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DEPARTMENT OF STATE LANDS

 

DIVISION 86

WETLAND CONSERVATION PLAN

141-086-0005

Definitions

For purposes of these rules, the definitions contained in ORS 196.800 apply. In addition, the following definitions apply:

(1) "Buffer Area" means a non-wetland area adjacent to wetlands or waters of the state that screens, shelters, protects or enhances the wetland or waterway resource value.

(2) "Deep Draft Development Estuary" means those estuaries designated as such under OAR Chapter 160, Division 17.

(3) "Fully Offset" means to replace all wetland functions and values proposed for development in a plan area by wetland creation, restoration or enhancement.

(4) "Inventory" means a map or series of maps and additional data showing wetland boundaries and conditions.

(5) "Mitigation Plan" means a written plan detailing the location, timing, type and methods to replace proposed wetland losses through creation, restoration or enhancement of wetland functions and values and the means to assure the long-term protection and maintenance, and monitoring of mitigation sites.

(6) "Monitoring Provisions" means a written plan that details the requirements and timing for monitoring and reporting wetland resources, functions and characteristics.

(7) "Practicable Alternatives" means those alternatives which are available and capable of being done, taking into consideration environmental, economic and social factors.

(8) "State Wetland Inventory" means an inventory which contains the location, wetlands types, and approximate boundaries of wetlands in the State of Oregon. This inventory is continually revised as additional information is received or obtained by the Division of State Lands.

(9) "Substantial Change in Circumstances" means any changes in law or physical conditions which would adversely affect the wetland resources of a plan area.

Stat. Auth.: ORS 196.692
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90; LB 6-1994, f. & cert. ef. 10-20-94

141-086-0010

Request for Approval

(1) When a local government has developed a proposed wetland conservation plan pursuant to ORS 196.678, it may request the Director to review and approve the plan. Approval requests shall be sent to the Director of the Division of State Lands.

(2) The approval request shall include:

(a) A letter or resolution from the governing body of the local government requesting review by the Division;

(b) Six copies of the wetland conservation plan, containing all information required by ORS 196.678(2), and including implementing ordinances or land use regulations, inventories and other factual information used in developing the plan. All maps of regulated wetlands shall be at a scale of 1" = 200' or larger;

(c) A list of all documents used in developing the wetland conservation plan that are not included with each plan copy due to excessive volume or size. This list shall include minutes and any "record of proceedings." The list shall briefly describe the contents of the items not included and identify where those items may be examined. The local government shall make such supporting documents available at hearings before the Director held pursuant to OAR 141-086-0025;

(d) The name and address of the person authorized to receive any and all correspondence from the Division; and

(e) A list of the names and addresses of all agencies, districts, and public or private citizen groups affected by or interested in the proposed wetland conservation plan.

(3) Upon receipt of an approval request, the Division shall review the request to determine that it contains the documents and information required by section (2) of this rule:

(a) If the request is complete, the Division shall commence review of the approval request pursuant to OAR 141-086-0025, prepare a proposed order pursuant to ORS 196.681(1)(b) and OAR 141-086-0012, and provide public notice of the opportunity for comment pursuant to OAR 141-086-0015;

(b) If the approval request is incomplete, the Division shall, within 14 days of receiving the request, notify the local government in writing of the specific requirements of section (2) of this rule that have not been met. The local government has 20 days from the receipt of such notice in which to provide the Division with this required information. If the local government fails to meet this deadline, the approval request will be considered to be withdrawn unless a request for extension has been granted by the Division prior to the deadline.

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90; DSL 2-2001, f. & cert. ef. 2-26-01

141-086-0012

Proposed Order

When the Director receives an approval request for a proposed wetland conservation plan as defined by ORS 196.687, the Director shall conduct an evaluation of the submitted plan and determine if the plan complies with the requirements of ORS 196.681 to 196.684 and OAR 141-120-0000 through 141-120-0230. The Director shall then prepare a proposed written order pursuant to ORS 196.681(1)(b).

Stat. Auth.: ORS 196.692
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90; LB 6-1994, f. & cert. ef. 10-20-94

141-086-0015

Notice of Opportunity for Comment

(1) The Division shall, in writing, provide notice of the opportunity for public comment on the proposed order, as required by ORS 196.681(1)(c). Such notice shall include the following:

(a) A map showing the area affected;

(b) A description of the city or county which would implement the plan;

(c) The location where the order may be inspected by the general public if a copy of the order has not been included with the notice;

(d) The location where additional information concerning the plan may be inspected; and

(e) The date by which public comments submitted to the Division must be received.

(2) Such notice shall be posted at the Division's office at 775 Summer Street in Salem and shall specifically be sent to the following:

(a) City or county planning office which submitted the approval request;

(b) Department of Agriculture;

(c) Department of Environmental Quality;

(d) Department of Fish and Wildlife;

(e) Department of Geology and Mineral Industries;

(f) Department of Land Conservation and Development;

(g) Economic Development Department;

(h) State Parks and Recreation Department;

(i) Water Resources Department;

(j) Oregon State Marine Board;

(k) Historic Preservation Office, Parks and Recreation Department;

(l) Affected neighborhood association(s);

(m) Corps of Engineers;

(n) Environmental Protection Agency;

(o) Federal Emergency Management Agency;

(p) National Marine Fisheries Service;

(q) U.S. Fish and Wildlife Service; and

(r) Any other agencies, associations or individuals who request notice.

(3) The Division shall also publish notice in a local paper of general circulation. Such notice shall contain a description of the area affected by the proposed plan and a statement that this area is being considered for a wetland conservation plan.

