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Central Point City Zoning Code

CHAPTER 17

66 ENVIRONMENTAL OVERLAY

§ 17.66.010 Purpose.

The purpose of this chapter is to implement the Environmental Overlay established in the Land Use Element of the Comprehensive Plan, including identification and protection of environmentally sensitive lands and natural hazard areas, including floodplains, wetlands, and riparian corridors. Resource protection requirements are designed to comply with applicable state and federal requirements and to provide community benefits such as flood risk reduction, wildlife habitat, water quality improvement, and recreation opportunities for Central Point residents and visitors.
(Ord. 2142, 4/9/2026)

§ 17.66.020 Relationship to Comprehensive Plan.

This chapter implements and coordinates with multiple elements of the Comprehensive Plan as follows:
A. 
Land Use Element. This chapter implements the Environmental Overlay framework established in the Land Use Element, Section 9.3.
B. 
Environmental Management Element. This chapter supports the goals and policies of the Environmental Management Element.
C. 
Other Elements. This chapter is coordinated with the Parks and Recreation Element, Public Facilities and Services Element, and Transportation System Plan.
(Ord. 2142, 4/9/2026)

§ 17.66.030 Official maps.

A. 
Land Use Overlay Map. The official Land Use Overlay Map adopted as Figure 10.1 of the Land Use Element identifies the geographic extent of each Environmental Overlay area. The Land Use Overlay Map is based on environmental resources identified and mapped in the following technical elements and source documents:
1. 
Flood Overlay: Based on Special Flood Hazard Areas identified in the Environmental Element, Natural Hazard Mitigation Plan, and Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps;
2. 
Stream Corridor Overlay: Based on riparian corridors identified in the Environmental Element;
3. 
Wetland Overlay: Based on locally significant wetlands identified in the Environmental Element and the Local Wetlands Inventory approved by Oregon Division of State Lands (to be added to the Land Use Overlay Map when officially adopted);
B. 
Relationship Between Elements. The Environmental Element and other technical elements of the Comprehensive Plan identify environmental resources and establish protection policies. The Land Use Element translates these resources into overlay districts shown on the Land Use Overlay Map. This chapter implements the overlay districts through development regulations.
(Ord. 2142, 4/9/2026)

§ 17.66.040 Definitions.

For the purpose of this chapter, the following definitions apply:
A. 
General Terms.
1. 
Environmental Overlay. Means collectively the Flood Overlay, Stream Corridor Overlay, and Wetland Overlay as shown on the Land Use Overlay Map.
2. 
Mitigation. Means actions taken to avoid, minimize, or compensate for adverse impacts to environmental resources.
B. 
Flood Overlay Terms. For definitions applicable to the Flood Overlay, refer to Chapter 8.24.
C. 
Stream Corridor Overlay Terms.
1. 
Fish-Bearing Stream. Means a stream inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the federal or state Endangered Species Act.
2. 
Riparian Area. Means the area adjacent to a water resource, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the water resource.
3. 
Riparian Buffer. Means a protected area adjacent to and measured from the top of bank that preserves and protects the riparian area and its environmental functions.
4. 
Riparian Corridor. Means a Goal 5 resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the stream corridor overlay boundary.
5. 
Riparian Vegetation. Means native ground cover, shrubs, trees, and other vegetation predominantly influenced by their association with water.
6. 
Top of Bank. Means the stage or elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate upland areas. In the absence of physical evidence, or where the top of bank is not clearly defined, the two-year recurrence interval flood elevation or the line of non-aquatic vegetation (whichever is most landward) may be used to approximate the top of bank.
D. 
Wetland Overlay Terms.
1. 
Jurisdictional Determination. Means a regulatory decision of wetland boundaries that is approved by Oregon Department of State Lands (DSL). A determination is a precise map and documentation of actual wetland boundaries on a parcel.
2. 
Local Wetlands Inventory (LWI). Means maps and reports adopted by the City of Central Point entitled "Central Point Local Wetlands Inventory" and any subsequent revisions approved by Oregon Division of State Lands. The LWI is a comprehensive survey of all wetlands over 0.5 acre in size within the urbanizing area.
3. 
Locally Significant Wetland. Means a wetland determined to be significant under the criteria of OAR 141-086-0300 et seq. These criteria include those wetlands that score a high rating for fish or wildlife habitat, hydrologic control, or water quality improvement functions.
4. 
Oregon Freshwater Wetland Assessment Methodology (OFWAM). Means a wetland function and quality assessment methodology developed by the Oregon Division of State Lands.
5. 
Other Possible Wetland. Means an area noted during the course of developing the Local Wetlands Inventory that appears to meet wetland criteria but is too small (less than 0.5 acre) to require inclusion in the LWI.
6. 
Significant Wetland. Means wetlands identified on the City of Central Point Local Wetlands Inventory and determined to be "significant wetlands" using criteria adopted by Oregon Division of State Lands (DSL).
7. 
Wetland. Means an area inundated or saturated by surface or groundwater 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.
8. 
Wetland Delineation. Means a determination of wetland presence that includes marking the wetland boundaries on the ground and/or on a detailed map prepared by professional land survey or similar accurate methods.
9. 
Wetland Protection Area. Means an area subject to the provisions of this chapter that includes all wetlands determined to be locally significant.
(Ord. 2142, 4/9/2026)

§ 17.66.050 General standards.

