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The Oregon Coastal Management Program (Program) is made up of 40 partners at the county and city level and 11 state agency partners. Each local entity has documents governing how they operate and guiding how they administer land use in their community. Each state agency has chapters of statutes guiding operations and helping them administer state law. These documents include comprehensive plans and land use regulations, state statutes, and statewide planning goals. DLCD incorporates the documents in their entirety into the Program.
Within the various statutes, goals, plans, and ordinances only certain elements meet the criteria to be used for federal consistency review. These special policies are called enforceable policies. A legal definition of enforceable policies is available in the federal regulations.
Enforceable policies are used during the federal consistency review process. The federal activity is compared to the enforceable policies that apply to it. This review ensures the project is consistent with, or lines up, with the enforceable policies of the management program.
Many of Oregon's enforceable policies are linked to state or local permits. Examples include the Removal-Fill authorization from the Department of State Lands or various land use approvals from the city or county. In Oregon, obtaining state and local permits is the best way to demonstrate consistency, according to Oregon's official administrative rules. If state and local permits are not obtained, as occurs in some federal activity circumstances, the activity must still be consistent with the underlying enforceable policies (§930.39(e)).
Three categories of people use enforceable policies:
DLCD or our Program partners (cities, counties, and state agencies) select enforceable policies based on an explicit set of criteria. The selected enforceable policies are then submitted to NOAA for approval or disapproval. Anyone that wishes to learn more about enforceable policies can take NOAA's training module. The most recent NOAA approval letters that list approved enforceable policies are located in the tables below.
Enforceable policies are the parts of the Program that are legally binding and can be enforced. For this reason, enforceable policies make up a relatively small part of the management program. Much of the narrative of the management program is policy that provides the framework and rationale for the enforceable policies or are policies that, while used elsewhere can only be applied as recommendations during the federal consistency review process.
Rather than have a fragmented management program with enforceable policies extracted from statutes and local land use plans and codes, DLCD submits the entire related document to NOAA for acceptance and highlights which policies are enforceable.
NOAA generally looks at seven criteria when deciding whether a policy is enforceable.
Comparing draft policy or documents to these criteria may be helpful if local jurisdictions or state agencies would like them to be included as enforceable policies in the Program.
The list of enforceable policies for federal consistency review changes often because Program changes are submitted to NOAA on a rolling basis. Please check back frequently for updated lists.
State Statute & Administrative Rule enforceable policies are selected from state statute chapters and administrative rules that help govern resources in the Coastal Zone.
Statewide Planning Goal enforceable policies are selected directly from Goal language and the Territorial Sea Plan.
North Coast: County and City enforceable policies are selected from local comprehensive plans and land use regulations.
South Coast: County and City enforceable policies are selected from local comprehensive plans and land use regulations.
To be notified of Program Changes that are submitted to NOAA for approval of selected enforceable policies join our email list.
Jeff BurrightCoastal State-Federal Relations Coordinatorjeff.firstname.lastname@example.orgPhone: 503-991-8479
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