ESTUARINE RESOURCES GOAL 16 ☐☐☐☐☐☐☐
The Coquille River estuary is located on the Oregon coast at Bandon, Coquille and Myrtle Point. The estuary is approximately 1,082 acres in area and has a watershed of approximately 1,058 square miles. The estuary is designated as a Shallow Draft Development estuary under the Oregon Estuary Classification system. The tidal-effect is observed as far as Myrtle Point, approximately 28 to 30 miles upriver.
The estuary is home to Bandon Marsh National Wildlife Refuge, an 889-acre expanse and the last undisturbed tract of salt marsh in the Coquille River estuary. This is an important nesting and resting area for wading birds, raptors, shorebirds and migratory waterfowl. The estuary is also a noted destination for birdwatchers. Recreational and commercial activities related to the estuary are an essential element of the City’s economy.
The most delicate ecological balances affecting the City of Bandon are to be found on the Coquille River estuary. The estuary provides shelter and a food supply for migrating birds, marshlands and wetlands which support a variety of wildlife. Tidal action cleans the estuary waters and replenishes life supporting nutrients to a diversity of marine life.
The role of the City is to protect the function of the estuary as a fragile eco-system, while maintaining access to the area for recreational activities.
Estuarine areas are classified in the Comprehensive Plan as development, natural, and conservation management units. The protection and allowed uses and activities in estuarine management units are implemented in Chapter 17.64, Water Zone, of the Bandon Municipal Code.
Estuarine Resources Statewide, Planning Goal 16
The City of Bandon shall recognize and protect the unique environmental, economic and social values of the Coquille Estuary and its associated wetlands.
The City shall protect, maintain and where appropriate, develop or restore the long term environmental, economic and social values, diversity, and benefits of the Coquille Estuary.
The City of Bandon Comprehensive Plan provides and shall continue to provide for appropriate uses (including preservation) with as much diversity as is consistent with the overall Oregon Estuary Classification (O.A.R. 660-17-000), as well as with the biological, economic, recreational and aesthetic benefits of the estuary.
The Plan protects and shall continue to protect the estuarine ecosystem, including its natural biological productivity, habitat, diversity, unique features and water quality.
Policy A, Estuary Classifications:
The City shall officially recognize the Coquille River Estuary as a Shallow Draft Development Estuary , consistent with the overall Oregon Estuary Classification. Further, the Plan’s allowed uses and activities are, and must remain, consistent with the shallow-draft development designation and the estuarine management unit requirements of Goal #16.
This Policy recognizes that the Land Conservation and Development Commission (LCDC) and the Statewide Planning Goals limit the maximum allowable development of Oregon estuaries.
Policy B, Natural Estuarine Management Units:
In the Coquille River Estuary, areas shall be designated as Natural Estuarine Management Units to assure the protection of significant fish and wildlife habitats, of continued biological productivity within the estuary, and of scientific, research, and educational needs. These shall be managed to preserve the natural resources in recognition of dynamic, natural, geological, and evolutionary processes. Natural Estuarine Management Units shall include, at a minimum, all major tracts of salt marsh, tideflats, and sea grass and algae beds.
Policy C, Conservation Management Units:
In the Coquille River estuary, areas shall be designated as Conservation Estuarine Management Units for long-term uses of renewable resources that do not require major alteration of the estuary, except for the purpose of restoration. These areas shall be managed to conserve the natural resources and benefits. These shall include areas needed for maintenance and enhancement of biological productivity, recreational and aesthetic uses, and aquaculture. They shall include tracts of significant habitat smaller or of less biological importance than those in the Natural Estuarine Management Units, and recreational or commercial oyster and clam beds not included in the Natural Estuarine Management Units. Areas that are partially altered and adjacent to existing development of moderate intensity which do not possess the resource characteristics of natural or development units shall also be included in this classification.
Policy D, Development Management Units:
In the Coquille River estuary, Development Estuarine Management Units shall be designated to provide for navigation and other identified needs for public, commercial, and industrial water-dependent uses, consistent with the level of development of alteration allowed by the overall Oregon Estuary Classification. Such areas shall include deep-water areas adjacent or in proximity to the shoreline, navigation channels, sub-tidal areas for in-water disposal of dredged material and areas of minimal biological significance needed for uses requiring alteration of the estuary not included in Natural or Conservation Estuarine Management Units.
In designating uses for these areas, the City shall consider the potential for using upland sites to reduce or limit the commitment of the estuarine surface area for surface uses.
Policy E, Resource Capabilities, Consistency, and Impact Assessment:
The City concludes that all proposed actions (approved in this Plan) which would alter or potentially alter the integrity or the estuarine ecosystem have been based upon a full consideration of the impacts of the proposed alteration and a demonstration of the public’s need and gain which warrant such modification or loss, except for uses and activities which require the resource capability consistency test as a condition within a particular management unit.
For uses and activities requiring the resource capabilities test, a clear presentation of the impacts of the proposed alteration shall be required. The impact assessment shall include:
The type and extent of alterations expected;
1. The type of resource(s) affected;
2. The expected extent of impacts of the proposed alteration of water quality and other physical characteristics of the estuary, living resources, recreational and aesthetic use, navigation and other existing and potential uses of the estuary; and
3. The methods which could be employed to avoid or minimize adverse impacts.
Policy F, Estuarine Fill and Removal:
The City shall support dredge, fill or other reduction or degradation of estuarine values only if such activities are allowed in the respective Management Unit and:
1. If required for navigation or other water-dependent uses that require an estuarine location or if specifically allowed by the applicable management unit requirements of this goal; and,
2. If a need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights; and
3. If no feasible alternative upland locations exist; and
4. If adverse impacts are minimized.
This Policy shall be implemented by the preparation of findings by the City documenting that such proposed actions are consistent with the Comprehensive Plan, and with the criteria listed above.
