June 14, 2021
Lincoln County Planning Commission c/o Mr. Onno Husing, Planning and Development Director Lincoln County Department of Planning and Development Attn: 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 Second Street Annex 210 SW Second Street Newport, OR 97365
Via Email to: [email protected], [email protected]
Re: Lincoln County Applications 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 Applicants: WorldMark, SeaRidge Condominiums, Lincoln Avenue Homes Goal 18, Implementation Requirement 5 Exception Comments of Oregon Shores Conservation Coalition
Dear Planning Commission members:
Please accept these comments from the Oregon Shores Conservation Coalition and its members (collectively “Oregon Shores”) to be included in record for Lincoln County Land Use Applications 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 (Public Hearing Date: June 14, 2021).1 Oregon Shores is a non-profit organization dedicated to protecting the natural communities, ecosystems, and landscapes of the Oregon coast while preserving the public’s access to these priceless treasures in an ecologically responsible manner. Our mission includes assisting people in land use matters and other regulatory processes affecting their coastal communities, and engaging Oregonians and visitors alike in a wide range of stewardship activities that serve to protect our state’s celebrated public coastal heritage. For half a century, we have been a key
1 Lincoln County Planning Commission, Pub. Notice, available at https://www.co.lincoln.or.us/pc/page/goal-18- exception-public-hearing Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 public interest participant in legal and policy matters related to land use and shoreline management at the local and state level.
Oregon Shores has been an active public interest participant in legal processes and policy decisions related to coastal land use, shoreline management, and protection of coastal resources in the State of Oregon. Over the past several decades, we have offered testimony on numerous proposals involving shoreline protection structures (“SPS”)2 before the Lincoln County Planning Commission (“Planning Commission”) and other county and state bodies in order to express serious concerns about the known harmful impacts these structures have on shorelines, coastal ecosystems, the public’s access to the beach, and public safety. Oregon Shores’ members and the public we serve live, visit, and enjoy recreation opportunities on the beach fronting and in the near vicinity of the proposed project area. Oregon Shores’ CoastWatch volunteers, which include members and non-members alike, monitor the miles of shorefront directly before and in the near vicinity of the proposed project area.3 Hence, Oregon Shores will be impacted by the Department’s decision in this matter.
Oregon Shores requests that the Planning Commission find that the applicants have failed to justify an exception to Goal 18 and deny these applications. Oregon Shores also requests that the record remain open for an additional seven (7) days so that additional material may be added to the record as appropriate. Please notify us of any further decisions, reports, or notices issued in relation to these concurrent applications. Oregon Shores will provide further comments as appropriate and allowed within the open record periods.
I. Background of Applications and General Analysis
The Applications fail to demonstrate compliance with applicable SPS criteria contained within Chapter 197 of the Oregon Revised Statutes (“ORS”), Chapter 660, Division 4 of the Oregon Administrative Rules (“OAR”), and the Oregon Statewide Planning Goals (“Goals”). As the Oregon Court of Appeals explained: “an exception must be just that—exceptional.”4 The Applicants’ proposal that Lincoln County set forth within the Lincoln County Comprehensive Plan (“LCCP”) and Lincoln County Zoning Ordinance (“LCZC”) (collectively, “Lincoln County Comprehensive Plan”) an amendment and justification for a Goal 18 exception at the proposed sites warrants careful consideration to assess consistency with this “exceptional” standard. Our comment supports the view that Applicants do not meet the required legal standard.
A. Project Area, Location, and Description
Lincoln-Gleneden Beach (hereinafter, “Gleneden Beach”) is located approximately five miles south of Lincoln City and is a prime example of how riprapped shores devastate the
2 Hardened shoreline protection structures (synonymous with “beachfront protective structures”) include riprap revetments, concrete seawalls, bulkheads, and the like. These structures are somewhat different, but the publicly available evidence indicates that the harmful impacts of each are substantially the same and should be considered as such for the purposes of review. 3 Tour of the Miles, Mile 235-236, link: https://oregonshores.org/mile/237 4 1000 Friends of Oregon v. LCDC, 69 Or App 717, 731 (1984).
2 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
Oregon coast. By the 1990s, large sections of Gleneden Beach were hardened due to swiftly eroding sandstone and mudstone bluffs. In the words of the County, “the proliferation of riprap at Lincoln-Gleneden Beach has had profound negative impacts on that beach”5 that continue today. Today, a majority of the beach is currently riprapped—with the exception of the Applicants’ sites. Due to extreme erosion, safety concerns, and the tremendous proliferation of riprap on the shoreline, recreational opportunities and public access to the beach are extremely limited. The beach’s conditions and continual erosion have also resulted in diminished vegetation and degraded natural resources.
The Applications request a Goal 18, Implementation Requirement 5 (“Goal 18, IR 5”) exception to allow a hardened shoreline protection for several oceanfront properties developed after January 1, 1977 in Gleneden Beach. Lincoln Avenue homes were previously denied building permits by the Planning Director, as well as emergency permits from the Oregon Parks and Recreation Department (OPRD).6 In total, the Applicants propose approximately 1,280 feet (“ft.”) of shoreline for hardening.7
The three sites at issue include the WorldMark Gleneden Resort (the “Resort”), SeaRidge Condominiums (“SeaRidge”), and four adjacent single-family vacation homes8 (collectively, the “Properties”) located on Gleneden Beach. The Resort is a neighboring property of Gleneden Beach State Recreation Site (also called “Gleneden Beach Wayside”) and is located 0.5 miles away the state recreation site’s beach access point on Wesler Street.9 The Resort was constructed from 1993 to 1996 and all four residential homes were built between the early 1990s and 2002. At the time they were under construction, erosion impacts on Gleneden Beach were well documented.10 SeaRidge was constructed between 1985 and 1987. Because all sites were
5 Staff Report on 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 (“Staff Report”) at 6. 6 See Staff Report on 01-MISC-ADM-21 at 3–4 (“Based on the preceding facts and analysis set forth in this staff report, the Lincoln County Planning Division concludes that development did not exist on the subject property on January 1, 1977, and also that the subject property is not subject to an acknowledged exception to Statewide Planning Goal 18, implementation requirement 5 . . . the requested building permit authorization is denied based on failure to comply with the applicable requirements of LCC Chapter 1.”). 7 The Resort sits on approximately 430 ft. of shoreline, the SeaRidge sits on approximately 600 ft. of shoreline, and the four properties collectively sit on approximately 250 ft. of shoreline. 8 Located at 4755, 4805, 4815, and 4825 Lincoln Avenue. 9 Gleneden Beach currently has three numbered public access points, 51, 51A (Gleneden Beach State Recreation Site) and 51B. Additionally, the Salishan Spit has three numbered beach access points, 50, 50A, and 50B. All are contained within a gated community, and thus accessible to the public only by hiking north on the beach from Gleneden Beach. 10 See Paul D. Komar & Shyuer-Ming Shih, Cliff Erosion along the Oregon Coast: A Tectonic-Sea Level Imprint Plus Local Controls by Beach Processes, 9 J. Coastal Research 747, 747 (1993) (“The erosion of sea cliffs is a significant problem along many of the world’s coastlines, including the coast of Oregon in the Pacific Northwest of the United States . . . Examples of communities where cliff erosion is an important problem include Lincoln City, Gleneden Beach, and Newport[.]”); Shyuer-Ming Shih & Paul D. Komar, Sediments, Beach Morphology and Sea- Cliff Erosion within an Oregon Coast Littoral Cell, 10 J. Coastal Research 144, 154, 156–57 (1994) (“As a result, the rip embayments are a major factor in determining the occurrence of property erosion, whether the property is on sea cliffs as at Gleneden Beach or on foredunes as along Siletz Spit” and “Erosion is certainly more active along Gleneden Beach and Siletz Spit fronted by coarse-grained reflective beaches, than along coastal properties fronted by fine-grained dissipative beaches as in north Lincoln City. This implies that there is a long-term reorientation of the bluff line along the length of this littoral cell suggesting a continued disequilibrium in its overall geometry as well as the continued presence of the longshore variations in beach sediment grain size.”). (internal citations
3 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 developed after January 1, 1977, none are eligible for SPS under Goal 18 and its implementing statutes and regulations.11
B. Background of Shoreline Protection Structures in Oregon
Hardened SPS will have impacts on the beaches, bluffs, and dunes upon which they are built. As one authority has put it “seawalls damage virtually every beach they are built on. If they are built on eroding beaches—and they are rarely built anywhere else—they eventually destroy them.”12 Another authority has described why this is true:
“The ability of beaches to retreat landward and build seaward in response to changes in sea level, storm waves, and other natural processes is fundamental to their protective role as well as to their continued existence. Shoreline hardening to thwart nature’s ebb and flow is therefore the antithesis of beach conservation.”13
The permitting process for SPS on the coast as well as Goal 18 (protecting Beaches and Dunes) trace their origin to the Oregon legislature’s decision to adopt the “Beach Bill,” now codified in ORS Chapter 390. In 1967, the legislature proclaimed the state’s sovereignty over the ocean shore and adopted a clear policy in favor of preserving the ocean shore for future recreational uses and doing “whatever is necessary” to protect the public’s scenic and recreational use of the beach. 14 Goal 18, IR 5 is a further acknowledgment of the legislature’s declaration, and presents the threshold question of any given property’s eligibility for a SPS in Oregon.15 In recognition of the severe and often irreparable damage that even a small section of shoreline armoring will likely have on the ability of the beach to replenish itself in the long-term, and of the effects of the intrusion of SPSs upon the public’s right to safe enjoyment of and lateral recreational access to Oregon’s beaches, Goal 18, IR 5 limits the placement of “beachfront protective structures” to those areas where “development existed” prior to 1977.16 According to one authority, the purpose of the policy
[I]s to limit long term, cumulative impacts from shoreline hardening, such as scouring and lowering of the beach profile, that can over time result in the loss of the dry sand public beach. The policy is premised on a basic “grandfathering” concept, allowing development that occurred prior to the adoption of the policy to qualify for hard protection, but precluding shore hardening for new development. New development must instead account for shoreline erosion through non-structural approaches (e.g., increased omitted); see also Puggiero et al., USGS, National Assessment of Shoreline Change: Historical Shoreline Change Along the Pacific Northwest Coast at 40 (2013) (citing erosion and geological studies from 1993 and 1983 regarding erosion and its impact as a sand source to Gleneden Beach). 11 See Or. Dep’t of Land Conservation & Dev., “Goal 18: Beaches and Dunes,” OAR 660-015-0010(3) (2019) [hereinafter Goal 18] at 1, https://www.oregon.gov/lcd/OP/Documents/goal18.pdf; see also Staff Report at 4. 12 Cornelia Dean, Against the Tide: The Battle for America’s Beaches, 53 (2001). 13 Pillkey, Orrin H., quoted in Duke Research, 60 (1992). 14 See ORS 390.610(4). 15 Goal 18. 16 See Goal 18; see also OAR 736-020-0010(6): General Standards – Compliance with LCDC Goals, (OPRD rule applying Goal 18, IR 5 to ocean shore permits).
4 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
setbacks). In the face of increased ocean erosion occurring in conjunction with climate change and sea level rise, limiting hard structures and allowing natural shoreline migration is a critical policy tool for conserving and maintaining Oregon’s ocean beaches.17
As affirmed by precedent interpreting the above provision, Goal 18, IR 5 is an acknowledgment that SPS are man-made structures that cause problems for adjacent property owners, non-adjacent owners (e.g., public), and for the state, which owns and manages the ocean shore and all lands westward of the ocean shore in trust for the public. Because the Land Conservation Development Commission (“LCDC”) knew that SPS caused problems and also recognized that some development had already occurred in reliance on the ability to build such structures prior to January 1, 1977, it adopted Goal 18, IR 5. In other words, new development after January 1, 1977 would only occur with the knowledge that SPS would not be allowed as a measure to address shoreline erosion, putting all potential developers on constructive notice. Following the adoption of Goal 18, IR, new development would not be allowed to cause problems by reliance on harmful hardened shoreline protection structures.
C. Application Summary
The Applicants seek an exception to Goal 18, IR 5 for the purposes of building beachfront protective structures at each of the three sites. At issue for the purposes of this public hearing are the following Application requests:18
1. An amendment to Lincoln County’s Comprehensive Plan to adopt the Goal 18 exception to allow for the construction of beachfront protective structures on three sites in Gleneden Beach on properties presently ineligible under Goal 18 protective structures. 2. A “Reasons Exception” to Goal 18 in order to implement permits for new beachfront protective structure(s).19
Oregon Shores provides these comments in order to underscore the apparent deficiencies in the concurrent applications’ request. Upon the current record, the Applicants have not demonstrated compliance with the applicable approval criteria set forth in the Goals, the ORS, the LCCP, the LCZO.
II. The Applications fails to meet the criteria required for an amendment of the LCCP in order to take a “reasons” exception to Goal 18.
The Application seeks to amend the LCCP in order to adopt exceptions to Statewide Planning Goal 18 (“Goal 18”), Implementation Requirement 5 (“IR 5”) allowing the construction of protective beach structures on three sites on Gleneden Beach. Goal 18 limits the placement of beachfront protective structures such as shoreline armoring to those areas where development
17 Edward J. Sullivan, Shorelands Protection in Oregon, 33 J. Envtl. Law & Litigation 129, 150 (2018) (citing Matt Spangler, Senior Coastal Policy Analyst, DLCD) [hereinafter Sullivan]. 18 Applicants’ Combined Narrative Lincoln Co. File Nos. 01-LUPC-21 et. seq. (“Combined Narrative”) at 1, 25–26. 19 See generally Staff Report.
5 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 existed prior to 1977. Goal 18 is meant to “conserve, protect, where appropriate develop and where appropriate restore the resources and benefits of coastal beach and dune areas.” To achieve that goal with respect to long-term environmental values, Goal 18 must not allow for ineligible properties to be granted emergency permitting that increases shoreline protection structures and, in return, further degrades the Oregon coast. In order to approve shoreline hardening on these Properties, the county must approve one of three types of “exceptions” to Goal 18, including the “reasons” exception at issue.
ORS 197.732 contains Oregon’s statutory guidelines for the Goal 2 (Land Use) exception process and its criteria parallel the criteria set forth in OAR 660-004-0020. The four requirements for a goal exception under ORS 197.732 are:
(a) Reasons justify why the state policy embodied in the applicable goals should not apply.
(b) Areas that do not require a new exception cannot reasonably accommodate the use.
(c) The long-term environmental, economic, social and energy consequences resulting from the use at the proposed site with measures designated 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.
(d) The proposed uses are compatible with other adjacent uses or will be so rendered through measure designed to reduce adverse impacts.
OAR 660-0020 elaborates on these four standards and OAR 660-004-0022 provides a set of specific reasons (in accordance with OAR 660-004-0020(1)) to evaluate whether the first of the above standards are met—i.e., whether the “reasons” justify why state policy embodied in the applicable foals should not apply. In other words, OAR 660-004-0020 and OAR 660-004-0022 detail the criteria the Applicants must meet before the Planning Commission can recommend that the County Board of Commissioners adopt an amendment to the LCCP in order to take a reasons exception to Goal 18.
Additionally, if a use is not specifically provided for, the reasons shall justify why the state policy embodied in the applicable goals should not apply. Acceptable reasons include a “demonstrated need” for the proposed use or activity, based on one or more of the requirements of Goals 3 to 19. OAR 660-004-0022(1)(a). Because the proposed exception fails to demonstrate compliance with applicable provisions of OAR 660-004-0020, it cannot demonstrate compliance with ORS 197.732.
In order for a Goal exception to take effect, it must be adopted as an amendment to Lincoln County’s comprehensive plan. Under LCZC 1.1235, these types of quasi-judicial amendments are only allowed if there is a need for the change, the amendment is consistent with the County’s Plan and Code, and the amendment complies with the Goals. LCZC 1.1235.
6 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
Oregon statute mandates that comprehensive plan amendment must be compliant with the Goals. ORS 197.175(2)(a).
In order to find that reasons justify a goal exception, there must be sufficient information provided in the record and reasoning to support each of the criteria. As the Oregon Court of Appeals explained: “an exception must be just that – exceptional.”20 The Applicants’ proposal that Lincoln County set forth within the LCCP and LCZC (collectively, “Lincoln County Comprehensive Plan”) an amendment and justification for a Goal 18 exception at the proposed sites warrants careful consideration to assess consistency with this “exceptional” standard. As shown below, the Applicants’ proposal falls short of meeting this bar.
