TSUNAMI INUNDATION ZONE
(1) The rules in this division implement the department's responsibilities under ORS 455.446 and 455.447 relating to the construction of specified facilities and structures within the specified tsunami inundation zones.
(2) The objective of the tsunami statutes and these implementing rules is to reduce the risk of loss of life. Risks will be reduced primarily by providing information and assistance to developers and by limiting where certain types of essential facilities or special occupancy structures may be located.
(3) ORS 455.446 and 455.447 and these rules:
(a) Establish a tsunami inundation zone;
(b) Require the developers of certain new essential facilities, hazardous facilities, major structures, and special occupancy structures which are regulated but not prohibited within the inundation zone under these rules to consult with the department before seeking land use or building permit or change in use approval;
(c) Prohibit the construction of certain new essential and special occupancy structures within the inundation zone;
(d) Provide a site-specific exception process for structures prohibited under subsection (3)(c). This process would consider relative risks, evacuation strategies, competing interests, construction strategies, terrain modifications, and other considerations; and
(e) Provide a general exemption for water-dependent and water-related structures and site-specific exemptions for certain essential facilities and special occupancy structures based upon the need for strategic location or school district boundaries.
(4) Evacuation is the preferred strategy for dealing with tsunami risk.
Applicability to New Facilities and Structures
The authority enforcing the Oregon Structural Specialty Code shall determine whether a developer is proposing new construction, additions, alterations, repairs, conversions, or replacements.
(1) The provisions of OAR 632-005-0000 to 632-005-0090 apply to facilities and structures for which applications for land use or building permit approval for new construction, including replacements of facilities or structures on the same site, were filed on or after the effective date of these rules.
(2) Replacement facilities and structures are also addressed in OAR 632-005-0080.
(3) Provisions do not apply to facility or structure additions, alterations, or repairs on the same site.
(4) Provisions do apply to conversions of an existing facility or structure if this places the facility or structure in a regulated category.
(1) In addition to the definitions in ORS 455.447, the following definitions shall apply unless another definition is clearly indicated by context:
(a) "Board" means the Governing Board of the Department of Geology and Mineral Industries.
(b) "Capacity" means the maximum allowable occupants that may be served in the facility or structure in accordance with applicable laws or other authority.
(c) "Competing interests and other considerations" means any well-founded consideration that is reasonably related to balancing or management of tsunami risks. It includes, but is not limited to, scientific data regarding tsunami risks and mitigation measures such as evacuation strategies.
(d) "Consultation" means information provided by the department to a prospective developer during information transfer under ORS 455.447 and OAR 632-005-0060. It includes, but is not limited to, printed material; references to scientists, engineers, or others with expertise in matters relating to tsunami hazards; reports summarizing information known about the site or surrounding area; information derived from field visits; and recommendations regarding potential mitigation measures. Consultation is not binding.
(e) "Department" means the Oregon Department of Geology and Mineral Industries.
(f) "Developer" means local governments, districts, or other persons proposing to develop new essential facilities, hazardous facilities, major structures, or special occupancy structures that are addressed by ORS 455.446 to 455.447 and these rules.
(g) "Exception" means a board order under ORS 455.446(1)(d) and OAR 632-005-0080 allowing the siting of a facility or structure that would otherwise be prohibited by ORS 455.446(1)(a). An exception is not a land use or building codes approval.
(h) "Mitigative construction strategy" means a design plan that reasonably provides for evacuation to higher floors or unhindered site evacuation with a reasonable expectation of safety in the event of a tsunami.
(i) "Mitigative terrain modification" means landscaping that can reasonably be expected to mitigate tsunami risk for the site in question. It may include, but is not limited to, placement of fill on the site, berms or other protective features around the site, or ground armoring to limit tsunami erosion beneath or around facilities or structures. In this context, ground armoring does not necessarily include sea wall construction.
(j) "New," when referring to a facility or structure, means that application for land use or building permit or change in use approval was made on or after the effective date of these rules.
(k) "Risk" means the threat to people posed by a tsunami hazard for the proposed use of a site.
(l) "Tsunami hazard" means, as determined by scientific expectation, the size of the tsunami, the kind of tsunami action, including velocity, and the estimated recurrence frequency of the tsunami event for a given site.
(m) "Tsunami inundation zone" for the purpose of these rules means the area subject to tsunami inundation as depicted on maps adopted under OAR 632-005-0030 of these rules and intended for the implementation of ORS 455.446 and ORS 455.447.
(n) "Water-dependent" means a use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water.
(o) "Water-related" means uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs.
(2) In addition, the definitions in the Oregon Structural Specialty Code of the Department of Consumer and Business Services shall apply unless a different meaning is clearly indicated by context.
Adoption of Maps for the Purposes of Screening New Essential Facilities, Hazardous Facilities, Major Structures, and Special Occupancy Structures
(1) In implementing the provisions of ORS 455.446 and 455.447, decisions of the board may be based upon a tsunami produced by a Cascadia subduction zone earthquake event of reasonable size, using current earthquake science, geologic science and modeling techniques.
(2) In adopting maps of the tsunami inundation zone for the purposes of implementing ORS 455.446 and 455.447, making exceptions, and providing consultation, the board and department shall be guided by the principle of best available science.
Tsunami Inundation Zone
(1) For the purposes of implementing these rules, the tsunami inundation zone is the area depicted as the tsunami inundation zone in Oregon Department of Geology and Mineral Industries Open-File Reports O-95-09 through O-95-38, O-95-43 through O-95-66 and O-97-31 through O-97-32.
(2) The board will consider revisions to the zone based upon scientific and engineering information supplied by the public and interested governmental entities. Modifications to the zone must be made by rule. Petitions for modifications should be filed under ORS 183.390 and OAR 137-001-0070.
