Or. Admin. Code § 629-625-0800

Current through Register Vol. 63, No. 12, December 1, 2024

Section 629-625-0800 - Construction in Wetlands

Avoid or minimize all road and landing construction near or within significant wetlands as described in OAR 629-680-0310, stream-associated wetlands, or wetlands greater than 0.25 acres in size. Where impacts are unavoidable, operators must first minimize impacts and then mitigate for them in the following priority order options (1) through (4) of this rule:

(1) Operators shall avoid impacts to significant wetlands, stream-associated wetlands, and other wetlands greater than 0.25 acres in size by selecting the least environmentally damaging landing location, road location and road length. Operators must attempt to minimize road length when avoiding wetlands.

(2) When road or landing construction in a significant wetland, stream-associated wetland, or other wetlands greater than 0.25 acres in size cannot be avoided, the operator shall build a temporary road or landing that:

(a) Minimizes impacts by reducing the subgrade width, fill acreage, and spoil areas; and

(b) Removes temporary fills or road sections upon the completion of the project.

(3) Permanent road construction in a significant wetland, stream-associated wetland, or other wetlands greater than 0.25 acres in size, operators must mitigate impacts by:

(a) Reducing or eliminating impacts over time by preserving or maintaining areas; or

(b) Replacing affected areas by creating new wetlands or enhancing existing wetlands.

(4) Filling or draining more than 0.25 acres of a significant wetland, any stream-associated wetland, or other wetlands greater than 0.25 acres in size requires the operator to replace by substitution or enhance the road or landing construction site for the lost wetland functions and values. The objective of successful replacement by substitution of lost wetland area is approximately on a two-for-one basis and of the same type and in the same general location. The objective of enhancing wetland function is to provide for an equivalent amount of function and values to replace that which is lost.

(5) The department shall publish Forest Practices Technical Guidance to assist operators with rule compliance and to explain how to avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state.

Or. Admin. Code § 629-625-0800

DOF 7-2022, adopt filed 11/21/2022, effective 1/1/2024

Statutory/Other Authority: ORS 527.710, Section 2(1), Chapter 33, Oregon Laws 2022

Statutes/Other Implemented: ORS 527.715, 527.765, Section 2(2), Chapter 33, Oregon Laws 2022