Oregon Revised Statutes Chapter 197 § 197.428 — Navigational channel improvements

Navigational channel improvements. (1) Deep draft navigational channel improvements are a reason a local government may adopt an exception under ORS 197.732 (2)(c)(A) to a land use planning goal related to estuarine resources in order to redesignate or rezone natural and conservation estuary management units within a deep draft development estuary, provided that the improvements are: (a) Carried out in a manner that includes mitigation, as defined in ORS 196.800, of adverse impacts to ensure no net loss of estuarine resources and the affected aquatic and shore areas and habitats; (b) Of the location, design and minimum extent necessary for the use; (c) Applied for by a public port or an eligible Indian tribe, as defined in ORS 285C.306; (d) Within the jurisdiction of the Oregon International Port of Coos Bay; (e) Not including or relying upon the commercial processing, importing or exporting of fossil fuels, other than existing facilities providing fuel storage or distribution; (f) Applied for by an applicant that has issued a report that sets forth: (A) The identification of anticipated financing sources for the deep draft navigation channel improvements; and (B) An estimate of the number of jobs that will be created as a result of the improvements; and (g) Conducted in accordance with a plan that: (A) Is developed, in consultation with local Indian tribes, for: (i) Archaeological objects, human remains, funerary objects and sites of archaeological significance, as those terms are defined in ORS 358.905; and (ii) Archaeological sites identified on an inventory of the State Parks and Recreation Department, a tribal historic preservation officer or local government; (B) Avoids or, if avoidance is not practicable, mitigates adverse impacts to such remains, sites or objects, including by preservation in situ or recovery with permanent protection; and (C) Identifies procedures and requirements to occur should an inadvertent discovery of such remains, sites or objects occur. (2) As used in this section: (a) “Deep draft navigation channel improvements” means dredging for the purposes of: (A) Deepening or widening the existing federal navigation channel as necessary to accommodate vessels that would use the proposed water-dependent uses; (B) Establishing a new access channel, or modifying an existing access channel, that is directly between the federal navigational channel and any of the following structures identified in the application for which the exception is adopted under this section: (i) Navigation support structures; or (ii) Docks, wharfs or similar ship berthing structures; (C) Establishing a turning basin necessary for the safe navigation of vessels utilizing the federal navigation channel or access channel; or (D) Enabling the construction or maintenance of necessary structural support for docks, wharfs or similar ship berthing facilities or navigation aids. (b) “Deep draft navigation channel improvements” does not include: (A) Dredge material disposal; and (B) Fill to create new upland areas. [2023 c.544 §2] (Temporary provisions relating to transfer of development rights pilot program) Note: Sections 6 to 8, chapter 636, Oregon Laws 2009, provide: Sec. 6. (1) There is established the Oregon Transfer of Development Rights Pilot Program in the Department of Land Conservation and Development. Working with the State Forestry Department, the State Department of Agriculture and local governments and with other state agencies, as appropriate, the Department of Land Conservation and Development shall implement the pilot program. (2) The Land Conservation and Development Commission shall adopt rules to implement the pilot program. The commission, by rule, may: (a) Establish a maximum ratio of transferable development rights to severed development interests in a sending area for each pilot project. The maximum ratio: (A) Must be calculated to protect lands planned and zoned for forest use and to create incentives for owners of land in the sending area to participate in the pilot project; (B) May not exceed one transferable development right to one severed development interest if the receiving area is outside of urban growth boundaries and outside unincorporated communities; (C) May not exceed two transferable development rights to one severed development interest if the receiving area is in an unincorporated community; and (D) Must be consistent with plans for public facilities and services in the receiving area. (b) Require participating owners of land in a sending area to grant conservation easements pursuant to ORS 271.715 to 271.795, or otherwise obligate themselves, to ensure that additional residential development of their property does not occur. (3) The commission, by rule, shall establish a process for selecting pilot projects from among potential projects nominated by local governments. The process must require local governments t