1. (1) Local governments at a minimum shall place into the Protection Category wetlands or portions of wetlands that:

   1. (a) Contain uncommon wetland plant communities including those listed in the Oregon Natural Heritage Program’s Classification and Catalog of Native Wetland Plant Communities in Oregon as G3 or S3 or lower;
   2. (b) Are legally protected;
   3. (c) Are inhabited by or support any species listed by the federal or state government as a sensitive, threatened or endangered species in Oregon unless consultation with the appropriate state or federal agency indicates that the wetland is not important for the species; or
   4. (d) Are listed as “Wetlands of Special Interest for Protection” in the Oregon Freshwater Wetland Assessment Methodology; or
   5. (e) Are located in designated floodways; or
   6. (f) Are identified as habitat for spawning or rearing anadromous salmonid fish by the Oregon Department of Fish and Wildlife or the National Marine Fisheries Service.
2. (2) In addition to areas protected under OAR 141-120-0070(1), local governments should place into the protection category wetlands or portions of wetlands that meet protection criteria established as part of the WCP to achieve WCP Goals.
3. (3) For the purposes of this section, the term “floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100 year flood without cumulatively increasing the water surface elevation more than a designated height.

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