CCLME.ORG - DIVISION 86 WETLAND CONSERVATION PLAN
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Oregon Regulations
CHAP 141 DIVISION 86 WETLAND CONSERVATION PLAN


The Oregon Administrative Rules contain OARs filed through July 14, 2006

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



41-086-0015

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 ORS 196.990, ORS 215 & ORS 227
Stats. Implemented: ORS 196.668 - ORS 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 ORS 196.681 & ORS 196.692
Stats. Implemented: ORS 196.668 ORS 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

Uses

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

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

(3) A LWI fulfills the wetlands inventory requirements for Goal 5 and Goal 17 (OAR 660-023-0000 through 660-023-0250 and OAR 660-015-0010). A LWI that meets the additional WCP requirements specified in these rules shall be used as the wetlands inventory basis for a WCP.

(4) In order to designate significant wetlands (OAR 141-086-0300 through 141-086-0350) as required for Goal 5, or to assess wetland functions for a WCP, 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 Division in 1996. An equivalent functional assessment methodology may be used or adjustments may be made to OFWAM upon written approval by the Director.

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

141-086-0190

Policy

(1) A LWI provides good information for planning purposes on the location of potentially regulated wetlands and streams, but is generally not of sufficient detail for permitting purposes under the state Removal-Fill Law (ORS 196.800 through 196.990). A wetland delineation is usually needed prior to site development.

(2) Wetland determinations conducted for the purpose of developing the LWI shall be conducted according to the criteria, methodologies and guidance currently accepted by the Division.

(3) All wetlands inventory procedures and products are subject to review and approval by the Division 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.

Stat. Auth.: ORS 196.674 ORS 196.681 & ORS 196.692
Stats. Implemented: ORS 196.668 ORS 196.692
Hist.: LB 11-1991, f. & cert. ef. 11-15-91; LB 9-1994, f. & cert. ef. 12-15-94; Renumbered to 141-086-0185(1) & (4); DSL 2-2001, f. & cert. ef. 2-26-01

141-086-0200

Definitions

(1) "Coverage" means a set of digital data files that store a single layer or theme of geographic information such as roads or wetlands.

(2) "Cowardin Class" 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.

(3) "Director" means the Director of the Oregon Division of State Lands or designee.

(4) "Division" means the Oregon Division of State Lands.

(5) "Field-Verify" or "Field Verification" means to walk over and/or visually check an area to make a wetland determination and map wetlands. This may or may not include collecting sample plot data.

(6) "Georeference" or "Geographical Reference" means linking geographic data to known coordinates on the surface of the earth.

(7) "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.

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

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

(10) "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.

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

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

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

(14) "Possible Wetland" means an area noted during the course of LWI development that appears to meet wetland criteria but is too small to require its inclusion in the LWI.

(15) "Rectified" means correcting the scale variation and image displacement from aerial photos and similar imagery that results from ground relief and airplane tilt.

(16) "Sample Plot" means a specific area on the ground where soils, vegetation and hydrology data are recorded on a field data form in order to make a wetland determination.

(17) "Statewide Wetlands Inventory" or "SWI" means an inventory which contains the location, wetland 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.

(18) "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.

(19) "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)).

(20) "Wetland Delineation" means a determination of wetland presence that includes marking the wetland boundaries on the ground and/or on a detailed map prepared by professional land survey or similar accurate methods.

(21) "Wetland Determination" means identifying an area as wetland or non-wetland.

(22) "Wetland Mosaic" means a complex of several wetlands smaller than one-half (0.50) acres in size each, or less than one-tenth (0.10) acres in size for a WCP, that are interspersed between areas of non-wetland.

(23) "Wetland Boundary" means a line marked on a map that identifies the approximate wetland/non-wetland boundary.