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 – ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90; DSL 2-2001, f. & cert. ef. 2-26-01

141-086-0020

Comments

(1) After notice has been provided pursuant to OAR 141-086-0015, there shall be a 30-day period for all interested persons to submit written comments to the Division or to request a public informational hearing. Such request for a hearing must be in writing and must state reasonable grounds for holding the hearing.

(2) The Director shall consider those comments and requests for hearing which are received by the Division within 30 days from the date notice is posted. At the Director's discretion, the Director may consider comments which are received after the 30-day comment period has expired. Also, if the Director holds a public informational hearing concerning the proposed order, the time allowed for public comment shall be extended up to and including the date upon which the hearing is held.

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90; DSL 2-2001, f. & cert. ef. 2-26-01

141-086-0021

Notice of Hearing

(1) At the Director's discretion, a public informational hearing may be held before issuing a final order on the approval request.

(2) If the Director decides to hold a public informational hearing, written notice of such hearing shall be given, as required by ORS 196.681(1)(c). Such notice shall be provided at least ten days before a hearing is held. Notice of hearing may be included with the notice of opportunity for public comment described in OAR 141-086-0015 or it may be provided separately after public comments have been received by the Division. Notice shall include the following:

(a) A map showing the area affected;

(b) A description of the city or county which would implement the plan;

(c) The location where additional information concerning the plan can be inspected by the general public; and

(d) The date, time and location of the hearing.

(3) Such notice shall be posted at the Division's office at 775 Summer Street in Salem and shall be specifically sent to the parties listed in OAR 141-086-0015(2) and to any additional parties who provided public comment as described in that same rule.

(4) The Division shall also publish notice of the hearing in a local paper of general circulation. Such notice shall contain a description of the area affected by the proposed plan and a statement that this area is being considered for a wetland conservation plan.

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90; DSL 2-2001, f. & cert. ef. 2-26-01

141-086-0022

Hearing

(1) If a public informational hearing is held, the hearings officer shall state the purpose of the hearing prior to submission of comments by members of the general public. The hearings officer shall take appropriate procedural steps to accomplish the purpose of the hearing.

(2) Interested persons may submit written or oral comments concerning the proposed order. Also, the hearings officer may request that specific persons submit written or oral comments concerning the proposed order.

(3) This public informational hearing is neither a contested case hearing nor a rulemaking hearing as defined in ORS Chapter 183.

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90

141-086-0025

Final Agency Decision

(1) Before making a final decision on the approval request, the Director shall review the entire proposed plan, as well as comments submitted in accordance with OAR 141-086-0020 and presented at hearing pursuant to OAR 141-086-0021. In reviewing the plan, the Director may also rely upon information that is not presented in the proposed plan or in submitted comments. The Director may review and develop additional information and may rely upon the Director's own knowledge.

(2) The results of this evaluation shall be set forth in a written order pursuant to ORS 196.681(6). Copies of the Director's order shall be sent to all parties listed in OAR 141-086-0015, all persons who submitted comments in accordance with OAR 141-086-0020, and all other persons who have requested a copy of the order orally or in writing.

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90

141-086-0030

Review of Wetland Conservation Plans

As described in ORS 196.684(9), an order by the Director regarding approval, amendment or review of a wetland conservation plan shall be reviewable by the Land Use Board of Appeals as a land use decision of a state agency.

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90

141-086-0035

Annual Report

If a wetland conservation plan is approved by the Division, the local government enacting the plan shall annually prepare a written report which addresses the current status of the plan. Such annual report shall be sent to the Director of the Division of State Lands. The first annual report must be received by the Division one year from the Division's issuance of the final order on the wetland conservation plan, as described in ORS 196.681(6). Each subsequent annual report shall be received by the Division during that same month every year thereafter.

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90; DSL 2-2001, f. & cert. ef. 2-26-01

141-086-0040

Amending a Wetland Conservation Plan

(1) When a local government has developed proposed amendments to a land use plan or ordinance, and such amendments will affect lands subject to a wetland conservation plan, the local government shall notify the Division pursuant to ORS 196.684. Notice shall be sent to the Director of the Division of State Lands.

(2) Such notice shall include:

(a) A letter or resolution from the governing body of the local government requesting review by the Division;

(b) Six copies of the proposed amendments to the land use plan, including implementing ordinances, related maps and other factual information used in developing the amended plan; and

(c) The information described in OAR 141-086-0010(2)(c) through (e).

(3) The Division shall review the notice for completeness as described in OAR 141-086-0010(3).

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90; DSL 2-2001, f. & cert. ef. 2-26-01

141-086-0045

Notice of Opportunity for Comment on Amendments

The Division shall, in writing, provide notice of the opportunity for public comment on proposed amendments to a wetland conservation plan, as required by ORS 196.684(3). Such notice shall be as described in OAR 141-086-0015 and comments must be submitted as described in OAR 141-086-0020.

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90

141-086-0050

Hearing on Amendments

At the Director's discretion, a public informational hearing may be held before taking final action on proposed amendments to a wetland conservation plan. Notice of such hearing, required by ORS 196.684(3), shall be given as described in OAR 141-086-0021. Such hearing shall be held as described in OAR 141-086-0022.

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90

141-086-0055

Final Agency Decisions on Amendments

(1) The Director shall evaluate proposed amendments to a land use plan and issue an order in the manner described in OAR 141-086-0025.

(2) In issuing an order, the Director shall also follow the procedure described in ORS 196.684(4) and (5).

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90

141-086-0060

Periodic Agency Review of Wetland Conservation Plans

(1) The Division shall review each approved wetland conservation plan every five years, as required by ORS 196.684(6).

