§ 17.5.050  MAP ADMINISTRATION AND NRA VERIFICATION.
   A.   Exempt . that is outside of any NRA and no closer than 100 feet to the border of an NRA (including all and landscaping), based on the NRA map, may proceed without having to comply with this section or any other portion of this Code except for § 17.5.030, Construction Management Plan. 
   B.   Verification of the location of NRAs as described in this section shall not be considered a or zoning
   C.   Map verification is available to correct for mistakes in the location of NRAs on properties. Map verification shall not be used to dispute whether identified NRAs provide the ecological functions that they are assumed to provide based on the ecological criteria used to identify them. If an believes that a properly identified NRA does not provide the ecological functions that it has been identified as providing, then the may use the discretionary review process to decrease its responsibilities for disturbing such an area.
   D.   Except for seeking approval to undertake any exempt activities or conditioned uses described in § 17.5.015, the map verification requirements described in this § 17.5.050 shall be met at the time an requests a , grading permit, removal permit, land division approval, or some other land decision. A property owner, or another with the property owner’s consent, may request to verify the location of NRAs on a real property or parcel pursuant to this § 17.5.050 at other times, but whether the processes such request shall be at the Community Development ’s sole discretion, based on staff availability, funding resources and policy priorities. If a receives verification separate from a simultaneous request for a , grading permit, removal permit, land division approval or some other land decision, then the may use the verification to satisfy the requirements of this section at any time up until five years after the date the verification was issued.
   E.   Notwithstanding any other provisions of this § 17.5.050, for utility projects undertaken by public utilities across property that is not owned by the utility, the utility shall not be required to map or provide any information about the property except for the area within 300 feet of the location of the proposed disturbance area of the utility’s project.
   F.   Basic verification approaches. The basic verification approaches described in § 17.5.050F.1. through 3. are available for who believe either: (A) that the NRA map is accurate; (B) that there is a simple incongruity between the NRA map and the boundary of a property; or (C) that the property was developed prior to March 9, 2009.
      1.    believes NRA map is accurate. An who believes that the NRA map is accurate may comply with § 17.5.050F.1. The shall submit the following information regarding the real property or parcel:
         a.   A detailed property description;
         b.   A copy of the applicable NRA map;
         c.   A summer 2005 aerial photograph of the property, with shown, at a scale of at least one map inch equal to 50 feet for of 20,000 or fewer square feet, and a scale of one map inch equal to 100 feet for larger (available from the Metro Data Resource Center, 600 NE Grand Avenue, Portland, Oregon 97232; 503-797-1742);
         d.   The information required to be submitted under §§ 17.5.035 or 17.5.040 if the proposes within any NRA under those provisions; and
         e.   Any other information that the wishes to provide to support the assertion that the NRA map is accurate.
      2.   Obvious misalignment between mapped habitat and property . In some cases, the mapped vegetative cover layer in the GIS database might not align precisely with the layer that shows property lines, resulting in a NRA map that is also misaligned with tax . An who believes that the NRA map is inaccurate based on such an obvious misalignment may comply with this § 17.5.050F.2. The shall submit the following information regarding the real property or parcel: 
         a.   The information described in §§ 17.5.050F.1.a. through d.; and
         b.   A documented demonstration of the misalignment between the NRA map and the property’s boundary lines. For example, an could compare the boundary shown for roads within 500 feet of a property with the location of such roads as viewed on the aerial photograph of the area surrounding a property to provide evidence of the scale and amount of incongruity between the NRA maps and the property , and the amount of adjustment that would be appropriate to accurately depict habitat on the property.
      3.   Property developed between Summer 2002 and January 5, 2006. Where a property was developed between the summer of 2002 (when the aerial photo used to determine the regional habitat inventory was taken) and January 5, 2006, the shall submit the following information regarding the real property or parcel:
         a.   The information described in §§ 17.5.050F.1.a. through d.;
         b.   A summer 2002 aerial photograph of the property, with shown, at a scale of at least one map inch equal to 50 feet for of 20,000 or fewer square feet, and a scale of one map inch equal to 100 feet for larger (available from the Metro Data Resource Center, 600 NE Grand Avenue, Portland, Oregon 97232; 503-797-1742);
         c.   Any approved or other plans and drawings related to the of the property that took place between summer 2002 and January 5, 2006; and
         d.   A clear explanation and documentation, such as supporting maps or drawings or an more recent aerial photograph, indicating the new that has occurred and where previously identified habitat no longer exists because it is now part of a developed area.
      4.   Decision process. The Community Development ’s map verification decision made pursuant to this § 17.5.050F. may be an administrative decision. The ’s decision shall be based on consideration of the information submitted by the , any information collected during a visit to the or parcel, any information generated by prior map verifications that have occurred on adjacent properties, and any other objective factual information that has been provided to the .
   G.   Detailed verification approach. All who believe that the NRA map is inaccurate for a reason other than as described in §§ 17.5.050F.2. and 3. may file a verification request consistent with this § 17.5.050G.
      1.    requirements. The shall submit a report prepared and signed by either: (A) a knowledgeable and qualified natural resource professional, such as a wildlife biologist, botanist or hydrologist; or (B) a civil or environmental engineer registered in Oregon to design public sanitary or storm systems, stormwater facilities or other similar facilities. Such report shall include:
         a.   A description of the qualifications and experience of all that contributed to the report, and, for each that contributed, a description of the elements of the analysis to which the person contributed;
         b.   The information described in §§ 17.5.050F.1.a. through e.;
         c.   The information described in §§ 17.5.050F.2.b. and 17.5.050F.3.b. through d., if the believes such information is relevant to the verification of habitat location on the subject or parcel;