A. Goal 18 Overview
The LCDC’s goal for beaches and dunes is “[t]o conserve, protect, where appropriate develop, and where appropriate restore the resources and benefits of coastal beach and dune areas.” In other words, development may not be allowed where it is inconsistent with Goal 18’s mandate to conserve and protect coastal beach and dune areas.21 If development is consistent with Goal 18’s mandate to conserve and protect (i.e., “appropriate”), LCDC’s goal is then “to reduce the hazard to human life and property from natural or man-induced actions associated with beaches and dunes.” It is important to note that Goal 18 is aimed at reducing impacts that may be caused by the proposed development, not reducing risks to life and property that are caused by natural hazards.22
Comprehensive plans, such as the acknowledged TCCP, must conduct inventories to identify beach and dune areas. Based upon this identification, comprehensive plans are required to establish policies and uses to achieve Goal 18’s mandate to conserve and protect coastal beach and dune areas.23 Uses must be based on two factors: the capabilities and limitations of beach and dune areas to sustain development, and the need to protect the natural resources found in beach and dune areas identified through the application of Oregon Statewide Planning Goals & Guidelines, Goal 5 (open spaces, scenic and historic areas, and natural resources), and Goal 17 (coastal shorelands).24
As stated above, hardened SPS will adversely impact the beaches, bluffs, and dunes upon and adjacent to which they are built. Thus, to achieve that goal with respect to conserving and protecting the resources and benefits of coastal beach and dune areas, Goal 18, Implementation Requirement 5 (Goal 18, IR 5) generally restricts the placement of SPS to those areas where “development existed” as of 1977.25 Goal 18, IR 5 specifically states:
20 1000 Friends of Oregon v. LCDC, 69 Or App 717, 731 (1984). 21 Waugh v. Coos Cnty., LUBA No. 93-129, 26 Or LUBA 300, 305–306 (1993). 22 Borton v. Coos County, LUBA No. 2005-153, 52 Or LUBA 46, 59 (2006). 23 Goal 18. 24 LCCP Sec. 1.0100 Beaches and Dunes Goals, LCCP Sec. 1.0105 Beaches and Dunes Policies, and LCC Sec. 1.1930 Beaches and Dunes contain implementing policies for permissible uses based on the capabilities and limitations of beach and dune areas as well as policies and prohibitions to protect areas of critical environmental concern. 25 Goal 18, Implementation Requirement 5 (“Goal 18, IR 5”).
7 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
Permits for beachfront protective structures shall be issued only where development existed on January 1, 1977. Local comprehensive plans shall identify areas where development existed on January 1, 1977. For the purposes of this requirement and Implementation Requirement 7 "development" means houses, commercial and industrial buildings, and vacant subdivision lots which are physically improved through construction of streets and provision of utilities to the lot and includes areas where an exception to (2) above has been approved.26
Further, such structures shall be approved only if they meet certain criteria for review of all shore and beachfront protective structures. These criteria for review of all shore and beachfront protective structures shall provide that:
(a) visual impacts are minimized; (b) necessary access to the beach is maintained; (c) negative impacts on adjacent property are minimized; and (d) long-term or recurring costs to the public are avoided.27
In other words, Goal 18 precludes shore hardening for new development in areas that were undeveloped, as defined by Goal 18, IR 5, as of January 1, 1977. New development must instead account for shoreline erosion through non-structural approaches (e.g., increased setbacks, moving the upland structure itself).28 None of these properties contained qualifying residential, commercial, or industrial developments or buildings as of January 1, 1977, within the meaning of the term “development” under Goal 18, IR 5. Further, none of the Properties constitute “vacant subdivision lots which [were] physically improved through construction of streets and provision of utilities to the lot” as of January 1, 1977, and thus are not developments within the meaning of Goal 18, IR 5 for the purposes of eligibility for a SPS. Therefore, the Applicants require a Goal 18 exception for the proposed SPS development.
B. First Goal Exception Requirement: Reasons Justify Why the State Policy Embodied in the Goals Should Not Apply.
OAR 660-004-0020— Goal 2, Part II(c), Exception Requirements and OAR 660-004- 0022(1)—Reasons Necessary to Justify an Exception Under Goal 2, Part II(c).
OAR 660-004-0020(2)(a) requires the Applicants identify “reasons” as to why Goal 18 criteria regarding should not apply to the sites. OAR 660-004-0022 identifies the types of “reasons” that may be used to justify the exception.
Applicants’ various reasons for granting an exception to IR 5 do not demonstrate adequate “reasons” under OAR 660-004-0020(2)(a). The Applicants list their own various reasons for exceptions to IR 5, including “homes and other oceanfront structures on the Properties are in imminent danger and threatened by a high probability of total failure in the near
26 Goal 18, IR 5. 27 Id. See also OAR 736, Div. 20 (OPRD rules implementing these criteria, in part). 28 Edward J. Sullivan, Shorelands Protection in Oregon, 33 J. Envtl. Law & Litigation 129, 150 (2018) (citing Matt Spangler, Senior Coastal Policy Analyst, DLCD) [hereinafter Sullivan].
8 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 future because of the rapid and unpredictable erosion of their shoreline bluffs[,]” “Gleneden Beach [being] already extensively lined with protective structures[,]” and the fact that “[t]here are very few natural resources on Gleneden Beach to ‘conserve’ because of its low-quality habitat.” While the applicants have identified specific factual circumstances they believe justify an exception, they fail to identify a demonstrated need for the proposed use or activity, based on one or more of the requirements of Goals 3 to 19.
Under OAR 660-004-0022(1)(a), if a use is not specifically provided for, the reasons shall justify why the state policy embodied in the applicable goals should not apply. This provision is a “catch-all” that provides standards for reasons exceptions in the absence of other, goal-specific rules. Acceptable reasons include: There is a demonstrated need for the proposed use or activity, based on one or more of the requirements of Goals 3 to 19; and either
(A) A resource upon which the proposed use or activity is dependent can be reasonably obtained only at the proposed exception site and the use or activity requires a location near the resource. An exception based on this paragraph must include an analysis of the market area to be served by the proposed use or activity. That analysis must demonstrate that the proposed exception site is the only one within that market area at which the resource depended upon can reasonably be obtained; or
(B) The proposed use or activity has special features or qualities that necessitate its location on or near the proposed exception site.
OAR 660-004-0022(1)(a) requires the Applicants to establish a “demonstrated need” for the proposed use or activity based on the requirements of one or more of Goals 3 to 19. Subsequent subsections of OAR 660-004-0022 set out a number of goal-specific rules.29 The “demonstrated need” standard requires that a county demonstrate “it is at risk of failing to satisfy one or more obligations imposed by a statewide planning goal and that the proposed exception is a necessary step toward maintaining compliance with its goal obligations.” Or. Shores Conservation Coal. v. Coos County, __Or LUBA __ (LUBA No. 2020-002 at 3 (May 3, 2021)) (citing VinCEP v. Yamhill County, 55 Or LUBA 433, 449 (2007))30. The Applicants assert the “demonstrated need” is based primarily on “several Goals, including Goal 7 (Natural Hazards), Goal 8 (Recreational Needs), Goal 9 (Economic Development), Goal 10 (Housing), and even Goal 18 itself.”31 Additionally, in their Supplemental Narrative Statement from June 3, 2021,32
29 Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians v. City of Coos Bay, __ Or LUBA __ (LUBA No. 2020-012 at 19 (May 3, 2021)). 30 Stated another way, a county is required to (1) identify one or more obligation sunder Goals 3 to 19; (2) explain why the county is at risk of failing to meet those obligations; and (3) explain why the proposed exception to the requirements of one goal—in this case, Goal 18—will help the county maintain compliance with its other goal obligations. Or. Shores Conservation Coal. v. Coos County, __Or LUBA __ (LUBA No. 2020-002 at 3 (May 3, 2021). 31 Combined Narrative at 37. 32 June 3, 2021 Supplemental Narrative Statement, Applications for Goal 18 Exception and Amendment to Comprehensive Plan (Nos. 01-LUPC-21, 02-LUPC-21, and 03-LUPC-21) (“June 3, 2021 Supplemental Narrative”) at 8, 12–13.
9 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
Applicants state that Goal 17 (Coastal Shorelands) establish a “demonstrated need.” In the present case, the Applicants fail to show there is a “demonstrated need” based upon the requirements of the highlighted goals.
First, the Applicants fail to show a demonstrated need under Goal 7. The purpose of Goal 7 is “[t]o protect people and property from natural hazards.” Under Goal 7(A)(2), “coastal erosion” is one of the hazards the County should protect against. The Applicants correctly state that Goal 7 requires local governments to evaluate the risk to people and property based on the “frequency, severity and location of the hazard” and “the effects of the hazard on existing and future development[.]” Goal 7(1)(a)–(b). However, the Applicants’ assertion that approving this application “clearly” advances this Goal because of the current and “growing” risks to the Properties is a step too far. While erosion on Gleneden Beach has accelerated, the current threats endangering the Properties are due to increased shoreline hardening. Applicants ask for a solution to the immediate threats to the properties; however, the addition of riprap to the coastline will, in the long run, only exacerbate and escalate the coastal erosion and natural hazards Gleneden Beach and the Properties face. Applicants provide no meaningful discussion of the long-term hazard impacts to the beach and public safety within the context of Goal 7 and Goal 7 does not include any specific requirements on a County to serve as a reasons exception under OAR 660-004-0022(1)(a). Absent such analysis, the Planning Commission cannot conclude that the proposed plan amendment and Goal 18 IR 5 exception is consistent with Goal 7 based on the current record.
Second, the Applicants also fail to show a demonstrated need under Goal 8. The purpose of Goal 8 is “[t]o satisfy the recreational needs of the citizens of the state and visitors, and where appropriate, to provide for the siting of necessary recreational facilities including destination resorts.” The Applicants correctly state that Goal 8 mandates that local governments adopt plans, codes, and otherwise take actions to provide for the recreational needs of citizens and tourists, including the citing of “destination resorts.”33 Applicants attempt to hang their Goal 8 argument on the fact that the WorldMark Resort is a tourist destination for Lincoln County and thus, its imminent threats “clearly” warrant a Goal exception and “clearly contravene” Goal 8. However, Applicants fail to clearly explain how the WorldMark Resort provides for the recreational needs of the Oregonians and out-of-state visitors. Further, the Applicants fail to clearly show whether the WorldMark qualifies under the applicable criteria of ORS 197.445 as a “destination resort” under the law. The Resort itself is located on a beach containing hazardous, eroding bluffs and is unfit to promote any safe recreational activities. This erosion even currently impacts the Resort’s pool and walkway, which are closed due to safety concerns.34 The Resort also has no beach access in the direct vicinity due to erosion safety concerns.35 Even if Applicants are correct about the impact that the Resort has on contributing to the area’s recreational needs, it fails to demonstrate that the property is a “destination resort” within the meaning of Goal 8.
33 ORS 197.445—Destination resort criteria (listing specific destination resort qualifications and standards); see also LCZC 1.1630(2) Standards Governing Conditional Uses (stating the general conditional use standards and requirements for motels, hotels, lodges, and resorts in Lincoln County). 34 See WorldMark Gleneden, https://www.worldmarktheclub.com/resorts/ge (describing the erosion concerns and the impact to recreational pool areas and beach access). 35 Id.
10 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
Further, the Applicants wrongfully state that the approval of the shoreline hardening permits would “protect the recreational resources of the beach below the eroding bluff.”36 As stated above, the addition of shoreline hardening to these sites—particularly the addition of riprap—would destroy any remaining recreational opportunities Gleneden Beach may offer at these points as well as greatly disturb the public’s access. Riprap not only reduces the walkability of a beach by making public walking and recreation spaces narrower and less safe but also continues beach erosion and causes beaches to disappear entirely over time.37 Even with the proposed shoreline hardening structures, the Properties will be negatively impacted through continued bluff erosion. The Applicants provide no meaningful discussion of how the purpose of Goal 8 will be fulfilled. Absent such analysis, the Planning Commission cannot on the basis of the current record conclude that the proposed plan amendment is consistent with Goal 8.
Third, the Applicants also fail to show a demonstrated need under Goal 9. The purpose of Goal 9 is “[t]o provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens.” The Applicants broadly state that allowing the destruction of the Properties will cause immense economic harm to the local economy that “clearly violates” Goal 9.38 However, the Applicants confuse the actual intent of Goal 9, which is to apply this goal in urban areas, which is to apply this goal in urban areas. See OAR 660-009-000 and 660-009-0010(1) (Division 9 implements requirements of Goal 9 and applies to areas within urban growth boundaries). Applicants assert economic arguments that are not relevant within the context of Goal 9 as these properties are not within an urban growth boundary. As applied to lands outside of urban areas, Goal 9 “does not obligate the county to provide any particular quantity or quality of ‘sites of suitable sizes, types, locations, and service levels for a variety of industrial or commercial uses.’”39Additionally, a general desire—as Applicants assert here—“to diversify or boost the local economy is an insufficient basis for a [resource goal] exception under OAR 660-004-0022(1)(a).”40 The Applicants fail to assert any analysis showing their economic harms fit within the requirements and policies of Goal 9. Absent such analysis, the Planning Commission cannot on the basis of the current record conclude that the proposed plan amendment is consistent with Goal 9.
Fourth, the Applicants also fail to show a demonstrated need under Goal 10. The purpose of Goal 10 is “to provide for the housing needs of the citizens of the state.” It imposes an affirmative duty on local governments to ensure opportunities for the provision of adequate numbers of needed housing units at prices and rents that are affordable to Oregonians. See OAR 660-008- 0000(1) (describing the purpose of Goal 10). Applicants argue the failure to approve these applications will result in the loss of 30 to 84 at SeaRidge and the Lincoln Avenue Homes and state, “allowing [this] unnecessary loss . . . would further constrain the already deficient supply of homes in the County.”41 However, this goal likely does not apply in this instance as many of these homes are not primary residences and therefore, do not further the policies of this goal to
36 Combined Narrative at 60. 37 The True Cost of Armoring the Beach, SURFRIDER (July 6, 2020) https://sandiego.surfrider.org/the-true-cost-of- armoring-the-beach/ (last visited June 7, 2020). 38 Combined Narrative at 60. 39 Or. Shores Conservation Coal. v. Coos County, __Or LUBA __ (LUBA No. 2020-002 at 33 (May 3, 2021)). 40 Id. 41 Combined Narrative at 38.
11 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 provide stable, needed, affordable housing to the Oregon citizens and do not ensure local housing needs are met. Instead, these residences, often used as vacation rentals, that cater to tourism and likely are not covered by Goal 10. See Oregonians in Ation v. City of Lincoln City, 71 Or LUBA 234 (2015) (stating that where a city comprehensive plan’s Housing Element and Housing Inventory identifies single-family second homes as needed housing, but does not identify vacation rental dwellings as needed housing, the needed housing statute is not implicated by a city ordinance that amends the zoning code’s regulations governing vacation rental of dwellings). The Applicants fail to show any analysis demonstrating the applications’ consistency with Goal 10 policies. Absent such analysis, the Planning Commission cannot on the basis of the current record conclude that the proposed plan amendment is consistent with Goal 10.
Fifth, the Applicants also fail to show a demonstrated need under Goal 17. The Applicants assert that Goal 17 “requires local governments to make land use decisions related to coastal shorelands based on consideration of competing values related to water quality, fish and wildlife habitat, water dependent uses, economic resources and recreation and aesthetics.”42 The Applicants further assert that “[t]o this end, Goal 17 requires local governments to “maintain the diverse environmental, economic, and social values of coastal shorelands and water quality in coastal waters.”43 This paraphrase mischaracterizes the objectives of Goal 17.
The LCDC’s goal for coastal shorelands is “[t]o conserve, protect, where appropriate, develop and where appropriate restore the resources and benefits of all coastal shorelands, recognizing their value for protection and maintenance of water quality, fish and wildlife habitat, water-dependent uses, economic resources and recreation and aesthetics.”44 In other words, local governments must first conserve and protect “the resources and benefits of all coastal shorelands, recognizing their value for protection and maintenance of water quality, fish and wildlife habitat, water-dependent uses, economic resources and recreation and aesthetics.” If development is consistent with Goal 17’s mandate to conserve and protect (i.e., “where appropriate”), only then can it be allowed to proceed. The Goal’s objective is also “[t]o reduce the hazard to human life and property, and the adverse effects upon water quality and fish and wildlife habitat, resulting from the use and enjoyment of Oregon’s coastal shorelands.”45
The Applicants fail to offer any affirmative obligation or mandate under Goal 17 to suggest that the requested exceptions are justified under the demonstrated need standard. The Applicants appear to assert, absent any supporting evidence or textual support, that Goal 17 requires local governments “to steward their coastal shorelands by carefully considering and balancing competing interests.”46 In actuality, Goal 17 states that:
Land use plans, implementing actions and permit reviews shall include consideration of the critical relationships between coastal shorelands and resources of coastal waters, and of the geologic and hydrologic hazards associated with coastal shorelands. Local, state and federal agencies shall within the limit of their authorities maintain the diverse
42 June 3, 2021 Supplemental Narrative at 12. 43 Id. 44 Goal 17, (emphasis added). 45 Goal 17, (emphasis added). 46 June 3, 2021 Supplemental Narrative at 12.
