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1980 Coastal L. Memo 1 (1980)

handle is hein.journals/ocoaslme1980 and id is 1 raw text is: Ocean and Coastal Law Center * School of Law * University of Oregon * Eugene 97403 A Coastal Law memo August 1980 COASTAL NATURAL HAZARDS MANAGEMENT Development in the coastal zone is exposed to a variety of natural hazards. Development often increases the risk of personal injury or property damage. Coastal land in Oregon is threatened by geologic hazards such as earthquakes, erosion, landslides, and land subsidence. This Cuastal Law Memo will discudd how state and local government in Oregon are attempting to mitigate damage caused by coastal natural hazards. GEOLOGIC HAZARDS The most common geologic hazard in Oregon's coastal zone is erosion. Erosion is the removal and transport of rocks or soil material by moving water. It is a vital process in the coastal zone because it provides a source of sandy material for the beach. But as a seacliff erodes, clifftop development may be threatened. Many alhorelinC crosion problcmn arc the direct result of past unwise development de- cisions and are made worse by inadequate resource management. Erosion damage is likely to increase in the future. While more beach and dune areas are devoted to housing, the supply of new beach sand is reduced by dredging and flood control projects. Narrowing beaches will result in flood- ing and landslide damage. The 1976 amendments to the federal Coastal Zone Management Act (CZMA) recognized the problem of coastal erosion by requiring federally-funded state coastal zone management programs to con- tain a planning process for shoreline erosion problems. Oregon's federally approved coastal program contains such a planning process as well as specific rules with respect to shoreline ero- sion management which are described later in this memo. Landslides are often associated with erosion. A landslide is a perceptible downward sliding or falling of a mass of earth, rock, or a mixture of the two. It is nature's method of stabilizing a slope. Landslides may result from natural forces, but are often caused by man. With many coastal hillsides being developed, the risk of downslope movement increases. Development can increase the water content of the soil and the amount of ground- water in the system. When this occurs the soil becomes saturated and its weight increases. In addition, the weight of hillside structures in- creases the downward force on the slope. These factors increase the risk of a slide. Conse- quently, because of development, an area which was free of problemo may end up with slope failures. Land subsidence occurs when surface material is displaced vertically downward with little or no horizontal movement. Man can cause subsidence by withdrawing large volumes of fluids from weakly consolidated segments. The loss of support causes subsidence. Unlike other coastal geologic hazards, the major problem with subsidence is economic loss rather than personal injury. Solutions are gener- ally expensive. An earthquake is the sudden release of stress built up by tectonic forces in the earth's crust. This stress release causes ground shaking, which may result in landslides. Many coastal areas are exposed to moderate to high earthquake risk. This is especially true of the Pacific coast, primarily because of two tectonic plates, the Pacific and the North American plates, which meet in the San Andreas Fault Zone. COMMON LAW PRINCIPLES Historically, the pattern of development in coastal areas was relatively haphazard. There were no long-range comprehensive plans. As a result, disputes between coastal landowners, or the government and coastal landowners over such issues as liability for eroding land, protection for eroding lands and use restrictions were often resolved by the courts. Coastal property owners often desire to pro- tect their land and improvements against damage from coastal waters by constructing various shore- line protective devices. The crucial issue is the degree of protective measures that a landowner may take without incurring liability for damage to neighboring lands. Although there has been no reported litiga- tion on this issue in Oregon with respect to the Pacific shoreline, decisions involving inland Distributed by: OSU Extension Service' Sea Grant Marine Advisory Program, Corvallis, OR 97331 Issue 1

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