         d.   Additional aerial photographs if the believes they provide better information regarding the property, including documentation of the date and process used to take the photos and an expert’s interpretation of the additional information they provide;
         e.   A map showing the topography of the property shown by contour lines of two-foot intervals for slopes less than 15% and by ten-foot intervals for slopes 15% or greater; and
         f.   Any additional information necessary to address each of the verification criteria in § 17.5.050G.4., a description of where any NRAs are located on the property based on the of the verification criteria in § 17.5.050G.4., and factual documentation to support the analysis.
      2.   Notice requirements. Upon receipt of a completed pursuant to this § 17.5.050G., the Community Development shall provide notice of the map verification to Metro, to the owners of record of property on the most recent property tax assessment roll where such property is located within 300 feet of the subject property, to any neighborhood or community planning organization recognized by the governing body and whose boundaries include the property, and to any watershed council recognized by the Oregon Watershed Enhancement Board and whose boundaries include the property. The notice provided by the jurisdiction shall comply with the notice requirements of O.R.S. 197.763. The Community Development shall written public comments regarding the matter during a public comment period.
      3.   Decision process. The Community Development shall apply the verification criteria in § 17.5.050G.4. to confirm the location of any NRAs based on the NRA map, the information submitted by the , any information received during the public comment period, and any additional information readily available, including information collected during a visit to the or parcel.  The and all that submitted written comments shall be provided with a written explanation of the Community Development ’s decision.
      4.   Verification criteria. The verification of the location of NRAs shall be according to the four-step process described in this § 17.5.050G.4. A verification shall not be considered complete and shall not be granted unless all the information required to be submitted with the verification has been received.
         a.   Step 1. Verifying boundaries of inventoried riparian habitat. Locating habitat and determining its riparian habitat class is a four-step process:
            i.   Locate the Water Feature that is the basis for identifying riparian habitat. 
               (1)   Locate the top of bank of all streams, rivers and open water within 200 feet of the property.
               (2)   Locate all areas within 100 feet of the property.
               (3)   Locate all within 150 feet of the property based on the Local Wetland Inventory map (if completed) and on the Metro 2002 Wetland Inventory Map (available from the Metro Data Resource Center, 600 NE Grand Avenue, Portland, Oregon 97232). Identified shall be further delineated consistent with methods currently accepted by the Oregon Division of State Lands and the U.S. Army Corps of Engineers.
            ii.   Identify the vegetative cover status of all areas on the property that are within 200 feet of the top of bank of streams, rivers and open water, are or are within 150 feet of , and are areas and within 100 feet of areas.
               (1)   Vegetative cover status shall be as identified on the Metro Vegetative Cover Map (available from the Metro Data Resource Center, 600 NE Grand Avenue, Portland, Oregon 97232). 
               (2)   The vegetative cover status of a property may be adjusted only if (1) the property was developed prior to the time the regional program was approved (see § 17.5.050F.3. above), or (2) an error was made at the time the vegetative cover status was determined. To assert the latter type of error, shall submit an analysis of the vegetative cover on their property using summer 2002 aerial photographs and the definitions of the different vegetative cover types provided in §§ 17.12.200 et seq.
            iii.  Determine whether the degree that the land slopes upward from all streams, rivers and open water within 200 feet of the property is greater than or less than 25% (using the methodology as described in Chapter 3 of CWS Design and Construction Standards; and
            iv.   Identify the riparian habitat classes applicable to all areas on the property using Table 5-6 and the data identified in §§ 17.5.050G.4.a.i. through iii.
         b.   Step 2.  Verifying boundaries of inventoried upland habitat in future urban growth boundary expansion areas. Upland habitat was identified based on the existence of patches of forest , with limited openings. The “forest ” designation is made based on analysis of aerial photographs, as part of determining the vegetative cover status of land within the region. Upland habitat shall be as identified on the NRA map unless corrected as provided in this subsection.
            i.   Except as provided in § 17.5.050G.4.a.ii., vegetative cover status shall be as identified on the Metro Vegetative Cover Map used to inventory habitat at the time the area was brought within the urban growth boundary (available from the Metro Data Resource Center, 600 NE Grand Avenue, Portland, Oregon 97232).
            ii.   The only allowed corrections to the vegetative cover status of a property are as follows: 
               A.   To correct errors made when the vegetative status of an area was determined based on analysis of the aerial photographs used to inventory the habitat at the time the area was brought within the urban growth boundary. For example, an area may have been identified as “forest ” when it can be shown that such area has less than 60% crown closure, and therefore should not have been identified as “forest .” The of an area delineated as “forest ” on the Metro Vegetative Cover Map may be adjusted to more precisely indicate the of the within the canopied area provided that no areas providing greater than 60% crown closure are de-classified from the “forest ” designation.  To assert such errors, shall submit an analysis of the vegetative cover on their property using the aerial photographs that were used to inventory the habitat at the time the area was brought within the urban growth boundary and the definitions of the different vegetative cover types provided in §§ 17.12.200 et seq.; and
               B.   To remove orchards and Christmas farms from inventoried habitat; provided, however, that Christmas farms where the were planted prior to 1975 and have not been harvested for sale as Christmas shall not be removed from the habitat inventory.
            iii.   If the vegetative cover status of any area identified as upland habitat is corrected pursuant to § 17.5.050G.4.b.ii.1. to change the status of an area originally identified as “forest ,” then such area shall not be considered upland habitat unless it remains part of a forest opening less than one in area completely surrounding by an area of forest .
 
