The Oregon Estuary Plan Book - p6

Management Unit Designation

Local plans divide each estuary into a series of management units. Each management unit is a discrete geographic area defined by biological and physical characteristics and features, within which particular uses and activities are promoted, encouraged, protected, or enhanced, and others are discouraged, restricted, or prohibited.

Goal 16 defines three types of estuary management units: natural, conservation, and development. They are described in detail below. The type of management units-and therefore the uses-allowed in an estuary depend on its classification. Natural estuaries may only include natural management units. Conservation estuaries may include both conservation and natural management units, while development estuaries may include all three types of management units.

Goal 16 requires that estuary plans list the uses permitted within each management unit. The Goal also prescribes the overall purpose of each type of management unit and limits the types of uses that are or can be allowed. The management objective provides an overall standard for planning and for review of proposed uses. Permissible uses are uses which are generally considered consistent with achieving the state management objective. Consequently, permissible uses are routinely approved, provided they meet other standards in the Goal for impact minimization. Resource capability uses may or may not be consistent with the management objective, depending on the size and location of the use and the resources affected.

Management unit boundaries are determined by the types of resources present in the estuary and the extent of past alterations. Local planners relied on published inventories and other state and federal agency studies and, when necessary, also made onsite visits to determine the precise extent of various types of habitat. Most planners based their judgments on the Oregon Department of Fish and Wildlife's estuary habitat maps (ODFW's classification system is described in Chapter 3; habitat maps are reproduced in Chapter 5.)

Decisions about what constitutes a "major tract," "less biological significance," or "minimal biological significance" are judgments made by local governments which must be based on several factors. The major factor is the relative abundance of the particular habitat in the estuary. Existing development and past alterations were also important factors if they affect habitat quality. In either case, judgments about habitat significance were usually made with the assistance of state and federal resource agencies. Disagreements were resolved by LCDC at the time of plan acknowledgment. Changes after acknowledgment are subject to review against both the Goals and the policies in the adopted estuary plan.

Natural management units

Areas included

Major tracts of salt marsh, tideflats, and seagrass and algae beds.

Management objective

To assure the protection of significant fish and wildlife habitats, continued biological productivity in the estuary, and scientific research and educational needs. These areas are to be managed to preserve the natural resources in recognition of dynamic natural, geological and evolutionary processes.

Permissible uses:

1. Undeveloped low-intensity, water-dependent recreation;
2. Research and educational observation;
3. Navigation aids, such as beacons and buoys;
4. Protection of habitat, nutrient, fish, wildlife and aesthetic resources;
5. Passive restoration measures;
6. Dredging necessary for on-site maintenance of existing functional tidegates and associated drainage channels, and bridge crossing support structures;
7. Riprap for protection of uses existing as of October 7, 1977; unique natural resources; historical and archeological values; and public facilities; and
8. Bridge crossings.

Resource capability uses:

1. Aquaculture which does not involve dredge or fill or other estuarine alteration, other than incidental dredging for harvest of benthic species or removable in-water structures such as stakes or racks;
2. Communication facilities;
3. Active restoration of fish and wildlife habitat or water quality and estuarine enhancement;
4. Boat ramps for public use, where no dredging, fill, or navigational access is needed;
5. Pipelines, cables and utility crossings, including incidental dredging necessary for their installation;
6. Installation of tidegates in existing functional dikes;
7. Temporary alterations; and
8. Bridge crossing support structures and dredging necessary for their installation.

 

Conservation management units

Areas included

Tracts of significant habitat smaller or of less biological importance than those included in natural management units, and recreational or commercial oyster and clam beds not included in natural management units. Areas that are partially altered and adjacent to existing development of moderate intensity which do not possess the resource characteristics of natural or development units are also included in this classification.

Management objective

To provide for long-term uses of renewable resources which do not require major alterations to the estuary, except for the purpose of restoration. These areas are to be managed to conserve natural resources and benefits.

Permissible uses:

1. Permitted and "conditional" uses allowed in natural management units (except temporary alterations).

Resource capability uUses:

1. High-intensity water-dependent recreation, including boat ramps, marinas and new dredging for boat ramps and marinas;
2. Minor navigational improvements;
3. Mining and mineral extraction, including dredging necessary for mineral extraction;
4. Other water-dependent uses requiring occupation of water surface area by means other than dredge or fill;
5. Aquaculture requiring dredge or fill or other alteration of the estuary;
6. Active restoration for purposes other than protection of habitat, nutrient, fish, wildlife and aesthetic resources; and
7. Temporary alterations.

