Or. Admin. Code § 141-086-0390

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-086-0390 - Criteria and Procedures

(1) A wetland shall be identified as an OSW if it is judged by the Division to be a reference standard wetland as defined in sections 141-086-0370(7).

(2) The Division may convene one or more technical panel(s) of wetland scientists with expertise in wetland functions, wetland classification, and/or regional wetland types in Oregon. The technical panel(s) will assist the Division in developing the hydrogeomorphic classification and functional assessment method (HGM) for Oregon, identifying the regional wetland classes and subclasses, primary functions, and reference standard wetlands. The Oregon HGM will be developed in stages, region by region, as resources allow. The Oregon HGM will be developed in cooperation with the Army Corps of Engineers, Environmental Protection Agency, Natural Resources Conservation Service, state resource agencies, and others as appropriate, and will incorporate protocols developed by the U.S. Army Corps of Engineers Waterways Experiment Station (for example, Technical Report WRP-DE-9, R. D. Smith et al., 1995).

(3) Prior to designating a reference standard wetland as an OSW, the Division shall:

(a) Identify and map site boundaries;

(b) Develop management recommendations to conserve and protect the documented wetland functions of the site;

(c) Develop draft findings describing how the site has met the standards for an OSW;

(d) Provide public notice on the draft findings to the local government, affected landowners and land managers and other interested parties, and provide a 45-day public comment period;

(e) Hold at least one public meeting within the area of the proposed OSW(s) during the comment period; and

(f) Finalize the findings and site boundaries after consideration of public comment.

(4) The Division shall provide all maps, criteria findings and supporting information regarding an identified OSW to the appropriate local government(s) for their use in land use planning activities.

Or. Admin. Code § 141-086-0390

LB 4-1997, f. 4-15-97, cert. ef. 5-1-97

Stat. Auth.: ORS 273 .045 & ORS 273 .051

Stats. Implemented: ORS 197.279(3), ORS 196.672 & ORS 196.674