Oregon Revised Statutes Chapter 215 § 215.418 — Approval of development on wetlands; notice

Approval of development on wetlands; notice. (1) After the Department of State Lands has provided the county with a copy of the applicable portions of the Statewide Wetlands Inventory, the county shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following that are wholly or partially within areas identified as wetlands on the Statewide Wetlands Inventory: (a) Subdivisions; (b) Building permits for new structures; (c) 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; (d) Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and (e) Planned unit development approvals. (2) The provisions of subsection (1) of this section do not apply if a permit from the department has been issued for the proposed activity. (3) Approval of any activity described in subsection (1) of this section shall include one of the following notice statements: (a) Issuance of a permit under ORS 196.665 and 196.800 to 196.900 by the department required for the project before any physical alteration takes place within the wetlands; (b) Notice from the department that no permit is required; or (c) Notice from the department that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted. (4) If the department fails to respond to any notice provided under subsection (1) of this section within 30 days of notice, the county 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. (5) The county may issue local approval for 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 with a copy of the notification of comprehensive plan map or zoning map amendments for specific properties. (6) Notice of activities authorized within an approved wetland conservation plan shall be provided to the department within five days following local approval. (7) Failure by the county to provide notice as required in this section will not invalidate county approval. [1989 c.837 §29; 1991 c.763 §24] (Temporary provisions relating to wetlands in Tillamook County) Note: Sections 1 to 8, chapter 84, Oregon Laws 2016, provide: Sec. 1. Sections 2 to 6 of this 2016 Act are added to and made a part of ORS chapter 215. [2016 c.84 §1] Sec. 2. Legislative findings. The Legislative Assembly finds and declares that Tillamook County experiences unique challenges related to the creation, restoration or enhancement of wetlands on lands zoned for exclusive farm use, including regularly occurring and devastating flood events and landowner conflicts. It is therefore in the public interest to establish a pilot program in Tillamook County that applies conditional use review for the creation, restoration or enhancement of wetlands on lands zoned for exclusive farm use, and that incorporates a means for stakeholders to engage in a collaborative process for ensuring the protection and enhancement of agricultural land uses and wetlands. [2016 c.84 §2] Sec. 3. Definitions. As used in sections 2 to 6 of this 2016 Act: (1) “Mitigation bank” has the meaning given that term in ORS 196.600. (2) “Permit” has the meaning given that term in ORS 215.402. (3) “Reclamation” has the meaning given that term in ORS 517.750. (4) “Riparian area” means a zone of transition from an aquatic ecosystem to a terrestrial ecosystem, dependent upon surface or subsurface water, in which existing or potential elements of the soil-vegetation complex are influenced by the surface or subsurface water that the zone is dependent upon. (5) “Surface mining” has the meaning given that term in ORS 517.750. (6) “Wetlands” has the meaning given that term in ORS 196.800. [2016 c.84 §3] Sec. 4. Pilot program for reviewing creation, restoration or enhancement of wetlands in exclusive farm use zones. (1) Notwithstanding ORS 215.283 (1)(m), the governing body of Tillamook County may, by ordinance or regulation, adopt a pilot program for reviewing, subject to ORS 215.296, the creation, restoration or enhancement of wetlands in any area zoned for exclusive farm use. (2) Notwithstanding ORS 215.296 (10), ordinances or regulations adopted by the governing body under the pilot program may not establish standards in addition to the standards described in ORS 215.296 (1) for approving the creation, restoration or enhancement of wetlands in areas zoned for exclusive farm use. (3) Not