Ocean-fronting Public Road Protection Rulemaking

The purpose of this proposed rule change is very specific – to provide a clear option for public roads and highways (such as Highway 101) along the oceanfront to mitigate damage from coastal erosion through the use of shoreline armoring. The rule would allow for a local government goal exception process to accomplish this through a “reasons exception”. As proposed, a specific “reason” will be added to OAR 660-004-0022 (in Goal 2: Land Use Planning) for Statewide Planning Goal 18 (Beaches and Dunes) to include public highways and roads developed prior to January 1, 1977, as eligible for shoreline armoring.

Shoreline armoring is the placement of structural material on the oceanfront with the intention of minimizing the risk of coastal erosion to development (e.g., riprap, seawalls).

Currently, under Goal 18, only certain types of development that existed as of January 1, 1977, are eligible to apply for shoreline armoring permits. 'Development' is defined as houses, commercial and industrial buildings, and vacant but improved subdivision lots. Under the current language, roads (such as Highway 101) are not eligible for shoreline armoring. Some sections of state Highway 101 and other city and county roads are oceanfront and vulnerable to the hazard of coastal erosion. In some cases, use of shoreline armoring for road protection may be warranted.

Staff held 4 meetings with a Rulemaking Advisory Committee members, focused on adding new language to the land use goal exception process for these public roadways, creating the option to protect them through shoreline armoring. See table below for meetings summaries and recordings for this rulemaking.

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Rule Draft

Corrected Notice of Proposed Rulemaking, June 30, 2022
Draft amendment to OAR 660-004-0022 as of August 12, 2022
Notice of Proposed Rulemaking
Public comments received as of August 12, 2022

Rulemaking Schedule

LCDC initiated rulemaking for this effort in July 2021. Rulemaking Advisory Committee members met to draft rule language in December 2021, January 2022, March 2022, and August 2022. Below is the public hearing schedule for the finalized draft rule language:

Tuesday, August 23^,2022 at 4pm: Public hearing in Newport, to be held at the Newport Public Library, McEntee Meeting Room, 35 NW Nye St, Newport, OR 97365. Public comment will be accepted in person at this location. Please email meg.reed@dlcd.oregon.gov if you have any questions or need any accommodations for this hearing.
September 22-23, 2022: Public hearing in John Day with the Land Conservation and Development Commission. It is anticipated that the Commission will hear and adopt the rule at their September meeting. Find additional details about this meeting here.

Submit written public comments between now and September 22, 2022 to casaria.taylor@dlcd.oregon.gov.

Advisory Committee Meetings

Advisory Committee Members

Rulemaking Advisory Committee (RAC) members represent various priority interests of Oregon's coastal communities. They are listed below in alphabetical order by first name.