12 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
environmental, economic, and social values of coastal shorelands and water quality in coastal waters. Within those limits, they shall also minimize man-induced sedimentation in estuaries, near shore ocean waters, and coastal lakes.47
The issue here is not “the balancing and choice between the destruction of a large resort with 80 time-share units and many on-site amenities, 26 oceanfront condominium homes, and four oceanfront single-family residences versus imposing [Goal 18, IR 5],” as asserted by the Applicants.48 Rather, the question is whether the Applicants have established that the proposed exception to Goal 18 is necessary for the County to satisfy an express obligation or requirement under Goal 17, or any of the other Goals advanced under the Applicants’ discussion under OAR 660-004-0022(1)(a) (i.e., a demonstrated need).
Here, the Applicants fail to meaningfully establish the same. Goal 17 does not contain any express obligation requiring the installation of the proposed SPS as a shoreline erosion mitigation measure at any of the properties at issue, and the Applicants do not argue otherwise. To the contrary, like Goal 18, IR 5, Goal 17, IR 5 sets forth a clear preference against hardened SPS. It states, in relevant part:
Land-use management practices and non-structural solutions to problems of erosion and flooding shall be preferred to structural solutions.49
Hence, local governments must prioritize land-use management practices (such as disincentivizing maladaptive coastal development by limiting reliance on hardened SPS) and non-structural solutions (such as vegetation, moving threatened vacation homes, etc.) to address coastal erosion over the hardened structural solutions such as the one proposed in this case. Thus, far from creating an affirmative obligation that requires the proposed SPS, and thus the exception to Goal 18, Goal 17 actively discourages hardened riprap as a solution to coastal erosion.
In addition, Goal 17’s general priorities for overall use of coastal shorelands establish that promoting uses that maintain the integrity of estuaries and coastal waters have the highest priority. As noted throughout this comment, hardened SPS are the antithesis of a use that would maintain the integrity of estuaries and coastal waters, given their tendency to degrade beach ecosystems. Of lowest use priority for local governments under Goal 17 is permitting “[non- water-dependent, non-water-related uses” which cause a permanent or long-term change in the features of coastal shorelands.” The proposed SPS arguably falls within the latter category, and should be prioritized accordingly.
The Applicants assert that imposing Goal 18, IR 5 “on the Properties will also create significant hazard to human life and property,” and then claim that “[i]n such circumstances, compliance with Goal 17 requires the adoption of the proposed exceptions to Requirement 5 for the Properties.” These assertions are conclusory, and lack any meaningful support in the Application materials provided. To the contrary, the plain text of Goal 17 requires local governments “[t]o reduce the hazard to human life and property, and the adverse effects upon
47 Goal 17. 48 June 3, 2021 Supplemental Narrative at 12. 49 Goal 17, IR 5.
13 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 water quality and fish and wildlife habitat, resulting from the use and enjoyment of Oregon’s coastal shorelands.” As discussed throughout this comment, the proposed SPS as a shoreline erosion mitigation measure will result in hazard to public safety (i.e., human life) and adjacent properties, including potential adverse impacts to the Gleneden Beach Wayside.
The Applicants fail to put forth any express criteria in Goal 17 or other obligation related to Goal 17 sufficient to establish a demonstrated need consistent with OAR 660-004-0022(1)(a) such that an exception to Goal 18, IR 5 would be justified in this case.
Finally, the Applicants also fail to show a demonstrated need under Goal 18. The purpose of Goal 18 to “conserve, protect, where appropriate develop, and where appropriate restore the resources and benefits of coastal beach and dune areas.” The Applicants state that the erosion threatening the properties “could be ‘reduced’—in fact, altogether avoided—by approval of a Goal exception”50 and thus meets a demonstrated need under the second policy of Goal 18 to reduce hazard and harm to human life and property. However, the Applicants’ interpretation of Goal 18 mischaracterizes how the goal balances conservation and hazard reduction. Applicants also confuse and misstate the true purpose and policy behind Goal 18. They use confusing logic to justify the proposed exception to IR 5 by implying that in order to uphold the intent of Goal 18, the County must grant an exception to Goal 18.51 They state, “[t]he overarching reason the County should grant the Applicants’ request for an exception to Implementation Requirement 5 . . . is because its imposition on the Properties clearly undermines these two main objectives of Goal 18. In such a case, the minor implementation subpart should give way to the actual text and intent of the Goal.”52 This interpretation of Goal 18 is inaccurate. Development under Goal 18 may not be allowed where it is inconsistent with the mandate to conserve and protect. Waugh v. Coos County, LUBA No. 93-129, 26 Or LUBA 300, 305–06 (1993). However, if development is consistent with the mandate to conserve and protect, LCDC’s goal is then to “reduce the hazard to human life and property from natural or man-induced actions associated with [beaches and dunes].” Goal 18. This goal is aimed at reducing the impacts caused by proposed development and not reducing risks to life and property that are caused by natural hazards. Borton v. Coos County, LUBA No. 2005-153, 52 Or LUBA 46, 59 (2006).
Applicants then state that “in these circumstances, Implementation Requirement 5 will actually undermine the text and objectives of Goal 18 . . . and in no way accomplishes a proper balancing of development with resource conservation nor a reduction in hazards as required by Goal 18.”53 As stated above in Section I(B), the purpose behind Goal 18 is to prevent the proliferation of harmful beachfront protective structures, like riprap, on the Oregon Coast. As acknowledged repeatedly in scientific literature and even in the Applicants’ own combined narrative, riprapped shorelines and the proliferation of shoreline protective structures will only continue to cause significant harm to beaches due to the structures starving the beach of sediment and increasing erosion. Increasing the amount of riprap on Gleneden Beach not only directly
50 Id. 51 Oregon Shores notes that it is unlikely that a goal exception could ever be justified by or based upon the policies contained within the same Goal itself. In any case, the Applicants fail to provide any meaningful support for their conclusion that the contrary is possible. 52 Combined Narrative at 27. 53 Id. at 31.
14 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 impedes the purpose of Goal 18, but also increases the risks to public health and safety by encouraging more shorefront protection and development rather than incentivizing setbacks and movement away from shoreline areas and coastal hazards. Thus, Applicants cannot satisfy a reasons exception under OAR 660-004-0020(2)(a) and thus their applications should be denied.
Applicants fail to provide any analysis demonstrating consistency with Goal 18 policies.54 The purpose of Goal 18 is not to be used to fill in the gaps of riprap on Gleneden Beach in an attempt to prevent destruction. Allowing ineligible properties to harden their shoreline simply because the rest of the coastline is hardened—and now facing the consequences of that hardening—sets harmful, contradictory precedent for future Goal 18 implementation. The policies of Goal 18 are clear and the law demonstrates that shoreline hardening in this instance is not allowable. As stated above, exceptions to Goal 18, IR 5 have led developing highly hazardous coastal areas with insufficient setbacks, leading to further proliferation of these harmful structures.55
Additionally, Applicants state that OAR 660-004-0022(B) is satisfied because “[t]he Applicants seek protective structures to prevent potentially catastrophic erosion that threatens life and valuable buildings on the Properties, and to be effective, these proposed structures can only be placed on the Properties’ beachfront.”56 Following the Applicants’ line of reasoning, any protective structure on a coastline would show a “demonstrated need” under OAR 660-004- 0022(B) based on the uniqueness of a location and the threat of erosion— regardless of whether the properties qualify. Thus, the Applicants’ reasoning is overly conclusive and they do not adequately explain how this provision is satisfied. As a whole, the Applicants fail to explicitly identify policy criteria in these goals applicable to its proposed development, and fail to provide sufficient information to evaluate the proposed project’s consistency with the primary objective of each Goal. There is insufficient evidence on the basis of this record to assess the Applicants’ compliance with Goals 7, 8, 9, 10, and 18. For these reasons, the Applicants fail to establish a “demonstrated need” sufficient to justify a reasons exception to Goal 18 under OAR 660-004- 0022(1)(a).
C. Second Goal Exception Requirement: Areas that do Not Require a New Exception Cannot Reasonably Accommodate the Use.
OAR 660-002-0020(2)(b) requires a showing that areas that do not require an exception cannot reasonably accommodate the use. The “use” here includes the hotel, condos, and homes, not just SRS. Applicants have failed to demonstrate that other areas that do not require an exception could not accommodate these uses. As discussed in detail above, the Applicants have not demonstrated a need for the proposed shoreline hardening. Because the Properties are
54 Further, the Applicants overstate the power and intent of the Goal 18 focus group in their Combined Narrative at 23–24. Reports, meeting minutes, and discussions of the focus group are not DLDC policy, guidance on Goal 18, nor the law. 55 Oregon Shores strongly argues that even in areas where an exception to Goal 18, IR #5 is taken, new developments in coastal areas should be designed to be readily moveable and with sufficient setbacks to avoid the need for SPS. 56 Combined Narrative at 38.
15 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 ineligible for shoreline hardening under Goal 18 and approval of shoreline hardening is not warranted, the Applicants cannot meet the requirements of subsection 2(b).
D. Third Goal Exception Requirement: The Long-Term Environmental, Economic, Social and Energy Consequences Resulting from the Use at the Proposed Site are Not Significantly More Adverse than Would typically Result from the Same Proposal Located in Other Areas that Would Require A Goal Exception.
OAR 660-002-0020(2)(c) requires the Applicants to demonstrate “the characteristics of each alternative area considered by the jurisdiction in which an exception might be taken, the typical advantages and disadvantages of using the area for a use not allowed by the Goal, and the typical positive and negative consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts.” Further,
The exception shall include the reasons why the consequences of the use at the chosen site 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. Such reasons shall include but are not limited to a description of: the facts used to determine which resource land is least productive, the ability to sustain resource uses near the proposed use, and the long-term economic impact on the general area caused by irreversible removal of the land from the resource base.
For the same reasons set forth above, the Applicants fail to demonstrate compliance with this criterion. Furthermore, absent more detailed information the Planning Commission cannot complete an analysis of the comparative adverse impacts.
E. Fourth Goal Exception Requirement: The Proposed Uses are Compatible with Other Adjacent Uses or Will Be So Rendered through Measures Designed to Reduce Adverse Impacts.
The Applicants state that the protective structures have “little to no impact” on surrounding properties and will not interfere with the use and appearance of the adjacent beach, thus meeting the requirements of OAR 660-004-0020(2)(d). Applicants’ assertion that increasing protective structures will “actually improve recreation near the sites by protecting the adjacent beach”57 is unsupported and fails to address the issue of decreased public access from increased riprap. Further, the proliferation of riprap on this portion of the coast is merely a short-term solution with long-term, hazardous impacts that Applicants fail to meaningfully address. The addition of riprap to these Properties—and the completion of Gleneden Beach’s shoreline hardening—is not a viable, long-term solution to erosion and will actually exacerbate the issue. The Applicants fail to meet this criterion and fail to discuss actual, viable solutions that prevent long-term adverse impacts on Gleneden Beach. For the reasons stated above, the Applicants fail to demonstrate that a Goal 18 exception is justified for the proposed uses and activities.
57 Combined Narrative at 36.
16 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
III. The Applicants Fail to Meet Applicable Criteria Under the LCC, LCZC, and the Statewide Planning Goals and Therefore Fail to Justify the Proposed Goal Exception and Comprehensive Plan Amendment.
Portions of the Comprehensive Plan (or, “LCC”) and LCZC only become relevant and warrant consideration if it is established that an exception and amendment should be granted. . General comments are provided for the purposes of clarity and preservation. Should this matter become germane to the present applications, Oregon Shores will provide additional, specific comment on the Goals as appropriate and allowed
A. Zoning Code (“LCZC”) Provisions – Comprehensive Plan Amendment.
LCZC 1.1235: Quasi-Judicial Amendments
This provision provides that
A quasi-judicial amendment to the Comprehensive Plan and Zoning Maps may be authorized provided that the proposal satisfies all applicable requirements of [the] Chapter and also provided that the applicant . . . demonstrates that the change is in accord with the Comprehensive Plan goals and policies or the Statewide Planning Goals and that: (1) There has been a substantial change in the character of the area since zoning was adopted and which warrants changing the zone; (2) Zoning previously adopted for the area was in error; or (3) There is a public need for the change being sought.
Under LCZC 1.1225, a quasi-judicial amendment may be requested by a property owner (or agent of thereof).
Applicants state in their Combined Narrative that the applications satisfy the first and third condition of this provision for several reasons including “several substantial changes,” including the rate of bluff erosion, since the adoption of the Comprehensive Plan in 1988 and increasingly destructive storms.58 Applicants also reason that these conditions are satisfied because of “the proliferation of protective structures on Gleneden Beach, and their collective, impact on unprotected properties, has grown substantially since the Plan was adopted”59 and because “there is a substantial public need for the Goal exception.”60 As stated above and throughout this comment, granting this Goal exception would not serve the public because this requests almost exclusively serve private interests. Additionally, allowing the proliferation of riprap on the coast would only further impede—not improve—public’s interests in Gleneden Beach in terms of beach access and the long-term coastal health. Thus, Applicants do not meet the criterion under LCZC 1.1235(3). Additionally, as mention in Section I(A), page 3 footnote 11, rapid beach erosion was both well-known and well-documented at the time the Comprehensive Plan was developed. While erosion has increased in recent years, it is inaccurate
58 Combined Narrative at 39–40. 59 Id. at 40. 60 Id. at 41.
17 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 to suggest, as Applicants do, that this is a substantial change that would have been unaccounted for and unknown to developers of the Properties at the time they were constructed. Thus, Applicants fail to satisfy LCZC 1.1235(3). Because Applicants fail to satisfy neither alternative grounds one or three, they fail to satisfy the necessary requirements.
In their Supplemental Narrative, Applicants assert that LCZC 1.1235(2) applies61 by making conclusory assertions that this criterion is met due to the County’s “failure to include such an exception in the comprehensive plan when it was adopted.”62 The Supplemental Narrative also states that “[w]hen adopted, the County mistakenly failed to provide for shoreline protection in the original plan. The record . . . shows that there was already intensive development along this coastline that needed protection at that time. The County’s original comprehensive plan does seem to say that the County was going to provide an exception.”63 These claims are unsupported by meaningful analysis and the Applicants do not cite to anything in their Supplemental Analysis showing that this assertion is factually correct. The current zoning in the area implements and is consistent with Lincoln County’s duly acknowledged comprehensive plan. Applicants have not established otherwise on the current record and absent such a showing, this statement should be ignored.
Further, the underlying logic of these assertions is in conflict with the governing law interpreting and the policy underlying Goal 18 and the Goal 2 exception process. First, the Applicants’ assertions fly in the face of Goal 18 because it suggests that the County—in response to overdevelopment—should have allowed an exception for the all of the shoreline properties on Gleneden Beach before a majority of the shoreline was hardened. The Comprehensive Plan was adopted in 1988.64 At that time, the shoreline was nowhere near as hardened as it is today (over 75% riprapped).65 As stated above, exceptions to Goals “must be just that—exceptional.”66 To claim that the County should have granted an exception long before a time when it was warranted is not only contrary to governing precedent but also goes against the greater statewide goal planning scheme by undermining the exception process. Second, even assuming that the Applicants’ assertion that the County intended to grant a prior exception is true,67 this does not conclusively mean that the County must grant an exception now and the Applicants fail to provide any legal support that states otherwise. Because Applicants fail to satisfactorily show that alternative two was met, they fail to satisfy the necessary requirements under this provision.
LCZC 1.1381: Coastal Shorelands (“C-S”) Overlay Zone
The relevant portion of this provision states * * * (4) Procedure
61 Supplemental Narrative at 13–14. 62 Id. at 14. 63 Id. 64 See Combined Narrative at 39 (stating the date of the comprehensive plan adoption). 65 Combined Narrative at 59, 67. 66 1000 Friends of Oregon v. LCDC, 69 Or App 717, 731 (1984). 67 Oregon Shores reemphasizes that upon its evaluation of the relevant documents the Applicants do not cite any source in their Supplemental Analysis for their assertion that the County intended to grant a prior exception for these properties in the comprehensive plan and without such evidence, this claim should not considered factually accurate.
18 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
Applicants requesting approval for land use actions within the areas subject to the provisions of the C-S zone shall submit, along with any application, a detailed site plan and/or written statement demonstrating how the proposed activities will conform to each of the applicable standards contained in the C-S zone. Planning Division or Planning Commission review of such applications shall proceed in accordance with the applicable provisions of this chapter.
Applicants conclusively state that “it is clear that the applicable standards for shorelands stabilization within the overlay zone are satisfied.”68 Because Applicants’ Combined Narrative, as the “detailed written statement” does not demonstrate compliance and conformity with the applicable C-S standards, this provision—if applicable—is not satisfied.