(2) The Director shall, in writing, provide notice of the opportunity for public comment on the plan, as required by ORS 196.684(7). Such notice shall be given as described in OAR 141-086-0015.

(3) At the discretion of the Director, a public informational hearing concerning the plan may be held. Such notice, as required by ORS 196.684(7), shall be given as described in OAR 141-086-0021. Such hearing shall be held as described in OAR 141-086-0022.

(4) Public comments concerning the plan should address the criteria set forth in ORS 196.684(7).

Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS 196.668 - ORS 196.692
Hist.: LB 4-1990, f. & cert. ef. 11-7-90

141-086-0100

Duty to Notify of Proposed Activities Within Wetlands

(1) The city or county shall notify the Division of applications proposed within wetlands, as required by ORS 215.418 and 227.350, by delivering a completed "Wetland Land Use Notification Form" for each proposed application to the Division of State Lands.

(2) The Division's response to a submitted notification form, under ORS 215.418(3) and 227.350(3), shall be sent by the Division to the reporting city or county, the landowner, and the applicant of the proposed activity.

[ED. NOTE: The Form referenced in this rule is available from the agency.]

Stat. Auth.: ORS 196.800 – 196.990, 215& 227
Stats. Implemented: ORS 196.668 - 196.692
Hist.: LB 10-1991, f. & cert. ef. 11-15-91; DSL 2-2001, f. & cert. ef. 2-26-01

Local Wetlands Inventory (LWI) Standards and Guidelines

141-086-0180

Purpose

Pursuant to ORS 196.674 pertaining to the Statewide Wetlands Inventory (SWI), these rules establish a system for uniform wetland identification and comprehensive mapping. These rules also establish wetlands inventory standards for cities or counties developing a wetland conservation plan (WCP) pursuant to ORS 196.678. A Local Wetlands Inventory (LWI) is developed for all or a portion of a city or county according to the standards and guidelines contained in these rules (OAR 141-086-0180 through 141-086-0240).

Stat. Auth.: ORS 196.674 – 196.681 & 196.692
Stats. Implemented: ORS 196.668 – 196.692
Hist.: 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

141-086-0185

Applicability

(1) Once approved by the Department of State Lands (Department), the LWI must be used in place of the National Wetlands Inventory (NWI) and is incorporated into the SWI.

(2) The approved LWI must be used by cities and counties in lieu of the NWI for notifying the Department of land use applications affecting mapped wetlands and other waters (ORS 215.418 and 227.350).

(3) An LWI fulfills the wetlands inventory requirements for Goal 5 and Goal 17 (OAR 660-015 and 660-023). An LWI that meets the additional WCP requirements specified in these rules must be used as the wetlands inventory basis for a WCP.

(4) A wetland function and condition assessment of mapped wetlands must be conducted as part of the LWI using the Oregon Freshwater Wetland Assessment Methodology (OFWAM) published by the Department in 1996. An equivalent functional assessment methodology may be used or adjustments may be made to OFWAM upon written approval by the Director. The assessment results are used to determine the relative quality (functions, values, and condition) of the mapped wetlands and to designate significant wetlands (OAR 141-086-0300 through 141-086-0350) as required for Goal 5, or to assess wetland functions and values for a WCP.

(5) An LWI is used by the Department, other agencies and the public to help determine if wetlands or other waters are present on particular land parcels.

(6) An LWI provides information for planning purposes on the location of potentially regulated wetlands and other waters such as lakes and streams, but is not of sufficient detail for permitting purposes under the state Removal-Fill Law (ORS 196.800 through 196.990). Smaller wetlands may not be mapped, and wetlands may be missed due to lack of onsite access, tree canopy cover and other constraints. A wetland delineation or determination report may be needed for parcels without LWI-mapped wetlands. A Department-approved wetland delineation report for wetlands identified in an LWI is usually needed prior to site development.

(7) All wetlands inventory procedures and products are subject to review and approval by the Department before the products:

(a) Are incorporated into the SWI;

(b) Can be used in lieu of the NWI for Wetland Land Use Notification purposes; or

(c) Can be used by a city or county for Goal 5, Goal 17 or WCP purposes.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 196.674 - 196.681 & 196.692
Stats. Implemented: ORS 196.668 - 196.692
Hist.: LB 11-1991, f. & cert. ef. 11-15-91; LB 9-1994, f. & cert. ef. 12-15-94, Renumbered from 141-086-0190(1) & (4); DSL 2-2001, f. & cert. ef. 2-26-01; DSL 11-2008, f. 12-12-08, cert. ef. 1-1-09

141-086-0200

Definitions

(1) "Cowardin class or subclass" means the wetland classification according to the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States, Cowardin et al., 1979.

(2) "Director" means the Director of the Oregon Department of State Lands or designee.

(3) "Department" means the Oregon Department of State Lands.

(4) "Georeferenced" means linking geographic data to known coordinates on the surface of the earth.

(5) "GIS" or "Geographic Information System" means a system of hardware, software and data storage that allows for the analysis and display of information that has been geographically referenced.

(6) "HGM class and subclass" means the hydrogeomorphic classification of the wetland based upon its landscape position and hydrology characteristics, according to the HGM classification developed by the Department.

(7) "Indicator" means the soil, vegetation, and hydrology characteristics or other field evidence that indicate that wetlands are present.

(8) "Inventory" means a systematic survey of an area to identify, classify and map the approximate boundaries of wetlands, and includes the supporting documentation required by these rules.