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

141-086-0210

Inventory Development Process and Standards

(1) Sources of inventory information shall include:

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

(b) NWI maps;

(c) NRCS-certified wetland determinations, where available;

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

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

(f) Division wetland determination files; and

(g) Color and/or color infrared aerial photos, or other aerial photography approved by the Division, taken within five (5) years of inventory initiation. The minimum photo scale shall be 1 inch = 600 feet (1 inch = 200 feet for a WCP) unless another scale is approved by the Division.

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

(a) U.S. Department of Agriculture Farm Services Agency aerial color slides;

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

(c) Oregon Natural Heritage Program data;

(d) Division permit files; and

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

(3) Before beginning field verification, a field map such as an aerial photograph with a mylar overlay shall be prepared and shall include the approximate location of:

(a) Any wetlands and deepwater habitats (other waters) from the NWI;

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

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

(d) Wetlands or possible wetlands identified on aerial photos; and

(e) Sites to field-verify based on other leads.

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

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

(6) All probable wetlands, other waters and streams identified through the process described in OAR 141-086-0210(1) through (3) of these rules shall be field-verified.

(7) Sample plot data shall be provided according to the following minimum standards:

(a) At least one (1) sample plot that best characterizes each wetland or each portion of a wetland that has a distinctly different character (e.g., different landscape position, land use and Cowardin classification);

(b) Verify any uncertain wetland/non-wetland boundaries with paired sample plots;

(c) Verify with at least one (1) sample plot each probable 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

(d) Verify with at least one (1) sample plot probable wetlands with unreliable indicators (e.g., one dominant plant that grows in both wetlands and non-wetlands, such as Phalaris arundinacea).

(8) If the LWI will be used for a WCP, in addition to the requirements in OAR 141-086-0210(6) and (7), a minimum of one (1) sample plot shall be provided that best characterizes each dominant wetland plant community.

(9) If the landowner denies access permission, employ off-site wetland determination methods and map those areas as wetland that appear to have wetland indicators.

(10) All wetlands one-half (0.5) acre and larger shall be identified and mapped. For a WCP, all wetlands one-tenth (0.10) acre and larger shall be identified and mapped.

(11) Each wetland shall be assigned a unique identification code. Contiguous wetlands assigned different codes may be grouped into a single OFWAM assessment unit based upon the guidance in OFWAM and/or in consultation with the Division.

(12) All previously delineated wetlands from the Division's files shall be field-verified, if possible, to determine if wetlands are still present and are approximately the same size and configuration as when delineated.

(13) All identified wetlands shall be classified:

(a) To Cowardin "class" level including special modifiers (i.e., "farmed" or "excavated"); and

(b) By dominant HGM class and subclass.

(14) When a wetland contains more than one (1) adjoining Cowardin classification, the minimum wetland class which must be differentiated shall be one-half (0.5) acre.

(15) Artificially created wetlands or other waters (such as a stormwater detention pond) shall be included in the inventory regardless of their jurisdictional status, and their purpose shall be labeled on the inventory maps.

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

(17) Streams shall be mapped, but no further documentation such as wetland summary sheets (OAR 141-086-0220(6)) or OFWAM assessment (OAR 141-086-0220(7) is required.

(18) Possible wetlands noted during inventory development shall be mapped as point data on the appropriate parcel(s) and shall all be assigned the code "PW" and so labeled on the maps. No sample plot data is required and no further documentation such as wetland summary sheets (OAR 141-086-0220(6)) or OFWAM assessment (OAR 141-086-0220(7) is required.

(19) Vacant, former wetlands, consisting mostly of relict (dewatered) hydric soils, which are five (5) acres or larger in size shall be identified and mapped as potential wetland mitigation or restoration sites and shall be described in the LWI report as follows:

(a) Assign a unique identification code for mapping and reference in the text;

(b) Briefly describe easily-observed soil, vegetation and hydrologic alterations; and

(c) Identify the most likely water source (e.g., stream, groundwater) for restoring wetland hydrology.

[Publications: The publication(s) referenced in this rule is available from the agency.]

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

141-086-0220

Maps and Reports

(1) Maps shall be developed and submitted to the Division in both paper and electronic format. If the study area is covered by more than one (1) 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, the study area boundary, and major, named streets.

