wetland planning requirements, tools & processes

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Wetland Planning Requirements, Tools & Processes

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Wetland Planning Requirements, Tools &

Processes

Statewide Planning Goals

1 Citizen Involvement

2 Land Use Planning

3 Agricultural Lands

4 Forest Lands

5 Natural Resources

6 Air, Water, Land Resources Quality

7 Hazards

8 Recreation

9 Economic Development

10 Housing

11 Public facilities/services

12 Transportation

13 Energy Conservation

14 Urbanization

15 Willamette R. Greenway

16 Estuarine Resources

17 Coastal Shorelands

18 Beaches & Dunes

19 Ocean Resources

Statewide Planning Goals that Address Wetlands

• Goal 5 - Natural Resources, Scenic & Historic Areas, and Open Spaces

• Goal 16 - Estuarine Resources

• Goal 17 - Coastal Shorelands

Who’s Who in Wetland Planning

• Land Conservation & Development Commission (LCDC)

– Sets policy, adopts rules, conducts hearings

• Dept. of Land Conservation and Development (DLCD)

– Administrative arm of LCDC; reviews plans & local decisions; assists local governments

• Department of State Lands (DSL)

– Administers Removal-Fill Law & State Wetlands Program; technical standards & assistance

• Cities, Counties, COGs, Metro– Carry out mandated land use planning activities

Local Government Planning Responsibilities

• Develop & adopt comprehensive plan that addresses Statewide Planning Goals

• Adopt implementing ordinances

• Update plan periodically

• Oversight by Dept. of Land Conservation & Development

Goal 5 Requirements

• Outside UGB, counties required to notify DSL of proposed development activities on wetlands mapped on National Wetlands Inventory

• Inside UGB, cities required to:– Develop Local Wetlands Inventory (LWI) and determine

significant wetlands (using DSL standards)

– Protect “locally Significant Wetlands”

– Notify DSL of proposed activities on all wetlands mapped on LWI

Goal 5 Process & Tools (within UGB)

Step: Define & inventory wetlandsTool: Delineation manual & LWI rules

Step: Assess function & conditionTool: Oregon Freshwater Wetland Assessment Method

Step: Determine which wetlands are significantTool: Significant Wetland Criteria rules

Step: Adopt protection program & ordinancesTool: Goal 5 rules

A

B

D

C

Goal 16 - Estuarine Resources

• Required classification of estuaries as:– deep draft development (3 estuaries)– shallow draft development (7 estuaries)– conservation (5 estuaries)– natural (2 estuaries)

• Each estuary subdivided into development, conservation & natural management units– to limits of base classification, i.e., conservation

estuary can’t include development units

Goal 16, cont.

• State law prescribes uses permitted in different management units

• Estuary plans include implementing ordinances & criteria for when dredge or fill would be permitted

• DSL & Corps of Engineers will not issue permit if not consistent with estuary plan

Goal 17 - Coastal Shorelands:Major Marshes

• Coastal shorelands are lands contiguous with the ocean, estuaries, & coastal lakes

• Significant wetlands whose quality is derived from coastal waters are “major marshes”

• Inventory and functional assessment steps same as for Goal 5

• Major marshes must be protected in plan; “uses” must be consistent with their natural values

Wetland Conservation Plans

• Alternative to Goal 5 or Goal 17 process

• Purposes include:– Comprehensive wetland plan that meets

diverse local needs; optional local permitting – Provides regulatory certainty for landowners,

unlike Goal 5/17 which only designates protection sites

– Provides better overall wetland management by providing context for permit decisions

WCP Elements

• Detailed LWI (higher standards)• Functional assessment of all wetlands• Analysis of historical wetland losses• Development of WCP goals• Designation of all wetlands into categories:

development, conservation or protection• Mitigation plan to cover planned impacts• Policies & implementing ordinances• Monitoring plan