Or. Admin. R. 660-023-0100 - Wetlands
(1) For purposes of
this rule, a "wetland" is an area that is inundated or saturated by surface
water or ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
(2) Local governments shall amend
acknowledged plans and land use regulations prior to or at periodic review to
address the requirements of this division, as set out in OAR 660-023-0250(5)
through (7). The standard inventory process requirements in OAR 660-023-0030 do
not apply to wetlands. Instead, local governments shall follow the requirements
of section (3) of this rule in order to inventory and determine significant
wetlands.
(3) For areas inside
urban growth boundaries (UGBs) and urban unincorporated communities (UUCs),
local governments shall:
(a) Conduct a local
wetlands inventory (LWI) using the standards and procedures of OAR 141-086-0110
through 141-086-0240 and adopt the LWI as part of the comprehensive plan or as
a land use regulation; and
(b)
Determine which wetlands on the LWI are "significant wetlands" using the
criteria adopted by the Division of State Lands (DSL) pursuant to ORS
197.279(3)(b)
and adopt the list of significant wetlands as part of the comprehensive plan or
as a land use regulation.
(4) For significant wetlands inside UGBs and
UUCs, a local government shall:
(a) Complete
the Goal 5 process and adopt a program to achieve the goal following the
require-ments of OAR 660-023-0040 and 660-023-0050; or
(b) Adopt a safe harbor ordinance to protect
significant wetlands consistent with this subsection, as follows:
(A) The protection ordinance shall place
restrictions on grading, excavation, placement of fill, and vegetation removal
other than perimeter mowing and other cutting necessary for hazard prevention;
and
(B) The ordinance shall include
a variance procedure to consider hardship variances, claims of map error
verified by DSL, and reduction or removal of the restrictions under paragraph
(A) of this subsection for any lands demonstrated to have been rendered not
buildable by application of the ordinance.
(5) For areas outside UGBs and UUCs, local
governments shall either adopt the statewide wetland inventory (SWI; see ORS
196.674) as part of the local
comprehensive plan or as a land use regulation, or shall use a current version
for the purpose of section (7) of this rule.
(6) For areas outside UGBs and UUCs, local
governments are not required to amend acknowledged plans and land use
regulations in order to determine significant wetlands and complete the Goal 5
process. Local governments that choose to amend acknowledged plans for areas
outside UGBs and UUCs in order to inventory and protect significant wetlands
shall follow the requirements of sections (3) and (4) of this rule.
(7) All local governments shall adopt land
use regulations that require notification of DSL concerning applications for
development permits or other land use decisions affecting wetlands on the
inventory, as per ORS 227 .350 and
215.418, or on the SWI as
provided in section (5) of this rule.
(8) All jurisdictions may inventory and
protect wetlands under the procedures and requirements for wetland conservation
plans adopted pursuant to ORS
196.668 et seq. A wetlands
conservation plan approved by the director of DSL shall be deemed to comply
with Goal 5 (ORS 197.279(1)).
Notes
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS 197.040 & ORS 197.225 - ORS 197.245
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