Welcome to Chapter 6 – Estuarine Resources. Estuaries are bodies of water partially enclosed by land and connected with the ocean. They are special places where the ocean and rivers mingle to create dynamic, diverse and biologically rich environments. Each estuary includes channels that are continually submerged, tideflats and tidal salt marshes that are covered by tidal waters twice a day, and associated freshwater wetlands and rivers affected by the tide. Prior to 1970, most larger estuaries on the coast were significantly altered by development. Since then, to protect their long-term health, coordinated state and local planning has been required.
All coastal local governments with estuarine resources have adopted comprehensive plans and land use regulations that meet Goal 16. Amendments to those plans and regulations must comply with that Goal.
The objective of Oregon Statewide Planning Goal 16 is to protect the long-term values, diversity, and benefits of estuaries and associated wetlands and also to provide for appropriate restoration and development. The goal relies on a classification system that specifies the level of development allowed in each estuary. All local governments with authority over an estuary must prepare and adopt a management plan and land use regulations according to the following four classifications.
Among Oregon’s 22 major estuaries, three are classified as deep-draft development estuaries, eight shallow-draft development, six conservation, and five are natural estuaries. Seventeen other estuaries are considered minor estuaries and are classified as natural or conservation.
Each estuarine area contains management units whose boundaries are determined by the types of resources in the area and the extent of past alterations. These are natural, conservation, and development units, each of which is "a discrete geographic area, defined by biophysical characteristics and features, within which particular uses and activities are promoted, encouraged, protected, or enhanced, and others are discouraged, restricted, or prohibited."
Certain uses are considered permissible for each unit, while other uses may be allowed if they meet the Goal 16 resource capability test. This test determines the impact of a proposed use and whether the resources and ecosystem can assimilate the impact and continue to function.
In estuaries classified as natural, only natural management units may be applied. In estuaries classified as conservation, only natural and conservation management units may be applied. In shallow and deep draft estuaries, all three types of management units may be applied.
Natural units are managed to protect natural resources, such as areas with significant fish and wildlife habitat, especially those that are the least altered or developed. They contain extensive salt marshes, tideflats, seagrass and algae beds, and a variety of fish and wildlife. Permissible uses include low-intensity water-dependent recreation, research, passive restoration, bridge crossings, and limited use of riprap. Uses that may be allowed under the resource capability test include boat ramps, aquaculture, habitat restoration, pipelines or other utility crossings, and bridge crossing support structures.
The conservation unit is applied to areas that have been altered from their natural state. While their natural resources and habitat may be smaller or less significant than those in natural management unit areas, resource protection is still important for their long-term quality and health. A variety of development is allowed as long as there are no major alterations. Uses that may be allowed under the resource capability test include high-intensity water-dependent recreation, marinas, certain water surface uses that do not require dredging or filling, and aquaculture.
Development units are reserved for areas with fewer natural resources that have been the most altered. These are typically applied to deep-water areas close to shore, navigation channels and subtidal areas suitable for disposal of dredged materials. In addition to uses allowed in natural and conservation management units, permissible uses include dredging and filling, water-dependent commercial activities, and dredged navigation channel and water storage areas that support industry, commerce, and recreation. Resource capability uses include non-water dependent or related uses and mining.
Each Oregon estuary is managed according to a local estuary management plan that is part of the city or county’s comprehensive plan. Local zoning regulations also may apply as appropriate. Locally-developed estuary plans designate the various management units and identify uses or activities that may be permitted.
Permissible uses are generally consistent with Goal 16. For example, navigation aids such as beacons and buoys are typically considered outright or conditional uses in local zoning ordinances and are permissible in the natural management unit. They would not be subject to extensive state review. On the other hand, "resource capability uses" for each management unit in local plans are conditional uses subject to the criteria in Goal 16.
Under Goal 16, unless the local jurisdiction fully addresses a proposed action that may alter the estuarine ecosystem in its comprehensive plan, the applicant must undertake an impact assessment that considers:
Before a decision is made, the local government applies the Goal 16 resource capabilities test to determine whether the proposed impacts on the estuary are significant or whether they can be accommodated without harm. In addition, some uses and activities are subject to the dredge, fill and other alterations test. This test requires the local government to assess need, consider upland alternatives and minimize adverse impacts.
In addition to approval through the local planning process, proposed actions involving removal or filling of material in an estuary are subject to the requirements of other agencies. The Oregon Department of State Lands must approve any proposed removal or fill under Oregon’s Removal-Fill Law and the US Army Corps of Engineers has ultimate jurisdiction over any removal or fill under federal law. Other agencies, such as the Oregon Department of Environmental Quality, and the National Marine Fisheries Service have approval authority over certain aspects of the proposed activity. The Oregon Department of Fish and Wildlife advises state agencies on fish and wildlife issues.
The function and habitats of Oregon’s estuaries have been significantly affected by the disposal of dredged materials from construction and maintenance of navigation channels and harbors. Goal 16 requires local estuary plans to avoid further loss by planning for the appropriate disposal of dredged materials. Each local estuary management plan must have a dredged material disposal plan with enough capacity to hold material expected to be dredged over the next 20 years. These disposal plans are important for the US Army Corps of Engineers to maintain existing channels. The US Environmental Protection Agency also designates ocean disposal sites where the Corps may dispose of dredged material.
When dredging or filling results in the loss of significant habitat or ecosystem functions in one area of an estuary, equivalent habitat or function must be created, restored, or enhanced in another area. This mitigation is not one of the criteria local governments use to decide whether a proposal for dredging should be allowed in their jurisdictions. However, it is required as a condition of approval by the appropriate state and federal agencies.
Riprap is a layer, facing or protective mound of stones randomly placed against shorelands or dunes to prevent erosion. It is permitted in natural management units to protect development that existed on or before October 7, 1977 when the goals were approved. It also is allowed for certain other structures or uses, such as a historically designated building.
Riprap is allowed in conservation units when:
Riprap is allowed in development units when:
Goal 16 requires local estuary management plans to be based on an inventory of "the nature, location, and extent of physical, biological, social, and economic resources…" This important information is the basis for identifying management units, establishing policies and use priorities and reaching other planning and management decisions. The Department of Land Conservation and Development, or DLCD, ensures that data from various agencies and other sources are compatible and usable by local governments.
Much of the inventory information underlying many local estuary plans is out of date or has been superseded by more accurate and current information, particularly in digital format for use in a Geographic Information System or GIS. Local governments are encouraged to use the Periodic Review process or the next planning cycle to work with resource agencies to ensure that their estuary plans are based on the most current and accurate data.
In 1972, Congress passed the Coastal Zone Management Act. It empowers states with coastal management programs that meet the requirements of the Act to review certain federal actions, including licenses and permits that are consistent with the enforceable policies identified in the state’s federally approved coastal management program.
In 1977, Oregon became the second state whose coastal management program was approved. DLCD applies consistency requirements to federal actions affecting the state’s coastal zone. Coastal Local governments’ land use plans and ordinances are included as enforceable policies of the Oregon Coastal Management Program. DLCD coordinates compliance between cities and counties and the federal government to ensure that both resource conservation and development are consistent with federal and state goals.