2021 Oregon Revised Statutes
Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill
Section 196.471 - Territorial Sea Plan review requirements.

(a) Carry out the policies of ORS 196.405 to 196.515; and
(b) Are consistent with applicable statewide planning goals, with emphasis on the four coastal goals.
(2) After making the findings required by subsection (1) of this section, the commission shall adopt the Territorial Sea Plan or proposed amendments as part of the Oregon Coastal Management Program.
(3)(a) If the commission does not make the findings required by subsection (1) of this section, the commission shall return the plan or amendments to the council for revision. The commission may specify any needed revisions.
(b) If the council makes subsequent recommendations for amendments, the council must:
(A) Include the commission’s specified revisions in the recommendations; and
(B) Make the subsequent recommendations for amendments within 155 days after the date that the commission returns the plan or amendments to the council for revision. The commission and the council may mutually agree to extend the time that the council is allowed under this subparagraph for submitting subsequent recommendations to the commission.
(c) If the council does not make the subsequent recommendations for amendments within the time provided for in paragraph (b)(B) of this subsection, the commission may adopt the Territorial Sea Plan amendments recommended by the council under subsection (1) of this section, including any needed revisions specified by the commission.
(4) Upon adoption of the Territorial Sea Plan or subsequent amendments the commission may, after consultation with affected state agencies, identify amendments to agency ocean or coastal resource management programs necessary to conform to the provisions of the adopted plan. [1991 c.501 §20; 1993 c.18 §35; 2013 c.416 §1]
Note: 196.471 was added to and made a part of 196.405 to 196.515 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Note: Sections 2 to 4, chapter 534, Oregon Laws 2021, provide:
Sec. 2. (1) The Department of Land Conservation and Development, in consultation with the Department of State Lands and relevant local governments and tribal governments, shall review the part of the Territorial Sea Plan that addresses the placement of cables, pipelines and other utilities in the territorial sea. The review must consider fee structures and state and federal review processes, including permitting processes, for the placement of undersea cables on state-owned submerged or submersible land within the territorial sea and under the ocean shore and the siting of associated landing sites. The Department of Land Conservation and Development shall provide the results of the review to the Ocean Policy Advisory Council.
(2) The Ocean Policy Advisory Council shall develop recommendations for amendments to the part of the Territorial Sea Plan that addresses the placement of cables, pipelines and other utilities in the territorial sea. In developing recommendations, the council shall consider the review provided to the council under subsection (1) of this section and evaluate:
(a) A coordinated permitting process for the placement of undersea cables that allows for coordination between appropriate state agencies, tribal governments and local governments.
(b) Suitable landing sites, including a mapping analysis of opportunities, limitations and requirements for landing sites.
(c) The impact of other state agencies, laws, zoning requirements or statewide planning goals on potential undersea cable sites.
(d) Changes to fees structures and financing associated with administrative costs and the protection and management of the territorial sea and ocean shore.
(e) Requirements for public information meetings or other methods for engaging communities, tribal governments, ocean users and industries affected by a proposed undersea cable.
(f) The impact of drilling on biological resources, including migratory species, and on resources that are of economic, aesthetic, recreational, social or historic importance to the people of this state.
(g) An application process that may include:
(A) A needs analysis that takes into account the socioeconomic and environmental needs of the area;
(B) A geological study conducted by a registered professional geologist experienced in coastal processes;
(C) Consultation with Oregon sea floor experts, such as an expert affiliated with an Oregon university; and
(D) A detailed drilling, mitigation and accident response plan.
(h) Requirements for interagency preapplication process meetings.
(i) Standards for undersea cables in the States of California and Washington.
(j) Coordination with tribal governments on potential impacts of undersea cables on cultural and traditional resources.
(3) The council may consult with any of the following state agencies when developing recommendations for amendments under this section:
(a) The State Parks and Recreation Department;
(b) The Department of Environmental Quality;
(c) The State Department of Fish and Wildlife;
(d) The State Department of Geology and Mineral Industries; or
(e) Any other state agency with relevant expertise. [2021 c.534 §2]
Sec. 3. The Ocean Policy Advisory Council shall develop recommendations for amendments to the Territorial Sea Plan under section 2 of this 2021 Act no later than two years after the effective date of this 2021 Act [September 25, 2021]. [2021 c.534 §3]
Sec. 4. Sections 2 and 3 of this 2021 Act are repealed on January 2, 2024. [2021 c.534 §4]

Structure 2021 Oregon Revised Statutes