The following standards apply to all Environmental Overlay areas unless specifically stated otherwise in §§ 17.66.100, 17.66.200, or 17.66.300.
A. 
State and Federal Permits Required. Nothing in this chapter exempts any person from obtaining required state or federal permits, approvals, or authorizations. Applicable permits include but are not limited to those from:
1. 
Oregon Division of State Lands (wetlands and waterways);
2. 
U.S. Army Corps of Engineers (Clean Water Act Section 404);
3. 
Oregon Department of Fish and Wildlife (habitat mitigation pursuant to OAR 635-415);
4. 
Oregon Department of Environmental Quality (water quality);
5. 
Federal Emergency Management Agency (floodplains).
B. 
Relationship to Other Regulations. Properties within Environmental Overlay areas remain subject to all requirements of:
1. 
The underlying base zoning district;
2. 
Any other applicable overlay zones;
3. 
All applicable provisions of the Central Point Municipal Code;
4. 
State regulations; and
5. 
Federal regulations.
Where standards conflict, the most restrictive standard shall govern.
C. 
Nonconforming Situations.
1. 
Applicability. This subsection C applies to nonconforming structures within the Stream Corridor Overlay (§ 17.66.200) and Wetland Overlay (§ 17.66.300) only. Nonconforming structures within the Flood Overlay (§ 17.66.100) are subject to Chapter 8.24.
2. 
General Provisions. Pre-existing uses, signs, and structures legally established within the Stream Corridor Overlay or Wetland Overlay prior to adoption of this chapter that does not conform to current standards shall be considered nonconforming and may be replaced or expanded subject to this subsection C and Chapter 17.56 (Nonconforming Situations). Where there is a conflict between the provisions of this chapter and the requirements in Chapter 17.56, the provisions of this chapter shall govern.
3. 
Replacement Within Same Footprint. Replacement of a nonconforming structure within or partially within the Stream Corridor Overlay or Wetland Overlay is permitted if:
a. 
The replacement structure is within the same building footprint; and
b. 
No additional surface area within the Stream Corridor Overlay or Wetland Overlay is disturbed.
4. 
Expansion Outside Overlay Area. Expansion of the footprint of a nonconforming structure is permitted if:
a. 
The expansion occurs entirely outside the Stream Corridor Overlay or Wetland Overlay area; and
b. 
No additional surface area within the Stream Corridor Overlay or Wetland Overlay is disturbed by the expansion.
5. 
Replacement After Damage or Destruction. A nonconforming structure within the Stream Corridor Overlay or Wetland Overlay that is damaged or destroyed by fire, flood, wind, or other casualty may be rebuilt to the same size and in the same location, provided:
a. 
Reconstruction commences within two years of the date of damage or destruction; and
b. 
The replacement complies with all applicable provisions of Chapter 8.24 if located within the Flood Overlay.
D. 
Conservation of Overlay Areas on Pre-Existing Lots.
1. 
Purpose. This section ensures long-term conservation and maintenance of Stream Corridor and Wetland Overlay areas on lots legally created prior to adoption of this chapter that are not subject to the lot layout requirements of Chapter 16.10. Wetland and riparian corridor disturbance is costly to mitigate and rarely restores ecological functions to pre-disturbance levels. Avoidance of impacts is therefore strongly preferred and required to the maximum extent practicable before mitigation under § 17.66.370 is considered.
2. 
Applicability. This section applies to development proposed on lots legally created prior to adoption of this chapter where any portion of the lot is within the Stream Corridor Overlay or Wetland Overlay. This section does not apply to the Flood Overlay, which is governed by Chapter 8.24.
3. 
Avoidance Required. Prior to approval of any development application subject to this section, the applicant shall demonstrate that the proposed development has been designed to avoid impacts to overlay areas to the maximum extent practicable. The approving authority shall not approve a development application that impacts overlay areas where a practicable alternative design exists that would avoid or substantially reduce those impacts.
4. 
Criteria for Avoidance Finding. In determining whether a practicable alternative design exists, the approving authority shall consider the following:
a. 
Whether the proposed use or structure can be relocated to avoid or reduce impacts to the overlay area while remaining on the subject property;
b. 
Whether the scale, footprint, or configuration of the proposed development can be reduced to avoid or minimize overlay impacts;
c. 
Whether the proposed use requires a location within the overlay area due to functional dependence on the stream corridor or wetland resource;
d. 
Whether avoidance would render the property unbuildable or deprive the applicant of all reasonable use of the property; and
e. 
Recommendations of applicable state and federal agencies, including Oregon Department of Fish and Wildlife and Oregon Division of State Lands, and the recommendations of qualified professionals, such as a wetland biologist, hydrologist, or other technical expert.
5. 
Long-Term Conservation. When approving Conditional Use Permits, Master Plans, Site Plan approvals, or any other development permit on lots containing Stream Corridor Overlay or Wetland Overlay areas, the approving authority shall require long-term conservation and maintenance of those areas through one of the following mechanisms, listed in order of preference:
a. 
Conservation Easement. The overlay area shall be protected in perpetuity by a conservation easement held by a qualified land trust or other conservation organization, recorded on deeds and plats, and prescribing the conditions and restrictions set forth in this chapter and any conditions imposed by applicable state or federal permits.
b. 
The overlay area shall be transferred by deed to a willing public agency or qualified conservation organization with a recorded conservation easement prescribing the conditions and restrictions set forth in this chapter and any conditions imposed by applicable state or federal permits.
c. 
Where options in Subsections (D)(5)(a) and D(5)(b) of this section are demonstrated to be infeasible, the overlay area shall be protected through another mechanism acceptable to the approving authority that ensures long-term protection and maintenance in perpetuity consistent with the standards of this chapter.
6. 
Relationship to Mitigation. Conservation of overlay areas under this section is not a substitute for mitigation where impacts to overlay areas are proposed and approved. Where impacts cannot be avoided, the applicant shall comply with both this section and the mitigation requirements of § 17.66.370. Conservation mechanisms required under this section shall be recorded prior to issuance of building or other development permits that initiate construction.
(Ord. 2142, 4/9/2026)

