1. (1) A local government may designate isolated wetlands one acre or less in area into the Development Category if:

   1. (a) The local government determines that there is no less damaging practicable alternative within the WCP area with the same zoning; and

   2. (b) The function and value assessment indicates that the wetland:

      1. (A) Provides no functions or values and has little enhancement potential; or
      2. (B) Provides or has potential to provide only functions or values that are not listed as WCP Goals; or
      3. (C) The local government demonstrates with findings of fact and supporting reasons that the wetland can reasonably be expected to be adversely impacted by committed infrastructure; and

2. (2) A local government may designate wetlands or portions of wetlands notwithstanding the wetland’s size or connectivity into the Development Category if:

   1. (a) The local government determines that there is no less damaging practicable alternative with the same comprehensive plan land use designation within the WCP area; and

   2. (b) The functions and values assessment for the wetland indicates that the wetland:

      1. (A) Provides no function and has little enhancement potential; or
      2. (B) Provides or has potential to provide only functions or values that are not listed as WCP Goals and has little enhancement potential.

3. (3) A local government may designate wetlands or portions of wetlands notwithstanding the wetland’s size or connectivity into the Development Category if:

   1. (a) The functions and values assessment for the wetland indicates that the wetland provides or has potential to provide a function or value that is listed as a WCP Goal or has enhancement potential; and

   2. (b) The local government:

      1. (A) Determines that there is no less damaging practicable alternative with the same comprehensive plan land use designation within the UGB, the Urban Service area or the Rural Service area; and
      2. (B) Provides an explanation, in the form of a finding of fact with supporting reasons, as to why the comprehensive plan’s land use designation cannot be changed to avoid impacting the wetland.
4. (4) For the purposes of OAR 141-120-0160, the term “less damaging practicable alternative” means “less environmentally damaging practicable alternative.”

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