LCZC 1.1381(5)(f): Shoreline Stabilization
The relevant portion of this provision, detailing necessary standards to be applied when reviewing applications for land use in the C-S zone states
(5) Standards * * * (f) Shoreline Stabilization (A) Shoreline stabilization procedures shall be confined to those areas where: (i) Active erosion is occurring which threatens existing uses or structures; or (ii) New development or redevelopment of water dependent or water related uses requires protection for maintaining the integrity of upland structures or facilities (B) The following, in order, are the preferred methods of shoreline stabilization: (i) Vegetative or other non-structural. (ii) Vegetated rip rap. (iii) Unvegetated rip rap. (iv) Bulkheads or sea walls. Structural shoreline stabilization methods shall be permitted only where a higher priority method is not feasible. (C) Materials to be used must be clean and of a non-erodible quality that will allow long-term stability and minimize maintenance. Materials which could create water quality problems or which will rapidly deteriorate are not permitted. * * * (E) Shoreline stabilization structures shall be designed and located so as to minimize impacts on aquatic life and habitat, circulation and flushing characteristics, and patterns of erosion and accretion.
Even if, as the Applicants assert, that all of the necessary criteria of LCZC 1.1381(5)(f) are met, that is not a determinative factor in approving these applications. Further, as stated above, this provision would only be relevant if the Applicants first satisfied the criteria LCZC 1.1381—
68 Combined Narrative at 42.
19 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 which it does not. Thus, Applicants entire analysis regarding this provision should be disregarded.
B. Comprehensive Plan (“LCC”) Provisions – Comprehensive Plan Amendment.
As mentioned above, Oregon state law and the LCZC require that comprehensive plan amendments are consistent with the remaining, unamended portions of the comprehensive plan. ORS 197.175(2)(a); LCZC 1.1235. As explained in further detail below, Applicants fail to satisfy that legal standard.
LCC 1.0050 Natural Hazard Goals
The Applicants assert that their materials advance this plan provision69 because the they “identify and evaluate” the hazard of the bluffs, “which are endangering both life and property” and claim that the protective structures will eliminate this threat and create safeguards for existing land use on the Properties.70 As detailed above with regard to Goal 7, erosion and the current threats endangering the Properties are due to increased shoreline hardening. The Applicants ask for a solution to the immediate threats to the properties; however, the addition of riprap to the coastline will, in the long run, only exacerbate and escalate the coastal erosion and natural hazards Gleneden Beach and the Properties face. The structures are not, as the Applicants claim, safe for the public and the environment because they limit public access and—in the long run—cause additional erosion of the beach. Thus, the Applicants fail to advance this Plan provision.
LCC 1.0090 Coastal Shoreland Goals
The Applicants claim that this provision71 is satisfied based on balancing the economic harms of property damage with other recreational and natural considerations on Gleneden Beach.72 Even if Applicants’ do adequately demonstrate “recog[nition of] the value of coastal shore lands for protection and maintenance” with respect to balancing the economic harms and natural resources, the Applicants still overstate the potential that the proposed protective structures will have on the beach’s recreational, aesthetic, and public access opportunities. The proposed structures will interfere with both short-term and long-term beach access due to the erosive and harmful nature of riprap. Thus, the Applicants fail to meaningfully take that into consideration and thus fail to advance this provision.
LCC 1.0100 Beaches and Dunes Goals
69 LCC 1.0050 Natural Hazards Goals: "Natural hazard goals: (1) To identify and evaluate areas where natural hazards are known or suspected to exist. (2) To protect life and property from natural disasters and hazards. (3) To provide appropriate safeguards for land uses in areas of natural hazards." 70 Combined Narrative at 44. 71 LCC 1.0090 Coastal Shoreland Goals: Coastal shoreland goals: (1) To identify coastal shore lands. (2) To identify appropriate uses in coastal shorelands. (3) To recognize the value of coastal shore lands for protection and maintenance of water quality, fish and wildlife habitat, water dependent uses, economic resources, and recreation and aesthetics. 72 Combined Narrative at 44–45
20 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
The Applicants conclusively state that this provision73 is met because “[t]he proposed structures . . . are designed to conserve and protect the beaches and dunes of the County, as well as have little to no environmental impact.”74 As stated multiple times above and throughout this comment, the assertion that shoreline hardening will have “little to no” environmental impact is blatantly false and will not, in the long run “minimize adverse environmental effects” on Gleneden Beach. Thus, the Applicants fail to advance this provision.
LCC 1.0105(1)–(7), (11)–(14), (20)–(21) Beaches and Dunes Policies
The Applicants assert that several sections of the Plan’s Beaches and Dunes Policies provision are applicable and each will be discussed individually below.
LCC 1.0105(1) The Applicants claim that this provision75 is satisfied on their own analysis, expert reports, and application materials. Applicants conclusively state that “[t]he protective structures will also not have an adverse effect on the adjacent beach” and “[t]he installation of the structures will actually improve recreation near the sites by protecting the adjacent beach and persons thereon from falling materials.”76 As stated multiple times above, Applicants’ analysis is unsatisfactory and does not meaningfully discuss the total adverse impacts that increased riprap will have and the long-term hazards that shoreline hardening will have on public and private property, the natural environment, and beach access. Further, the Applicants’ assertion that these structures "will not have any negative impact on the natural environment” ignores the well documented issues with increased SRS and how these structures work to damage beaches.77 Thus, the Applicants fail to advance this provision.
LCC 1.0105(2)
As the Applicants have not yet made it past the first step of Application approval, this provision78 is not yet relevant nor satisfied. Thus, the Applicants have failed to satisfy this
73 LCC 1.0100 Beaches and Dunes Goals: "Beaches and dunes goals: (1) To protect, conserve and, where appropriate, restore, the beaches and dunes of Lincoln County. (2) To ensure that development will be designed to minimize adverse environmental effects. (3) To ensure that development will be adequately protected from any geological hazards, wind erosion, undercutting, ocean flooding and storm waves." 74 Combined Narrative at 45. 75 LCC 1.0105(1) “Lincoln County shall base land use decisions in beach and dune areas, other than older stabilized dunes, on specific findings which shall include the following: (a) The type of use proposed and the adverse effects it might have on the site and adjacent areas; (b) Temporary and permanent stabilization programs and the planned maintenance of new and existing vegetation; (c) Methods for protecting the surrounding area from any adverse effects of the development; and (d) Hazards to life, public and private property, and the natural environment which may be caused by the proposed use.” 76 Combined Narrative at 46. 77 Section I(B), supra at 4. 78 LCC 1.0105(2) “Lincoln County shall recognize the authority of the Division of State Lands and the Oregon Department of Transportation to regulate the placement of beach front protective structures, such as bulkheads, sea walls, rip-rap and similar protective structures. The above agencies' findings for such permits shall address and comply with Lincoln County Beach and Dune Policies 3 and 4 below, and shall address the following: (a) Hazards, as well as benefits, to life, public and private property, and the natural environment which may be caused by the
21 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 provision at this moment in time and the Applicants conclusion that “each of the OPRD’s findings will be in favor of allowing the proposed protective structures”79 is overly conclusive and unsupported.
LCC 1.0105(3)
The Applicants state that this provision80 is satisfied because “the protective structures are designed to avoid adverse impacts on adjacent properties” and “the goal of the protective structures is to reduce beach and bluff erosion.”81 As mentioned in detail above, Applicants fail to provide a sufficient analysis on the complete, long-term impacts of the SRS to beach access, beach health, and recreation. The Applicants also fail to address the harmful and erosive impacts of SRS on the bluffs and fail to address how SRS could—and will—continue to erode and endanger properties situated on the beach and bluff. Thus, the Applicants fail to advance this provision.
LCC 1.0105(4)
This provision82 is not satisfied because the Applicants fail to meet the legal requirements for a Goal 18, IR 5 exception and accompanying comprehensive plan amendment. Oregon Shores also incorporates by reference the Staff Report’s analysis of this provision,83 including the claims that the Properties were not developed, according to the Goal 18 definition of “developed,” prior to January 1, 1977 and that the subject property is not located within either of the sand spit Goal 18, IR 2 exception areas, and that all Properties are not Goal 18 eligible. Thus, Applicants fail to advance this provision.
LCC 1.0105(5)
As the Applicants have not yet made it past the first step of Application approval, this provision84 is not yet satisfied.
LCC 1.0105(6)
proposed use; and (b) Temporary and permanent sand stabilization programs and the planned maintenance of new and existing vegetation; and (c) Methods and techniques designed to minimize adverse impacts on the site and surrounding area; and (d) The necessity for beach front protective structures.” 79 Combined Narrative at 47. 80 LCC 1.0105(3) “Beachfront protective structures will be designed to minimize impacts on the beach on either side of the beach zone line and on beach erosion and accretion patterns.” 81 Combined Narrative at 48. 82 LCC 1.0105(4) “Beachfront protective structures may be permitted only where development existed on January 1, 1977, unless an exception to Statewide Planning Goal 18, implementation requirement 5, has been adopted as part of the comprehensive plan.” 83 Staff Report at 3–5. 84 LCC 1.0105(5) “Lincoln County shall rely on the State Parks and Recreation Division to regulate beach sand removal.”
22 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
This provision85 is not yet relevant to the proposed project because the Applicants state that “[n]o sand removal is proposed from the dune system for the construction of the protective structures.”86 However, the Applicants assertion that if sand removal becomes necessary “it will not adversely affect property on or off the Properties” is overly conclusive and fails to advance this provision.
LCC 1.0105(7)
This provision87 is not satisfied because, as noted above, the Applicants fail to adequately address the harms to public beach access from increased shoreline hardening and fail to analyze the long-term impacts of increased riprap on Gleneden Beach.
LCC 1.0105(11)
This provision88 is not satisfied because, as stated above, the Applicants fail to adequately address the long-term harms and stabilization issues that increased riprap will have on active dunes. Further, the Applicants fail to meaningfully analyze the long-term increased threat that the proliferation of riprap has on public and private property. Thus, this provision is not advanced.
LCC 1.0105(12)
Despite the Applicants assertion that this provision is not applicable because “no rare plants or wildlife, no estuarine resources, no nearby historic properties or cultural/archeological resources, no suitable nesting or foraging habitat for endangered or threatened wildlife, and no signs of geologic interests or fossil beds at the site[,]” the Applicants have not yet made it past the first step of Application approval, this provision89 is not yet completely satisfied.
LCC 1.0105(13)
As the Applicants have not yet made it past the first step of Application approval, this provision90 is not yet completely satisfied.
LCC 1.0105(14)
85 LCC 1.10105(6) “Lincoln County may allow sand removal from the dune system upon a finding that the resulting natural processes of the dune form will not adversely affect property on or off the site.” 86 Combined Narrative at 48. 87 LCC 1.10105(7) “Lincoln County shall cooperate with the State Parks and Recreation Division to ensure that construction of access to beach areas observes sound conservation practices and to protect existing public easements through beach and dune areas.” 88 LCC 1.0105(11) “Lincoln County shall encourage the stabilization of those active dunes that pose threat to public or private property.” 89 LCC 1.0105(12) “Lincoln County shall cooperate with the Oregon State Department of Fish and Wildlife to protect significant wildlife habitat in beach and dune areas as identified in the Lincoln County Plan Inventory and designated on Plan and Zone maps.” 90 LCC 1.0105(13) “Prior to development, Lincoln County shall require an approved revegetation and sand stabilization plan that is to be followed during and after development.”
23 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
The Applicants correctly state that this provision91 is not applicable because beachfront protective structures are at issue.
LCC 1.0105(20)
Despite the Applicants’ assertion that subsection (a) of this provision92 is satisfied and supported by four reports with site-specific geotechnical analysis, the satisfaction of this criterion does not warrant approval of a Goal 18, IR 5 exception or comprehensive plan amendment because almost all other criteria are unsatisfied.
LCC 1.0105(21)
The Applicants do no satisfy this provision’s93 criterion because they conclusively state that the proposed hardening structures “will actually preserve existing terrace vegetation” without adequately analyzing the impacts that increased shoreline hardening will have on long- term erosion, degradation, and vegetation removal.
LCC 1.0120 Ocean Resource Goals & LCC 1.0125 Ocean Resource Policies
The Applicants conclusively state that LCC 1.012094 is satisfied because “design of protective structures at the heart of the Applications is to protect ocean resources.”95 However, as Applicants have made clear, the true heart of these applications is the protection of private property interests and thus, this criterion is not satisfied.
LCC 1.012596 has not yet been satisfied because it is not yet time to request a permit for protective structure construction from OPRD. As the Applicants have not yet made it past the
91 LCC 1.10105(14) “Except for beach front protective structures regulated by state permitting agencies, Lincoln County shall establish development standards consistent with the recommendations of the RNKI Environmental Hazard Inventory and Department of Geology and Mineral Industries Bulletin 81.” 92 LCC 1.0205(20) “Lincoln County shall review all proposed actions which may result in the alteration of any beach or any active or conditionally stable dune form in the following manner: (a) Ocean front lots: Site specific geotechnical analysis by qualified registered professional geologist or engineering geologist except when the only known or suspected hazard is coastal recession and minor slope sloughing which can be compensated for with adequate setbacks as set out in Environmental Hazard Inventory, RNKR, 1977. (b) Sand areas: Except for beach front protective structures which are regulated by state permitting agencies, a detailed geotechnical analysis shall be required for active or conditionally stable dune forms and for areas of high ground water.” 93 LCC 1.0105(21) “Construction and alteration in beach and dune areas shall be designed and located so as to minimize vegetation removal and exposure of stable and conditionally stable areas to erosion.” 94 LCC 1.0120 Ocean Resource Goals “Ocean resource goals: (1) To understand the impacts and relationships of ocean activities to ocean resources. (2) To ensure proper management and protection of ocean resources.” 95 Combined Narrative at 51. 96 LCC 1.0125 Ocean Resource Policies "(1) Lincoln County shall work with all local, state and federal agencies which have planning permit or review authority over coastal land and water. (2) Lincoln County may review proposals to determine impacts of outer continental shelf oil, gas, mineral or other fisheries development. (3) Lincoln County shall work with state and federal agencies for development of ocean resources. (4) Lincoln County shall work to minimize on-shore impacts of offshore development where possible."
24 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 first step of Application approval, this provision is not yet relevant nor satisfied. Thus, the Applicants have failed to satisfy this provision at this moment in time.
LCC 1.0130 Economic Goals & LCC 1.0135 Economic Policies
The Applicants stated that LCC 1.013097 is met because these applications “significantly advance the economic goals of this provision” since “[t]he loss of the threatened homes and resort buildings will cause immense economic harm.” While the damages to these properties will have an economic impact, the Applicants still falsely assert that the potential environmental concerns—which should be considered under this provision—do not exist. As mentioned in great detailed above, there are several long-term environmental impacts from the proliferation of riprap on the Gleneden Beach and harmful impacts to recreation and public access. Thus, the Applicants’ assessment of this provision is incomplete.
Further, for the same reasons listed above, the requirements of relevant portions of LCC 1.013598 are not satisfied.
LCC 1.0160 Housing Goals
The Applicants do not satisfy this provision99 because, as stated above in reference to Goal 10, the homes and Properties at issue are not primary residences. They are secondary residences and tourist accommodations which do not help advance this goal to provide low- and moderate-income housing for the Lincoln County residents and do not advance the goal of making housing more efficient as they are primarily businesses. Thus, the Applicants do not satisfy this provision.
LCC 1.0170 Recreation Goals & 1.0175 Recreation Policies
Even if Applicants’ determination that contributions from the Resort will help advance LCC 1.0170,100 they fail to take into account other recreational considerations and impediments that the proliferation of riprap will cause Gleneden Beach. As stated multiple times above, shoreline hardening will in the long run limit and destroy potential recreational opportunities on
97 LCC 1.0130 Economic Goals “(1) To establish an economic planning process in the county. (2) To support and encourage the expansion of existing industrial and commercial activities in appropriate locations. (3) To support and encourage the creation of new industrial and commercial activities in appropriate locations. (4) To recognize the environmental and developmental constraints in expansion of industrial, commercial, and residential activities. (5) To improve the average wage in the county. (6) To improve the quality of employment opportunities in Lincoln County.” 98 Relevant portions of LCC 1.0135 Economic Policies state, “Economic Policies “(1) Lincoln County shall designate suitable lands for the creation and expansion of industrial and commercial activities. *** “(7) Lincoln County shall encourage labor intensive commercial and industry. *** “(10) When conflicting land uses are proposed, the alternatives shall be evaluated based upon economic, social, energy, and environmental costs and benefits.” 99 LCC 1.0160 Housing Goals “Housing goals: (1) To assist in providing housing. (2) To provide opportunities for a variety of housing choices, including low and moderate income housing to meet the needs, desires, and financial capabilities of all Lincoln County residents. (3) To make housing more efficient.” 100 LCC 1.0170 Recreation Goals Recreational goals: (1) To provide for recreation facilities for both residents and visitors in Lincoln County. (2) To maintain the region as a tourist recreation area.