§ 17.66.060 Additional application requirements.

Applications for development within Environmental Overlay areas shall comply with the application procedures of Chapter 17.05 and shall include a site plan containing the information required by § 17.72.030. In addition, the following overlay-specific information is required:
A. 
Stream Corridor Overlay.
1. 
Survey or site plan. All applications must include a survey or site plan prepared by a qualified professional showing:
a. 
Location of top of bank;
b. 
50-foot riparian buffer boundary on both sides;
c. 
Existing vegetation within buffer.
2. 
Conditional Use. Pursuant to § 17.66.240 and Chapter 17.76, applications for conditional use must include:
a. 
Mitigation plan demonstrating how impacts will be avoided, minimized, or compensated;
b. 
Alternatives analysis if required;
c. 
Documentation that state and federal permits have been obtained or applied for.
3. 
Map Errors or corrections. Applications to correct overlay maps must include:
a. 
Survey or site plan, in accordance with subsection (A)(1) of this section.
b. 
Alternative analysis that depicts the revised stream corridor overlay.
c. 
Documentation demonstrating coordination with Oregon Department of Fish and Wildlife consistent with subsection (C) of this section.
B. 
Wetland Overlay.
1. 
A wetland delineation and jurisdictional determination approved by Oregon Department of State Lands (DSL) if:
a. 
Development is proposed within mapped wetland area;
b. 
Development is proposed within 25 feet of mapped wetland;
c. 
An application to correct a mapping error is submitted; or
d. 
Evidence of wetlands or waters of the state is present on or within 50 feet of the subject property.
2. 
Map errors or corrections. Applications to correct wetland overlays must include:
a. 
Wetland delineation and jurisdictional determination approved by DSL, in accordance with subsection (B)(1) of this section;
b. 
Alternative analysis that depicts the revised wetland overlay.
C. 
State Agency Coordination. The Planning Director shall coordinate with appropriate state agencies and may incorporate, or require compliance with, their comments and recommendations. Applications within Environmental Overlay areas shall be referred to:
1. 
Oregon Department of State Lands for applications that may affect wetlands or waters of the state, including but not limited to those identified in the Local Wetlands Inventory;
2. 
Oregon Department of Fish and Wildlife for review and habitat mitigation recommendations consistent with OAR 635-415, for applications that may affect the Stream Corridor Overlay, as defined and determined in § 17.66.220.
(Ord. 2142, 4/9/2026)

§ 17.66.100 Flood overlay.

This section establishes the Flood Overlay to implement flood hazard management provisions of the Environmental Overlay.
(Ord. 2142, 4/9/2026)

§ 17.66.110 Purpose.

