OAR 350-081-0590
General Management Areas Rare Plant Review Criteria
(1)
Sensitive Plants and Site Plans for Review Uses Near Sensitive Plants(a)
Proposed uses shall not adversely affect sensitive plants. “Sensitive plants” means plant species that are(A)
Endemic to the Columbia River Gorge and vicinity,(B)
Listed as endangered or threatened pursuant to federal or state endangered species acts, or(C)
Listed as endangered, threatened, or sensitive by the Oregon or Washington Natural Heritage program. Updated lists of sensitive plant species can be found on the websites for the Oregon or Washington Natural Heritage Program. A list also is maintained by the USDA Forest Service – Scenic Area Office and available on the Gorge Commission website.(b)
In addition to the information required in all site plans, site plans for uses within 1,000 feet of a sensitive plant shall include a map prepared at a scale of 1 inch equals 100 feet (1:1,200), or a scale providing greater detail.(c)
Proposed uses within 1,000 feet of a sensitive plant shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited.(2)
Field Survey A field survey to identify sensitive plants shall be required for:(a)
Land divisions that create four or more parcels;(b)
Recreation facilities that contain parking areas for more than 10 cars, overnight camping facilities, boat ramps, and visitor information and environmental education facilities;(c)
Public transportation facilities that are outside improved rights-of-way;(d)
Electric facilities, lines, equipment, and appurtenances that are 33 kilovolts or greater; and(e)
Communications, water and sewer, and natural gas transmission (as opposed to distribution) lines, pipes, equipment, and appurtenances and other project related activities, except when all of their impacts will occur inside previously disturbed road, railroad or utility corridors, or existing developed utility sites, that are maintained annually. Field surveys shall cover all areas affected by the proposed use or recreation facility. They shall be conducted by a person with recognized expertise in botany or plant ecology hired by the project applicant. Field surveys shall identify the precise location of the sensitive plants and delineate a 200-foot buffer zone. The results of a field survey shall be shown on the site plan map.(3)
Review uses may be allowed within 1,000 feet of a sensitive plant, when approved pursuant to 350-081-0590 (General Management Areas Rare Plant Review Criteria)(4), and reviewed under the applicable provisions of 350-081-0520 (General Management Area Scenic Review Criteria) through 350-081-0620 (Special Management Area Recreation Resource Review Criteria).(4)
Uses that are proposed within 1,000 feet of a sensitive plant shall be reviewed as follows:(a)
Site plans shall be submitted to the Oregon or Washington Natural Heritage Program by the Executive Director. The Natural Heritage Program staff will review the site plan and their field survey records. They will identify the precise location of the affected plants and delineate a 200-foot buffer zone on the project applicant’s site plan. If the field survey records of the state heritage program are inadequate, the project applicant shall hire a person with recognized expertise in botany or plant ecology to ascertain the precise location of the affected plants.(b)
The rare plant protection process may conclude if the Executive Director, in consultation with the Natural Heritage Program staff, determines that the proposed use would be located outside of a sensitive plant buffer zone.(c)
New uses shall be prohibited within sensitive plant species buffer zones.(d)
If a proposed use must be allowed within a sensitive plant buffer area in accordance with 350-081-0078 (Variances), the project applicant shall prepare a protection and rehabilitation plan pursuant to 350-081-0590 (General Management Areas Rare Plant Review Criteria)(5).(e)
The Executive Director shall submit a copy of all field surveys and protection and rehabilitation plans to the Oregon or Washington Natural Heritage Program. The Natural Heritage Program staff will have 20 days from the date that a field survey is mailed to submit written comments to the Executive Director. The Executive Director shall record and address any written comments submitted by the Natural Heritage Program staff in the land use review order. Based on the comments from the Natural Heritage Program staff, the Executive Director will make a final decision on whether the proposed use would be consistent with the rare plant policies and guidelines. If the final decision contradicts the comments submitted by the Natural Heritage Program staff, the Executive Director shall justify how the opposing conclusion was reached.(5)
Protection and Rehabilitation Plans Protection and rehabilitation plans shall minimize and offset unavoidable impacts that result from a new use that occurs within a sensitive plant buffer zone as the result of a variance. Protection and rehabilitation plans shall meet the following guidelines:(a)
Protection and rehabilitation plans shall be prepared by a professional botanist or plant ecologist hired by the project applicant.(b)
Construction, protection, and rehabilitation activities shall occur during the time of the year when ground disturbance will be minimized and protection, rehabilitation, and replacement efforts will be maximized.(c)
Sensitive plants that will be destroyed shall be transplanted or replaced, to the maximum extent practicable. Replacement is used here to mean the establishment of a particular plant species in areas of suitable habitat not affected by new uses. Replacement may be accomplished by seeds, cuttings, or other appropriate methods. Replacement shall occur as close to the original plant site as practicable. The project applicant shall ensure that at least 75 percent of the replacement plants survive 3 years after the date they are planted.(d)
Sensitive plants and their surrounding habitat that will not be altered or destroyed shall be protected and maintained. Appropriate protection and maintenance techniques shall be applied, such as fencing, conservation easements, livestock management, and noxious weed control.(e)
Habitat of a sensitive plant that will be affected by temporary uses shall be rehabilitated to a natural condition.(f)
Protection efforts shall be implemented before construction activities begin. Rehabilitation efforts shall be implemented immediately after the plants and their surrounding habitat are disturbed.(g)
Protection and rehabilitation plans shall include maps, photographs, and text. The text shall:(A)
Describe the biology of sensitive plant species that will be affected by a proposed use.(B)
Explain the techniques that will be used to protect sensitive plants and their surrounding habitat that will not be altered or destroyed.(C)
Describe the rehabilitation and enhancement actions that will minimize and offset the impacts that will result from a proposed use.(D)
Include a 3-year monitoring, maintenance, and replacement program. The project applicant shall prepare and submit to the Executive Director an annual report that documents milestones, successes, problems, and contingency actions.(6)
Sensitive Plant Buffer Zones(a)
A 200-foot buffer zone shall be maintained around sensitive plants. Buffer areas shall remain in an undisturbed, natural condition.(b)
Buffer zones may be reduced if a project applicant demonstrates that intervening topography, vegetation, man-made features, or natural plant habitat boundaries negate the need for a 200 foot radius. Under no circumstances shall the buffer zone be less than 25 feet.(c)
Requests to reduce buffer areas shall be considered if a professional botanist or plant ecologist hired by the project applicant:(A)
Identifies the precise location of the sensitive plants,(B)
Describes the biology of the sensitive plants, and(C)
Demonstrates that the proposed use will not have any negative effects, either direct or indirect, on the affected plants and the surrounding habitat that is vital to their long-term survival. All requests shall be prepared as a written report. Published literature regarding the biology of the affected plants and recommendations regarding their protection and management shall be cited. The report shall include detailed maps and photographs.(d)
The Executive Director shall submit all requests to reduce sensitive plant species buffer areas to the Oregon or Washington Natural Heritage Program. The Natural Heritage Program staff will have 20 days from the date that such a request is mailed to submit written comments to the Executive Director. The Executive Director shall record and address any written comments submitted by the Oregon or Washington Natural Heritage Program in the development review order. Based on the comments from the Oregon or Washington Natural Heritage Program, the Executive Director will make a final decision on whether the reduced buffer area is justified. If the final decision contradicts the comments submitted by the Natural Heritage Program staff, the Executive Director shall justify how the opposing conclusion was reached.
Source:
Rule 350-081-0590 — General Management Areas Rare Plant Review Criteria, https://secure.sos.state.or.us/oard/view.action?ruleNumber=350-081-0590.