(3) The tsunami inundation zone is designed specifically to assist the board in considering decisions of risk related to the construction of new essential facilities, hazardous facilities, major structures, and special occupancy structures. The tsunami inundation zone is not designed or intended to specifically support building permit or land use planning decisions.
(4) Developers of new essential facilities, hazardous facilities, major structures, and special occupancy structures are advised to develop evacuation procedures and routes to elevations higher than tsunami runup lines on the current tsunami inundation zone maps.
(1) Local government planning offices, local emergency management offices, and local building department offices or alternative authorities are encouraged to direct prospective developers of facilities and structures regulated by these rules to approach the department at the earliest reasonable date for exceptions or consultation in advance of proceeding with permitting.
(2) Local governments and alternative authorities enforcing the Oregon Structural Specialty Code needing verification of an exception by the board or a consultation with the department may require such verification.
Consultations; Requirements; Timing
(1) For all new construction of or conversion to essential facilities, hazardous facilities, major structures, or special occupancy structures described in ORS 455.447(4), the developer must seek consultation from the department. However, no consultation is required to be obtained for exempted facilities or structures.
(2) Requests for consultation on methods to mitigate tsunami risk for the site in question shall be submitted in writing to the department with a clear statement of the type of facility or structure under consideration, the facility's or structure's expected capacity, size, elevation above mean sea level, and specific location. The request shall take place prior to submittal of design plans to the building official for final approval.
(3) The department will provide readily available consultation to the applicant. The form and extent of the consultation will be at the discretion of the department. The consultation will be nonbinding and will be considered public information. The developer may proceed with activities uninterrupted as soon as the request for consultation is made to the department.
(1) Local governments with authority to enforce the Oregon Structural Specialty Code (OAR 918-460-0010) in the tsunami inundation zone shall be responsible for determining whether a facility or structure is:
(a) Inside the inundation zone;
(b) Subject to these rules;
(c) Exempt due to the need based on strategic location or school district boundaries as described in ORS 455.446(1)(e); or
(d) Exempt due to water-dependent or water-related status as described in ORS 455.446(3) and as defined in OAR 632-005-0020(1)(m) and (n).
(2) Local governments with authority for enforcing the Oregon Structural Specialty Code determine the timing of this decision and what constitutes a need for strategic location. This determination is separate from any board exceptions decisions.
(3) If the local government does not have authority to enforce the Oregon Structural Specialty Code, the local government shall determine whether it makes the determinations referenced in sections (1) and (2) of this rule or whether the determinations are made by the alternative authority enforcing the Oregon Structural Specialty Code.
(4) Water-dependent and water-related facilities and structures in the tsunami inundation zone are exempt from restrictions under ORS 455.446.
Exceptions; Procedures; Timing; Appeals
(1) The board may grant exceptions to the restrictions in ORS 455.446(1)(a) on constructing certain facilities or structures, including replacement facilities and structures, in the tsunami inundation zone as provided in this Rule and ORS 455.446(1)(d).
(2)(a) An application for an exception must be made in writing and submitted to the department. The application must include a site map that shows elevations and the location and use of all proposed structures and facilities. The application also must demonstrate how the safety of building occupants will be assured as required by ORS 455.446(1)(d).
(b) To the extent the information is applicable and reasonably available, the application also must include the following information:
(A) Proposed mitigation that is the basis for the exception, such as evacuation or construction methods and the nearness and accessibility of evacuation sites that are clearly safe from tsunami inundation;
(B) Estimates of the anticipated amount of time between the earthquake event and the time the first tsunami strikes, and the ease with which the facility or structure can be evacuated;
(C) The name and source of any alternative tsunami model used, and a showing of whether the proposed facility or structure would be located outside the inundation zone and, if so, how far outside the zone;
(D) Citations to the sources of any geologic field data that were not used to establish the adopted inundation zone and a showing of whether the proposed facility or structure would be located outside the inundation zone identified by the new data and, if so, how far outside the zone;
(E) The structural ability of the proposed facility or structure to withstand the earthquake that precedes the tsunami;
(F) The structural ability of the proposed facility to withstand a tsunami;
(G) The needs being met by locating the facility or structure at a particular site;
(H) The lack of suitable alternatives for a facility or structure;
(I) Whether the proposed facility or structure is a replacement of a facility or structure that was used for the same use; and
(J) Other relevant information supporting the request for exception.
(c) The board or its delegate shall determine whether the application is complete and may require any additional information that is reasonably necessary for the evaluation of the request for an exception.
(d) The board or its delegate shall hold a public hearing for the purpose of informing the public about, and considering public comment on, the request for an exception.
(e) The board shall grant or deny the request for an exception within 60 days after the receipt of a complete application unless the developer agrees to an extension.
(f) The board may grant a request for an exception subject to conditions determined by the board to be appropriate under ORS 455.446(1)(d).
(3) A hearing on an application for an exception is not a contested case hearing, and the board's order on an application for an exception is not a contested case order. An order may be appealed to the circuit court under ORS 183.484.
(4) Developers are encouraged to request an exception prior to seeking land use or building permit approvals. However, a decision to grant or deny an exception does not supersede any required land use, building permit, or change in use approvals nor is it intended to influence such approvals.
Developers seeking an exception may be billed for reasonable incurred costs up to a maximum of $900 for department review and board consideration including, but not limited to, personnel expenses and indirect costs. An applicant for an exception may request additional services and waive the $900 fee ceiling. An applicant may request an explanation of accounting practices used to determine costs, and the billing will be accompanied by a documentation of the expenses incurred by the department and board.