The Flood Overlay implements the flood hazard provisions of the Environmental Overlay (Land Use Element, Section 9.3) to reduce risks to public health, safety, and property from flooding.
(Ord. 2142, 4/9/2026)

§ 17.66.120 Standards and boundaries.

All flood hazard areas, development standards, permit requirements, and regulatory boundaries for the Flood Overlay are established in Chapter 8.24 (Flood Damage Prevention). The Flood Overlay shown on the Land Use Overlay Map corresponds to the Special Flood Hazard Areas regulated under Chapter 8.24.
(Ord. 2142, 4/9/2026)

§ 17.66.200 Stream Corridor Overlay.

This section establishes the Stream Corridor Overlay to protect and restore riparian corridors and their ecological functions.
(Ord. 2142, 4/9/2026)

§ 17.66.210 Purpose.

The Stream Corridor Overlay implements the riparian corridor protection provisions of the Environmental Overlay (Land Use Element, Section 9.3) and the Environmental Element. This section is based on the "safe harbor" approach as defined in OAR 660-023-0090(5). Specifically, this section is intended to:
A. 
Implement the goals and policies of the Central Point Comprehensive Plan;
B. 
Satisfy the requirements of Statewide Planning Goal 5 and Goal 6;
C. 
Protect Central Point's riparian corridors, thereby protecting the hydrologic and ecologic functions these areas provide for the community;
D. 
Protect habitat for fish, other aquatic life, and wildlife;
E. 
Protect water quality and natural hydrology, to control erosion, limit sedimentation, and reduce the effects of flooding;
F. 
Provide a stream "right-of-way" to accommodate lateral migration of the channel and protect the stream and adjacent properties;
G. 
Protect the amenity values and educational opportunities of Central Point's riparian areas as community assets; and
H. 
Enhance coordination among local, state, and federal agencies regarding development activities near riparian areas.
(Ord. 2142, 4/9/2026)

§ 17.66.220 Applicability and boundaries.

A. 
Applicability. These provisions apply to riparian corridors as identified and mapped in the Environmental Element (Figure 2, Stream Corridor Overlay Map) and designated as "Stream Corridor Overlay" on the Land Use Overlay Map (Figure 10.1 of the Land Use Element).
B. 
State and Federal Jurisdiction. State and federal riparian regulations continue to apply within the Stream Corridor Overlay regardless of whether specifically mapped. Nothing in this section supersedes or nullifies state or federal requirements.
C. 
Overlay Components. The Stream Corridor Overlay consists of two components:
1. 
Stream Channel: The area between the top of bank on each side of the waterway; and
2. 
Riparian Buffer: A protected area extending 50 feet horizontally from the top of bank on both sides of the stream channel.
D. 
Buffer Measurement.
1. 
The riparian buffer shall be measured horizontally from the top of bank as defined in § 17.66.040.
2. 
Where the top of bank cannot be clearly identified in the field, the two-year recurrence interval flood elevation or the line of non-aquatic vegetation (whichever is most landward) shall be used to approximate the top of bank.
E. 
Stream Classifications. This overlay applies to waterways classified as:
1. 
Locally Significant Streams: Waterways determined to have significant riparian areas in accordance with OAR 660-023-0090, classified as fish-bearing streams.
2. 
Local Streams: Non-fish-bearing streams with flows below 500 cubic feet per second (cfs) determined to have riparian areas necessary to maintain and improve water quality.
F. 
Mapping Error and Corrections. The Planning Director may correct the location of the riparian buffer, providing written record of the decision, for applications consistent with the requirements in § 17.66.060(A)(3). and demonstrating the following:
1. 
There was an error in the original mapping; or
2. 
The boundaries of the resource have changed since the most recent update to the map.
(Ord. 2142, 4/9/2026)

§ 17.66.230 Permitted uses and activities.