25 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
Gleneden Beach that could help “maintain the region as a tourist recreation area.” Thus, Applicants fail to satisfy this provision.
Further LCC 1.0175101 is not satisfied because, as the above analysis also states, the Applicants’ analysis of recreational opportunities overlooks the issues that proposed shoreline hardening will bring regarding beach access and public use. Thus, this provision is not satisfied.
LCC 1.1310(1)(e): Uses permitted Outright in Residential Zone R-1
The Staff Report acknowledges that this provision102 applies to the review of the Applicants’ request. Oregon Shores incorporates by reference LCDC’s analysis on this provision. Further, Oregon Shores asserts that Applicants fail to meet the applicable requirements of this chapter and fail to satisfy the stated Goals, thus this provision is not satisfied.
LCC 1.1252: Notice of Exceptions to Statewide Planning Goals
The Staff Report acknowledges that this provision103 applies to the review of the Applicants’ request. Oregon Shores incorporates by reference LCDC’s analysis on this provision.
C. Additional Statewide Planning Goals
The Applicants correctly note that the plan amendments must comply with Oregon’s Statewide Planning Goals under ORS 197.175(2)(A).104 The Applicants bear the burden of proof in demonstrating that proposed Goal 18 exemption complies with all the applicable criteria and standards. The Planning Commission’s recommendation to approve the proposed plan amendment must either explain why the amendment is consistent with the Goals or adopt findings explaining why the Goal is not applicable. Most relevant here and as discussed above, the Applications do not comply with Goal 2’s exception process requirements or Goal 18’s implementation requirement 5.
101 Relevant portions of this provision are: Plan § 1.0175 Recreation Policies *** "(6) Proposed oceanfront developments shall dedicate areas for public beach accesses in low bank areas consistent with county standards. *** "(9) Lincoln County shall diversify recreation opportunities within the County and shall include opportunities and facilities for the physically handicapped where appropriate. *** "(15) Lincoln County shall encourage outdoor recreation activities which are compatible with the primary land uses." 102 LCC 1.1310 Residential Zone R-1 “In an R-1 zone, the following regulations shall apply: (1) Uses Permitted Outright: The following uses and their accessory uses are permitted subject to the applicable provisions of LCC 1.1401 to 1.1499, 1.1501 to 1.1599 and 1.1901 to 1.1999 * * * (e) Beach front protective structures.” 103 LCC 1.1252 Notice of Exception to Statewide Planning Goals “Actions involving the consideration of exceptions to the Statewide Planning Goals shall be subject to the notice and hearing requirements of LCC 1.1250 and 1.1255. In addition, the required notice of public hearing shall specifically note the exceptions to be considered and shall summarize the issues in an understandable manner.” 104 ORS 197.175 – Cities’ and counties’ planning responsibilities.
26 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
The Applicants assert that Goals 1, 2, 6, 7, 8, 9, 10, 13, 17, and 18 are applicable to this request and state that the Applications comply with the substance of all applicable goals. Applicants also state Goals 3, 4, 5, 11, 12, 14, 15, 16, and 19 are not applicable in this case and Oregon Shores does not challenge this. Should this matter become germane to the present applications, Oregon Shores will provide additional, specific comment on the Goals as appropriate and allowed. General comments are provided for the purposes of clarity and preservation.
Oregon Shores previously demonstrated in Section II(a) of this comment how Applicants fail to comply with Goals 7, 8, 9, 10, 17 and 18.105 Regarding the Applicants’ brief mention and explanation of their compliance with Goals 1, 2, 6, and 13, Oregon Shores asserts that the Applicants fail to properly demonstrate compliance with the policies of these goals and thus their request should be denied.
V. General Comments
Oregon Shores provides the following general comments for the purposes of clarity and preservation.
A. The Lincoln Avenue Homes Are Not “Developed” Properties Under Goal 18, as Mentioned in the Lincoln Avenue Homes Supplemental Narrative and Any Shore Hardening Requires a Goal 18 Exception.
Despite the Applicants’ admissions106 and Planning Commission’s prior determination denying the Lincoln Avenue homes a building permit for a protective structure and the county’s well-reasoned determination107 that these Properties were not developed prior to January 1, 1977 and thus ineligible properties, Lincoln Avenue’s Supplemental Analysis asserts otherwise.108 Oregon Shores incorporates by reference the analysis of the Staff Report on 01-MISC-ADM-21 explaining why the Lincoln Avenue homes are not eligible for SPS.
B. The Applicants fail to establish that the Lincoln Avenue Homes were previously approved for fill and riprap in the proposed exception areas by either the County or OPRD.
The Applicants assert, absent meaningful support or analysis, that at various points the County and OPRD approved requests for “fill and riprap” for the Lincoln Avenue Homes. As noted above, building permits for the proposed structure, as well as OPRD emergency permits for the same, were recently denied due to the subject properties being ineligible under Goal 18, IR 5 date-certain requirement.
105 Section II(A), supra at 9–12. 106 See Combined Narrative at 25 (“County staff has communicated to the Applicants that the Properties were not developed before January 1, 1977, and thus currently appear ineligible to construct protective structures under Goal 18 and the Plan. Accordingly, the Applications seek County adoption of Goal 18 exceptions for the Properties[.]”). 107 See generally Staff Report on 01-MISC-ADM-21. 108 See Supplemental Narrative - Lincoln Avenue Homes (03-LUPC-21) at 4–11.
27 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
C. None of the properties at issue are within an area subject to a “built” or “developed” exception to Goal 18, Implementation Requirement 2.
The Applicants assert, absent meaningful support or analysis, that the Lincoln Avenue Homes are eligible for shoreline protection under the Goal 18, IR 5 “[b]ecause they are a Built and Committed Exception Area.”109 To the contrary, the County has taken no such exception for the Lincoln Avenue Homes in either the LCCP or the LCC, and the Applicants’ do not argue otherwise. As noted by the 01-MISC-ADMIN-21 Staff Report and Staff Report for these Applications, the Lincoln Avenue Homes are not subject to an approved exception to Goal 18, implementation requirement (2).
Goal 18, implementation requirement (IR) 2 is implemented by LCC 1.1930 (3)(a). As set forth in this standard, exceptions to the development prohibitions of IR 2 are authorized only for the Alsea and Siletz sand spits. The subject property is not located within either of these sand spit exception areas and is therefore not subject to the county’s acknowledged exceptions to Goal 18, IR 2.
Finally, LCC 1.0105 (4) otherwise allows beach front protective structures “... where an exception to Goal 18, implementation requirement 5 has been adopted as part of the comprehensive plan.” As set forth in the Lincoln County Comprehensive Plan Exceptions Paper, as amended, no exceptions to Statewide Planning Goal 18, implementation requirement 5 have been adopted for any property in Lincoln County.110
None of the properties subject to these combined Applications are included in the adopted Goal 18, IR 2 exception areas on the Alsea and Siletz sand spits, let alone the Lincoln Avenue Home sites. Further, none of these properties are within an area subject to an existing Goal 18, IR 5 exception of any type, as none have been adopted in Lincoln County. The notion of an implied exception to Goal 18, as the Applicants appear suggest, is not supported by law. A goal exception is an affirmative act that is incorporated into a comprehensive plan, and is limited in applicability to specific properties or situations and “does not establish a planning or zoning policy of general applicability.”111
Per Oregon Shores’ review, neither the applicable criteria set forth in the County’s Staff Report for this matter nor the Application materials (including the Combined and Supplemental Narratives) indicate that the Applicants intend to advance a justification for either a “developed” or “committed” exception to Goal 18 to allow the proposed SPS for any of the properties at issue in this matter. Both the developed (or built) and committed avenues for a goal exception require a rigorous burden of proof and analysis pursuant to ORS 197.732(2)(a) and ORS 197.732(2)(b), respectively, and their implementing rules. A mere assertion that the subject segment of Gleneden/Lincoln Beach is “irrevocably degraded from sand generation and ecological perspectives,” fails to justify either a built or committed exception.112 Case law notes that the standard for approval of a physically developed (i.e., “built”) and a committed exception is
109 Supplemental Narrative - Lincoln Avenue Homes (03-LUPC-21) at 6–7. 110 01-MISC-ADMIN-21 Staff Report at 3; 01-LUPC-21 et. seq. Staff Report at 4. 111 ORS 197.732(1)(b)(A). 112 June 3, 2021 Supplemental Narrative at 1.
28 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
“demanding.”113 The Application materials fail to meet the high burden of proof required by either of these criteria.
D. Even assuming that Lincoln County approves the exception, further permits will likely be required for lawful development of the proposed SPS structure.
DLCD’s comment for this matter expressed several key concerns related to additional permitting required for the proposal at issue, and recommended against the County adopting the Applicants’ assertions related to additional permitting in its finding. These include:
• While the applicants acknowledge they will need an ocean shore alteration permit from Oregon Parks and Recreation Department (OPRD) for the ultimate design and construction of a beachfront protective structure, they are presumptive in asserting that OPRD will approve a permit and the design as currently presented. (p. 47 of 3/18/21 Narrative Statement) • The applicants do not need any permits from DLCD. (p. 58 of 3/18/21 Narrative Statement) • This application request is a foundation for a series of future applications from OPRD and Lincoln County for the permitting of a BPS, none of which are guaranteed at this stage of the process.114
E. The Applicants fail to provide sufficient analysis for their contention that denial of these applications and Goal 18 prohibitions would constitute a constitutional violation and a taking impacting private property rights.
As discussed above, the Applicants fail to demonstrate compliance with the applicable legal criteria for an exception. Seeming to understand that shortcoming, they include what appears to be a threat to sue the County for “takings” should their application be denied. This argument is not relevant to the question of whether the Applications meet the legal requirements for a Goal 18 exception. To the extent that the County chooses to address this argument, it should disregard the Applicants’ claim. The Applicants rely on cases where government action physically occupies a property, or government action excludes an occupier from possession and use of a space. See e.g., Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 427–29 (1982) (explaining the difference between a successful constitutional taking challenge to a permanent physical occupation of real property versus an unsuccessful constitutional taking challenge for temporary invasion of property). In this instance, the County properly interpreting state law to deny the Applicants request to build structures on public beach would not equate to the government’s physical occupation or invasion of private property, or the complete loss of use of the property.
113 Sandgren v. Clackamas County, 29 Or LUBA 454, 457 (1995). 114 DLCD comment, 5.
29 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
The real issue is the taking and impacts to the public’s beach. As a property and public law matter, the ownership and use of beaches in Oregon is unquestioned.115 The State of Oregon owns and manages the dry sand beach in the public interest, the use of which is preserved now and forever for free and uninterrupted public use.116 Access to the public’s beach is protected under the Beach Bill, Goal 17, Goal 18, and their implementing regulations.117 County land use planning within beach and dune areas such as the one at issue must carefully consider impacts to the public’s use and access of the beach, and ensure all decision-making is consistent with the legislature’s paramount policy as set forth within the Beach Bill at ORS 390.610. This is of particular concern with the Gleneden Beach Wayside, a coastal public park that is ineligible for SPS and situated between the properties for which the goal exception is sought. This public beach area and park will likely be irreparably harmed by flank erosion as the result of the addition of the proposed SPS structures alongside the shore fronting the subject properties. The Application materials fail to address impacts to this important point of public beach access and recreation, and such information should be provided for public review prior to any final decision in this matter.
IV. Climate Change and Cumulative Impacts
Per Oregon Shores’ review, the Applications fail to provide any meaningful discussion of how the proposed project may affect, exacerbate, and perform under known and present climate change impacts. The most detrimental effect of shoreline protection structures is passive erosion. When a hard structure is built along a shoreline that is already undergoing long-term net erosion, as is natural for beaches, the shoreline will eventually and naturally migrate landward, behind the structure. The end result is that the beach in front of the SPS is gradually lost as the water deepens, and the natural shoreline migrates landward. As sea levels continue to rise, this beach loss will accelerate, and the public’s beach will drown. Similarly, the Applications offer little assessment of the long-term, cumulative impacts of additional armoring to the littoral cell, inconsistent with OAR 660-004-0020(2)(d).
Oregon’s new Climate Change Adaptation Framework (“CCAF”) and Climate Equity Blueprint (“CEB”) make it clear that local governments are responsible to address the climate crisis in a way that prioritizes climate resilience (i.e., adaptation and mitigation).118 This means the County must avoid piecemeal decision-making that exacerbates climate impacts on the public’s use and enjoyment of our ocean shores and interferes with climate adaptative planning (which would, at the minimum, require an assessment of whether impacted upland structures
115 Sullivan at 136; The wet-sand area of the beach is in public ownership, and the dry-sand area is subject to a prescriptive use by the public through the doctrine of custom. Thornton v. Hay, 254 Or 584, 595–596, 462 P2d 671 (1969); Stevens v. City of Cannon Beach, 317 Or 131, 854 P2d 449 (1993). 116 Birthright, vii. 117 See ORS 390.630; ORS 390.632. See, e.g., OAR 736-020-0001 (2017) (requiring permits for significant activity along Oregon’s ocean shores, an essential perquisite for the assertion of public ownership); OAR 660-015-0010(2) (providing increased public access). 118 DLCD, 2021 Or. CCAF and CEB, (Jan. 19, 2021), available at https://www.oregon.gov/lcd/CL/Pages/Adaptation-Framework.aspx?utm_medium=email&utm_source=govdelivery. PDF available at: https://www.oregon.gov/lcd/CL/Documents/2021_CLIMATE_CHANGE_ADAPTATION_FRAMEWORKandBlue print.pdf.
30 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21 could be moved east to protect the public’s interest in the shore). Instead of allowing the proliferation of SPS to protect short-term private interests, the County needs to get in front of the climate crisis and make decisions on the basis of present and increasing climate risks, rather than accepting maladaptive land use proposals such as the one at issue. The presumption should be against proposals for hardened SPS, which encourage maladaptive development in high-risk coastal areas and destroy the public’s long-term interest in the beach. Instead, the County must begin prioritizing climate adaptive solutions, such as relocating threatened structures, and protecting the public’s beach consistent with the policy contained within ORS 390.610 and Goal 18.
V. Conclusion
Oregon Shores believes a broader policy change is needed to adequately address coastal development issues in light of our improved understanding of the dynamic forces bearing on Oregon’s coast and the manner in which our coastal landscapes are responding to climate change. Given the increases in storm surge and wave height we are already experiencing on the Oregon coast, and given what we know of further predicted changes resulting from long-term climate change and cyclical climatic events such as El Niño, these requests for protective structures permits are likely to increase. Allowing installation of hardened structures along the shore, which can deprive the beach of a sand source that may help to mitigate the progressive loss of sand from Oregon’s bluff-backed shorelines due to increasing erosion, does not protect the public’s interest in the beach as the County is required to do. Further, allowing the installation of protective structures exacerbates the risks to public health and safety as well as to shorefront properties by encouraging investment in shorefront protection rather than incentivizing movement away from shoreline areas and coastal hazards. The result is prioritizing the protection of private property in the short-term to the detriment of the public’s long-term interest in preserving the beach, inconsistent with the Oregon Beach Bill and Goal 18. In the long run, armoring the ocean shore will prove futile against sea level rise and erosion. In the meantime, significant practical and policy questions arise in light of the effects of rising sea level on the ocean shore.
The upland structures at the properties subject to this Goal 18 exception request exemplifies the sort of maladaptive development that Oregon’s Beach Bill and Goal 18 were adopted to prevent. Natural processes of erosion occur along the full length of the Northwest coast, but they are most dramatic—and have been known to do the most damage to property—on sand spits.119 Each of the upland structures for which the exception was sought were built between the 1980s to the early 2000s, ignoring best practices on setbacks and disregarding the Gleneden Beach area’s known susceptibility to erosion and despite the stated policy underlying the Beach Bill, the Department’s SPS permitting rules, and Goal 18 disfavoring hardened structures. It is a prime example of how lax implementation of statute and policy is causing behavior inconsistent with Oregon’s legislative declaration of intent to protect the public’s interest in the beach. Oregon Shores strongly believes that the County needs to get in front of this crisis and make decisions on the basis of present and increasing risks, consistent with the principles of Goal 18 and ORS 390.610.
119 Komar, 93.
31 Oregon Shores Conservation Coalition Public Hearing Comment for Lincoln County Files 01-LUPC-21, 02-LUPC-21, 03-LUPC-21
The Applications fail to demonstrate reasons justifying an exception to Goal 18. On the basis of the present record, the Planning Commission should recommend denial of these Applications.
