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PARKS AND RECREATION DEPARTMENT

 

DIVISION 23

RECOMMENDATIONS TO ADJUST STATUTORY VEGETATION LINE

 

736-023-0000

Purpose

These rules set forth the criteria and procedure by which the Parks and Recreation Department will periodically review the vegetation line established under ORS 390.770 so that the Parts and Recreation Commission may recommend adjustments to that line to the legislature pursuant to ORS 390.755.

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.755
Hist.: PR 10-1994, f. 11-29-94, cert. ef. 12-1-94

736-023-0010

Policy

The Parks and Recreation Commission will hold paramount the public interest and intent of the 1967 Oregon Beach Law as amended and supplemented to (ORS 390.610 and 390.690) in all evaluation of proposals to change the statutory vegetation line.

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.610
Hist.: PR 10-1994, f. 11-29-94, cert. ef. 12-1-94

736-023-0020

Definitions

(1) "Department" means the Oregon Parks and Recreation Department.

(2) "Commission" means the Oregon Parks and Recreation Commission.

(3) "Statutory vegetation line" means that line described according to the Oregon Coordinate System and set forth in ORS 390.770 for the purpose of identifying lands subject to the department's authority to regulate improvements on the ocean shore. The line consists of a series of connected line segments.

(4) "Actual vegetation line" means the extreme seaward boundary of natural, non-aquatic vegetation. It is a visible boundary, marking the border between the dry sand beach and the adjoining upland. Seasonal occurrences or isolated patches of vegetation may lie seaward of the actual vegetation line.

(5) "Upland" means that area abutting and lying immediately landward of the statutory vegetation line.

(6) "Ocean shore" means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as established and described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. "Ocean shore" does not include an estuary as defined in ORS 196.800.

(7) "Natural" means wild, uncultivated vegetation whether native or non-native.

(8) "Littoral Cell" is defined as a shoreline segment or reach that is bounded in a longshore direction by a physical feature such as a jetty or headland. There are 22 littoral cells on the Oregon coast defined as follows:

(a) Columbia River south jetty to Tillamook Head;

(b) Tillamook Head to Cape Falcon;

(c) Cape Falcon to Cape Meares;

(d) Cape Meares to Cape Lookout;

(e) Cape Lookout to Cape Kiwanda;

(f) Cape Kiwanda to Cascade Head;

(g) Cascade Head to Cape Foulweather;

(h) Cape Foulweather to Yaquina Head;

(i) Yaquina Head to Cape Perpetua;

(j) Cape Perpetua to Heceta Head;

(k) Heceta Head to Cape Arago;

(l) Cape Arago to Coquille Point;

(m) Coquille Point to Blacklock Point;

(n) Blacklock Point to Cape Blanco;

(o) Cape Blanco to Port Orford Heads;

(p) Port Orford Heads to Humbug Mountain;

(q) Humbug Mountain to Sisters Rocks;

(r) Sisters Rocks to Hubbard Mound/Otter Point;

(s) Otter Point to Cape Sebastian;

(t) Cape Sebastian to Crook Point;

(u) Crook Point to Cape Ferrelo;

(v) Cape Ferrelo to California border.

(9) "Survey(s)" means evidence from aerial and other photographs; engineered examinations, data and other analysis(s).

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.124, ORS 390.755 & ORS 390.605
Hist.: PR 10-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 7-2000, f. & cert. ef. 5-10-00

736-023-0030

Periodic Re-Examination of Statutory Vegetation Line

(1) The department will re-examine the statutory vegetation line in littoral cell units. The Department may re-examine the statutory vegetation line:

(a) On its own initiative, or when directed by the Commission;

(b) Upon request from the governing body(s) of a county(s) or city(s) contiguous to the littoral cell in question; or

(c) Upon request from one or more owners of property that is part of, contiguous or in close proximity to the littoral cell in question.

(2) Re-examination described shall include the following:

(a) A description of the littoral cell to be re-examined;

(b) An assertion of the direction and extent, if any, to which the actual vegetation line has moved from the location of the statutory vegetation line described by ORS 390.770;

(c) A statement of the perceived cause of the movement of the actual vegetation line and the likelihood that such movement is continuing and/or or permanent;

(d) A description of the harm to the public or private use and enjoyment of the specific area caused by the current location of the statutory vegetation line;

(e) Photographs, affidavits or other documentary evidence supporting the change proposed in the petition;

(f) A history citing changes since 1967 of the littoral cell in question. This shall include but not limited to a current survey, past surveys and aerial surveys at 5-10 year intervals.

(3) In its investigation and review of the actual and statutory vegetation lines, and in formulating its recommendation to the Commission, the department will consider, but is not limited to, the following factors:

(a) The density and location of vegetation at and near to the segment for which a change is requested;

(b) The extent of the shift of the actual vegetation line;

(c) The cause of any change in the location of the actual vegetation line, including accretion, erosion, vegetative stabilization activities, construction of physical structures, such as seawalls and revetments, sudden natural events and non-natural causes;

(d) The likelihood that the present location of the actual vegetation line will remain stable over a period of twenty five years or more, not withstanding seasonal erosion and accretion patterns. Stability will be based on review of the physical conditions of the beach area in question as evidenced by statutory vegetation line aerial photography taken since 1967;

(e) The line delineating the extreme high tide, at present and in the recent past;

(f) The area commonly identified by the public as public beach and customarily used for recreational purposes;

(g) The fiscal impact to the department of any proposed adjustments to the statutory vegetation line;

(h) Prior recommendations or decisions by the Commission regarding similarly situated segments of the statutory vegetation line;

(i) The length of the statutory vegetation line segment under review, and the relationship of the existing and proposed segments under review to the existing statutory vegetation line segments to the north and south;

(j) The effect of moving or not moving the statutory vegetation line on private landowners' use and enjoyment of the upland;

(k) The effect of moving or not moving the statutory vegetation line on the public's use and enjoyment of the state recreation areas described in ORS 390.610(2) and (3);

(l) Direct and indirect public costs that could be incurred by a change in the statutory vegetation line.

(4) The department may collect and evaluate information from the following sources, among others, to assess the factors described in section (3) of this rule:

(a) On-site inspections;

(b) Photographs including aerial photos and mosaics;

(c) Surveys;

(d) Scientific and historical studies and data;

(e) Consultation with local, state and federal agencies;

(f) Testimony presented at public hearings.

(5) The department, upon undertaking an evaluation of the statutory vegetation line pursuant to section (1) of this rule, shall conduct one or more public hearings in the vicinity of the affected area. For the convenience of interested parties, the Department in its discretion may hold additional hearings elsewhere. Notice of hearings shall be published in a local newspaper and mailed to owners of property adjacent to the ocean shore and within the littoral cell where the statutory vegetation line is under review.

(6) Upon obtaining all pertinent information and public comment, the department will forward to the Commission a report setting forth data, comments, findings, and a proposed recommendation regarding adjustment of specific segments of the statutory vegetation line.

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.124, ORS 390.635 & ORS 390.755
Hist.: PR 10-1994, f. 11-29-94, cert. ef. 12-1-94

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