The following activities are allowed within the Stream Corridor Overlay without additional City review beyond any review otherwise required by the base zone, provided applicable state and federal permits are obtained:
A. 
Riparian Buffer Enhancement. Riparian restoration and rehabilitation activities that improve ecological conditions within the stream corridor, including but not limited to habitat improvements (e.g., placement of woody debris and other habitat structures), native vegetation planting, bank stabilization and other modifications to increase riparian functions.
1. 
Such activities may include minor earthwork for the excavation or placement of up to five cubic yards of soil and disturb an area of no more than 1,000 square feet; and
2. 
Projects exceeding these thresholds shall comply with § 17.66.260(D).
B. 
Hazard Tree Removal. Cutting and removal of trees which pose a hazard to life or property due to threat of falling.
C. 
Vegetation Management. Removal of nonnative vegetation, provided it is replaced with native plant species at similar coverage density such that native species become dominant.
D. 
Agricultural Operations. Normal farm practices, other than structures, roads, or other facilities that involve placement of fill material, excavation, or drainage measures, that were in place at adoption of this chapter on Exclusive Farm Use lands.
E. 
Maintenance Activities. Routine maintenance of existing drainage facilities, utilities, and irrigation pumps that do not disturb additional riparian surface area beyond the existing footprint.
F. 
Pre-Existing Development. Any use, sign, or structure, and the maintenance thereof, lawfully existing on the date of adoption of this chapter, is permitted within the Stream Corridor Overlay. Such use, sign, or structure may continue at a similar level and manner as existed on the date of adoption. The maintenance and alteration of pre-existing ornamental landscaping is permitted as long as no additional riparian vegetation is disturbed. The provisions of this section shall not be affected by any change in ownership of properties containing a stream corridor.
G. 
Emergency Repairs. Emergency repairs authorized by the City, subject to the standards in § 17.66.260(A).
H. 
Street and Driveway Maintenance. Maintenance, paving, and reconstruction of existing public and private streets, driveways, and pathways, subject to the standards in § 17.66.260(B).
I. 
Fences. Fences on existing lots, subject to the standards in § 17.66.260(C).
J. 
Stream Restoration and Enhancement. Stream restoration, rehabilitation and mitigation projects that improve specific stream functions or replace lost ecological functions, subject to the standards in § 17.66.260(D).
(Ord. 2142, 4/9/2026)

§ 17.66.240 Conditional uses.

A. 
Applicability. The following uses may be permitted within the Stream Corridor Overlay subject to approval of a Conditional Use Permit pursuant to Chapter 17.76, provided they are:
1. 
Compatible with the purpose and intent of § 17.66.210;
2. 
Designed to minimize disturbance within the stream corridor; and
3. 
Supported by applicable state and federal permits.
B. 
Conditional Uses. The following uses may be allowed as conditional uses:
1. 
Water-related or water-dependent uses, such as drainage facilities and irrigation pumps;
2. 
Utilities or other public improvements;
3. 
Streets, roads, or bridges where necessary for access or crossings;
4. 
Shared-use paths, accessways, trails, picnic areas, interpretive and educational displays and overlooks, including benches and outdoor furniture.
(Ord. 2142, 4/9/2026)

§ 17.66.250 Prohibited activities.

The following activities are prohibited within the Stream Corridor Overlay unless specifically authorized as a permitted use in § 17.66.230, a conditional use in § 17.66.240, or through the development standards in § 17.66.260:
A. 
Placement of new structures or impervious surfaces;
B. 
Excavation, drainage, grading, or fill (except as authorized for stream restoration in § 17.66.260(D);
C. 
Removal of native vegetation (except for fire protection, hazard tree removal, or invasive species removal as authorized in § 17.66.230);
D. 
Expansion of areas of landscaping with nonnative species, such as lawn or garden, into the stream corridor;
E. 
Disposal or temporary storage of refuse, yard debris, or other material;
F. 
Uses not allowed in the underlying base zone.
(Ord. 2142, 4/9/2026)

§ 17.66.260 Development standards.

The following development standards apply to activities within the Stream Corridor Overlay:
A. 
Emergency Repairs. Emergency repairs authorized by the City may be undertaken without full compliance with this chapter when it is necessary to:
1. 
Prevent an imminent threat to public health or safety; or
2. 
Prevent imminent danger to public or private property; or
3. 
Prevent an imminent threat of serious environmental degradation.
Emergency authorization does not waive the requirement to obtain applicable state and federal permits. Full compliance with this chapter is required for permanent repairs following resolution of the emergency.
B. 
Street and Driveway Standards. Maintenance, paving, and reconstruction of existing public and private streets, driveways, and pathways is permitted within the Stream Corridor Overlay if:
1. 
Work disturbs no more total surface area than the area inside the street right-of-way or access easement; plus
2. 
Up to an additional 5% of the surface area of the street right-of-way or access easement outside of the right-of-way or easement; and
3. 
Public streets are located within public right-of-way or public easement.
C. 
Fence Standards.
1. 
Fencing on New Lots. Fencing is prohibited within the Stream Corridor Overlay on lots created after adoption of this chapter, except:
a. 
Temporary construction fencing during approved development or restoration activities;
b. 
Wildlife-compatible fencing approved as part of an approved habitat restoration or mitigation plan; or
c. 
Fencing required by state of federal safety regulations (e.g., pool barrier requirements where pools are otherwise legally permitted).
2. 
Fencing on Existing Lots. New fencing may be allowed within the Stream Corridor Overlay where the applicant demonstrates all of the following criteria are met:
a. 
The fencing does not affect the hydrology of the site;
b. 
The fencing does not present an obstruction that would increase flood velocity or intensity;
c. 
Fish habitat is not adversely affected by the fencing;
d. 
The fencing is the minimum necessary to achieve the applicant's purpose and
e. 
The fence design is wildlife-compatible (e.g., provides adequate spacing for wildlife passage) where feasible.
3. 
Application Requirements. Applications for new fencing within the Stream Corridor Overlay shall include the information required in § 17.66.060(A).
D. 
Stream Restoration and Enhancement. Stream restoration and enhancement projects exceeding the disturbance thresholds in § 17.66.230(A) for minor restoration projects are permitted when all of the following standards are met:
1. 
The restoration and enhancement results in a net gain in stream corridor functions;
2. 
Restoration and enhancement that involves in-stream work must demonstrate compliance with provisions of Chapter 8.24 (Flood Damage Prevention), including but not limited to §§ 8.24.160, 8.24.170, and 8.24.200;
3. 
All required state and federal permits have been obtained.
(Ord. 2142, 4/9/2026)