(9) "Mapping" means representing the identified wetlands and their approximate boundaries on a map.

(10) "Offsite Determination" means a wetland determination conducted without field verification using NWI maps, soils maps, and aerial photographs.

(11) "Other Waters" means waters of the state other than wetlands, such as streams and non-vegetated ponds.

(12) "Probable Wetland" or “PW” means an area noted during the course of LWI development that appears to meet wetland criteria but is less than one half of an acre in size or is small and of undetermined size, and is mapped as a point rather than a polygon on the LWI maps.

(13) "Sample Plot" means a specific area on the ground where soils, vegetation and hydrology data are recorded on a field data form per OAR 141-90-0035(14) in order to make a wetland determination.

(14) "Statewide Wetlands Inventory" or "SWI" means an inventory that contains at minimum the location, type (e.g. classification) and approximate extent of wetlands in the State of Oregon. This inventory is continually revised as additional information is received or obtained by the Department.

(15) "Stream" means a watercourse created by natural processes, or one that would be in a natural state if it were not for human-caused alterations. Stream includes a channelized or relocated stream.

(16) “Visually confirm” or “visual confirmation” means to walk over and/or visually check an area to make a wetland determination and map wetlands and other waters.

(17) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (ORS 196.800(16)).

(18) "Wetland Delineation Report" means a written document that contains the methods, data, conclusions and maps used to determine if wetlands and/or other waters of the state are present on a land parcel and, if so, describes and maps their location and geographic extent. A wetland determination report documenting wetland presence or absence is included within this definition (OAR 141-090 et seq.).

(19) "Wetland Determination" means a decision that a site may, does, is unlikely to, or does not contain wetlands. A determination does not include the precise location or boundaries of any wetlands determined to be present (OAR 141-090 et seq).

(20) "Wetland Mosaic" means a complex of several wetlands that are interspersed between areas of non-wetland each less than one half of an acre in size, or less than one tenth of an acre in size for a WCP, making them difficult to map.

Stat. Auth.: ORS 196.674 - 196.681 & 196.692
Stats. Implemented: ORS 196.668 - 196.692
Hist.: 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

141-086-0210

Inventory Development Process and Standards

(1) Wetland determinations conducted for the purpose of developing the LWI must be conducted according to the criteria, methodologies and guidance currently accepted by the Department (OAR 141-090 et seq.).

(2) Sources of inventory information must include:

(a) U.S.D.A. Natural Resources Conservation Service county soil survey and county list of hydric soils and soils with hydric inclusions, or other available soil surveys;

(b) NWI maps;

(c) USGS topographic maps;

(d) Federal Emergency Management Act floodplain maps, where available;

(e) Other available local wetlands inventories or wildlife habitat inventories that include wetlands;

(f) Department wetland determination/delineation files; and

(g) High resolution (1 meter or finer) color and color infrared (where available) aerial photos taken within five years of inventory initiation. The minimum photo scale must be 1 inch = 200 feet unless another scale is approved by the Department.

(3) Sources of inventory information may include but are not limited to:

(a) LIDAR (Light Detection and Ranging) topographic data;

(b) Irrigation drainage district maps;

(c) Local knowledge of area (e.g., residents);

(d) Oregon State University Institute for Natural Resources Oregon Explorer data;

(e) Department permit files; and

(f) Resource agencies, including the Oregon Department of Fish and Wildlife and U.S. Fish and Wildlife Service.

(4) Before beginning fieldwork, prepare a field map using an aerial photograph and include the approximate location of:

(a) Any wetlands, deepwater habitats, and streams from the NWI;

(b) Any wetlands from the Department's wetland determination/delineation files or from other inventories;

(c) Hydric soils and soils with hydric inclusions (each coded separately);

(d) Wetlands or potential wetlands identified on aerial photos;

(e) Sites to visually confirm based on other leads; and

(f) Properties where access was granted.

(5) Aerial photo interpretation must be tested early in the inventory process by interpreting several wetland types, ground truthing the interpretations, and then completing the aerial photo interpretations.

(6) The local government must be responsible for requesting property access permission from landowners in the study area for parcels identified by inventory staff and/or the Department as possibly containing wetlands.

(7) All potential wetlands that are not assessed with a sample plot and other waters identified through the process described in OAR 141-086-0210(1) through (4) must be visually confirmed to the extent practicable.

(8) Where property access is granted, sample plot data must be provided according to the following minimum standards:

(a) Verify each wetland with at least one sample plot that best characterizes the wetland;

(b) Verify with at least one sample plot each potential wetland where land use activities such as ditching, water diversion, or agricultural practices are likely to have significantly altered site conditions, making observations from a distance or a site walk-over unreliable; and

(c) Verify with at least one-sample plot potential wetlands with unreliable indicators (e.g., one dominant plant that grows in both wetlands and non-wetlands, such as Phalaris arundinacea).

(9) If the LWI will be used for a WCP, in addition to the requirements in OAR 141-086-0210(7) and (8), a minimum of one sample plot must be provided that best characterizes each dominant wetland plant community.

(10) If the landowner denies access permission and if visual confirmation from an adjacent property or road is not possible, employ off-site wetland determination methods.

(11) All wetlands greater than or equal to one half of an acre and all wetlands identified in a Department-approved wetland delineation report must be identified and mapped as polygons. Wetlands that are less then one half of an acre may be mapped as polygons or as probable wetlands. Probable wetlands must be represented as points on the appropriate parcel(s) and should be labeled as "PW” on the maps. No further characterization or assessment is required for probable wetlands in the LWI. Probable wetlands will trigger cities and counties to notify the Department of proposed land use activities affecting mapped wetlands and other waters (ORS 215.418 and 227.350). For a WCP, all wetlands one-tenth acre and larger shall be identified and mapped as polygons.

