ORS 215.418
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 (Short title) and 196.800 (Definitions for ORS 196.600 to 196.921) to 196.900 (Schedule of civil penalties) 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]
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 (Definitions for ORS 196.600 to 196.655).

(2)

“Permit” has the meaning given that term in ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780).

(3)

“Reclamation” has the meaning given that term in ORS 517.750 (Definitions for ORS 517.702 to 517.989).

(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 (Definitions for ORS 517.702 to 517.989).

(6)

“Wetlands” has the meaning given that term in ORS 196.800 (Definitions for ORS 196.600 to 196.921). [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 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1)(m), the governing body of Tillamook County may, by ordinance or regulation, adopt a pilot program for reviewing, subject to ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones), the creation, restoration or enhancement of wetlands in any area zoned for exclusive farm use.

(2)

Notwithstanding ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones) (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 (Standards for approval of certain uses in exclusive farm use zones) (1) for approving the creation, restoration or enhancement of wetlands in areas zoned for exclusive farm use.

(3)

Notwithstanding any contrary provision of ORS 215.416 (Permit application), the ordinances or regulations adopted as part of the pilot program shall provide for a mechanism by which, upon request by the applicant and prior to the approval or denial of a permit under the procedures required by ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) to 215.438 (Transmission towers), the following parties may enter into a project-specific collaborative process for settling disputes concerning the application:

(a)

The applicant;

(b)

Any person whose use of the person’s property may be adversely affected by the proposed use;

(c)

Any person who is entitled to notice under ORS 215.416 (Permit application) (11)(c);

(d)

Representatives of any state or federal agency that is involved in the project for which the application for the use was submitted or that has expertise related to issues raised by the application or by comments received by the governing body; and

(e)

For the purpose of assisting in the project-specific collaborative process, any person with technical expertise in:

(A)

Creating, restoring or enhancing wetlands in Tillamook County;

(B)

Creating, restoring or enhancing wetlands in areas with site characteristics similar to those identified in the application for the use; or

(C)

The impacts of wetlands on agricultural operations.

(4)

If an applicant requests to enter into a project-specific collaborative process adopted under subsection (3) of this section, the periods set forth in ORS 215.427 (Final action on permit or zone change application) (1) and (5) for the governing body of a county or its designee to take final action on the application shall be extended in the manner provided for in ORS 215.427 (Final action on permit or zone change application) (10).

(5)

If the parties to a project-specific collaborative process requested under subsection (3) of this section agree to conditions that, if imposed on the proposed use, would satisfy the standards for approval set forth in ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones) (1) in a manner that is acceptable to all parties, an approval of the application for the permit shall include the conditions agreed to by the parties.

(6)

The governing body shall discontinue a project-specific collaborative process requested under subsection (3) of this section if, at any time during the process, the applicant requests that the governing body resume processing the permit application under the procedures required by ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) to 215.438 (Transmission towers). [2016 c.84 §4]
Sec. 5. Planning process. (1) As part of a pilot program authorized by section 4 of this 2016 Act, the governing body of Tillamook County shall, subject to subsection (4) of this section, initiate a planning process to:

(a)

Identify areas zoned for exclusive farm use that are suitable for future wetland creation, restoration or enhancement projects; and

(b)

Designate areas zoned for exclusive farm use as priority areas for maintenance of agricultural use.

(2)

The governing body shall engage stakeholders in the planning process, including, but not limited to, representatives of conservation interests and agricultural interests, state and federal agencies and Indian tribes.

(3)

A planning process initiated under this section shall include consideration of:

(a)

The historic location and quantity of wetlands within the county;

(b)

The location and quantity of wetlands within the county at the time the planning process is initiated;

(c)

Agricultural interests within the county, and the land use patterns necessary for the stability of agricultural and associated farming practices;

(d)

The amount and location of potential wetland projects that would provide the greatest benefits to fish recovery, fish and wildlife habitat, flood mitigation and other values;

(e)

Locations where future wetland projects would be most likely to provide the greatest benefits to fish recovery, fish and wildlife habitat, flood mitigation and other values while remaining compatible with the land use patterns necessary for the stability of agricultural and associated farming practices;

(f)

Locations where the creation, restoration or enhancement of wetlands is likely to materially alter the stability of the agricultural land use patterns or cause a significant change to farming practice, alone or in combination with other wetlands in the area; and

(g)

Locations or land-use arrangements, opportunities, conditions or approaches that could best enable benefits to fish recovery, fish and wildlife habitat, flood mitigation and other values in a manner that complements the land use patterns necessary for the stability of agricultural and associated farming practices.

