OAR 141-120-0160
Designation Criteria for the Development Category
(1)
A local government may designate isolated wetlands one acre or less in area into the Development Category if:(a)
The local government determines that there is no less damaging practicable alternative within the WCP area with the same zoning; and(b)
The function and value assessment indicates that the wetland:(A)
Provides no functions or values and has little enhancement potential; or(B)
Provides or has potential to provide only functions or values that are not listed as WCP Goals; or(C)
The local government demonstrates with findings of fact and supporting reasons that the wetland can reasonably be expected to be adversely impacted by committed infrastructure; and(2)
A local government may designate wetlands or portions of wetlands notwithstanding the wetland’s size or connectivity into the Development Category if:(a)
The local government determines that there is no less damaging practicable alternative with the same comprehensive plan land use designation within the WCP area; and(b)
The functions and values assessment for the wetland indicates that the wetland:(A)
Provides no function and has little enhancement potential; or(B)
Provides or has potential to provide only functions or values that are not listed as WCP Goals and has little enhancement potential.(3)
A local government may designate wetlands or portions of wetlands notwithstanding the wetland’s size or connectivity into the Development Category if:(a)
The functions and values assessment for the wetland indicates that the wetland provides or has potential to provide a function or value that is listed as a WCP Goal or has enhancement potential; and(b)
The local government:(A)
Determines that there is no less damaging practicable alternative with the same comprehensive plan land use designation within the UGB, the Urban Service area or the Rural Service area; and(B)
Provides an explanation, in the form of a finding of fact with supporting reasons, as to why the comprehensive plan’s land use designation cannot be changed to avoid impacting the wetland.(4)
For the purposes of OAR 141-120-0160 (Designation Criteria for the Development Category), the term “less damaging practicable alternative” means “less environmentally damaging practicable alternative.”
Source:
Rule 141-120-0160 — Designation Criteria for the Development Category, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-120-0160.