(2) Wetland maps shall 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) Property boundaries if a parcel-based coverage of the study area exists;

(g) Watershed boundaries;

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

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

(j) 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;

(k) Previously delineated wetlands labeled with the Division's file number;

(l) Distinctive symbol or pattern for wetlands or significant portions of wetlands that were field-verified as opposed to those not field-verified;

(m) Disclaimer that reads: "Information shown on this map is for planning purposes only and wetland information is subject to change. There may be unmapped wetlands subject to regulation and all wetland boundary mapping is approximate. In all cases, actual field conditions determine wetland boundaries. You are advised to contact the Oregon Division of State Lands and the U.S. Army Corps of Engineers with any regulatory questions;"

(n) Numbered sample plots; and

(o) Study area boundary.

(3) A separate map shall be provided showing the approximate location of potential wetland mitigation/restoration sites and which includes the map elements described in Section 0220(2)(a) through (i) and (o) of this rule.

(4) Minimum map scale shall be 1 inch = 600 feet (1:7, 200) or 1 inch = 200 feet (1:2, 400) for a WCP.

(5) The inventory and mapping process shall be fully documented in order to ensure accuracy and consistency throughout the process. Documentation shall include:

(a) Wetland verification procedures used;

(b) Date(s) and scale(s) of source maps and aerial photos used;

(c) Technical staff members and qualifications;

(d) Sample plot data on standard field data forms, including data for sites sampled that failed to meet wetland criteria;

(e) Aerial photos or other field maps with an overlay of wetland mapping, sample plots, and any measurements taken; and

(f) All mapping and map transfer procedures used.

(6) A wetland summary sheet shall be prepared for each wetland. The summary sheet shall 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 wetland classification(s);

(f) Soil type(s);

(g) Hydrologic basin;

(h) HGM classification;

(i) Sample plot numbers;

(j) Common name of dominant plant species;

(k) Primary hydrology source, including hydrology source and use of artificially created wetlands;

(l) Field verification date(s);

(m) Summary of OFWAM assessment results;

(n) Significant wetland determination, if made; and

(o) Comments which describe the wetland, including topographic position, land uses, alterations (including agricultural) and the basis for the wetland boundary determination.

(7) OFWAM assessment results shall be submitted for each wetland assessment unit and shall include:

(a) Wetlands of Special Interest for Protection (OFWAM, Chapter Five (5));

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

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

(d) Function and condition summary sheet (OFWAM, Appendix C); and

(e) Assessment results represented in table format.

(8) A study area summary shall be prepared that includes:

(a) Total acreage in the study area;

(b) Total acreage of wetlands in the study area, excluding actively used, artificially created wetlands such as detention ponds or aggregate extraction ponds; and

(c) Total number of wetlands in the study area.

(9) A minimum of two (2) sets of final LWI products shall be prepared; one (1) set shall be provided to the Division for inclusion in the SWI and the other shall be provided to the local government.

(10) LWI maps and documents provided to the Division are public record and may be made available at cost to the public and state and federal agencies.

[Publications: The publication(s) referenced in this rule is available from the agency.]

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

141-086-0225

Digital Map Standards

(1) Digital versions of map materials and associated databases are required and shall be submitted to the Division according to the requirements in OAR 141-086-0225(2) through (8). GIS products are preferred.

(2) GIS files shall have a linked database containing descriptive attributes and be georeferenced.

(a) GIS coverages shall be submitted in an ArcView shape file, ArcInfo export file or a format that is compatible to these, or in other formats approved by the Division.

(b) The following attributes must be included for each wetland polygon: a unique wetland identification label, Cowardin class code, field verified or not, and the Division's wetland delineation file number, if any. Sample points must be attributed with unique identification labels, and linear waterways must be attributed with unique identification labels.

(3) If GIS is not available, then other map files (such as AutoCAD drawing files) shall be submitted.