(4)

The governing body is not required to initiate the planning process provided for in this section if the governing body determines that adequate funding, which may include funding from any combination of local, state, federal or other sources, is not reasonably available.

(5)

If a plan developed under this section is acknowledged pursuant to ORS 197.625 (Acknowledgment of comprehensive plan or land use regulation changes), the governing body may, by ordinance, adopt a process for denying permits or streamlining the permitting process for permit applications subject to the pilot program under section 4 of this 2016 Act. Ordinances adopted under this section must provide for a process that is consistent with the priorities identified in the plan. [2016 c.84 §5]
Sec. 6. Applicability of pilot program provisions. Sections 4 and 5 of this 2016 Act and ordinances and regulations adopted pursuant to sections 4 and 5 of this 2016 Act do not apply to the creation, restoration or enhancement of wetlands:

(1)

For purposes related to a mitigation bank;

(2)

For reclamation of lands affected by surface mining;

(3)

If the wetlands are created, restored or enhanced for the purpose of meeting conditions necessary to comply with a National Pollutant Discharge Elimination System permit or water pollution control facility permit issued by the Department of Environmental Quality pursuant to ORS 468B.050 (Water quality permit);

(4)

For which construction had commenced, or required permits had been issued, prior to the adoption of ordinances or regulations by the governing body of Tillamook County under section 4 of this 2016 Act; and

(5)

If the creation, restoration or enhancement of the wetlands only involves planting vegetation in a wetland or riparian area. [2016 c.84 §6]
Sec. 7. Reporting requirements. (1) The governing body of Tillamook County shall provide for the production and filing of a report on the progress of a pilot program adopted under section 4 of this 2016 Act in the manner provided in ORS 192.245 (Form of report to legislature), to the interim committees of the Legislative Assembly related to environment and natural resources no later than September 15 of each odd-numbered year following the effective date of this 2016 Act [January 1, 2017], until and including September 15, 2025.

(2)

In developing a report required by this section, the governing body must consult with stakeholders including, but not limited to, representatives of conservation interests and agricultural interests, state and federal agencies and Indian tribes.

(3)

A report required by this section must include, but need not be limited to:

(a)

Information on whether and to what extent the governing body has taken action as provided for in sections 4 and 5 of this 2016 Act and the form of the action taken;

(b)

The number of permit applications received under the pilot program adopted under section 4 of this 2016 Act, the number of applicants that have requested entering into a project-specific collaborative process to settle disputes concerning their applications and the disposition of applications received under the pilot program; and

(c)

Any significant successes, challenges or recommendations for legislation related to the pilot program.

(4)

The report that is required to be filed under this section no later than September 15, 2025, shall include information detailing the success of the pilot program and recommendations on whether the pilot program should be made permanent. [2016 c.84 §7]
Sec. 8. Sections 2 to 7 of this 2016 Act are repealed on January 2, 2027. [2016 c.84 §8]

Source: Section 215.418 — Approval of development on wetlands; notice, https://www.­oregonlegislature.­gov/bills_laws/ors/ors215.­html.