(12) The aim of the LWI is to map the location of wetlands at an accuracy of approximately 5 meters (16.4 feet). However, the actual accuracy may be less for some wetlands such as seasonal or forested wetlands that could not be visually confirmed.

(13) Each wetland must be assigned a unique identification code.

(14) All previously delineated wetlands from the Department’s files must be field-verified, if possible, to determine if wetlands are still present and are approximately the same size and configuration as when delineated.

(15) All identified wetlands must be classified:

(a) To the class level of Cowardin (and to subclass for scrub-shrub and forested classes) and must include water regime and special modifiers (e.g., "farmed" or "diked/impounded); and

(b) By dominant HGM class and subclass.

(16) When a wetland contains more than one adjoining Cowardin classification, different classes or subclasses greater than 0.25 acres in size must be mapped and labeled as separate polygons.

(17) Artificially created wetlands or other waters (such as irrigation canals and drains, industrial ponds, log ponds, golf course features, and storm water detention ponds that are greater than one half of an acre in size) must be included in the inventory regardless of their jurisdictional status, and their original purpose must be labeled on the inventory maps.

(18) Where a wetland mosaic occurs, the site must be labeled as a wetland/upland mosaic on all inventory maps and so described on the wetland summary sheet.

(19) Streams and other waters must be mapped, but no further documentation such as wetland summary sheets or OFWAM assessment is required. If an existing stream geospatial dataset is used, it may be necessary to adjust the layer to align with riparian or other linear wetlands.

(20) Using OFWAM, each wetland in its entirety must be assessed for all four ecological functions: water quality, hydrologic control, wildlife habitat and fish habitat. Any wetlands that may qualify as a Locally Significant Wetland due to education or recreation use must also be evaluated for those social functions (values) in OFWAM. The remaining functions and conditions in OFWAM do not need to be applied to any of the wetland assessment units. Contiguous wetlands or those in close proximity and assigned different codes may be grouped into a single OFWAM assessment unit based upon the guidance in OFWAM and/or in consultation with the Department.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 196.674 - 196.681 & 196.692
Stats. Implemented: ORS 196.668 - 196.692
Hist.: 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

141-086-0220

LWI Reports

(1) A report that meets the requirements in OAR 141-086-0220 (2) and (3) must be developed and submitted to the Department for approval. A minimum of two sets of the final Department-approved LWI report in both paper and electronic format (.pdf file format) must be prepared; one set must be provided to the Department for inclusion in the SWI and the other must be provided to the local government.

(2) The report must document the inventory and mapping processes and results, and include the following information:

(a) A general description of the study area including a description of the landscape setting;

(b) A description of the wetland inventory process including the public involvement process; the inventory methods including the date(s) and scale(s) of source maps and aerial photos used; the offsite and onsite wetland determination procedures including procedures used for visual confirmation and probable wetland identification; and all mapping and map transfer procedures used;

(c) A summary of the inventory results including the total acreage of the study area and the total number and acreage of wetlands identified within the study area, excluding the acreage of deepwater habitat and artificially created wetlands such as detention ponds or aggregate extraction ponds;

(d) A discussion of the OFWAM assessment process (e.g. how assessment units were defined) and the results;

(e) A summary of Locally Significant Wetlands, if identified (may be in table format); and

(f) All figures, with the study area clearly outlined.

(3) Appendices must include:

(a) Sample plot data on standard field data forms per OAR 141-090 et seq.

(b) A summary sheet for each wetland that must at a minimum include:

(A) The unique wetland code;

(B) Street address or equivalent location description;

(C) Township, Range, Section, Quarter Quarter Section and tax lot(s) that contain the mapped wetland;

(D) Approximate wetland size (in acres);

(E) Cowardin classification(s);

(F) HGM classification(s);

(G) Mapped soil unit(s);

(H) Watershed boundaries at the 6th field Hydrologic Unit Code scale as defined by the US Geological Survey or finer;

(I) Sample plot numbers, if any;

(J) Department wetland determination or delineation file numbers, where applicable;

(K) Scientific and common names of dominant plant species;

(L) Primary hydrology sources;

(M) Sampling or visual confirmation date(s) and method;

(N) Locally Significant Wetland determination, if made; and

(O) Comments that describe the wetland, including topographic position, land uses and significant alterations (including agricultural).

(c) OFWAM assessment results for each wetland assessment unit that must include:

(A) Wetlands of Special Interest for Protection (OFWAM, Chapter Five);

(B) Wetland Characterization results (OFWAM, Appendix B);

(C) Assessment results represented in table format;

(D) Answer sheets for all wetland assessment questions (OFWAM, Appendix C);

(E) Function and condition summary sheets for fish habitat, wildlife habitat, water quality, hydrologic control and, if applicable, education and recreation (OFWAM, Appendix C); and

(F) Watershed summary sheet (OFWAM, Appendix C).

(d) Technical staff members and qualifications.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 196.674 - 196.681 & 196.692
Stats. Implemented: ORS 196.668 - 196.692
Hist.: 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

141-086-0222

Paper Map Standards

(1) Maps that meet the requirements in OAR 141-086-0222(2) through (5) must be developed and submitted to the Department for approval. A minimum of two sets of the final Department-approved LWI maps in both paper and electronic format (.pdf file) must be prepared; one set must be provided to the Department for inclusion in the SWI and the other must be provided to the local government.

