable Statewide Planning Goals. Individual city and county comprehensive plans should be consulted to determine the actual list of permitted and conditional uses for each local zoning district.
The one to three letter symbols in parentheses (e.g. FU, F, RR, etc.) correspond to a generic zoning classification that is used to provide coastwide comparisons.
Mixed agricultural and forest lands (FF)
Tracts of land that meet the criteria listed above for agricultural or forest land but are presently in smaller ownerships.
Minimum Lot Size: Usually 20 acres.
Permitted Uses: Same or similar to uses listed as permitted in agricultural and forest lands.
Uses Subject to Review: Same or similar to uses listed as subject to review in agricultural and forest lands.
Agricultural lands (FU)
Includes lands within SCS soil Classes I–IV and other lands used for farming or necessary for farm operations.
Minimum Lot Size: 40 acres is the most common minimum lot size used by coastal counties. In some situations, counties have applied larger or smaller minimum lot sizes to fit the pattern of agriculture in a particular area of the county. Counties may choose to specify no minimum lot size, but rather review proposed partitions on the basis that the resulting parcels will support commercial farm use.
| Permitted Uses | Uses Subject to Review |
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Forest lands (F)
| Permitted Uses | Uses Subject to Review |
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Includes existing and potential forest lands that are suitable for commercial forest uses, and other forested lands needed for watershed protection, wildlife and fisheries habitat, and recreation. (Lands suitable for commercial forest uses include all lands capable of growing 50 cubic feet or more per acre per year.)
Minimum Lot Size: 40 acres is the typical minimum lot size. A number of counties have 80-acre minimum lot sizes. The Goal also allows counties to choose not to specify a minimum lot size, in which case they review requests for divisions on a case-by-case basis to determine whether or not the lot size is sufficient to support commercial forest use.
Rural residential lands (RR)
Lands outside of urban growth boundaries that are either physically developed with homes or are committed to nonresource use by the surrounding pattern of nonresource related development (i.e. the pattern of existing development (homes, sewer, water, roads) makes it impractical to manage the land for farm or forest use).
Minimum Lot Size: Typically one, two, or five acres.
Minimum lot sizes usually reflect the existing pattern of development in the area and the extent of available public facilities, especially public sewer and water systems. Areas with five-acre minimum lot sizes typically provide their own water and have onsite sewage disposal systems, though some areas are served by community water systems. Lands developed and zoned for development between one and five acres typically are served by community water systems. Areas developed and zoned for one acre lots typically are served by both community sewer and water systems.
| Permitted Uses | Uses Subject to Review |
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Urban residential (UR)
Lands within UGB's that are presently developed at or designated for higher density residential development.
Minimum Lot Sizes: Typically range from 5,000 to 20,000 square feet.
Typical Use Provisions: Most cities have two to four different residential zones to provide for different densities and types of housing. These typically include an R-1 zone, which provides for single family dwellings on larger lots (10,000 square feet or more); an R-2 zone, which allows duplexes or manufactured housing, and which may have a smaller minimum lot size (typically 7,500 square feet); and an R-3 zone, which allows apartment buildings and/or mobile homes. An R-4 zone would usually allow higher density multifamily housing and some commercial uses such as motels or convenience stores.
Commercial (C)
Commercially-zoned lands are typically located near high surface traffic areas with residential areas nearby. Minimum lot sizes vary according to the size of population being served. Cities usually have two or three zones to provide for different types of commercial uses.
Minimum Lot Sizes: Minimum lot sizes vary from zone to zone and jurisdiction to jurisdiction.
Industrial (I)
Industrially-zoned lands are usually located near sources of raw materials, power or transportation facilities, or established markets.
Minimum Lot Sizes: Most local governments do not specify minimum lot sizes in industrial zones.
Typical Use Provisions: Smaller cities generally have one industrial zone designation which allows a wide range of industrial uses. Larger cities have two or three industrial zones. Light Industrial zones typically allow industrial uses that do not cause off-site effects like noise, dust, vibration or smoke. Some commercial uses like warehousing are often allowed in Light Industrial zones. General Industrial zones allow all but the most intense industrial uses, such as large log, lumber, and pulp mills, which are allowed in Heavy Industrial zones.
Public facilities (PUB)
Publicly-owned lands or facilities except for state and federal forest lands. This includes sewer and water treatment facilities, schools, and may also include state parks.
Minimum Lot Size: There are typically no lot size requirements.
Typical Use Provisions: Public land and public facility zones generally only allow for the establishment or expansion of the types of public facilities described above. The State Parks and Recreation Division has developed State Park Master plans which detail the permitted uses of land within individual parks.
Special shoreland sites
Although all shorelands are important, a few shoreland sites are especially important, either because of their proximity to the estuary or because they play a critical role in protection and proper development of estuarine resources. These include sites for estuarine mitigation and restoration, sites for disposal of dredged material, sites for water-dependent development, significant habitats, and riparian vegetation. Goal 17 recognizes the importance of these areas through additional requirements for protection of shoreland sites with special values.
Protecting special shoreland sites
Protection of special shoreland sites is accomplished in a variety of ways, including special zoning districts, overlay zones, and supplementary requirements. Each of these zoning techniques either limit or prohibit uses which would prevent or interfere with use of the site for its intended purpose.
Special zoning districts are regular zones designed to provide for a particular type of use, like water-dependent industrial development. Permitted and conditional uses are listed in the zone, along with procedures and standards for approval of development.
Special Shoreland Sites
A few shoreland sites have special values which require additional protection above and beyond regular plan and zone designations. These include special zoning for sites which are needed for economic development, like sites for water-dependent development, as well as areas needed for estuarine protection and enhancement, like significant habitat and mitigation sites. Plans must identify and provide special protection for these sites.
A second approach is the use of an overly zone. An overlay zone is a special zone that is applied "over," or in addition to, a base zone. An overlay zone usually places additional restrictions on uses that are otherwise permitted by the underlying or parent zone. This technique is typically used to protect DMD and mitigation sites.
A third protection technique is the adoption of supplementary regulations. Supplementary regulations are special standards in a regular zoning district which apply only to certain resources or areas within the district. The standards usually include either a definition of the resource to be protected or a reference to a map or inventory of the protected resource. Supplementary regulations are used when a resource occurs in a variety of different zoning districts and the jurisdiction chooses not to use an overlay zone. For example, riparian vegetation is usually protected through supplementary regulations in most zoning ordinances.
