The comprehensive plan is a framework that guides future development, such as where housing, streets, water and sewer service, business and industry, parks and schools should occur. Without such a plan, our community could become very mixed up, dangerous and inefficient. We would have no certainty that we would have adequate services in the places we need them to be. Without a plan, there would be no guarantee that there’d be parks, open spaces or even trees for future generations. The plan also takes into account natural resources, natural hazards and community aspirations.

Oregon’s statewide planning program was created in the 1970’s after citizens across Oregon realized that uncontrolled growth would have an adverse effect on our quality of life. The program is a collaborate effort between the state and local governments. LCDC, the Land Conservation and Development Commission, sets broad policies with which communities are required to align. Although, our community’s comprehensive plan and zoning policies help implement these broad goals, it also is customized for our conditions and provides a roadmap for what we want our community to be. Once acknowledged by LCDC, these ordinances become the controlling land use documents in our community.

The revised boundary must include sufficient land to support growth for the next 20 years. You will need coordinated population projections about the rate and type of growth you can expect; housing densities now and opportunities to increase them; natural resource constraints; current and projected capacity of public facilities and services; and the type and number of housing and economic development opportunities you realistically desire and expect, including consideration of strategies such as infill and redevelopment.

Oregon’s agricultural lands goal requires counties to apply zoning to agricultural lands that strictly limits the development of non-farm uses, including residences not associated with commercial farming. This agricultural zoning also includes large acreage minimum lot sizes to help retain farm land in tracts large enough for commercial farming. These requirements are intended to help protect the state’s farming industry, and limit non-farm related uses that are often incompatible with routine farming practices such as manure spreading or aerial pesticide spraying. For these reasons, it may not be possible to divide agricultural land for this purpose.

As the house is near a stream, it may be subject to flooding, riparian setbacks, or other zoning requirements. Advise her to check with the local planning department to find out whether the property is in a flood hazard zone, subject to riparian setbacks, or other regulations that may affect her decision making. If so, they can advise her about what further steps may be needed and how to proceed.

Such an action should be based on a current economic opportunities analysis, buildable lands information and infrastructure capacity. These facts should help determine whether the areas being considered are needed and realistic, and whether they are appropriate from transportation and public service perspectives.

Some cities regulate housing by density rather than use. You might consider incentives that encourage clustering and mixed use development patterns through more livable, walkable neighborhoods.

The purpose of front yard setback requirement is often to provide open space between the structure and the road or street. Safety and clear vision for entering and leaving adjacent properties can also be a consideration. To grant a variance, the applicant needs to address a variety of factors to support the proposal. These include such things as whether the setback regulation creates a unique hardship that requires a standard different from its neighbors in the same zone and vicinity, and if the variance is the minimum necessary to alleviate the hardship.

There are three main types of land use decisions. First are administrative or ministerial actions, usually made at the staff level. Because these types of decisions involve applying clear code standards, there is no need for public hearings or appeals. Second, quasi-judicial decisions involve the application of the local plan and code requirements to a specific project or case. Public hearings, usually before the planning commission, are typically required. Finally, legislative decisions set new policy or standards for an area or the entire community. Often, the adoption of major planning rules or policy such as the comprehensive plan and zoning code are involved. These decisions can take a considerable amount of time and require extensive opportunities for public comment.

A site visit is generally considered to be an ex-parte contact, as you may have gained information about the application, or otherwise been influenced, outside of the hearing process. Although this does not disqualify you from participating in the decision, you must disclose your visit at the beginning of the hearing and indicate the general nature of the information you obtained. Hearing participants should have the opportunity to question you about this. An ex-parte contact such as a site visit is not a legal issue unless it is not disclosed and later discovered. Once disclosed, you may continue to participate in the hearings process.

Commissioners may ask the planning staff or legal counsel to review the initial proposed findings to make sure they address all the legal requirements. The planning commission can also add additional findings consistent with the applicable ordinance criteria. As part of this process the commission deliberate and vote on the matter. During this process, planning commission members are encouraged to explain based on the decision criteria, the reasons for their decision to approve or disapprove the findings.

If you have any questions about how this is applied, discuss them with your legal counsel before or at the beginning of the hearing.

The Corps must consult with the staff of the OCMP and provide a consistency certification indicating that its proposed action is consistent with the state’s federally approved coastal management program "to the maximum extent practicable." The requirements will probably include the applicable local government estuary plan, DEQ (Department of Environmental Quality) water quality requirements and DSL (Department of State Lands) Removal-Fill law requirements. Federal agency permitting and actions also must be consistent with policies in local comprehensive plans.

Oregon’s authority in offshore waters extends to three nautical miles; this area is called the Territorial Sea. Within the Territorial Sea, the State Land Board and the Department of State Lands is the lead agency for regulating renewable energy and other similar development. When making permit decisions in the Territorial Sea, The Department of State Lands is required to consult with other state agencies and affected local governments in accordance with the requirements of the Territorial Sea Plan.

Estuaries are diverse and delicate ecosystems. The purpose of the test is to ensure that uses and activities in an estuary occur in a way that allows the ecosystem to continue to function.

Areas in an estuary that are considered "natural" management units are intended to protect resources in areas with significant habitat that have few alterations. These might include salt marshes, tideflats, seagrass and algae beds.

It is important to consider land management or non-structural measures prior to using a shorefront protective structure such as rip rap. If non-structural solutions do not provide sufficient protection, then riprap may be considered if it minimizes adverse effects on water currents, erosion and accretion.

The development must be designed and located so that it avoids impacts on significant resources such as coastal headlands, wetlands, and riparian areas. Depending on the nature of the area, the local government may require an assessment of hazards such as potential erosion, landslides, flooding, and storm-water run-off. Some areas of the site may be restricted from development.

Existing public access to the ocean shore must be retained or replaced when development is approved. As the access does not have to be in the same location, the street in question may be vacated as long as an equivalent easement and trail are included in the development.

As Goal 18 prohibits residential development, commercial and industrial buildings on a foredune, this development would not be allowed. The development may be approved if the proposal can be modified to be located outside of the Goal 18 prohibition area and can meet all other jurisdiction requirements for the site.

Yes. In Oregon “development” is only eligible for a beachfront protective structure if it existed prior to January 1, 1977, which is when Statewide Planning Goal 18 became effective. "Development" is defined in the Goal. This does not mean that an "eligible" development will receive a permit as protective structures are regulated by the Oregon Parks and Recreation Department (OPRD) subject to their specific requirements.

This action is likely to require both state and federal review. The Corps of Engineers will regulate portions of the project in federal waters and the Division of State Lands (DSL) will oversee those parts in the state’s territorial sea. The cable will need to avoid significant areas of renewable resources and must be consistent with the requirements of the state’s Territorial Sea Plan. The Oregon Parks and Recreation Department (OPRD) will regulate portions of the project that cross the ocean shore. Local government regulatory authority is limited to the upland portions of the project.