(a) Non-GIS maps shall be in a digital format such as .dxf, .dwg, or Microstation .dgn files, or other formats approved by the Division.

(b) Digital database information associated with the data layers shall be provided, including: a unique identification label for each wetland polygon, a unique identification label for each sample point, and a unique identification label for each linear waterway segment.

(c) A database must be included that links the wetland polygon layer to the Cowardin class, field verification status, and wetland delineation file number, if any, for each wetland polygon.

(4) If the digital product is not georeferenced and rectified, a minimum of five (5) points, evenly distributed within the LWI area, shall be recorded with a Geographical Positioning System (GPS) unit and include:

(a) A record of the positional accuracy of each point;

(b) Brand and model type of the GPS equipment used; and

(c) GPS points established at identifiable stable landmarks in the field and located on the final map.

(5) All georeferenced data sets shall report the following projection parameters:

(a) Projection (Oregon Lambert preferred);

(b) Zone (if UTM);

(c) Units of Projection;

(d) Datum; and

(e) Spheroid.

(6) Separate coverages or data layers shall be submitted showing:

(a) Wetland polygons;

(b) Streams;

(c) Study area boundary;

(d) Tax lot lines (if they exist in digital format);

(e) Wetland and upland sample points;

(f) Potential mitigation/restoration sites, if any; and/or

(g) Other coverage combinations approved by the Division.

(7) Attribute or layer code list and metadata (description for each coverage or dataset and source material citations) shall be provided, including date and a disclaimer as is described in OAR 141-086-0220(2)(m) of these rules.

(8) Digital maps shall also be provided in a print file (such as .eps, .rtl, .cgm or .gra).

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 196.668 ORS 196.686 & ORS 196.692
Hist.: DSL 2-2001, f. & cert. ef. 2-26-01

141-086-0228

Review and Approval Process

(1) A draft of all the LWI products required in OAR 141-086-0220 of these rules shall be provided to the Division (if the inventory was not developed by the Division) and the local government(s) for review.

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

(3) Public and local government comments on draft LWI products shall be provided to the Division. The Division shall 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 Division shall review final products to ensure that all changes requested by the Division have been adequately addressed.

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

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 196.668 ORS 196.686 & ORS 196.692
Hist.: DSL 2-2001, f. & cert. ef. 2-26-01

141-086-0230

Revisions

(1) When local jurisdictions are required by the Department of Land Conservation and Development to review and update their LWI, the provisions of OAR 141-086-0230(1)(a) through (d) of these rules shall be followed.

(a) All Urban Growth Boundary expansion areas or other areas not included in the original LWI study area shall be inventoried according to the requirements in these rules.

(b) Within the previous LWI study area, wetland additions or boundary changes equal to or greater than one-half (0.5) acre shall be identified, mapped and assessed using OFWAM. A summary report including the results and any map changes shall be provided to the Division and is subject to Division review and approval.

(c) Sources of information for review of the previous study area shall at a minimum include:

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

(B) Color and/or color infra-red aerial photos, or other aerial photos approved by the Division, taken within three (3) years of inventory revision initiation; and

(C) A field reconnaissance of the study area.

(d) Wetlands not previously mapped on the LWI shall be field verified as required in OAR 141-086-0210(7) through (9) of this rule; previously mapped wetlands no longer apparent on aerial photos shall also be field verified as necessary to confirm their absence.

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

(a) Provide to the Division, 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 (5) years, in conjunction with the Division's five (5) year WCP review (ORS 196.684(6)), conduct a LWI review and incorporate new information, as required in OAR 141-086-0230(1)(b) through (1)(d) of these rules.

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

141-086-0240

Landowner Notification

When the LWI is approved by the Division, the local jurisdiction shall notify by mail within one hundred twenty (120) calendar days all landowners of record whose parcel contains a wetland or possible wetland that:

(1) Their parcel(s) was included in the wetlands inventory study area; and

(2) There is a wetland mapped on their parcel.

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



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). (continued)