This Policy recognizes that Goal #16 limits dredge, fill and other estuarine degradation in order to protect the integrity of the estuary.
Policy G, Temporary Alterations:
The City shall support as consistent with this Plan (without taking Exceptions to the Statewide Planning Goals ) temporary dredge, fill or other structure or alteration to the estuary, to major freshwater marshes, or to shorelands identified as significant wildlife habitat when such temporary actions would not otherwise be allowed by the Plan. Such actions shall be limited to alterations in support of uses permitted by Goal #16 and providing that:
1. The temporary alteration is not for more than three years;
2. The short-term damage to the resource is consistent with the resource capabilities of the area; and
3. The area and affected resources is restored to its previous condition.
This Policy is based on the recognition that temporary estuarine fill and habitat alterations are frequently legitimate actions when in conjunction with jetty repair and other important economic activities. It is not uncommon for projects to need staging areas and access that require temporary alteration to habitat that is otherwise protected by this Plan.
Policy H: Estuarine Mitigation Requirements:
When dredge or fill activities are permitted in intertidal or tidal marsh areas, their effects shall be mitigated by creation, restoration or enhancement of another area to ensure that the integrity of the estuarine ecosystem is maintained. Designated mitigation sites identified in the Plan shall be protected.
Policy I, Solutions to Erosion and Flooding Problems:
The City shall prefer non-structural solutions to problems of erosion and flooding in the Coquille Estuary to structural solutions. Where shown to be necessary and consistent with policy, water and erosion control structures such as jetties, bulkheads, seawalls and similar protective structures, and fill shall be designed to minimize adverse impacts on water currents, erosion and accretion patterns.
Further, where listed as an allowable activity within the respective Management Unit, riprap shall only be allowed in Development Estuarine Management Units upon finding that:
1. land use management practices and non-structural solutions are inadequate; and
2. adverse impacts on water currents, erosion and accretion patterns are minimized; and
3. it is consistent with the Development Management Unit objectives of LCDC Goal #16, Estuarine Resources Estuarine Resources.
Further, where listed as an allowable activity within the respective Management Unit, riprap shall only be allowed in Conservation Estuarine Management Units upon finding that:
1. land use management practices and non-structural solutions are inadequate; and
2. adverse impacts on water currents, erosion and accretion patterns are minimized; and
3. riprap is consistent with the resource capabilities of the area and the purposes of maintaining Conservation Management Units.
Further, where listed as an allowable activity within the respective Management Unit, riprap shall only be allowed in Natural Estuarine Management Units upon finding that:
1. there is a need to protect from erosion: uses existing as of October 7, 1977, unique natural resources and historic archaeological values, or public facilities;
2. land use management practices and non-structural solutions are inadequate; and
3. it is consistent with the Natural Management Unit as set forth in this Plan and required by Goal #16; and
4. adverse impacts on water currents, erosion and accretion patterns and estuarine organisms and their habitat are minimized.
Policy J, Proliferation of Single-Purpose Docks and Piers:
The City shall restrict the proliferation of single purpose docks and piers by encouraging community facilities common to several uses and interests. The size shall be limited to that required for the intended use.
This Policy recognizes the requirements of Goal #16 and the environmental benefits of multi-purpose and multi-ownership docks and moorage facilities.
Policy K, Authority of Other Agencies:
The City shall recognize the authority of the following agencies and their programs for managing land and water resources:
1. the non-point discharge water quality program administered by the Department of Environmental Quality under Section 208 of the Federal Water Quality Act as amended in 1972 (PL 92-500); and
2. the Fill and Removal Permit Program administered by the Department of State Lands under ORS 196.800-196-910; and
3. the programs of the State Soil and Water Conservation Commission and local districts.
This Policy recognizes that there are several agencies with authority over coastal waters, and that their management programs should be used rather than developing new or duplicatory management techniques or controls, especially as related to existing programs functioning to maintain water quality and minimize man-induced sedimentation.
Policy L, Limiting Dredge and Fill as Estuarine Restoration:
The City shall support estuarine dredge or fill actions as estuarine restoration when appropriate in areas where activities have adversely affected some aspect of the estuarine system and where such restoration would contribute to the objectives of Goal #16.
This Policy recognizes that not all estuarine dredge or fill actions may be considered estuarine restoration pursuant to LCDC Statewide Planning Goals.
Policy M, Flow-Lane Disposal of Dredge Material in Development Management Units:
Flow-lane disposal of dredged materials shall be allowed in Management Unit #1 in the deep draft navigational channel adjacent to the boat basin provided that such disposal is monitored to assure that estuarine sedimentation is consistent with the purposes of the affected Natural and Conservation Estuarine Management Units and that all necessary local, state and federal permits have been obtained and their requirements satisfied.
A copy of the results of monitoring, if required by the permitting agencies, will be sent to the city and may satisfy the above monitoring requirement.