(2) If the study area is covered by more than one wetland map, a single, smaller scale reference map of the complete study area is required. The reference map shall be indexed to the individual, large-scale maps and show, at a minimum, the Public Land Survey System grid, the location and code of all identified wetlands, streams, the study area boundary, and major, named streets.

(3) Wetland maps must include:

(a) Map name;

(b) Scale bar;

(c) Geographic reference to the Public Land Survey System;

(d) Roads, with major roads named, and railroads;

(e) Streams and stream names;

(f) Artificially created wetlands and other waters labeled with their purpose (e.g. storm water pond);

(g) Tax lot lines;

(h) Watershed boundaries at the 6th field Hydrologic Unit Code scale as defined by the US Geological Survey or finer;

(i) Legend that explains all map symbols, line work, and patterns;

(j) Map date (month and year final map prepared);

(k) All wetlands, clearly and accurately drawn and clearly identified by a unique wetland code that relates each wetland to field data forms, tables, databases, wetland summary sheets, and OFWAM summary forms;

(l) Cowardin classification(s) of each wetland per 141-086-0210(15a & 16);

(m) Disclaimer that reads: "Information shown on this map is for planning purposes, represents the conditions that exist at the map date, and is subject to change. The location and extent of wetlands and other waters is approximate. There may be unmapped wetlands and other waters present that are subject to regulation. A current Oregon Department of State Lands-approved wetland delineation is required for state removal-fill permits. You are advised to contact the Department of State Lands and the U.S. Army Corps of Engineers with any regulatory questions."

(n) Numbered sample plots; and

(o) Study area boundary as defined by the local government.

(4) Minimum map scale must be 1 inch = 200 feet (1:2,400).

Stat. Auth.: ORS 196.674 - 196.681 & 196.692
Stats. Implemented: ORS 196.668 - 196.692
Hist.: DSL 11-2008, f. 12-12-08, cert. ef. 1-1-09

141-086-0225

Digital Data Standards

(1) A minimum of two sets of the final Department-approved LWI geospatial datasets must be prepared; one set must be provided to the Department for inclusion in the SWI and the other must be provided to the local government.

(2) A georeferenced ArcGIS compatible dataset with attribute tables and metadata must be developed for each of the following:

(a) Wetland polygons with a unique wetland identification label, Cowardin classification code(s) and modifiers, HGM classification, approximate wetland size, Locally Significant Wetland significance determination (if made), whether it was visually confirmed, and the Department's wetland delineation report file number, if any.

(b) Probable wetland points with PW label;

(c) Streams with unique identification labels and, where available, names;

(d) Other natural bodies of water with names;

(e) Artificially created wetlands and water features (such as irrigation canals and ditches, industrial ponds, log ponds, golf course features, and storm water detention ponds) uniquely identified and purpose of artificially-created feature, if known;

(f) Watershed boundaries (6th order Hydrologic Unit Code scale or finer);

(g) Study area boundary;

(h) Tax lot lines and numbers;

(i) Sample plot dataset with unique identification labels that correspond to the field data form; and

(j) Major streets with name labels.

(3) All georeferenced data sets must be projected using the Oregon Geographic Information Council-endorsed state standard: Oregon Lambert conformal conic (Datum: NAD 83; Units: International feet: 3.28084; Spheroid: GRS1980).

(4) Metadata must be completed for each layer, conform to the current Oregon Geographic Information Council Metadata Standard, and must include a disclaimer as described in OAR 141-086-0222(3m).

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 196.668 - 196.686 & 196.692
Hist.: DSL 2-2001, f. & cert. ef. 2-26-01; DSL 11-2008, f. 12-12-08, cert. ef. 1-1-09

141-086-0228

Review and Approval Process

(1) A draft of all the LWI products required in OAR 141-086-0210 through -0225 of these rules must be provided to the Department (if the inventory was not developed by the Department) and the local government(s) for review.

(2) The local government must provide opportunity for public review of and comment on the draft LWI products.

(3) Public and local government comments on draft LWI products must be provided to the Department. The Department will request in writing from the party responsible for preparing the LWI any revisions or additions required in order for the LWI to be approved.

(4) The Department will review final products to ensure that all changes requested by the Department have been adequately addressed.

(5) If the final LWI products meet the requirements in these rules, the Department will send a letter of approval to the local government.

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 196.668 - 196.686 & 196.692
Hist.: DSL 2-2001, f. & cert. ef. 2-26-01; DSL 11-2008, f. 12-12-08, cert. ef. 1-1-09

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.

Stat. Auth.: ORS 196.674 - 196.681 & 196.692
Stats. Implemented: ORS 196.668 - 196.692
Hist.: 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

141-086-0240

Landowner Notification

(1) When the LWI is approved by the Department, the local jurisdiction must notify by mail within one hundred twenty (120) calendar days all landowners of record whose parcel contains or abuts a mapped wetland or probable wetland.

(2) The local jurisdiction must provide one copy of the landowner notification letter to the Department.

Stat. Auth.: ORS 196.674 - 196.681 & 196.692
Stats. Implemented: ORS 196.668 - 196.692
Hist.: 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

Identifying Significant Wetlands

141-086-0300

Purpose

ORS 197.279 (3) directs the Division of State Lands to establish these criteria and procedures for the identification of significant wetlands under Statewide Planning Goal 5. Local governments will use these technical standards to complete their planning responsibilities for wetlands, which are established by the Land Conservation and Development Commission (OAR 660-023-0100).

Stat. Auth.: ORS 273 .360
Stats. Implemented: ORS 197.299
Hist.: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97

141-086-0310

Policy

To protect the state's wetland resources, the functions and services they provide, and all interests, it is important that clear and consistent criteria be used to identify significant wetlands for planning purposes.

