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Dallas City Zoning Code

CHAPTER 2

8 Riparian Corridors And Wetlands Regulations

2.8.010 Purpose

The purpose of this chapter is to retain designated riparian corridors and wetlands in their natural condition, and to enhance the functions and values of riparian corridors and wetlands where reasonably possible.

  1. This Chapter ensures City compliance with Statewide Planning Goals 5 (related to Stream Corridor Protection) and assists in compliance with Goal 6 (Air, Land and Water Resources Quality) and 7 (Natural Disasters and Hazards).
  2. In order to accomplish these purposes, this Chapter includes methods and provisions for controlling the alteration of natural floodplains, stream channels, and stream corridors that help accommodate or channel flood waters and protect fish and wildlife habitat and native vegetation; and controlling filling, grading, dredging, and other development that may increase flood damage or reduce the functions and values provided by stream corridors and wetlands.

2.8.020 Applicability

This chapter applies to riparian corridors, including associated wetlands, as mapped on the City Zoning Map, based on Oregon Department of Fish & Wildlife maps of “fish-bearing streams” as defined in OAR Chapter 660, Division 23, or as mapped in the National Wetland Inventory, or wetlands identified on the local wetland inventory.

HISTORY
Amended by Ord. 1892 on 3/4/2024

2.8.030 Review Procedures

Permitted uses within the riparian setback area shall be reviewed through a Type I Land Use Review procedure. Variances from riparian corridor standards shall be reviewed by the Planning Commission under the Type III (Class B Variance) procedure. Property owners entitled to notice shall be notified in writing, prior to the public hearing, that such a variance may have the cumulative effect of decreasing water quality (especially as a result of vegetation removal or grading); and fish and wildlife habitat values. If the City approves a variance, documentation of the reasons for the variance shall be reported to the Division of State Lands and Oregon Fish and Wildlife Department. Adjustments to riparian corridor regulations shall not be permitted.

2.8.040 Information Required For Riparian Or Wetland Development Proposal

All applications for projects within or adjacent to a riparian or wetland area, including siting of individual homes, grading, and land divisions, shall indicate the precise location of sloughs, creeks, wetlands and the riparian corridor on preliminary plans. The Development Official may require a hydrological study, fish and wildlife habitat study, native vegetation study, geotechnical study, or similar studies, if deemed necessary to protect the functions and values of the riparian corridor, especially if a variance is proposed:

2.8.050 Riparian Corridor Review

In order to maintain and improve water quality and vegetative cover within riparian corridors, development shall not occur within ten feet of the top of the stream bank or associated wetland area, except as authorized by this Chapter.

  1. Delineation Required. All applications for projects within or adjacent to a riparian corridor, including siting of individual homes, grading, and land divisions, shall indicate the precise location of sloughs, creeks, wetlands and the riparian buffer zone on preliminary plans.
  2. Agency Coordination. The Division of State Lands shall review and approve all stream corridor and wetland delineation maps. If no slough, stream or wetland exists, then the riparian buffer zone shall not apply at that location.
  3. Riparian Corridor. Native vegetation, trees and shrubs within the riparian corridor shall be maintained. If disturbed, the developer or property owner shall be responsible for preparing and implementing a restoration plan acceptable to the City. The width of the riparian corridor may be varied in consideration of the actual location of riparian vegetation, provided that the average width of the riparian corridor is not reduced below ten feet from the top of stream bank.
  4. Permitted Uses.
    1. Trails, public utilities and passive recreation areas may be located within the riparian corridor area.
    2. Streets may be located in the riparian corridor area if there is no other reasonable alternative.
    3. Other buildings and structures are not permitted.

1892