Wetland Planning Requirements, Tools & Processes
Dec 18, 2015
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
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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