Chapter 17.47 NATURAL HAZARDS, BEACHES AND DUNES

Chapter 17.47
NATURAL HAZARDS, BEACHES AND DUNES

Sections:

17.47.020 Development in identified hazard areas.

17.47.030 Development in ocean beaches and dune areas.

17.47.010 Purpose.

The purpose of this section is to protect the public safety and welfare through recognition that different geological formations and landforms have different hazard characteristics with respect to suitability for development. These differences are caused by faults, flood potential, landslide potential, high groundwater, stream bank erosion, bluff erosion, beach erosion, ocean flooding, storm waves, and other factors. The intent is to reduce the losses resulting from these hazards. (Ord. 2000-11 § 7; Ord. 84-2 § 3.112(1))

17.47.020 Development in identified hazard areas.

A. Specific natural hazard areas have been identified in Environmental Geology of Lincoln County, Oregon, Bulletin 81 (State of Oregon Department of Geology and Mineral Industries, 1973) and Environmental Hazard Inventory (RNKR Associates, 1978), and other sources. They are depicted on the comprehensive plan natural hazards map. For purposes of this chapter, in cases of conflict between a cited source and the map, the map will prevail.

B. Development of all types, except rip-rap beach front protective structures and natural means of beach protection, in hazard areas identified on the comprehensive plan natural hazards map may not occur until a review is completed by a registered professional engineer qualified to practice geotechnical engineering, or by a certified engineering geologist. The review will be prepared at the applicant’s expense. All costs incurred by the city to review the development will be the responsibility of the applicant. The review must be submitted to the city in a written report and include, but not necessarily be limited to, erosion control, vegetation removal, and slope stabilization.

C. The completed review must be submitted to the city as a written report and must consider, as a minimum, the following:

1. An explanation of the degree the hazard affects the property use in question;

2. An explanation of the measures to be employed to minimize losses associated with the hazard;

3. An explanation of the hazard-associated consequences the development and the loss-minimizing measures will have on the surrounding properties.

D. Development of all types, except rip-rap beachfront protective structures and natural means of beach protection, in hazard areas identified on the comprehensive plan natural hazards map, may be permitted only if:

1. The development as approved, including any conditions of approval and measures employed to minimize losses associated with the hazards, is not likely to be subject to significant losses associated with the hazard during the life of the development; and

2. The development as approved, including any conditions of approval and measures employed to minimize losses associated with the hazard, will not have significant adverse hazard-associated consequences on any surrounding properties.

E. If structures to protect shorelands, beaches and dunes, or flood areas are proposed, comprehensive plan “Shorelands, Beaches, Dunes, Estuaries, and Ocean Resources” Policies 7, 8, 9, 21 and 22 also apply. (Ord. 2004-05 § 4; Ord. 2000-11 § 7; Ord. 84-2 § 3.112(2))

17.47.030 Development in ocean beaches and dune areas.

A. Development activities of all types, except rip-rap ocean beach front protective structures and natural means of ocean beach protection, in identified ocean beach and dune areas may not occur until a review is completed by a registered professional engineer qualified to practice geotechnical engineering, or by a certified engineering geologist. The review must be prepared at the applicant’s expense. All costs incurred by the city to review the development will be the responsibility of the applicant. The review must be submitted to the city in a written report and must include but not necessarily be limited to:

1. The type of proposed use and the adverse effects it might have on the site and the surrounding area. As used in this subsection, “adverse effects” are those that create a hazard to life, public or private property, or the natural environment.

2. The measures to be employed to protect the site and the surrounding area from adverse effects created by the use.

B. Development, except for rip-rap protective structures and natural means of ocean beach protection, in ocean beach and dune areas will be permitted only if the development predictably can be designed so that there will be no significant adverse impacts on the site and on adjacent properties from geologic hazards, wind erosion, and water erosion caused by ocean flooding and storm waves, and is consistent with the requirements of Shoreland Policy 8.

C. Residential development and commercial and industrial buildings are prohibited on active fore-dunes, conditionally stable fore-dunes that are subject to ocean undercutting or wave overtopping, and deflation plains that are subject to ocean flooding. Other development in these areas may be permitted only if the requirements of subsection (A) of this section are met, and:

1. The development as approved, including any conditions of approval and measures to be employed to minimize losses associated with ocean undercutting, wave overtopping, and ocean flooding, is not likely to be subject to significant losses associated with these hazards during the design life of the development, or is of nominal value; and

2. The development as approved, including any conditions of approval and measures to be employed to minimize losses associated with ocean undercutting, wave overtopping, and ocean flooding, will not have significant adverse consequences associated with these hazards on surrounding properties.

D. Grading and breaching of fore-dunes is prohibited.

E. The city will rely on the State of Oregon Division of State Lands and Department of Transportation, State Parks Division, to control the development of ocean beach front protective structures when ocean beach front rip-rap protective structures and natural means of protection are proposed. However, the state will not issue a permit until the city has had an opportunity to determine that such protection complies with the applicable provisions of this chapter, including this subsection.

F. Shoreland (other than ocean beachfront) protection projects, such as groins, bulkheads and sea walls, may not begin until a permit is obtained from the city. No approval to the state or city permit for a shoreland protection project will be issued until the developer has supplied to the city a plan, prepared by a certified engineering geologist or by a registered professional engineer qualified to practice geotechnical engineering, which indicates the nature and scope of the proposed protective activity. Nonstructural means of protection that will be effective to control erosion must be the first order of consideration in protecting shorelands. The use of structures, such as groins, bulkheads or sea walls, will not be allowed unless nonstructural means cannot protect the property and the adverse consequences created by such structures, both erosion-related and aesthetic, will be insignificant.

G. If vegetation is to be removed because of the development of any protection structure, a revegetation plan must be submitted. The plan must illustrate how vegetation removal will be minimized to prevent dune form alteration and exposure to erosion. The plan must provide for revegetation as extensive or greater than that prior to disruption. The protection structure will be approved by the state or permitted by the city only if the vegetation removal and the revegetation will be conducted so as to prevent dune form alteration and exposure to erosion resulting from the removal and revegetation.

H. No development in ocean beach and dune areas may use existing groundwater sources as a primary domestic water source. Developments may use existing groundwater sources for limited irrigation purposes, after securing all necessary state permits, and the submission to and approval by the city of written findings, prepared by a certified engineering geologist or by a registered professional engineer qualified to practice geotechnical engineering, that the irrigation will not cause groundwater draw down to levels which would lead to loss of stabilizing vegetation or intrusion of salt water into the groundwater supply. (Ord. 2004-05 § 4; Ord. 2000-11 § 7; Ord. 84-2 § 3.112(3))