Or. Admin. Code § 141-086-0230

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

Section 141-086-0230 - Revisions

(1) A city or county may elect to or may be required by the Department of Land Conservation and Development (DLCD) to revise their LWI. An LWI revision consists of either expanding the study area of an existing LWI or incorporating new wetland location and information into an existing LWI study area. The provisions in subsections (a) through (d) must be followed when an LWI is being revised.

(a) All Urban Growth Boundary expansion areas or other areas not included in the original LWI study area must be inventoried according to the requirements in these rules. If the original LWI area is not updated at the same time, it may still be necessary to update the LWI area adjacent to the new LWI area in order to align wetlands that are continuous between the two areas.

(b) When an LWI is being updated, newly identified wetlands or wetland boundary changes equal to or greater than one half of an acre must be identified, mapped and assessed using OFWAM.

(c) Sources of information for review of the previous study area to update the LWI must at a minimum include:

(A) Wetland delineation reports approved by the Department or map errors verified by the Department after the date of the approved LWI;

(B) Aerial photos approved by the Department, taken within five years of inventory revision initiation; and

(C) A field reconnaissance of the study area.

(d) Wetlands not previously mapped on the LWI must be verified by establishing a sample plot or by visual confirmation as required in OAR 141-086-0210(7) and (8) of this rule; previously mapped wetlands no longer apparent on aerial photos must also be verified with a sample plot or visually confirmed as necessary to confirm their absence.

(2) A draft of the revised LWI products as required in OAR 141-086-0228(1) through (5) must be provided to the Department and is subject to Department review and approval.

(3) If the LWI was used as the basis for an approved WCP, the local jurisdiction must instead:

(a) Provide to the Department, as part of the annual report (OAR 141-086-0035), a revised map and report indicating wetlands filled and wetlands restored, enhanced or created for mitigation; and

(b) Every five years, in conjunction with the Department's five year WCP review (ORS 196.684(6)), conduct an LWI review and incorporate new information, as required in OAR 141-086-0230(1)(b) through (1)(d).

(4) Newly-identified wetlands as identified by a Department-approved wetland delineation report or a removal-fill permit must not be added to the Department-approved Local Wetlands Inventory map without following the procedures outlined by OAR 141-086-0230(1)(a) through (d).

(5) Refinements to the location, extent, and/or absence of wetlands mapped on the LWI, as identified by a Department-approved wetland delineation or a Department wetland determination report, may be made at any time through an administerial process, by annotating the approved LWI or by creating a separate geospatial dataset containing the boundary adjustments, preserving the approved LWI mapping.

Or. Admin. Code § 141-086-0230

LB 11-1991, f. & cert. ef. 11-15-91; LB 9-1994, f. & cert. ef. 12-15-94; DSL 2-2001, f. & cert. ef. 2-26-01; DSL 11-2008, f. 12-12-08, cert. ef. 1-1-09

Stat. Auth.: ORS 196.674 - 196.681 & 196.692

Stats. Implemented: ORS 196.668 - 196.692