§ 17.66.300 Wetland Overlay.

This section establishes the Wetland Overlay to protect and restore locally significant wetlands and their ecological functions.
(Ord. 2142, 4/9/2026)

§ 17.66.310 Purpose.

The Wetland Overlay implements the wetland protection provisions of the Environmental Overlay (Land Use Element, Section 9.3) and the Environmental Element. This section is based on the "safe harbor" approach as defined in OAR 660-023-0090(8). Specifically, this section is intended to:
A. 
Protect locally significant wetlands and their ecological functions;
B. 
Satisfy the requirements of Statewide Planning Goal 5;
C. 
Protect wetland habitat for fish, wildlife, and plant species;
D. 
Preserve wetland hydrologic functions including flood storage, groundwater recharge, and water quality improvement;
E. 
Coordinate with Oregon Division of State Lands and federal wetland protection programs; and
F. 
Preserve wetlands as community amenities providing educational and passive recreation opportunities.
(Ord. 2142, 4/9/2026)

§ 17.66.320 Applicability and boundaries.

A. 
Temporary Application (Until Official Mapping). Until wetland areas are officially mapped and added to the Land Use Overlay Map, this section applies to:
1. 
All wetlands shown on the City's Local Wetlands Inventory (LWI) as approved by Oregon Division of State Lands;
2. 
All areas identified as "Other Possible Wetlands" in the LWI; and
3. 
Any wetland identified through a jurisdictional delineation approved by Oregon Division of State Lands.
B. 
Following Official Mapping. Once wetland boundaries are officially mapped and adopted as part of the Land Use Overlay Map (Figure 10.1 of the Land Use Element), this section shall apply to all areas designated as "Wetland Overlay."
C. 
State and Federal Jurisdiction. State and federal wetland regulations continue to apply within the Wetland Overlay regardless of whether specifically mapped. Nothing in this section supersedes or nullifies state or federal requirements.
D. 
Boundary Determination.
1. 
The precise boundary of a wetland shall be established through an on-site wetland delineation and survey prepared by a qualified professional using methods approved by Oregon Division of State Lands.
2. 
Wetland boundaries determined through an approved jurisdictional delineation shall take precedence over generalized boundaries shown on the Local Wetlands Inventory or Land Use Overlay Map.
E. 
Wetland Significance Determination. Wetlands subject to this overlay are those determined to be "locally significant" in accordance with criteria adopted by Oregon Division of State Lands (OAR 141-086-0300 et seq.).
F. 
Mapping Error and Correction. Applications to correct the wetland overlay must demonstrate a mapping error. The Planning Director may correct the location of the wetland protection area, providing written record of the decision, for applications consistent with the requirements of § 17.66.060(B).
(Ord. 2142, 4/9/2026)

§ 17.66.330 Permitted uses and activities.

The following activities are allowed within the Wetland Overlay without additional City review beyond any review otherwise required by the base zone, provided applicable state and federal permits are obtained:
A. 
Resource Enhancement. Wetland restoration and rehabilitation activities that improve ecological conditions within a wetland, including but not limited to habitat improvements, native vegetation planting, bank stabilization, and other modifications to increase wetland functions.
B. 
Vegetation Management.
1. 
Removal of nonnative or invasive vegetation, provided it is replaced with native wetland plant species appropriate to the site's hydrology;
2. 
Native plant species shall be installed at similar or greater coverage density such that natives become dominant.
C. 
Hazard Tree Removal. Cutting and removal of trees which pose a hazard to life or property due to threat of falling.
D. 
Scientific and Educational Activities. Non-invasive scientific research, environmental monitoring, and educational activities that do not disturb wetland soils or vegetation.
E. 
Agricultural Operations. Normal farm practices, other than structures, roads, or other facilities that involve placement of fill material, excavation, or drainage measures, that were in place at adoption of this chapter on Exclusive Farm Use lands.
F. 
Maintenance Activities. Routine maintenance of existing drainage facilities, utilities, and irrigation pumps that do not disturb additional wetland surface area beyond the existing footprint.
G. 
Pre-Existing Development. Any use, sign, or structure, and the maintenance thereof, lawfully existing on the date of adoption of this chapter, is permitted within the Wetland Overlay. Such use, sign, or structure may continue at a similar level and manner as existed on the date of adoption. The maintenance and alteration of pre-existing ornamental landscaping is permitted as long as no additional wetland area is disturbed. The provisions of this section shall not be affected by any change in ownership of properties containing a wetland.
H. 
Emergency Activities. Emergency repairs or activities authorized by the City, subject to the standards in § 17.66.360(A).
I. 
Street and Driveway Maintenance. Maintenance, paving, and reconstruction of existing public and private streets, driveways, and pathways, subject to the standards in § 17.66.360(B).
J. 
Fences. New fencing, subject to the standards in § 17.66.350(C).
(Ord. 2142, 4/9/2026)