Stat. Auth.: : ORS 273 .360
Stats. Implemented: ORS 197.299
Hist.: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97

141-086-0320

Uses and Applicability

(1) These rules provide standard criteria for local governments to use to meet their obligations for freshwater wetland planning as set forth by the Land Conservation and Development Commission (LCDC) in Goal 5. These rules do not address planning requirements for estuarine wetlands, which are covered under Statewide Planning Goal 16.

(2) Local governments shall apply the criteria for identifying locally significant wetlands (LSW). As specified in LCDC's Goal 5 rules (OAR 660-023-0100), the use of these criteria is required within urban growth boundaries (UGBs) and urban unincorporated communities (UUCs). The Goal 5 rules also authorize an option for counties to conduct detailed wetland planning in areas outside of UGBs and UUCs. Should a county choose to do so, the same rules and procedures as for UGBs and UUCs shall apply, including these criteria for significant wetlands.

(3) As provided by LCDC's Goal 5 rules (OAR Chapter 660, Division 23), local government planning and zoning responsibilities include the determination, designation, and protection of significant wetlands. A community that has identified significant wetlands prior to this rule should proceed under the provisions of OAR 660-023-0250.

Stat. Auth.: ORS 273 .360
Stats. Implemented: ORS 197.299
Hist.: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97

141-086-0330

Definitions

(1) "Director" means the Director of the Division of State Lands or the Director's designee.

(2) "Division" means the Division of State Lands.

(3) "Indigenous Anadromous Salmonids" are chum, sockeye, Chinook and Coho salmon, and steelhead and cutthroat trout, that are members of the family Salmonidae and are listed as sensitive, threatened or endangered by a state or federal authority.

(4) "Inhabited by" means that a plant or animal species uses the site for rearing, feeding, or breeding or as a migration or dispersal corridor. This does not include incidental use of the site by an animal species.

(5) "Locally Significant Wetlands" or "LSW" are those wetland sites that provide functions or exhibit characteristics that are pertinent to community planning decisions made at a local scale, for example within a UGB. These wetland sites shall be identified by local governments according to the criteria and procedures in sections 141-086-0340 and 141-086-0350.

(6) "Native Plant Community" is used here to indicate a recognized assemblage of plant species indigenous to Oregon. All such wetland plant communities are listed in the most recent version of Classification and Catalog of Native Wetland Plant Communities in Oregon (Oregon Natural Heritage Program).

(7) "Rare Plant Community" is defined as relictual, uncommon or unique in Oregon, determined by number of occurrences and threats following national heritage program criteria (i.e., rarity ranking of G1-G3 or S1-S3). The most concise listing of wetland plant communities in Oregon that meet this standard for rarity is found in Appendix G of the Oregon Freshwater Wetland Assessment Methodology (Oregon Division of State Lands, 1996). The rarity rank of all wetland plant communities is also listed in the most recent version of Classification and Catalog of Native Wetland Plant Communities in Oregon (Oregon Natural Heritage Program).

(8) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Stat. Auth.: ORS 273 .360
Stats. Implemented: ORS 197.299
Hist.: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97

141-086-0340

Procedures for Identifying Locally Significant Wetlands

(1) LSW criteria are applied by the local government.

(2) The following base information is required prior to applying the LSW criteria:

(a) An approved Local Wetlands Inventory (OAR 141-086-0110 through 141-086-0240) covering the plan area; and

(b) A function and quality assessment of all inventoried wetlands using the Oregon Freshwater Wetland Assessment Methodology (OFWAM; Oregon Division of State Lands, 1996). Functional assessment descriptors from OFWAM appear in quotation marks in section 146-086-0350 of these rules. An equivalent functional assessment methodology may be used, or adjustments may be made, upon written approval by the Director. If a different assessment methodology is approved, then equivalent terminology will be set out in the Division's letter of approval.

Stat. Auth.: ORS 273 .360
Stats. Implemented: ORS 197.299
Hist.: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97

141-086-0350

Locally Significant Wetland Criteria

(1) Exclusions. Regardless of their standing in relation to the criteria in OAR 141-086-0350(2) or (3) of these rules, wetlands shall not be designated as locally significant if they fall within any one of the following categories:

(a) Wetlands artificially created entirely from upland that are:

(A) Created for the purpose of controlling, storing, or maintaining stormwater; or

(B) Active surface mining or active log ponds; or

(C) Ditches without a free and open connection to natural waters of the state (as defined in OAR 141-085-0010(9)) and which do not contain food or game fish (as defined in ORS 496.009); or:

(D) Less than one acre in size and created unintentionally as the result of:

(i) Irrigation water overflow or leakage; or

(ii) Construction activity not related to compensatory mitigation for permitted wetland impacts; or

(E) Of any size and created for the purpose of wastewater treatment, cranberry production, farm or stock watering, settling of sediment, cooling industrial water, or as a golf course hazard.

(b) Wetlands or portions of wetlands that are contaminated by hazardous substances, materials or wastes as per the following conditions:

(A) The wetland is documented as contaminated on either the U.S. Environmental Protection Agency's (EPA) National Priority List (NPL, also known as the "superfund list"), or the Department of Environmental Quality's (DEQ) Inventory of Hazardous Substance Sites (ORS 465.225).

(B) Only the portion of the wetland affected by such hazardous substances or wastes shall be excluded from the LSW analysis. Affected portions shall be delineated in consultation with EPA and DEQ, and shall include areas potentially disturbed by clean-up activities.

