Or. Admin. R. 141-120-0160

Current through Register Vol. 63, No. 9, September 1, 2024

Section 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, the term "less damaging practicable alternative" means "less environmentally damaging practicable alternative".

Or. Admin. R. 141-120-0160

LB 6-1994, f. & cert. ef. 10-20-94

Stat. Auth.: ORS 196.692

Stats. Implemented: ORS 196.678 - ORS 196.692, ORS 215 & ORS 227.350