§ 17.66.340 Prohibited activities.

Except as expressly provided below, the following activities are prohibited within the Wetland Overlay unless specifically authorized as a permitted use in § 17.66.330, or pursuant to an approved wetland delineation showing the activity would occur outside wetland boundaries:
A. 
Placement of fill material;
B. 
Excavation, grading, or dredging;
C. 
Removal of native wetland vegetation (except invasive species removal with native replacement);
D. 
Construction of new structures or improvements;
E. 
Expansion of existing structures;
F. 
Installation of utilities (except as approved through conditional use permit);
G. 
Storage of materials, equipment, or vehicles;
H. 
Dumping or disposal of any materials;
I. 
Activities that alter wetland hydrology, including but not limited to:
1. 
Draining or dewatering;
2. 
Diversion of water sources;
3. 
Installation of drainage tiles or ditches;
4. 
Modification of surface or groundwater flow patterns;
J. 
Grading or land-disturbing activities; and
K. 
Application of pesticides, herbicides, or fertilizers (except as specifically approved for invasive species control with appropriate permits).
(Ord. 2142, 4/9/2026)

§ 17.66.350 Development standards.

The following development standards apply to activities within the Wetland Overlay:
A. 
Emergency Activities. Emergency repairs or activities authorized by the City may be undertaken without full compliance with this chapter when it is necessary to:
1. 
Prevent an imminent threat to public health or safety; or
2. 
Prevent imminent danger to public or private property; or
3. 
Prevent an imminent threat of serious environmental degradation.
Emergency authorization does not waive the requirement to obtain applicable state and federal permits. Full compliance with this chapter is required for permanent repairs or improvements following resolution of the emergency.
B. 
Setbacks from Wetland Boundaries.
1. 
Where feasible, all structures, improvements, and land-disturbing activities should be set back from wetland boundaries to provide a transition area and additional protection for wetland functions.
2. 
Minimum setbacks may be established as conditions of approval for conditional use permits based on site-specific conditions and the sensitivity of wetland resources.
C. 
Erosion and Sediment Control. All activities adjacent to wetlands shall employ best management practices for erosion and sediment control to prevent degradation of wetland water quality, including:
1. 
Installation of erosion control measures prior to ground disturbance;
2. 
Stabilization of disturbed areas;
3. 
Protection of wetlands from construction equipment and staging areas; and
4. 
Regular inspection and maintenance of erosion control measures.
D. 
Street and Driveway Standards. Maintenance, paving, and reconstruction of existing public and private streets, driveways, and pathways is permitted within the Wetland Overlay if:
1. 
Work disturbs no more total surface area than the area inside the street right-of-way or access easement; and
2. 
Public streets are located within public right-of-way or public easement.
E. 
Fence Standards.
1. 
Fencing on New Lots. Fencing is prohibited in the Wetland Overlay on lots created after adoption of this chapter, except:
a. 
Temporary construction fencing during approved development or restoration activities;
b. 
Wildlife-compatible fencing approved as part of an approved wetland restoration or mitigation plan; or
c. 
Fencing required by state or federal safety regulations (e.g., pool barrier requirements where pools are otherwise legally permitted).
2. 
Fencing on Existing Lots. New fencing may be allowed within the Wetland Overlay where the applicant demonstrates all of the following criteria are met:
a. 
The fencing does not affect the hydrology of the site;
b. 
The fencing does not present an obstruction that would increase flood velocity or intensity;
c. 
Fish habitat is not adversely affected by the fencing; and
d. 
The fencing is the minimum necessary to achieve the applicant's purpose.
3. 
Application Requirements. Applications for new fencing within the Wetland Overlay shall include a scaled drawing that clearly depicts the wetland overlay boundary.
(Ord. 2142, 4/9/2026)

§ 17.66.360 Delineation requirements.

