Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0670 - Special Management Areas Natural Resource Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All new development and uses, as
			 described in a site plan prepared by the applicant, shall be evaluated using
			 the following guidelines to ensure that natural resources are protected from
			 adverse effects. Cumulative effects analysis is not required for expedited
			 review uses or development. Comments from state and federal agencies shall be
			 carefully considered.
(2) Water
			 Resources (Wetlands, Streams, Ponds, Lakes, and Riparian Areas)
(a) All Water Resources shall, in part, be
			 protected by establishing undisturbed buffer zones as specified in subsections
			 (2)(a)(B)(i) and (ii) below. These buffer zones are measured horizontally from
			 a wetland, stream, lake, or pond boundary as defined below.
(A) All buffer zones shall be retained
			 undisturbed and in their natural condition, except as permitted with a
			 mitigation plan.
(B) Buffer zones
			 shall be measured outward from the bank full flow boundary for streams, the
			 high water mark for ponds and lakes, the normal pool elevation for the Columbia
			 River, and the wetland delineation boundary for wetlands on a horizontal scale
			 that is perpendicular to the wetlands, stream, pond or lake boundary. On the
			 main stem of the Columbia River above Bonneville Dam, buffer zones shall be
			 measured landward from the normal pool elevation of the Columbia River. The
			 following buffer zone widths shall be required:
(i) A minimum 200-foot buffer on each
			 wetland, pond, lake, and each bank of a perennial or fish bearing stream, some
			 of which can be intermittent.
(ii)
			 A 50-foot buffer zone along each bank of intermittent (including ephemeral),
			 non-fish bearing streams.
(iii)
			 Maintenance, repair, reconstruction and realignment of roads and railroads
			 within their rights-of-way shall be exempted from the wetlands and riparian
			 guidelines upon demonstration of all of the following:
(I) The wetland within the right-of-way is a
			 drainage ditch not part of a larger wetland outside of the
			 right-of-way;
(II) The wetland is
			 not critical habitat; and
(III)
			 Proposed activities within the right-of-way would not adversely affect a
			 wetland adjacent to the right-of-way.
(C) The buffer width shall be increased for
			 the following:
(i) When the channel migration
			 zone exceeds the recommended buffer width, the buffer width shall extend to the
			 outer edge of the channel migration zone;
(ii) When the frequently flooded area exceeds
			 the recommended riparian buffer zone width, the buffer width shall be extended
			 to the outer edge of the frequently flooded area; or
(iii) When an erosion or landslide hazard
			 area exceeds the recommended width of the buffer, the buffer width shall be
			 extended to include the hazard area.
(D) Buffer zones can be reconfigured if a
			 project applicant demonstrates the integrity and function of the buffer zones
			 is maintained, the total buffer area on the development proposal is not
			 decreased, the width reduction shall not occur within another buffer, and the
			 buffer zone width is not reduced more than 50% at any particular location. Such
			 features as intervening topography, vegetation, human-made features, natural
			 plant or wildlife habitat boundaries, and flood plain characteristics could be
			 considered.
(E) Requests to
			 reconfigure buffer zones shall be considered if an appropriate professional
			 (botanist, plant ecologist, wildlife biologist, or hydrologist), hired by the
			 project applicant identifies the precise location of the rare wildlife or plant
			 or water resource, describes the biology of the rare wildlife or plant or
			 hydrologic condition of the water resource, and demonstrates that the proposed
			 use will not have any negative effects, either direct or indirect, on the
			 affected wildlife or plant and their surrounding habitat that is vital to their
			 long-term survival or water resource and its long term function.
(F) The Executive Director shall submit all
			 requests to re-configure rare wildlife or plant or water resource buffers to
			 the Forest Service and the appropriate state agencies for review. All written
			 comments shall be included in the project file. Based on the comments from the
			 state and federal agencies, the Executive Director will make a final decision
			 on whether the reconfigured buffer zones are justified. If the final decision
			 contradicts the comments submitted by the federal and state agencies, the
			 Executive Director shall justify how the opposing conclusion was
			 reached.