1. (1) This rule:

   1. (a) Identifies the procedures for local governments and the Director to use when analyzing alternatives to adversely impacting wetland systems;
   2. (b) Provides criteria for local governments to use when designating wetlands or portions of wetlands within the WCP into Protection, Conservation or Development Categories; and

   3. (c) Defines the minimum information required of local governments to allow the Director to develop findings of fact to determine whether practicable alternatives to adversely impacting wetlands or portions of wetlands designated into the Development Category are available. This information includes the determination of whether:

      1. (A) A public need for the proposed use is, set forth in the acknowledged local comprehensive plan;
      2. (B) Adverse impacts to wetland systems are avoided to the extent practicable; and
      3. (C) The anticipated impacts of fill or removal on wetland systems are minimal.
2. (2) This rule is not meant to establish the definitive analysis for every aspect of wetland conservation planning. In addition to meeting the requirements of this rule, each jurisdiction must also comply with all parts of ORS 196.668 to 196.692 and with its own and other relevant ordinances and state and federal laws, including Section 404 of the Clean Water Act.

Statutory/Other Authority

ORS 196.692

Statutes/Other Implemented

ORS 196.678 - 196.692, 215 & 227.350

History

LB 6-1994, f. & cert. ef. 10-20-94