A. 
When Required. A wetland delineation and jurisdictional determination approved by Oregon Division of State Lands is required for:
1. 
Any development application where wetlands may be present on the site or within 25 feet of proposed development;
2. 
Determination of wetland boundaries for purposes of applying the standards of this chapter.
B. 
Delineation Standards. Wetland delineations shall be:
1. 
Prepared by a qualified professional with demonstrated experience in wetland identification and delineation;
2. 
Conducted using methodology approved by Oregon Division of State Lands;
3. 
Submitted to Oregon Division of State Lands for review and approval;
4. 
Based on field investigations conducted during the appropriate season for wetland identification;
5. 
Accompanied by:
a. 
Data forms documenting wetland determinations;
b. 
Photographs of the site;
c. 
Maps showing wetland boundaries and data point locations;
d. 
Description of wetland types and functions.
C. 
Delineation Validity.
1. 
Approved wetland delineations are valid for five years from the date of Oregon Division of State Lands approval, unless site conditions change substantially.
2. 
The Planning Director may require an updated delineation if:
a. 
The approved delineation is more than five years old;
b. 
Site conditions have changed significantly;
c. 
New information indicates the approved delineation may be inaccurate.
(Ord. 2142, 4/9/2026)

§ 17.66.370 Mitigation requirements.

A. 
Mitigation Hierarchy. Where impacts to wetlands are proposed and cannot be avoided, mitigation shall follow this sequence:
1. 
First, avoid the impact altogether;
2. 
Second, minimize impacts by limiting the degree or magnitude of the action;
3. 
Third, rectify the impact by repairing, rehabilitating, or restoring the affected environment;
4. 
Fourth, reduce or eliminate the impact over time through preservation and maintenance; and
5. 
Finally, compensate for the impact by replacing or providing substitute wetland resources.
B. 
Compensatory Mitigation Standards. Where compensatory mitigation is required, it shall:
1. 
Location.
a. 
Occur on-site unless the applicant demonstrates on-site mitigation is not practicable;
b. 
Off-site mitigation shall be located within the same watershed where feasible;
c. 
Off-site mitigation shall be secured through conservation easement or other permanent protection mechanism.
2. 
Type.
a. 
Be in-kind (replace wetland type impacted with same wetland type) unless the applicant demonstrates in-kind mitigation is not practicable;
b. 
Out-of-kind mitigation may be approved if it provides greater overall wetland functions and values.
3. 
Ratio.
a. 
Achieve no net loss of wetland area and functions;
b. 
Minimum mitigation ratios:
i. 
Restoration of degraded wetlands: minimum 1.5:1 (area of mitigation to area of impact);
ii. 
Creation of new wetlands: minimum 2:1;
iii. 
Enhancement of existing wetlands: minimum 3:1.
4. 
Timing.
a. 
Be completed prior to or concurrent with impacts unless phased implementation is specifically approved;
b. 
Construction of mitigation wetlands shall precede or be concurrent with impacts to existing wetlands.
5. 
Success Criteria. Include clear, measurable success criteria based on wetland type and functions being replaced.
C. 
Mitigation Plan Requirements. Wetland mitigation plans shall include:
1. 
Baseline Assessment.
a. 
Approved jurisdictional delineation;
b. 
Functional assessment of existing wetlands;
c. 
Description of wetland types, vegetation, and wildlife use.
2. 
Impact Analysis.
a. 
Quantification of wetland area and functions to be impacted;
b. 
Analysis of direct and indirect impacts.
3. 
Mitigation Design.
a. 
Location and boundaries of mitigation wetlands;
b. 
Grading and hydrologic plans;
c. 
Planting plan with native wetland species;
d. 
Soils plan if amendments needed.
4. 
Success Criteria.
a. 
Measurable performance standards for hydrology, vegetation, and functions;
b. 
Target wetland type and quality to be achieved.
5. 
Monitoring Plan.
a. 
Monitoring methods, parameters, frequency, and duration (minimum five years for created/restored wetlands);
b. 
Annual reporting requirements.
6. 
Maintenance Plan.
a. 
Vegetation establishment and maintenance procedures;
b. 
Invasive species control;
c. 
Hydrology maintenance.
7. 
Adaptive Management.
a. 
Contingency measures if success criteria are not met;
b. 
Corrective action procedures.
8. 
Long-term Protection.
a. 
Conservation easements or deed restrictions;
b. 
Long-term stewardship plan and funding.
D. 
Coordination with State and Federal Agencies. Wetland mitigation plans shall be coordinated with Oregon Division of State Lands and the U.S. Army Corps of Engineers as applicable.
(Ord. 2142, 4/9/2026)