The Land Conservation and Development Commission adopted new rule language for goal exception criteria for public, ocean-fronting roads at their September 22-23 meeting. The department filed those rules and they became effective October 21, 2022. Find them here:
The new rule addition creates a clear path for public roads and highways along the oceanfront to seek a local land use goal exception to use structural shoreline armoring to mitigate coastal erosion. It offers defined guidance on justifying a goal exception that balances public needs with the important values and ecosystem services of the public beach. The new goal exception process requires a feasibility assessment, public benefit justification, and mitigation of shoreline armoring impacts. The new rule is an addition to OAR 660-004-0022, Reasons Necessary to Justify an Exception Under Goal 2, Part II(c). This specific reason exception applies only to public, ocean-fronting roads that were developed as of January 1, 1977, to retain the intention of Statewide Planning Goal 18.
Staff held 4 meetings with a Rulemaking Advisory Committee, focused on adding new language to the land use goal exception process for these public roadways. See table below for meetings summaries and recordings for this rulemaking.
Previous Rule Drafts and Notices