Sincerely,
Phillip Johnson Executive Director Oregon Shores Conservation Coalition P.O. Box 33 Seal Rock, OR 97376 (503) 754-9303 [email protected]
Encls.
32
Case File: 01-MISC-ADM-21 STAFF REPORT Date Filed: March 30, 2021 Lincoln County Planning Department Decision Date: April 15, 2021 Building Permit Review (Administrative Action) Appeal Date: May 3, 2021
APPLICANT(S): PLI Systems, Inc., for Ed and Joan Tanabe, Richard and Sally Grant, Shari Kain, and Terry DeSylvia
AGENT(S): Wendie Kellington, Kellington Law Group, PC
SUMMARY APPLICANT REQUEST: The applicants are requesting building permit authorization for the placement of a beach front protective structure.
SUMMARY OF PROCEDURE: This request is subject to review in accordance with the provisions of LCC 1.1210. The request is for a development of land, the review of which requires the exercise of discretion, specifically in the interpretation and application of the provisions of LCC 1.0105 (4). Therefore, the subject request is a permit as defined in ORS 215.402 (4), and therefore must be reviewed in accordance with the procedure set forth in LCC 1.1210 (2).
A. REPORT OF FACTS
1. Lot Size: The subject property consists of four subdivided lots totaling approximately 1.66 acres.
2. Property Location: The subject property is located at 4825, 4815, 4805, and 4755 Lincoln Avenue, and is further identified on Lincoln County Assessor's map 08-11-21-CD as tax lots 15100, 15000, 14900 and 14800.
3. Zoning Designation: R-1, Single Family Residential.
4. Plan Designation: Suburban Residential, Rural Community Center.
5. Surrounding Land Use: The surrounding land uses are primarily single-family residences. A recreational vehicle park is located on a parcel just to the north of the subject neighborhood.
6. Topography/Vegetation: The subject property is a residential lot, the developed portion of which is level and residentially landscaped. The western edge of the property is a near vertical bluff face that fronts on the ocean beach.
7. Existing Structures: Each subdivided lot is developed with a single-family dwelling as follows: Tax Lot 15100, constructed in 2002, approximately 3,216 square feet; Tax Lot 15000, constructed 1990, approximately 3,358 square feet; Tax Lot 14900, constructed 1994, approximately 4,037 square feet; and, Tax Lot 14800, constructed 1993, approximately 3,032 square feet. Case File 01-MISC-ADM-21 Tanabe, Grant, Kain, DeSylvia
8. Utilities: The following utilities are proposed to serve the subject property: a. Sewer: Sanitary sewer (KLGB Sanitary District) b. Water: Community water (KLGB Water District) c. Electricity: Central Lincoln PUD
9. Development Constraints: The property is identified as subject to shoreline recession.
B. EVALUATION OF THE REQUEST
1. Agency Comments: None solicited.
2. Applicable Criteria The following provisions of Lincoln County Code (LCC) Chapter 1 apply to the review of this request:1:
LCC 1.1310 (1)(e), Uses permitted Outright in Residential zone R-1
Beach front protective structures are listed in the R-1 zone as a use permitted outright subject to other applicable requirements of the chapter. LCC 1.1310 (1)(e).
LLC 1.0105 (4), Comprehensive Plan Policies for Beaches and Dunes: Beachfront protective structures may be permitted only where development existed on January 1, 1977, unless an exception to Statewide Planning Goal 18, implementation requirement 5, has been adopted as part of the comprehensive plan.
Analysis of compliance with this plan policy requires a determination as to whether the subject property is an area where “development” existed on January 1, 1977. For purposes of LCC 1.0105 (4), the Lincoln County Comprehensive Plan does not set forth a definition of “development”. Because LCC 1.0105 (4) implements provisions of Goal 18, the county may not interpret or apply LCC 1.0105 (4) in a manner contrary to the requirements of Goal 18. ORS 197.829 (1)(d). Therefore, to ensure conformance with Goal 18, for purposes of this decision the county employs the definition of “development” set forth in Goal 18 that was in effect on the date this application was filed:
DEVELOPMENT: Means houses, commercial and industrial buildings, and vacant subdivision lots which are physically improved through construction of streets and provision of utilities to the lot, and includes areas where an exception to [Goal 18 implementation requirement] (2) above has been approved.
Based on this definition, to for development to have existed that would permit the placement of a beach front protective structure, an affirmative determination is required that at least one of
1 LCC citations are in italic text, staff comments are in bold text, and staff citations, quotes or other references are in bolded italic text. Page - 2 Case File 01-MISC-ADM-21 Tanabe, Grant, Kain, DeSylvia
the following factual situations is true: (1) houses, commercial and industrial buildings were present on January 1, 1977; (2) the property in question was a vacant subdivision lot with streets and utilities present on January 1, 1977; or (3) the property is subject to an approved exception to Goal 18, implementation requirement (2).
No houses or buildings were present on January 1, 1977. Based on the applicant’s statements and review of aerial imagery and Lincoln County building permit records, no houses, commercial or industrial buildings existed on the subject property on January 1, 1977.
The subject property was not a vacant subdivision lot on January 1, 1977. The subject property was previously within the plat of Cummings Addition2 subdivision which was recorded on July 6, 1948. Cummings Addition plat was vacated by order of the Lincoln County Board of Commissioners on December 11, 19513. The subject property is currently described as Lots 1, 2, 3 and 4, Block 3, Pacific Panorama Subdivision. According to the records of the Lincoln County Clerk, the plat for Pacific Panorama Subdivision4 was recorded on December 11, 1978. According to the records of the Lincoln County Clerk and the Lincoln County Assessor, the subject property was not within or a part of any subdivision plat between the dates of December 11, 1951 and December 11, 1978. Therefore, on January 1, 1977 the subject property was not a vacant subdivision lot under Oregon subdivision law (ORS Chapter 92).
The subject property is not subject to an approved exception to Goal 18, implementation requirement (2). Goal 18, implementation requirement (IR) 2 is implemented by LCC 1.1930 (3)(a). As set forth in this standard, exceptions to the development prohibitions of IR 2 are authorized only for the Alsea and Siletz sand spits. The subject property is not located within either of these sand spit exception areas and is therefore not subject to the county’s acknowledged exceptions to Goal 18, IR 2.
Finally, LCC 1.0105 (4) otherwise allows beach front protective structures “… where an exception to Goal 18, implementation requirement 5 has been adopted as part of the comprehensive plan.” As set forth in the Lincoln County Comprehensive Plan Exceptions Paper, as amended, no exceptions to Statewide Planning Goal 18, implementation requirement 5 have been adopted for any property in Lincoln County.
C. CONCLUSION
Based upon the preceding facts and analysis set forth in this staff report, the Lincoln County Planning Division concludes that development did not exist on the subject property on January 1, 1977, and also that the subject property is not subject to an acknowledged exception to Statewide Planning Goal 18,
2 Exhibit A – Cummings Addition Plat 3 Exhibit B – Lincoln County Order 4 Exhibit C – Pacific Panorama Subdivision Plat Page - 3 Case File 01-MISC-ADM-21 Tanabe, Grant, Kain, DeSylvia implementation requirement 5. Therefore, the proposed beachfront protective structure may not be permitted pursuant to LCC 1.0105 (4).
Accordingly, the requested building permit authorization is denied based on failure to comply with the applicable requirements of LCC Chapter 1.
This decision becomes final on Monday, May 3, 2021. unless appealed by the applicants or other interested party.
Submitted by:
Onno Husing Lincoln County Planning Director LINCOLN COUNTY PLANNING AND DEVELOPMENT
ATTACHED Exhibit A: Cummings Addition Subdivision Plat Exhibit B: Lincoln County Order Exhibit C: Pacific Panorama Subdivision Plat
Page - 4 Dept. of Land Conservation and Development Updated March 2, 2021
Goal 18: Beaches and Dunes Implementation Requirement #5: Decision-making summary
Property: 08-11-21-CD-15000-00
Address: 4815 Lincoln Ave, Lincoln Beach, OR
Owner: Richard Grant
Location: Lincoln Beach area, north of Searidge Condos
Determination: Ineligible for Beachfront Protective Structure (BPS)
Process of Determination: 1) Using 1977 Aerial imagery from the Army Corps of Engineers, was there qualifying development (residential, commercial, or industrial buildings) on the tax lot? No 2) Was the lot part of a statutory subdivision? Yes, Cummins Addition, approved in July 1948. However, the subdivision was then officially vacated on December 11, 1951. The vacation order, which is on file in Lincoln County, references that there were no improvements to the site at the time of vacation (e.g. no roads and no utilities). Therefore, on January 1, 1977, there was no eligible development on this site and it was not part of a statutory subdivision. The lot is now part of another subdivision, known as Pacific Panorama, which was approved in December 1978. 3) Determination = Not eligible for beachfront protection. 4) Current home was built in 1990. F! JJ n " z i> LJ
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�I r.:""v "• )' . -:"?·)'.',: :· i .•, ,<.. ·_ . . '.'\·;: . ';:,Tl,1T!'ti: l;_OU}!'l':1 C'CiiHT .OF''T!o::s':'Nrin.�y- GRF."-oj-)t;i' ( 1.r:'. � •,, .•.. · , . : · . :\;·r; �j;,�- • -� ·· , -.:\•.... ,:, 'l c;�tl qi, t,rfi ·_. ,,·:· . _In 'L�ec!,!atter of the 'ta�atiori · t. t ·or,:> ·, 0 RD 13: !l CUJ!l,/.TNIJE ADDITION�
,II Ntm at thiF ti:;e the above entitled matter crune on
= or . nd � .J,&arinp:, !lpon ,Uie.. Petition o� J.rt CW!rningf' and fia \i. Cu�i;g;;,a- IT Af�A rrnr, 1'0 Tl-JS COOllT that a duly ver'ified PetiJJ;m ·-· --;--- ,I • ...... ·as.R"�fo·r the .vz:cll"tion and Pnnulment of the rluly and re[1Ularly plated
Tow-ri11it'l of (Ulll'linfs :hddi�j_on wit.hir. Linc oln County, Cre;t0n, was .filed 1 . ·with the cou-nty· rlerk o: Lincoln County, ◊re iron, dn :the 30th day of . -, Oc-toNir, ,19'1; that ther!1.. r-te� ilnd on t"ie JOV-, •"ay cf Oc�hcr, !95lr the County rou ,-� cf Lin('ol r. r:,unty, Orepon, caused notice to be riven-· of t endchc of _ ![aid l'e'titiol" a."ld' t:ie h9arinr ther!'!'liil�which �ld . � i _ �· _,notice !N'rti c.1l.,.1· l y set forl.l, t.'le time and place of hearinr; -;!_- .�• .... �:,at�-!: arpears by the Af:'5.davit of Arl r-=inrs, that
he po�tod ti:ree cop:i£s o� �-:i.id notice in the t?hre� .--cost ,ru.blic and 0 '·"t:6i'i$pfc;uo�,-pla6eD in sair' r,_,:,rnt,i;-� J.ddition, · more than thirtJ� (30)
-·•, _;,.� rt:O:�:��� ioirveninr of the '.lecer:il'er,, 19Sl, term of. the al:>ove �.:;: �:,,� _ · · · ·'···· '.. · "1!1)titl;a;,cOU1"t and the date of. this hearin?J
• TT >1_: 1~rc;-> A ,:,r,c, A"H'� m') "'"" CO'�T, That no. objection
has been�filed or ,:iacte to _+,he rr,mtinR· -:if said 1'et1-tion; and .... - IT"Fl:�'l'lft'TCA.P?"'A".INr. TO. r.r,;: ('OJRT, ThaLcumniinrs 'Addition is a' d:.1ly &r\(l. repu l�ly plated ·'fawns.He within Lin� olri County, �t.'.:;_� �- ... , . --�:- :· . -�-----:-:-.- ., .. � ...... �...... - -· .-.....-.,.:.- · •. ".lfi>••an.,m-re--not ,wi _thf'n an incorporated City or Tcr.m. That ilie plat and d·ed"i"c'at.iori· of ·.said TOl'{llsite- is on file in thi, office of t:,e county Jl.erk i �---· -.�...... _ ·-·�---··· of L:llico!ntl\lnty; O�n°.,.!irJd was filed on the 6th day of July, 1948 anrl "I'.(lceirded ·on pa�. �0-of Vo�ume 8 Rec�ros of Plats for·Lincoln County, -· --�
prior tci. the piat1.ing· of !!aid 1'-bwnsite_, the Said lruids .14. - That: ( . - . . . -.. . . _ ,.�:.� .e?ilb;�qe_i,�.��in lrel:a�j,peci'°as fol¾Qffi;1 . .. . � "�---··
·. . . . . �-- •·. I �- . ·. ·-· - ::...... � �--· ·-·-· --� . �
'. -· --�- ·,.• ...... ;._-·-· ·-:--•-· · . ·�·- �-·,· i� ..� .. ."\::... _ - .... ." J _ --·-,;...... J'. . . · .. ·. ;-.·I ·') _,. "j�. ·--• CA. f :. : .. 4-. 33.ll- 0"1 •,.: ·• • • _":'.,- \'•' '-. '� ;.· , -.; ·. ';,>, �· .. � . ', :. • e>} '::. . 1 > .� · ; -. .'.. '.:' . ',. .· .,,., ,;· : '.: -� · , . , · · . t . o � . ·• 'BegiJin¥g,.,t.'•t]i ed.n;!.t:1:al), int i>f.:,t¥ aa '• Townsite whioh. '· · · · ¥, 01'. ' , o orru!i- :_'.·•·:··.:·,· . · ·'.. is· d19scrtlied· 'a"ir be :l.hg the. ,N rt)l,arl 1o tqe ·pl.at. of . ..:·,,rt:< � :'·,·.:._·:···.···• . .· . .. . �. . • on,Jllli9. 29" of.Jo� .,...:.-. '·:,' l'leabrease' .riled .Juris J, 1946 ·an,1 •i;-eoor-dfl(i · ···,:. 8 .Reoords.;of· Plats for Lincoln .Com'Ey, Oregon and furtber. · des11rlbed•a11.b11ing )81.47 feet west and North 21• 19• JQii East'.·.1059.53 .teat from th& -Quarter section corner between .seotions·21 anq 28 in Tmmahip 8 sooth of Range 11 west of tae· Willamette·Meridian thence along the 1\'e·ster:13 right of · _._, · ., ·. �:.line of .Oregtin coast Higlnrq as relocated North 21� l,9• ,. JOit EQ't·J,4.25 feet thence Welit 1264.14 fee-t.·to high water line ot ·the:Pacific Ocean theilee along the q,j.gh water line Sruth 5• 25�· iept Jjl.48 feet to the North fine of the plat of Seabreeze; thence along the North line of tpe plat of Se.abreeze Eat ll66.6o feet to the · point of beg1rurlng.
That the said lsnis 1n said TOlffllli� proposed to be vacated
c:ompnaese'.oae contipp.c;us tract.
. That said• '1'QlrDS1t4 as platted·and dedicated includes three
•. •b:t,.cicks �be%'11d :t; 2 and j..rei!lpecti�. · Bloc;k l c011taining 22 lots <�redl. to 22 ��·�uaiTIIJ Block.2 containing 23 lot., l!Wlbered l. . to 23 both incluai�f .iii-Bl.Ock J containing 6 lots 11211herad i to 6 both
inclusive and at.nets and ·.;u.:,s·as t.ollan1 Lincoln ,l-qme Pi.ci!icillrm An � .allq That yoiir, piltitionars herein are the sole an:i only owners
i>!aii�o.t 1;11� io�:'i.Di p�opertr in 11aj,d .TomaiteJ that· none of the streets
hatt • • -·.11'& ·."·:·iiaid TOIIDllite� . ·-·.' be�n �Nf911, op;,n to tranl or traveled by the i.,;, . pllhiic' at CJT:"t.ime�ince the d&dioatiOil of Hid 'l'Qlmsite, in.19481 that
.....no ·o� pe!rllon. oirns or•has·&JV.'�ht, ·title- or·intere11t in ar to aey of the lsndit iii� said T�ite.
That your· petitioners desire that the s·aid Totrnsite or
cwmiings. Addition ,as, here�ilbove d·escribed be vacated .and anajl.ed for the . 1'1!ason that the. . lil,id- 1111br•�ed. therein.,is not suitable for building lands
. an:i• that tbei'e. 111 no. deman:i for ·the said land as llUbdivided into lots and · . · blocks u 1111.d i:llt. and dedicated 1,n said· Townsite1 that the •aid land due ti>;its lpc.tilal,:.terrain has DO particular "fUlle as laid . . .. •.•. . . . ciut and. dedicatedIii .'and wOllld .ltsve· 111ore value. 1.r re11to� to acreage and 1111bdivided into larger t.racts t.bat tile 11tree:9 as dedicated 1n said do not ormect nth l �Jt � o &I\Y street � aDT city or town or ther townsite; that there are no 1m..
