OAR 141-120-0070
Designation Criteria for the Protection Category

(1)

Local governments at a minimum shall place into the Protection Category wetlands or portions of wetlands that:

(a)

Contain uncommon wetland plant communities including those listed in the Oregon Natural Heritage Program’s Classification and Catalog of Native Wetland Plant Communities in Oregon as G3 or S3 or lower;

(b)

Are legally protected;

(c)

Are inhabited by or support any species listed by the federal or state government as a sensitive, threatened or endangered species in Oregon unless consultation with the appropriate state or federal agency indicates that the wetland is not important for the species; or

(d)

Are listed as “Wetlands of Special Interest for Protection” in the Oregon Freshwater Wetland Assessment Methodology; or

(e)

Are located in designated floodways; or

(f)

Are identified as habitat for spawning or rearing anadromous salmonid fish by the Oregon Department of Fish and Wildlife or the National Marine Fisheries Service.

(2)

In addition to areas protected under OAR 141-120-0070 (Designation Criteria for the Protection Category)(1), local governments should place into the protection category wetlands or portions of wetlands that meet protection criteria established as part of the WCP to achieve WCP Goals.

(3)

For the purposes of this section, the term “floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100 year flood without cumulatively increasing the water surface elevation more than a designated height.

Source: Rule 141-120-0070 — Designation Criteria for the Protection Category, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-120-0070.

141–120–0000
Application 141–120–0010
Purpose 141–120–0020
Applicable Policies 141–120–0030
Definitions 141–120–0040
Wetland Resource Designations 141–120–0050
The Purpose of the Protection Category 141–120–0060
Management Directive for the Protection Category 141–120–0070
Designation Criteria for the Protection Category 141–120–0080
Uses Allowed in the Protection Category 141–120–0090
The Purpose of the Conservation Category 141–120–0100
Management Directive for the Conservation Category 141–120–0110
Compensatory Mitigation Requirement for the Conservation Category 141–120–0120
Designation Criteria for the Conservation Category 141–120–0130
Uses Allowed in the Conservation Category 141–120–0140
The Purpose of the Development Category 141–120–0150
Management Directive for the Development Category 141–120–0160
Designation Criteria for the Development Category 141–120–0170
Uses Allowed in Development Category Wetlands 141–120–0180
Planned Infrastructure 141–120–0190
Implementing Ordinances 141–120–0200
Information Requirements 141–120–0210
Director’s Determinations 141–120–0220
Jurisdictions Not Governed by this Rule 141–120–0230
Citation of Statutory Authority

Last Updated

Jun. 8, 2021

Rule 141-120-0070’s source at or.us

Stay Connected

Join thousands of people who receive monthly site updates.

Get Legal Help

The Oregon State Bar runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral Service

Committed to Public Service

We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access.

Navigate

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

Location: https://oregon.public.law/rules/oar_141-120-0070

Original Source: Rule 141-120-0070 — Designation Criteria for the Protection Category, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-120-0070 (last accessed Jun. 8, 2021).