(C) Contaminated wetlands that have subsequently been removed from the NPL or DEQ Inventory following clean-up shall be re-evaluated under the LSW criteria at the next periodic review.

(2) Mandatory LSW Criteria. A local government shall identify a wetland as locally significant if it meets one or more of the following criteria:

(a) The wetland performs any of the following functions at the levels indicated below using the Oregon Freshwater Wetland Assessment Methodology:

(A) "Diverse" wildlife habitat; or

(B) "Intact" fish habitat; or

(C) "Intact" water quality function; or

(D) "Intact" hydrologic control function.

(b) The wetland or a portion of the wetland occurs within a horizontal distance less than one-fourth mile from a water body listed by the Department of Environmental Quality as a water quality limited water body (303 (d) list), and the wetland's water quality function is described as "intact" or "impacted or degraded" using OFWAM. The 303(d) list specifies which parameters (e.g., temperature, pH) do not meet state water quality standards for each water body. A local government may determine that a wetland is not significant under this subsection upon documentation that the wetland does not provide water quality improvements for the specified parameter(s).

(c) The wetland contains one or more rare plant communities, as defined in this rule.

(d) The wetland is inhabited by any species listed by the federal government as threatened or endangered, or listed by the state as sensitive, threatened or endangered, unless the appropriate state or federal agency indicates that the wetland is not important for the maintenance of the species.

(A) The use of the site by listed species must be documented, not anecdotal. Acceptable sources of documentation may include but are not limited to: field observations at the wetland sites during the local wetlands inventory and functional assessments, and existing information on rare species occurrences at agencies such as the Oregon Natural Heritage Program, Oregon Department of Fish and Wildlife, Oregon Department of Agriculture and the U.S. Fish and Wildlife Service.

(B) Input originating from other locally knowledgeable sources constitutes "documentation" if verified by one of the above agencies or a university or college reference collection.

(e) The wetland has a direct surface water connection to a stream segment mapped by the Oregon Department of Fish and Wildlife as habitat for indigenous anadromous salmonids, and the wetland is determined to have "intact" or "impacted or degraded" fish habitat function using OFWAM.

(3) Optional LSW Criteria. At the discretion of the local government, wetlands that meet one or more of the following criteria may be identified as locally significant wetlands:

(a) The wetland represents a locally unique native plant community: wetland is or contains the only representative of a particular native wetland plant community in the UGB/UUC, which is only applicable if the entire UGB/UUC is inventoried. To be identified as a LSW, such a wetland must also have been assessed to perform at least one of the following functions at the levels indicated below using OFWAM:

(A) Its wildlife habitat descriptor is either "provides diverse habitat", or "provides habitat for some wildlife species"; or

(B) Its fish habitat descriptor is either "intact", or "impacted or degraded"; or

(C) Its water quality function descriptor is either "intact", or "impacted or degraded"; or

(D) Its hydrologic control function descriptor is either "intact", or "impacted or degraded".

(b) The wetland is publicly owned and determined to "have educational uses" using OFWAM, and such use by a school or organization is documented for that site.

Stat. Auth.: ORS 273 .360
Stats. Implemented: ORS 197.299
Hist.: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97

141-086-0360

Purpose

Pursuant to ORS 197.279, 196.672 and 196.674, these rules establish procedures and criteria for identifying wetlands of statewide significance, called "outstanding state wetlands." These rules complement the rules for identifying locally significant wetlands (OAR 141-086-0300 through 141-086-0350).

Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS 197.279(3), ORS 196.672 & ORS 196.674
Hist.: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97

141-086-0370

Definitions

(1) "Classification" means the designation of wetlands into hydrogeomorphic classes and subclasses. For example, "riverine" would be one class of wetlands.

(2) "Director" means the Director of the Division of State Lands or the Director's designee.

(3) "Division" means the Division of State Lands.

(4) "Functional Assessment" means the process by which the capacity of a wetland to perform a certain function or group of functions is measured. Such functions would include but are not limited to: surface water storage, sediment removal, and maintenance of characteristic plant communities.

(5) The "Hydrogeomorphic Method" or "HGM" is a scientific method of wetland classification and functional assessment based on a wetland's location in the landscape and the sources and duration of water flow. The HGM approach identifies the wetland classes present in each region, defines the functions that each class of wetlands performs, and establishes reference sites to define the range of functioning of each wetland class.

(6) "Outstanding State Wetlands" or "OSWs" are reference standard wetlands identified within each Oregon region.

(7) "Reference Standard Wetlands" are one component of an HGM and, for the purposes of these rules, are those sites that best exhibit the highest sustainable level of functional capacity for the functions performed by the regional wetland class or subclass.

(8) "Region" means an ecosystem-based geographical subdivision of the state, such as the Level III and IV Ecoregions of Oregon (e.g., the Willamette Valley) mapped by the U. S. Environmental Protection Agency.

(9) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS 197.279(3), ORS 196.672 & ORS 196.674
Hist.: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97

141-086-0380

Applicability

(1) These rules set forth the criteria and procedures by which the Division will identify outstanding state wetlands and provide the information to local governments. Due to the state's interest in OSWs and the expertise required for their identification, the Division is responsible for applying these rules.

(2) The Land Conservation and Development Commission will determine any local land use planning responsibilities regarding OSWs identified by the Division.

(3) OSWs identified according to these rules become part of the Statewide Wetlands Inventory.

Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS 197.279(3), ORS 196.672 & ORS 196.674
Hist.: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97

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.

Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS 197.279(3), ORS 196.672 & ORS 196.674
Hist.: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97

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