Table 5-6  Method for Locating Boundaries of Class I and II Riparian Areas
Distance in Feet from Water Feature
/ Status1
Developed Areas Not Providing Vegetative Cover
Low Structure or Open Soils
Woody (Shrub and Scattered Forest )
Forest (Closed to Open Forest )
Surface Streams
0-50
Class II
Class I
Class I
Class I
50-100
 
Class II 2
Class I
Class I
100-150
 
Class II 2 if >25%
Class II 2 if >25%
Class II 2
150-200
 
Class II 2 if >25%
Class II 2 if >25%
Class II 2 if >25%
( feature itself is a Class I Riparian Area)
0-100
 
Class II 2
Class I
Class I
100-150
 
 
 
Class II 2
Areas (Undeveloped portion of area is a Class I Riparian Area)
0-100
 
 
Class II 2
Class II 2
1. The vegetative cover type assigned to any particular area was based on two factors:  the type of observed in aerial photographs and the size of the overall area of vegetative cover to which a particular piece of belonged. As an example of how the categories were assigned, in order to qualify as “forest ” the forested area had to be part of a larger patch of forest of at least one in size.
2. Areas that have been identified as habitats of concern, as designated on the Metro Habitats of Concern Map (on file in the Metro office), shall be treated as Class I riparian habitat areas in all cases, subject to the provision of additional information that establishes that they do not meet the criteria used to identify habitats of concern as described in Metro’s Technical Report for Fish and Wildlife. Examples of habitats of concern include: woodlands, bottomland hardwood forests, , native grasslands, riverine islands or deltas, and important wildlife migration corridors.
 
(Ord. 2009-01, passed 3-9-2009)