 

Development management unit requirements

Areas included

Deep-water areas adjacent or in proximity to the shoreline, navigation channels, subtidal areas for in-water disposal of dredged material, and areas of minimal biological significance needed for uses requiring alteration of the estuary.

Management objective

To provide for navigation and public, commercial, and industrial water-dependent uses consistent with the level of alteration allowed by the overall estuary classification.

Permissible uses:

1. Dredge or fill, as allowed elsewhere in the goal;
2. Navigation and water-dependent commercial enterprises and activities;
3. Water transport channels where dredging may be necessary;
4. Flow-lane disposal of dredged material, monitored to assure that estuarine sedimentation is consistent with the resource capabilities and purposes of affected natural and conservation management units;
5. Water storage areas where needed for products used in or resulting from industry, commerce, and recreation;
6. Marinas;
7. Aquaculture;
8. Extraction of aggregate resources; and
9. Restoration.

Resource capability uses:

1. Water-related and nondependent, nonrelated uses not requiring dredge or fill;
2. Mining or mineral extraction; and
3. Other uses and activities allowed in natural and conservation management units.

 

Designation of development management units

The effect of Goal 16 is that most estuarine areas are designated as natural or conservation management units. Usually, the only areas that automatically qualify as development management units are existing developed areas and authorized navigation channels. In order to designate new areas for development, plans must provide additional justification through a "goal exception." A goal exception is required whenever a use is proposed that is not permitted by the applicable Statewide Planning Goal.

Exceptions are required in order to allow development in areas that qualify as natural or conservation management units, because Goal 16 does not permit major alterations or intense development in such areas. The standards for preparation and approval of goal exceptions have been carefully refined through court cases, statutory amendments, and administrative rules.⁴ To justify a goal exception, facts and reasons must be set forth which meet the following four tests:

1. Reasons justify why the state policy embodied in the applicable Goals should not apply;
2. Areas which do not require a new exception cannot reasonably accommodate the use;
3. The long-term environmental, economic, social and energy consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed site; and
4. The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts.

LCDC has adopted an administrative rule (OAR 660-04-022(5)) which sets forth reasons that can be used to justify exceptions of Goal 16's requirements for natural and conservation units to designate new areas for water-dependent development:

To allow water-dependent industrial, commercial, or recreational uses in development and conservation estuaries which require an exception, an economic analysis must show that there is a reasonable probability that the proposed use will locate in the planning area during the planning period, considering the following:

1. Factors of Goal 9 [Economy of the State] or, for recreational uses, the factors of Goal 8 [Recreational Needs]
2. The generally predicted level of market demand for the proposed use;
3. The siting and operational requirements of the proposed use including land needs, and as applicable, moorage, water frontage, draft or similar requirements; and
4. Whether the site and surrounding area are able to provide for the siting and operational requirements of the proposed use;
5. The economic analysis must be based on the Goal 9 element of the county comprehensive plan and consider and respond to all economic information available or supplied to the jurisdiction. The scope of this analysis will depend on the type of use proposed, the regional extent of the market and the ability of other areas to provide for the proposed use.

To meet the exceptions requirements, local governments prepared detailed analyses of their economies to assess the need for water-dependent uses. Most relied on statewide and national economic forecasts of demand for various types of port facilities, and then assessed the likelihood that such facilities would locate in their areas. Based on these analyses, local governments identified specific sites with potential for future development.

Exceptions are adopted as part of the comprehensive plan. Exceptions included in acknowledged plans received detailed review by resource agencies and LCDC to assure that they were properly justified. After acknowledgment, new goal exceptions must be reviewed and approved through the plan amendment notice and review process or at the time of periodic review.

⁴ The requiremens for goal exceptions are set forth in OAR 660-01. Reasons which can justify goal exceptions are set forth in OAR 660-022.

About Get Data Links

 

Find your watershed

You are here:
Inforain.org » Research » The Oregon Estuary Plan Book » page 6