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These are highly dynamic places; sand and gravel are moved by wind, waves, and currents. They serve as buffers between the energy of the ocean and the land. Beaches and dunes also provide the public with recreational opportunities and draw scores of visitors to Oregon each year. Statewide Planning Goal 18 focuses on conserving and protecting Oregon's beach and dune resources, and on recognizing and reducing exposure to hazards in this dynamic, sometime quickly changing environment. Goal 18 is central to the work of coastal communities in addressing the impacts of coastal hazards and climate change in areas along the ocean shore. Local governments are required to inventory beaches and dunes and describe the stability, movement, groundwater resources, hazards and values of the beach, dune, and interdune areas. Local governments must then apply appropriate beach and dune policies for use in these areas. Goal 18 includes some requirements are of particular importance: Prohibition Areas The goal prohibits development on the most sensitive and hazardous landforms in the beach and dune about:reader?url=https://www.oregon.gov/lcd/OP/Pages/Goal-18.aspx 1 of 2 Department of Land Conservation and Development : Goal 18: Beac... 6/2/21, 11:53 PM environment, including beaches, active foredunes and other dune areas subject to severe erosion or flooding. This requirement has been instrumental in preventing inappropriate development on these critical landforms. Shoreline Armoring The goal limits the placement of beachfront protective structures (i.e. shoreline armoring such as riprap and seawalls) to those areas where development existed prior to 1977. This policy effectively places a cap on the amount of ocean shore that may be hardened, and thus limits the cumulative impacts of such hardening. Shoreline armoring can cause scouring and lowering of the beach profile, which can result over time in the loss of access to Oregon's public beaches. New development must account for shoreline erosion through non- structural approaches (e.g. increased setbacks). In the face of increased ocean erosion occurring in conjunction with climate change and sea level rise, limiting hard structures and allowing natural shoreline migration is a critical policy tool for conserving and maintaining Oregon’s ocean beaches. Dune Grading The goal specifies detailed requirements for foredune grading (lowering of the dunes for views). Such grading is permitted in limited circumstances in association with existing development. It must be based on a specific dune system management plan that prescribes standards for maintaining flood protection, maintaining overall system sand supply, and post-grading sand stabilization (e.g. planting of beach grass). There are currently six official dune management plans in place in Oregon. Ocean Shore Regulation Oregon's ocean beaches are managed by the Oregon Parks and Recreation Department (OPRD) which has an extensive permitting program for shoreline protection under ORS 390.605 – 390.770, also known as the "Beach Bill." OPRD regulates activities affecting the ocean shorelands west of the statutory vegetation line or the line of established vegetation, whichever is most landward. This includes beachfront protective structures, stairways, walkways, or other structures than encroach on the public beach. OPRD has incorporated the Oregon Department of State Lands authority to regulate removal and fill activities along the ocean shore under its permit program. Permitted activities must be consistent with the Statewide Planning Goals (especially Goal 18), local comprehensive plans, and with the OPRD Ocean Shores Management Plan. Original Adoption: 12/18/76; Effective: 6/7/77 Amended: 10/11/84; Effective: 10/19/84 Amended: 2/17/88; Effective: 3/31/88 Read the full text version of Goal 18 Administrative Rules that implement Goal 18: OAR 660-034 – State and Local Parks Planning OAR 660-035 – Federal Consistency Related: Coastal Goals Oregon Parks and Recreation Department Oregon Department of State Lands Ocean Shores Management Plan Goal 18: Pre-1977 Development Focus Group about:reader?url=https://www.oregon.gov/lcd/OP/Pages/Goal-18.aspx 2 of 2 The True Cost of Armoring the Beach 6/3/21, 3:17 PM sandiego.surfrider.org The True Cost of Armoring the Beach 8-10 minutes When you walk along San Diego beaches, you can often see coastal armoring (seawalls and riprap) along the cliffs and in front of beachfront properties. Even though armoring is commonplace, these structures are often built to protect private homes while whittling away at the public beaches we know and love. A stroll along Solana Beach’s armored cliffs credit: The Los Angeles Times Seawalls and rip rap narrow the public beach Seawalls are concrete structures that hold coastal cliffs back from natural erosion – an important source of beach sand – and riprap is made of loose rocks meant to lessen the impact of waves on coastal cliffs. about:reader?url=https://sandiego.surfrider.org/the-true-cost-of-armo... 1 of 6 The True Cost of Armoring the Beach 6/3/21, 3:17 PM Riprap at Torrey Pines State Beach Unfortunately, the benefits of seawalls and riprap are privatized, and the more our coast becomes armored, the faster we lose our walkable beaches (see Figure 1 below). Here’s a run down of how seawalls and rip rap take away the beach: Seawalls and riprap occupy beach space that would otherwise be enjoyed by the public. Their very presence reduces the width of our walkable beaches. For example, riprap can take up as much as 30 to 40 feet of beach width.1 Seawalls and riprap lock potential beach sand in place on the cliffs, removing an important source of natural sand replenishment for beaches. A natural coastline, where waves bounce off unarmored cliffs, would instead slowly contribute sand to the public beaches. With many of California’s rivers already dammed amidst the approaching threat of sea level rise, we cannot afford to cut off other sand supplies. The most detrimental effect of seawalls is passive erosion. When a hard structure is built along a shoreline that is already undergoing long-term net erosion, the shoreline will eventually and naturally migrate landward, behind the structure (Figures 1 and 2 below). The end result is the beach in front of the seawall or hard structure is gradually lost as the water deepens, and the natural shoreline migrates landward. As sea levels continue to rise, beach loss will accelerate, and beaches and reefs will drown. Figure 1. Landward migration of the beach with and without armoring. With armoring, the sand has nowhere to migrate to, and the beach eventually disappears due to passive erosion.2 Sand replenishment is an expensive, short-term bandaid about:reader?url=https://sandiego.surfrider.org/the-true-cost-of-armo... 2 of 6 The True Cost of Armoring the Beach 6/3/21, 3:17 PM Some coastal armoring advocates look to sand replenishment as a cure-all to armoring’s woes. However, pumping sand from the ocean or from other places onto the shore is difficult (the sand grain and size has to match each beach’s sand) and prohibitively expensive (replenishment costs millions, and has to be repeated over time). With so many beaches suffering from erosion, there isn’t enough sand for all the cities that want to artificially replenish their beaches. Placing sand on beaches can offset sand impeded by dams, groins and jetties. However, placing an excess of sand on beaches – especially those with reefs and seagrass – will destroy vital coastal resources, including surf breaks. Seawalls do NOT make beaches safer Some proponents of coastal armoring argue that seawalls add to public safety. However, the opposite is true: seawalls cause beaches to disappear over time. The narrower a beach becomes, the less safe space there is for the public to walk, run, or otherwise enjoy the beach.4 While seawalls may temporarily prevent lower bluff collapses at sea level, they won’t necessarily prevent upper bluff collapses. For example, the upper bluffs in North County San Diego consists of largely unconsolidated sediment and is known to be particularly unstable. If public safety is a genuine concern for unstable bluffs, one solution is to follow what ski resorts do when snow is unstable: avalanche control. Upper bluffs can be stabilized by triggering a collapse until the material is at a stable angle. This approach presents a choice between moving 1 row of houses back to accommodate stability, or destroying the beach below for visitors from 10,000 rows of houses in the name of preserving beachfront property. Development must be slated behind an adequate setback to ensure homes are safe from landslides. about:reader?url=https://sandiego.surfrider.org/the-true-cost-of-armo... 3 of 6 The True Cost of Armoring the Beach 6/3/21, 3:17 PM The unstable area can be excavated to ensure the remaining cliff is stabilized. This would often require homes to move slightly farther back from the minimum setback, but would ensure bluffs are stable and preserve the public beach. Armoring protects beachfront structures at the cost of the public beach The known costs of seawalls and riprap, combined with the downfalls of short-term fixes like sand replenishment, pose the question: “Who are these seawalls for?” Seawalls and riprap protect properties built at the edge of coastal cliffs or on the shoreline, but they don’t protect or preserve the public beaches. In fact, coastal armoring occupies public beach space and typically only benefits private property owners. As sea levels continue to rise, the public beach will be further destroyed through passive erosion losses. Armoring usually privatizes the benefits for coastal homeowners, while passing on the costs to the public. A surfer in front of a seawall in Carlsbad. photo credit: The San Diego Union Tribune There are better ways to protect and preserve public beaches Living shorelines can replace hard armoring with natural plants to reduce beach erosion in some areas, but they may be difficult to implement on bluff or cliff-backed beaches. about:reader?url=https://sandiego.surfrider.org/the-true-cost-of-armo... 4 of 6 The True Cost of Armoring the Beach 6/3/21, 3:17 PM Preserving and restoring wetlands and dunes can help preserve the existence of these fragile but important ecosystems, while also helping to reduce storm impact on coastal communities. If needed, unstable bluffs should have buffer zones in front. If the stability is of grave concern, avalanche control can occur to make the slope stable. Thoughtful coastal development is an important aspect of preserving the public beach for decades to come. Hard armoring would not be necessary if homes and buildings were not built so close to the cliffs and ocean, and future planning decisions will be critical in determining the fate of the beach. For example, when any development or redevelopment occurs next to the beaches, the buildings should be adequately set back far enough from the cliff edge to prevent a false need for a seawall.6 Beach erosion is an issue facing all Californians, as over 80% of the California coastline is eroding7. The narrower the beaches get, the less space we have to walk, run, surf, or enjoy this vital public resource. Beach- dwelling animals and wildlife are also impacted as their habitat disappears due to sea level rise and accelerated erosion8. California’s beloved public beaches are protected by law, but they continue to face threats to their very existence. The next time you surf or walk the beach, try looking at coastal armoring in a new light. Is armoring worth the cost of our public beach? The Cardiff Dunes Restoration Project is an example of a living shorelines project in Encinitas Citations 1 Garry Griggs, California’s Retreating Coastline: Where Do We Go From Here? (2005). 2 Cal. Coastal Comm’n, Handouts for Senate Budget Subcommittee 2, Coastal Climate Adaptation, 12 (Mar. 20, 2014), available at https://www.coastal.ca.gov/climate/Handouts_SenateSubcommittee2_Mar20.2014.pdf. 3 Hapke, Cheryl & Adams, Peter & Allan, J. & Ashton, Andrew & Griggs, Gary & Hampton, M. & Kelly, J. & Young, Adam. (2014). Chapter 9 The rock coast of the USA. Geological Society, London, Memoirs. 40. 137-154. 10.1144/M40.9. 4 STAFF RECOMMENDATION ON CITY OF SOLANA BEACH MAJOR AMENDMENT LCP-6-SOL-16-0020-1 for Commission Meeting of May 11, 2017 5 Johnsson, Mark. (2003). Establishing development setbacks from coastal bluffs – Briefing for the California Coastal Commission 6 CA Pub Res Code § 30253 (2016) 7 Living with the California Coast, (Gary B. Griggs & Lauret Savoy eds., Duke University Press, 1985); Gary B. Griggs, California’s Coastline: El Niño, Erosion and Protection, in California’s Coastal Natural Hazards: Santa about:reader?url=https://sandiego.surfrider.org/the-true-cost-of-armo... 5 of 6 The True Cost of Armoring the Beach 6/3/21, 3:17 PM Barbara, California, University of Southern California Sea Grant Program 36, 36-55 (L. Ewing & D. Sherman eds., 1998). 8 Hubbard, David. “Beach Inhabitants.” Explore Beaches, University of California, Santa Barbara, explorebeaches.msi.ucsb.edu/climate-change/beach-inhabitants. about:reader?url=https://sandiego.surfrider.org/the-true-cost-of-armo... 6 of 6 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM Shoreline Structures From Beachapedia Why We Should Care Seawalls, groins, jetties and other shoreline stabilization structures have had tremendous impacts on our nation's beaches. Shoreline structures are built to alter the effects of ocean waves, currents (/File:Dana_point_photo.jpg) and sand movement. They are usually built to "protect" buildings that were built on a beach that is losing sand. Sometimes they are built to redirect rivers and streams. Other times they are constructed to shelter boats in calm water. In many cases, seawalls, jetties, breakwaters and groins have caused down-coast erosion problems with associated costs that have greatly exceeded the construction cost of the structure. Every surfrider knows that there are groins and jetties that have incidentally improved wave riding. However, in many other areas shoreline construction has ruined wildlife habitat (http://www.baltimoresun.com/features/green/blog/bs-md-hardened-shoreline-20150916-story.html), destroyed surfing waves and caused beaches to erode. As beach lovers and environmentalists, we need to understand the consequences of shoreline structures so that we may be able to effectively influence decisions on the impacts, placement or necessity of these structures. As an environmental group committed to maintaining the natural shoreline and beach equilibrium, we are usually opposed to construction that will disrupt the balance of forces that shape our coastline. The Basics Erosion: Where Has All The Sand Gone? Every winter, the newspapers show pictures of (/File:Lifeguard_bldg_photo.jpg) oceanfront buildings falling into giant surf. Beaches are not static piles of sand. Ocean currents cause beaches to move constantly. Beach sand is primarily a product of the weathering of the land (such as natural erosion of coastal bluffs). Sand can also come from ocean organisms such as coral. However, most of the sand along the world's beaches comes from rivers and streams. When natural processes are interfered with, the natural supply of sand is interrupted and the beach changes shape or can disappear completely. Sand production stops when coral reefs die from pollution, when coastal bluffs are "armored" by sea walls and http://www.beachapedia.org/Shoreline_Structures 1 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM when rivers are dammed or channelized (lined with concrete) upstream for flood control and reservoir construction. The sand that collects behind upstream dams and reservoirs is often "mined" and sold for concrete production. It then never makes it to the beach. A public resource essential for our beaches is instead sold for private profit. In the face of eroding beaches, owners of beachfront property will often try to use their political influence to demand that "something be done." The intelligent action would be to move the building away from the ocean. Unfortunately, what has often been done in the past has been to armor the coastline with rocks, concrete and steel. This does not protect or maintain the beach - it only protects the buildings, temporarily. Millions of taxpayer dollars have been wasted subsidizing beachfront building. Federal flood insurance and expensive Army Corps of Engineer projects have done very little to make oceanfront buildings safe and have hastened beach erosion. In many cases, it would be more cost-effective for taxpayers to have the government buy the coastal property, condemn the buildings and allow the area to act as a buffer between the ocean and the remaining buildings. In urbanized areas with expensive real estate, a more cost effective and environmentally sound alternative to shoreline structures may be to periodically "nourish" the beach with sand. The Littoral Cell On the West Coast of the U.S., beach sand moves from river mouths to the beach. It then moves along the coast in the direction of prevailing currents and eventually it moves offshore. This sand transport system is called a littoral cell. When waves break at an angle to the shoreline, part of the wave's energy is directed along the shore. These "longshore currents" flow parallel to the shore. Surfers call this the "drift". This current will move sand along the shore and a beach will be formed. The same current that transports a surfer down the beach from the point of entry will also move beach sand down the shoreline. When this longshore current turns seaward, it is called a rip current. http://www.beachapedia.org/Shoreline_Structures 2 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM (/File:Littoral_cell.jpg) Some areas have underwater canyons near the beach. These submarine canyons were prehistoric river mouths. Sometimes the longshore current will be interrupted by one of these canyons. In this case, the sand is lost from the beach in water too deep to be returned to shore. The littoral cell system, from the river mouth to the underwater canyon, will always lose beach sand. If the sand supply from the river is cut off, the beach will lose sand causing the beach to become narrower. (/File:Canyons.jpg) On the East Coast of the U.S., the shore formed differently. Sand comes from the erosion of headlands, bluffs and cliffs. The underwater coast (continental shelf) of the east is broad and flat. East Coast beaches are generally wider. Barrier islands run along the coast. In contrast to the West Coast, submarine canyons are rarely near the beach and seldom act as conduits for sand loss. A notable exception is the Hudson Canyon at the southwest end of Long Island, New York. Sand that moves south here is lost down the canyon. On the East Coast, sand "loss" is primarily from the movement of barrier islands. Barrier islands naturally migrate landward due to sea level rise, but this migration is accelerated http://www.beachapedia.org/Shoreline_Structures 3 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM during storm events. Powerful hurricanes deposit sand inland by washing it over the dunes. Sometimes these storms will create strong currents that take sand too far offshore for it to return to the beach. The depth where sand is moved so far offshore that it cannot return is known as the "closure depth". The precise depth is under scientific debate and varies with time, wave and weather conditions. When humans try to interfere with the natural migration of barrier islands, it is usually at their long-term peril. Erosion is a process, not a problem. Beaches are dynamic and natural. Buildings, bridges and roads are static. The problem occurs when there is a static structure built on a dynamic, moving beach. If buildings and roads were not built close to the shore, we would not have to worry about shoreline structures or sand erosion, as beaches would simply migrate inland. Responses to Erosion Seawalls See the full article: Seawalls (/Seawalls) When coastal buildings or roads are threatened, (/File:Seawall_photo1.jpg) usually the first suggestion is to "harden" the coast with a