215.010
Definitions
215.020
Authority to establish county planning commissions
215.030
Membership of planning commission
215.042
Planning director
215.044
Solar access ordinances
215.047
Effect of comprehensive plan and land use regulations on solar access ordinances
215.050
Comprehensive planning, zoning and subdivision ordinances
215.060
Procedure for action on plan
215.080
Power to enter upon land
215.090
Information made available to commission
215.100
Cooperation with other agencies
215.110
Recommendations for implementation of comprehensive plan
215.130
Application of ordinances and comprehensive plan
215.135
Expansion of nonconforming school in exclusive farm use zone
215.170
Authority of cities in unincorporated area
215.185
Remedies for unlawful structures or land use
215.190
Violation of ordinances or regulations
215.203
Zoning ordinances establishing exclusive farm use zones
215.209
Department of Land Conservation and Development database
215.211
Agricultural land
215.212
Soils Assessment Fund
215.213
Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993
215.215
Reestablishment of nonfarm use
215.218
Certain private hunting preserves not subject to land use approval
215.223
Procedure for adopting zoning ordinances
215.233
Validity of ordinances and development patterns adopted before September 2, 1963
215.236
Nonfarm dwelling in exclusive farm use zone
215.237
Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone
215.238
Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity
215.239
Siting of agri-tourism event or activity
215.243
Agricultural land use policy
215.246
Approval of land application of certain substances
215.247
Transport of biosolids to tract of land for application
215.249
Division of land for application of biosolids
215.251
Relationship to other farm uses
215.253
Restrictive local ordinances affecting farm use zones prohibited
215.255
Farm product processing facility
215.262
Legislative findings related to nonfarm dwellings
215.263
Land divisions in exclusive farm use zones
215.265
Land divisions
215.273
Applicability to thermal energy power plant siting determinations
215.274
Associated transmission lines necessary for public service
215.275
Utility facilities necessary for public service
215.276
Required consultation for transmission lines to be located on high-value farmland
215.277
Farmworker housing
215.278
Accessory dwellings for farmworkers
215.279
Farm income standard for dwelling in conjunction with farm use
215.281
Legislative findings related to dwellings in conjunction with commercial dairy farm
215.282
Dwellings in conjunction with commercial dairy farm
215.283
Uses permitted in exclusive farm use zones in nonmarginal lands counties
215.284
Dwelling not in conjunction with farm use
215.291
Alteration, restoration or replacement of lawfully established dwelling
215.293
Dwelling in exclusive farm use or forest zone
215.294
Railroad facilities handling materials regulated under ORS chapter 459 or 466
215.296
Standards for approval of certain uses in exclusive farm use zones
215.297
Verifying continuity for approval of certain uses in exclusive farm use zones
215.298
Mining in exclusive farm use zone
215.299
Policy on mining resource lands
215.301
Blending materials for cement prohibited near vineyards
215.304
Rule adoption
215.306
Conducting filming activities in exclusive farm use zones
215.311
Log truck parking in exclusive farm use zones
215.312
Public safety training facility
215.316
Termination of adoption of marginal lands
215.317
Permitted uses on marginal land
215.327
Divisions of marginal land
215.401
Preapplication process for land use approval of disposal site for composting
215.402
Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780
215.406
Planning and zoning hearings officers
215.412
Adoption of hearing procedure and rules
215.416
Permit application
215.417
Time to act under certain approved permits
215.418
Approval of development on wetlands
215.422
Review of decision of hearings officer or other authority
215.425
Review of decision relating to aggregate resources
215.427
Final action on permit or zone change application
215.429
Mandamus proceeding when county fails to take final action on land use application within specified time
215.431
Plan amendments
215.433
Supplemental application for remaining permitted uses following denial of initial application
215.435
Deadline for final action by county on remand of land use decision
215.437
Mandamus proceeding when county fails to take final action within specified time on remand of land use decision
215.438
Transmission towers
215.439
Solar energy systems in residential or commercial zones
215.441
Use of real property for religious activity
215.445
Use of private property for mobile medical clinic
215.446
Renewable energy facility
215.447
Photovoltaic solar power generation facilities on high-value farmland
215.448
Home occupations
215.449
Farm brewery
215.451
Cider business
215.452
Winery
215.453
Large winery
215.454
Lawful continuation of certain winery-related uses or structures
215.455
Effect of approval of winery on land use laws
215.456
Siting winery as commercial activity in exclusive farm use zone
215.457
Youth camps allowed in forest zones and mixed farm and forest zones
215.459
Private campground in forest zones and mixed farm and forest zones
215.461
Guest ranch
215.462
Limitations on guest ranch
215.495
Accessory dwelling units in rural residential zones
215.501
Conversion of historic homes to accessory dwelling units in rural residential zones
215.503
Legislative act by ordinance
215.513
Forwarding of notice to property purchaser
215.605
Counties authorized to adopt housing codes
215.606
Standards for clustered mailboxes in county roads and rights-of-way
215.615
Application and contents of housing ordinances
215.700
Resource land dwelling policy
215.705
Dwellings in farm or forest zone
215.710
High-value farmland description for ORS 215.705
215.720
Criteria for forestland dwelling under ORS 215.705
215.730
Additional criteria for forestland dwelling under ORS 215.705
215.740
Large tract forestland dwelling
215.750
Alternative forestland dwelling
215.755
Other forestland dwellings
215.757
Accessory dwellings supporting family forestry
215.760
Agricultural buildings on land zoned for forest use or mixed farm and forest use
215.780
Minimum lot or parcel sizes
215.783
Land division to preserve open space or park
215.785
Exception to minimum lot or parcel sizes
215.788
Legislative review of lands zoned for farm and forest use
215.791
Review of nonresource lands for ecological significance
215.794
Review of county rezoning designations
215.799
Location of dwellings on wildlife habitat land
Green check means up to date. Up to date