OAR 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 (Applicability)(5) through (7). The standard inventory process requirements in OAR 660-023-0030 (Inventory Process) 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 (Landowner Notification) 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 (Approved wetland conservation plans comply with goals)(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 requirements of OAR 660-023-0040 (ESEE Decision Process) and 660-023-0050 (Programs to Achieve Goal 5); 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 (Statewide Wetlands Inventory)) 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 (Notice of proposed wetlands development) and 215.418 (Approval of development on wetlands), 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 (Legislative findings) et seq. A wetlands conservation plan approved by the director of DSL shall be deemed to comply with Goal 5 (ORS 197.279 (Approved wetland conservation plans comply with goals)(1)).
Source:
Rule 660-023-0100 — Wetlands, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-023-0100.