seawall. Seawalls are structures built of concrete, wood, steel or boulders that run parallel to the beach at the land/water interface. They may also be called bulkheads or revetments. They are designed to protect structures by stopping the natural movement of sand by the waves. If the walls are maintained they may hold back the ocean temporarily. The construction of a seawall usually displaces the open beach that it is built upon. They also prevent the natural landward migration of an eroding beach. See this gallery of photos (http://picasaweb.google.com/santaaguila/Armoring#) of seawalls, revetments and other attempts at shoreline armoring from around the world. When waves hit a smooth, solid seawall, the wave is reflected back towards the ocean. This can make matters worse. The reflected wave (the backwash) takes beach sand with it. Both the beach and the surf may disappear. Seawalls can cause increased erosion in adjacent areas of the beach that do not have seawalls. This so- called "flanking erosion" takes place at the ends of seawalls. Wave energy can be reflected from a seawall sideways along the shore, causing coastal bluffs without protection to erode faster. When it is necessary to build a seawall, it should have a sloped (not vertical) face. Seawalls should also have pockets and grooves in them that will use up the energy of the waves instead of reflecting it. http://www.beachapedia.org/Shoreline_Structures 4 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM Usually the most cost-effective, environmental solution is to move the building away from danger. Building seawalls will buy time against natural processes, but it will not "solve the problem" of erosion by waves. (/File:Seawall_graphic.gif) Groins Groins (/Groin) are another example of a hard shoreline structure designed as so-called "permanent solution" to beach erosion. A groin is a shoreline structure that is perpendicular to the beach. It is usually made of large boulders, but it can be made of concrete, steel or wood. It is designed to interrupt and trap the longshore flow of sand. Sand builds up on one side of the groin (updrift accretion) at the expense of the other side (downdrift erosion). If the current direction is constant all year long, a groin "steals" sand that would normally be deposited on the downdrift end of the beach. The amount of sand on the beach stays the same. A groin merely transfers erosion from one place to another further down the beach. (/File:Groin.gif) http://www.beachapedia.org/Shoreline_Structures 5 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM Groins occasionally improve the shape of surfing waves by creating a rip current next to the rocks. The rip can be a hazard to swimmers. The rip can also divert beach sand onto offshore sand bars, thereby accelerating erosion. Groins can also ruin the surf. If the waves are reflected off the rocks, the waves may lose their shape and "close-out." As soon as one groin is built, property owners downdrift of it may start clamoring for the government to build groins to save "their" beach. Eventually, the beach may become lined with groins. Since no new sand is added to the system, groins simply "steal" sand from one part of the beach so that it will build up on another part. There will always be beach erosion downdrift of the last groin. Breakwaters A breakwater (/Breakwater) is a large pile of rocks built parallel to the shore. It is designed to block the waves and the surf. Some breakwaters are below the water's surface (a submerged breakwater). Breakwaters are usually built to provide calm waters for harbors and artificial marinas. Submerged breakwaters are built to reduce beach erosion. These may also be referred to as artificial "reefs." A breakwater can be offshore, underwater or connected to the land. As with groins and jetties, when the longshore current is interrupted, a breakwater will dramatically change the profile of the beach. Over time, sand will accumulate towards a breakwater. Downdrift sand will erode. A breakwater can cause millions of dollars in beach erosion in the decades after it is built. Beach Nourishment In recent years, the hard structures described above have fallen somewhat out of favor by communities due to the negative impacts we have discussed. Beach nourishment (or beach fill (/Beach_fill)) is becoming the favored "soft" alternative. Beach nourishment is simply depositing sand on the beach in order to widen it. Although paid for by all taxpayers, it is frequently undertaken to protect private oceanfront buildings. Occasionally the taxpaying public is refused access to beaches that they have paid to protect. Sand nourishment is a costly, temporary solution. The projects are not intended to have a long life span and must be renourished on a regular basis, creating a cycle that will go on until the money runs out or shorefront buildings are relocated. There are many considerations that must addressed when designing a nourishment project. If the grains of sand are not exactly the same size as that of the natural beach, the newly nourished beach may erode faster than the natural beach was eroding. Beach nourishment can cause bottom organisms and habitats to be smothered by "turbid" water that has sand and mud suspended in it. The shoreline is moved seaward into deeper water, causing the beach to drop off quickly, posing a hazard to swimmers. This may also impact the surf for a period of time, causing the waves to break as shore break, until the beach and sandbars can reestablish a level of equilibrium. http://www.beachapedia.org/Shoreline_Structures 6 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM Navigation Structures Harbors, Natural and Artificial On the West Coast of the U.S., artificial harbors have been constructed by building a series of breakwaters (/File:Harbor_photo1.jpg) and jetties. When an artificial harbor is built in an area that is subject to high-energy wave action, it will invariably interrupt the longshore flow of sand. This will cause serious downdrift erosion. Some harbor designs force the longshore current to make a 90-degree turn towards the ocean. This causes a large rip current that may carry sand offshore that might otherwise remain in the surf zone. This will have the effect of completely changing the shape of the ocean bottom. An artificial harbor mouth can act as a trap for the longshore sand transport causing it to clog up with sand, which makes costly periodic dredging projects necessary. (/File:Breakwaters.gif) http://www.beachapedia.org/Shoreline_Structures 7 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM Natural harbors, like San Francisco Bay, are protected from the ocean's fury but are still subject to tidal and wave energy. This causes water mixing and circulation. Stagnant artificial harbors are easily polluted by boating activities: paint, oil, grease, garbage and illegally dumped sewage. These wastes can poison the living creatures that swim in these waters. When the harbor is dredged, the sand and contaminated sediments cannot be returned to the beaches and must be disposed of in a safe place. Often, the sediments are dumped in deeper waters, poisoning the marine life food web. Some harbors have been built by dredging wetland areas. Wetlands are habitat for birds and marine life. They can also provide water storage capacity to prevent coastal flooding during rains. Wetlands are natural water filters that purify land run-off before it enters the ocean. Dredging a wetland to build a boat harbor should never be done. We have lost over half the wetlands in the U.S. to human development. In California, we have lost over 94% of our wetlands. Jetties Jetties (/Jetties) are large, man-made piles of boulders or concrete that are built on either side of a coastal inlet. Whereas groins are built to change the effects of beach erosion, jetties are built so that a channel to the ocean will stay open for navigation purposes. They are also built to prevent rivermouths and streams from meandering naturally. Jetties completely interrupt or redirect the longshore current. Just as a groin accumulates sand on the updrift side, so do jetties. The major difference is that jetties are usually longer than groins and therefore create larger updrift beaches at the expense of the smaller downdrift beaches. On East Coast barrier islands, ocean tidal inlets migrate naturally with the longshore current. A jetty system will permanently disrupt the equilibrium of the beach. This may seriously affect the tidal circulation and the health of the wetlands between the barrier islands and the mainland. Inlets with short jetties that don't quite reach the surf will clog up with sand. The sand must be dredged on a regular basis. A "sand by-passing" system may be built to pump sand around the jetties. The sand pumping may come from within the inlet or from the updrift beach. These methods are expensive and must be maintained indefinitely. http://www.beachapedia.org/Shoreline_Structures 8 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM (/File:Jetties.gif) What You Can Do Environmental Impacts Before a shoreline structure is built, the local community must be informed of its environmental impacts. The National Environmental Protection Act (NEPA) mandates that an Environmental Impact Statement (EIS) must be prepared to (/File:Hatteras.jpg) identify environmental impacts of the project. This document must spell out all effects that a new structure will have on the surrounding area. It is during the scoping of and subsequent public comment period of preparing an EIS that Surfrider Foundation activists can have the greatest impact on the proposed project. The EIS process allows activists to educate the public about the project's impacts on the environment. Written comments on the draft EIS are crucial for legal purposes. Oral comments at hearings are even more important because they are picked up in the media, which allows more of the public to become informed. Our goal is to make sure that the long-term effects and the true costs of the project are carefully spelled out for both the public and the decision-makers. If there are environmental impacts, the developer must provide ways to "mitigate" the damage. For instance, if the project will cause downcoast erosion, the developer may be required to install and maintain a sand replenishment system or promise to post a bond that will pay for periodic sand replenishment as long as the structure exists. This may be impractical. If there is wildlife habitat destroyed, the developer may be required to restore habitat on site if feasible. The Only Permanent Solution: Retreat from the Beach http://www.beachapedia.org/Shoreline_Structures 9 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM (/Managed_Retreat)! "Hard" shoreline structures have severe environmental impacts on the longshore current and the natural processes of beach sand distribution. "Soft" solutions like sand nourishment are expensive and temporary. Marinas should be built in natural harbors away from the energy of the waves. Building on our ocean's shore is not a good idea. NATURE WILL ALWAYS PREVAIL. Shoreline construction means that taxpayers pay the bills when the ocean behaves as expected. Whether it is fire department rescues, the Public Works Department placing sand bags, the police guarding vacant buildings from looters or the Army Corps of Engineers spending millions to "correct the problem," taxpayers are the ones who pay. Shoreline protection is, often, "welfare for the rich." Shoreline property owners frequently limit the public's access to the beach by refusing to let the public cross their property to get to the beach. Shoreline building also means habitat destruction. Birds, plants and animals that call coastal dunes and beaches their homes are slowly becoming extinct. As humans continue to overpopulate our coastal areas (and the planet) we will have to be more thoughtful about our relationship with the ocean. Surfrider Foundation activists will continue to educate the public about the natural processes that create and maintain our shoreline. Sometimes shoreline structures must be built, but the public must know the impacts. Society will have to continually pay to maintain the structures and correct the environmental damage caused by them. The best solution is to retreat from the beach (/Managed_Retreat) and allow nature to replenish, maintain and change the beach as she sees fit. Surfrider Foundation Beach Preservation Policy Surfrider's official policy (http://www.surfrider.org/pages/beach-preservation-policy) regarding beach preservation and shoreline structures. Restore the Shore Video Video produced by the San Diego Chapter of Surfrider Foundation discussing beach erosion, shoreline structures and ways to respond to the changing coast. http://www.beachapedia.org/Shoreline_Structures 10 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM Restore the Shore 05:34 North Carolina's Summary of the Effects of Shoreline Structures Since 1985, North Carolina prohibited shoreline armoring. The following text, from the state's 2010 Habitat Protection Plan (http://portal.ncdenr.org/c/document_library/get_file?uuid=f43f10b1- b2bf-4895-8bab-349e09fe88cc&groupId=38337) does a good job explaining the physical and ecological effects of shoreline armoring: http://www.beachapedia.org/Shoreline_Structures 11 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM "Shoreline hardening, or hard stabilization, involves construction of hard immovable engineered structures, such as seawalls, rock revetments, jetties, and groins. Seawalls and rock revetments run parallel to the beach. Seawalls are vertical structures, constructed parallel to the ocean shoreline, and are primarily designed to prevent erosion and other damage due to wave action. Revetments are shoreline structures constructed parallel to the shoreline and generally sloped in such a way as to mimic the natural slope of the shoreline profile and dissipate wave energy as the wave is directed up the slope. Breakwaters are structures constructed waterward of, and usually parallel to, the shoreline. They attempt to break incoming waves before they reach the shoreline, or a facility (e.g., marina) being protected. Jetties and groins are manmade structures constructed perpendicular to the beach, with jetties usually being much longer, and are located adjacent to inlets with the purpose of maintaining navigation in the inlet by preventing sand from entering it. In contrast, terminal groins are structures built at the end of a littoral cell to trap and conserve sand along the end of the barrier island, stabilize inlet migration, and widen a portion of the updrift beach. Terminal groins are designed so that when the area behind the groin fills in with sand, additional sand will go around the structure and enter the inlet system. It is well accepted that hard stabilization techniques along high energy ocean shorelines will accelerate erosion in some location along the shore as a result of the longshore sediment transport being altered (Defeo et al. 2009). The hydromodifications resulting from coastal armoring modifies sediment grain size, increases turbidity in the surf zone, narrows and steepens beaches, and results in reduced intertidal habitat and diversity and abundance of macroinvertebrates (Walton and Sensabaugh 1979; NRC 1995; Dolan et al. 2004: 2006; Pilkey et al. 1998; Peterson et al. 2000a; Miles et al. 2001; Dugan et al. 2008; Walker et al. 2008; Riggs and Ames 2009). A study looking at the effect of a short groin (95m) on the benthic community found that the groin created a depositional condition on one side of the structure and erosion on the other, and macroinvertebrate diversity and abundance was significantly reduced within 30m of the structure, as sand particle size and steepness increased (Walker et al. 2008). The change in benthic community was attributed to the change in geomorphology of the beach. Hard structures along a sandy beach can also result in establishment of invasive epibenthic organisms (Chapman and Bulleri 2003). A secondary impact of hardened structures is that the areal loss of beach resulting from hardening of shorelines is often managed by implementing nourishment projects, possibly having additional damage to subtidal bottom (Riggs et al. 2009). Anchoring inlets also prevents shoal formation and diminishes ebb tidal deltas, which are important foraging grounds for many fish species. Recognizing that hardened structures are damaging to recreational beaches and the intertidal zone, four states have prohibited shoreline armoring: Maine, Rhode Island, South Carolina, and North Carolina (effective in North Carolina since 1985). Perhaps the greatest impact of terminal groins and jetties results in the long-term effect on barrier islands and the effect that will have on marine and estuarine ecosystems. By stabilizing the inlet, http://www.beachapedia.org/Shoreline_Structures 12 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM inlet migration and overwash processes are interrupted, causing a cascade of other effects (Riggs and Ames 2009). In the case of Oregon Inlet, the terminal groin anchored the bridge to Pea Island and stopped the migration of the inlet on the south side. But the continuing migration of the north end of Bodie Island led to an increased need for inlet dredging. The combination of reduced longshore transport of sediment due to the groin and the post-storm dune construction to open and protect the highway prevented overwash processes that allow Pea Island to maintain its elevation over time. With overwash processes disrupted, the beach profile has steepened, and the island has flattened and narrowed, increasing vulnerability to storm damage (Dolan et al. 2006; Riggs and Ames 2009; Riggs et al. 2009). At Oregon Inlet and Pea Island, the accelerated need for beach replenishment is further aggravated by the need to maintain Hwy 12 on the narrowing beach. From 1983 to 2009 approximately 12.7 million cubic yards of sand have been added to the shoreline within three miles of the terminal groin (Riggs and Ames 2009). Dolan (2006) documented that the large volumes of sand replenishment in this area, required to maintain the channel, protect the road, and maintain a beach have resulted in a significant reduction in grain size and reduction in mole crab abundance. Mole crabs are considered an important indicator of beach conditions due to their importance in the food web as prey for shorebirds and surf fish. In addition to causing erosion on downdrift beaches, altering barrier island migration processes, and accelerating the need for beach nourishment projects, jetties obstruct larval fish passage through adjacent inlets (Blanton et al. 1999)." This article is part of a series on Shoreline Structures (/Category:Shoreline_Structures) looking at types of structures commonly built along shorelines, and the policies, laws, and regulations which can affect where and under what conditions they are built. For information about laws, policies and conditions impacting shoreline structures (/State_of_the_Beach/Beach_Indicators/Shoreline_Structures) in a specific state, please visit Surfrider's State of the Beach (/State_of_the_Beach) report to find the State Report (/State_of_the_Beach/State_Reports) for that state, and click on the "Shoreline Structures" indicator link. Retrieved from "http://www.beachapedia.org/index.php?title=Shoreline_Structures&oldid=41204 (http://www.beachapedia.org/index.php?title=Shoreline_Structures&oldid=41204)" Categories (/Special:Categories): A-Z (/Category:A-Z) Full Articles (/Category:Full_Articles) http://www.beachapedia.org/Shoreline_Structures 13 of 14 Shoreline Structures - Beachapedia 6/3/21, 3:17 PM Beach Preservation (/Category:Beach_Preservation) Climate Change Adaptation (/Category:Climate_Change_Adaptation) Articles (/Category:Articles) Shoreline Structures (/Category:Shoreline_Structures) http://www.beachapedia.org/Shoreline_Structures 14 of 14 6/14/2021 Goal 18 E cep ion P blic Hea ing Lincoln Co n O egon Co n Home Con ac U Sea c G 18 E P H Calenda Da e: Monda , J ne 14, 2021 - 7:00 m Add hi e en o o O look calenda (iCal). 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