Chapter 18.165
REVIEW OF REGULATED ACTIVITIES
Sections:
18.165.020 Regulated activities.
18.165.030 Procedure for reviewing regulated activities.
18.165.050 Impact assessments.
18.165.060 Requirements for resource capability determinations.
18.165.070 Significant degradations or reductions of estuarine natural values.
18.165.080 State and federal reviewing agency comments.
18.165.010 Purpose.
The purpose of this section is to provide an assessment process and criteria for local review and comment on state and federal permit applications which could potentially alter the estuarine ecosystem. [Ord. 290 § 3(4.120(1)), 2006.]
18.165.020 Regulated activities.
Regulated activities are those actions that require state and/or federal permits, and include the following:
A. Fill (either fill in excess of 50 cubic yards, or fill of less than 50 cubic yards, which requires a Section 10 or Section 404 permit from the U.S. Army Corps of Engineers);
B. Dredging (either dredging in excess of 50 cubic yards within a 12-month period, or dredging of less than 50 cubic yards which requires a Section 10 permit from the U.S. Army Corps of Engineers);
C. Dredged material disposal;
D. Piling/dolphin installation;
E. Shoreline stabilization, bankline or streamline alteration involving fill or dredging in excess of 50 cubic yards;
F. In-water log storage. [Ord. 290 § 3(4.120(2)), 2006.]
18.165.030 Procedure for reviewing regulated activities.
The planning commission shall review state and federal permit notices. Regulated activities and any associated use or uses as a whole shall be reviewed based on requirements of the zone(s) in which the proposed uses and activities are to be located (Chapters 18.55 through 18.75 GMC), standards relevant to the proposed uses and activities (Chapter 18.160 GMC), an impact assessment (GMC 18.165.050), resource capability and purpose determinations where applicable (GMC 18.165.060), requirements for degradations or reductions of estuarine natural values where applicable (GMC 18.165.070) and comments from state and federal agencies having responsibility for permit review (GMC 18.165.080). Based on this review, the planning commission will decide whether the proposed uses and activities comply with this title and will forward its decision to the appropriate permitting agencies and the permit applicant prior to the final date set for comments. Decisions of the planning commission may be appealed (GMC 18.210.060). [Ord. 290 § 3(4.120(3)), 2006.]
18.165.040 Zone requirements.
Uses and activities shall be allowed only if they are allowed in the zones in which they are to be located. Accessory uses proposed for adjacent upland areas must be allowed in the upland zones in which they are to be located. Uses that are permitted with standards must comply with the standards of Chapter 18.160 GMC. Uses listed as conditional uses shall be reviewed according to the procedures of Chapter 18.185 GMC and the standards of Chapter 18.160 GMC. If a conditional use review is required, the city shall notify the applicant and state and federal permitting agencies and shall request an extension of the comment period. [Ord. 290 § 3(4.120(4)), 2006.]
18.165.050 Impact assessments.
The city shall, with the assistance of affected state and federal agencies, develop impact assessments for regulated activities. Federal environmental impact statements or assessments may be substituted if made available to the planning commission. The following considerations must be addressed in the impact assessment:
A. The type and extent of alterations expected.
B. The type of resource(s) affected including, but not limited to, aquatic life and habitats, riparian vegetation, water quality and hydraulic characteristics.
C. The expected extent of impacts of the proposed alteration on water quality and other physical characteristics of the estuary, living resources, recreation and aesthetic use, navigation and other existing and potential uses of the estuary.
D. The methods that could be employed to avoid or minimize adverse impacts. [Ord. 290 § 3(4.120(5)), 2006.]
18.165.060 Requirements for resource capability determinations.
Uses and activities for which a resource capability determination is required by Chapter 18.160 GMC shall be allowed only if they are found to be consistent with the resource capabilities of the management unit(s) and the purposes of the zone(s) in which they are to be located. An activity will be found to be consistent with the resource capability of the estuary natural zone (as described in Section 2 of the estuarine resources element of the Tillamook County comprehensive plan) when either:
A. The impacts of the use on estuarine species, habitats, biological productivity and water quality are not significant; or
B. The resources of the area are able to assimilate the use and activity and their effects and continue to function in a manner consistent with the purposes of the zone. The resource capability determination shall be based on information generated by the impact assessment.
An activity will be found to be consistent with the resource capability of estuary conservation 1 (EC-1) and estuary conservation 2 (EC-2) zones when either the impacts of the use on estuarine species, habitats, biological productivity and water quality are not significant, or that the resources of the area are able to assimilate the use and activity and their effects and continue to function in a manner which conserves long-term renewable resources, natural biological productivity, recreational and aesthetic values and aquaculture. [Ord. 290 § 3(4.120(6)), 2006.]
18.165.070 Significant degradations or reductions of estuarine natural values.
A. Definition. Significant degradations or reductions of estuarine natural values include dredging, fill, and other activities which will cause significant off-site impacts as determined by the impact assessment.
B. Requirements. Dredging and fill must comply with the standards in Chapter 18.160 GMC. Other reductions and degradations of estuarine natural values shall be allowed only if:
1. A need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights; and
2. No feasible alternative upland locations exist; and
3. Adverse impacts are minimized as much as feasible. [Ord. 290 § 3(4.120(7)), 2006.]
18.165.080 State and federal reviewing agency comments.
Where the review of regulated activities involves a resource capability and purpose determination or an impact assessment or a request for a single-purpose dock or pier the city shall notify the following agencies:
A. Oregon Department of Fish and Wildlife;
B. Oregon Division of State Lands;
C. Oregon Department of Land Conservation and Development;
D. Oregon Department of Economic Development;
E. U.S. Fish and Wildlife Service;
F. National Marine Fisheries Service;
G. Environmental Protection Agency;
H. U.S. Army Corps of Engineers.
Notice will be mailed within seven days of city receipt of the state or federal permit notice. The notice will include permit reference, identification of the local decisions to be made, references to applicable policies and standards, and notification of comment and appeal periods. The city shall consider any comments received no later than seven days before the closing date for comments on the state and federal permit notice. [Ord. 290 § 3(4.120(8)), 2006.]
18.165.090 Appeals.
Planning commission decisions on regulated activities may be appealed according to the requirements of GMC 18.210.060. Planning commission decisions on regulated activities that involve a conditional use may be appealed according to the requirements of GMC 18.210.060. If the decision of the planning commission is appealed, the city shall notify the appropriate state and federal permitting agencies and shall request an extension to the comment period to allow for the local appeals process. [Ord. 290 § 3(4.120(9)), 2006.]