Or. Admin. Code § 632-005-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 632-005-0020 - Definitions

(1) In addition to the definitions in ORS 455.447, the following definitions shall apply unless another definition is clearly indicated by context:

(a) "Board" means the Governing Board of the Department of Geology and Mineral Industries.

(b) "Capacity" means the maximum allowable occupants that may be served in the facility or structure in accordance with applicable laws or other authority.

(c) "Competing interests and other considerations" means any well-founded consideration that is reasonably related to balancing or management of tsunami risks. It includes, but is not limited to, scientific data regarding tsunami risks and mitigation measures such as evacuation strategies.

(d) "Consultation" means information provided by the department to a prospective developer during information transfer under ORS 455.447 and OAR 632-005-0060. It includes, but is not limited to, printed material; references to scientists, engineers, or others with expertise in matters relating to tsunami hazards; reports summarizing information known about the site or surrounding area; information derived from field visits; and recommendations regarding potential mitigation measures. Consultation is not binding.

(e) "Department" means the Oregon Department of Geology and Mineral Industries.

(f) "Developer" means local governments, districts, or other persons proposing to develop new essential facilities, hazardous facilities, major structures, or special occupancy structures that are addressed by ORS 455.446 to 455.447 and these rules.

(g) "Exception" means a board order under ORS 455.446(1)(d) and OAR 632-005-0080 allowing the siting of a facility or structure that would otherwise be prohibited by ORS 455.446(1)(a). An exception is not a land use or building codes approval.

(h) "Mitigative construction strategy" means a design plan that reasonably provides for evacuation to higher floors or unhindered site evacuation with a reasonable expectation of safety in the event of a tsunami.

(i) "Mitigative terrain modification" means landscaping that can reasonably be expected to mitigate tsunami risk for the site in question. It may include, but is not limited to, placement of fill on the site, berms or other protective features around the site, or ground armoring to limit tsunami erosion beneath or around facilities or structures. In this context, ground armoring does not necessarily include sea wall construction.

(j) "New," when referring to a facility or structure, means that application for land use or building permit or change in use approval was made on or after the effective date of these rules.

(k) "Risk" means the threat to people posed by a tsunami hazard for the proposed use of a site.

(l) "Tsunami hazard" means, as determined by scientific expectation, the size of the tsunami, the kind of tsunami action, including velocity, and the estimated recurrence frequency of the tsunami event for a given site.

(m) "Tsunami inundation zone" for the purpose of these rules means the area subject to tsunami inundation as depicted on maps adopted under OAR 632-005-0030 of these rules and intended for the implementation of ORS 455.446 and ORS 455.447.

(n) "Water-dependent" means a use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water.

(o) "Water-related" means uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs.

(2) In addition, the definitions in the Oregon Structural Specialty Code of the Department of Consumer and Business Services shall apply unless a different meaning is clearly indicated by context.

Or. Admin. Code § 632-005-0020

GMI 1-1996, f. & cert. ef. 1-31-96; GMI 1-1997, f. & cert. ef. 4-4-97

Stat. Auth.: ORS 516.090

Stats. Implelmented: ORS 455.446 & ORS 455.447