This section provides procedures for wetland development in conformance with Oregon Revised Statutes 227.350.
A. Acceptable Activities: After the department of state lands has provided the city with a copy of the applicable portions of the statewide wetland inventory, the city shall provide notice to the department, the applicant and the owner of record, within five (5) working days of the acceptance of any complete application for the following activities that are wholly or partially within areas identified as wetlands on the statewide wetlands inventory:
1. Subdivisions;
2. Building permits for new structures;
3. Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or development in floodplains and floodways; and
4. Conditional use permits and variances that involve physical alterations to the land or construction of new structures.
B. Exceptions: The provisions of subsection A of this section do not apply if a permit from the department of state lands has been issued for the proposed activity.
C. Notice Statements: Approval of any activity described in subsection A of this section shall include one of the following notice statements:
1. Issuance of a permit under Oregon Revised Statutes 196.600 to 196.665 and 196.800 to 196.900 by the department of state lands required for the project before any physical alteration takes place within the wetlands;
2. Notice from the department of state lands that no permit is required; or
3. Notice from the department of state lands that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.
D. Response Time Limit: If the department of state lands fails to respond to any notice provided under subsection A of this section within thirty (30) days of notice, the city approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits.
E. Local Approval; Need For Permits: The city may issue local approval for the parcels identified as or including wetlands on the statewide wetlands inventory upon providing to the applicant, and the owner of record of the affected parcel, a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the department of state lands with a copy of the notification of:
1. Comprehensive plan map or zoning map amendments for specific properties; and
2. Major and minor partitions.
F. Notice Of Authorized Activities: Notice of activities authorized within an approved wetland conservation plan shall be provided to the department of state lands within five (5) days following the local approval.
G. Failure By City To Provide Notice: Failure by the city to provide notice as required in this section will not invalidate city approval. (Ord. 652, 6-4-2008)
Notes
| 1 | 1. See also chapter 9, article C of this title. |