17.22.010 Requirements for wetlands.
A. Purpose and Intent. The purpose of this section is to protect and restore wetlands and the multiple social and environmental functions and benefits these areas provide individual property owners, the community, and the watershed. This requirement is based on the “safe harbor” approach as defined in Oregon Administrative Rules 660-23-0100(4)(b). Specifically, the purpose and intended is to;
1. Protect habitat for fish and other aquatic life,
2. Protect habitat for wildlife,
3. Protect water quality for human uses and aquatic life,
4. Control erosion and limit sedimentation,
5. Reduce the effects of flooding,
6. Provide a stream “right of way” to accommodate lateral migration of the channel and protect the stream and adjacent properties,
7. Provide opportunities for recreation and education,
8. Protect open space, and
9. Minimize the economic impact to affected property owners.
The intent of this section is to meet these goals by modifying the location, but not the intensity of development, where possible. The requirements for wetlands restricts filling, grading, excavation and vegetation removal in significant wetlands for their protection and limits new structures in significant wetlands in Hood River. This section provides procedures for correcting map errors and for granting a variance for parcels that have no buildable site through application of this section.
B. Definitions. The following words and phrases, unless the context otherwise requires, shall have the meanings given them in this section.
FUNCTIONS AND VALUES. Functions means the environmental roles served by wetlands and buffer areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat and flood storage. Values means the qualities ascribed to a wetland such as educational and recreational opportunities, open space, and visual aesthetic qualities.
RESTORATION means to rehabilitate a previously drained or degraded wetland area by providing wetland hydrology, removing fill material, restoring native vegetation or other means of reestablishing wetland features.
WETLAND means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
WETLAND DELINEATION means a determination of wetland presence by a qualified professional that includes marking the wetland boundaries on the ground and/or on a detailed map prepared by professional land survey or similar accurate methods.
C. Requirements for All Wetlands.
1. Compliance with State and Federal Regulations. All activities wholly or partially within wetlands are subject to Division of State Lands permit requirements under the Removal-Fill Law and U.S. Army Corps of Engineers permit requirements under Section 404 of the Clean Water Act. Where there is a difference between local, state or federal regulations, the more restrictive regulations shall apply.
2. Division of State Lands Notification Required.
a. The City shall provide notice to the Division of State Lands, 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 Local Wetlands Inventory or within twenty-five (25) feet of such areas:
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;
4. Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and
5. Planned unit development approvals.
b. This section does not apply if a permit from the Division of State Lands has been issued for the proposed activity.
c. City approval of any activity described in this section shall include one of the following notice statements:
1. Issuance of a permit under ORS 196.600 to 196.905 by the Division of State Lands required for the project before any physical alteration takes place within the wetlands;
2. Notice from the Division of State Lands that no permit is required; or
3. Notice from the Division of State Lands that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.
d. If the division of State Lands fails to respond to any notice provided under 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. The City may issue local approval for parcels identified as or including wetlands on the Local 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 Division of State Lands with a copy of the notification of comprehensive plan map or zoning map amendments for specific properties.
D. Procedures for Identifying Significant Wetlands. The regulations of this section apply to wetlands identified and mapped as significant in the Hood River Local Wetlands Inventory located in the City and the Urban Growth Area. Significance determinations are based on criteria contained in Oregon Administrative Rules 141-86-0300 through 0350 as adopted by the Division of State Lands (DSL). This section applies to wetlands inside the Hood River city limits and to wetlands outside the city limits and inside the urban growth boundary upon annexation of such land.
Wetlands identified in the Hood River Local Wetlands Inventory are shown on maps that may not have site-specific accuracy.
1. The Division of State Lands is the final arbiter of wetland presence and boundaries.
2. Precise wetland boundaries may vary from those shown on the Hood River Local Wetlands Inventory map. For any proposed development impacting a significant wetland or within twenty-five (25) feet of a significant wetland, the applicant shall conduct a wetland delineation and submit it to the Division of State Lands for review and approval. The more precise boundary obtained through a DSL-approved wetland delineation shall be used for review and development, and can be identified, mapped, and used for review and development without a change in the Hood River Local Wetlands Inventory mapping.
3. Property owners who believe wetlands have been incorrectly mapped on their properties can request corrections to the map by submitting written verification from the Division of State Lands that confirms that there are no wetlands on the property or contains the correct location of the wetlands.
E. Land Use and Permit Requirements for Significant Wetlands.
1. Permitted Uses. The following uses are permitted within significant wetlands. Applicable state and/or federal permits shall be obtained.
a. Passive recreation and land management activities that require no structures, such as bird watching, canoeing, nature walks, land survey, wetland delineation or wetland monitoring.
b. Fishing or hunting consistent with state, local and federal law.
c. Educational uses or research.
d. Construction of permeable trails, boardwalks and viewing platforms, information kiosks, and trail signs.
e. Wetland and waterway restoration.
f. Removal of non-native vegetation.
g. Removal of trees that are a hazard to life or structures.
h. Mowing grass to comply with local or state fire prevention requirements.
i. Planting or replanting with native plant species.
j. Channel maintenance to maintain storm water conveyance and flood control capacity, as required by local policies, state and federal regulations, or intergovernmental agreements.
k. Emergency repairs by the City or other public agencies to protect life and property.
l. Compensatory mitigation required by state or federal permit. Removal of fill material or any refuse that is in violation of local, state or federal regulations.
m. Maintenance of existing structures within the existing footprint of the structure.
n. Construction of discharge outlets for treated stormwater or wastewater.
2. Prohibited Uses. Within locally significant wetlands the following practices are prohibited unless specifically authorized by a variance:
a. New development or expansion of existing development.
b. Placement of fill material, grading, or excavation.
c. Road construction.
d. Construction of stormwater or wastewater management or treatment facilities.
e. Construction of new septic drainfields.
f. Channelizing or straightening natural drainageways.
g. Storage or use of hazardous or toxic materials.
h. Clearing of trees and brush with motorized equipment including, but not limited to, chain saws and bulldozers.
F. Procedure. Any decision by the City on a land use application concerning the wetland protection requirements herein may be appealed to the Planning Commission and City Council pursuant to Title 17.
G. Variances.
1. In cases where a property owner believes the application of this ordinance imposes a hardship or renders an existing lot or parcel unbuildable, a property owner may request a variance. Granting of a variance requires findings that satisfy all of the following criteria:
a. The proposed development requires deviation from the Riparian Corridor requirements; and
b. The application of the requirements of this ordinance without a variance would prevent any reasonable economic use of the property.
c. The variance requested is the minimum variance which would alleviate the hardship.
2. Applications for variances shall be processed as an Administrative Action under section 17.09.030.
3. A variance granted under this section is for a variance from strict application of the provisions of this section only. (Ord. 1863, 2004)