Oregon Administrative Rules
Chapter 350 - COLUMBIA RIVER GORGE COMMISSION
Division 81 - LAND USE ORDINANCE
Section 350-081-0570 - General Management Area Stream, Pond, Lake and Riparian Area Review Criteria
Universal Citation: OR Admin Rules 350-081-0570
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Stream, Pond, and Lake Boundaries and Site Plans for Review Uses in Aquatic and Riparian Areas
(a) If a proposed use would be
in a stream, pond, lake or their buffer zones, the project applicant shall be
responsible for determining the exact location of the ordinary high watermark
or normal pool elevation.
(b) In
addition to the information required in all site plans, site plans for proposed
uses in streams, ponds, lakes, and their buffer zones shall include:
(A) A site plan map prepared at a scale of 1
inch equals 100 feet (1:1,200), or a scale providing greater detail;
(B) The exact boundary of the ordinary high
watermark or normal pool elevation and prescribed buffer zone; and
(C) A description of actions that would alter
or destroy the stream, pond, lake, or riparian area.
(c) Determination of potential effects to
significant natural resources shall include consideration of cumulative effects
of proposed developments within streams, ponds, lakes, riparian areas and their
buffer zones.
(2) Commission Rule 350-081-0570 shall not apply to proposed uses that would occur in those portions of the main stem of the Columbia River that adjoin the Urban Area.
(3) The following uses may be allowed in streams, ponds, lakes and riparian areas when approved pursuant 350-081-0570(5), and reviewed under the applicable provisions of 350-081-0520 through 350-081-0620:
(a) The modification,
expansion, replacement, or reconstruction of serviceable structures, provided
that such actions would not:
(A) Increase the
size of an existing structure by more than 100 percent,
(B) Result in a loss of water quality,
natural drainage, and fish and wildlife habitat, or
(C) Intrude further into a stream, pond,
lake, or buffer zone. New structures shall be considered intruding further into
a stream, pond, lake, or buffer zone if any portion of the structure is located
closer to the stream, pond, lake, or buffer zone than the existing
structure.
(b) The
construction of minor water-related recreation structures that are available
for public use. Structures in this category shall be limited to boardwalks;
trails and paths, provided their surface is not constructed of impervious
materials; observation decks; and interpretative aids, such as kiosks and
signs.
(c) The construction of
minor water-dependent structures that are placed on pilings, if the pilings
allow unobstructed flow of water and are not placed so close together that they
effectively convert an aquatic area to dry land. Structures in this category
shall be limited to public and private docks and boat houses, and fish and
wildlife management structures that are constructed by federal, state, or
tribal resource agencies.
(4) Uses not listed in 350-081-0074, 350-081-0570(2) and (3) may be allowed in streams, ponds, lakes, and riparian areas, when approved pursuant to 350-081-0570(6) and reviewed under the applicable provisions of 350-081-0520 through 350-081-0620.
(5) Applications for modifications to serviceable structures and minor water-dependent and water-related structures in aquatic and riparian areas shall demonstrate that:
(a) Practicable alternatives to locating the
structure outside of the stream, pond, lake, or buffer zone and/or minimizing
the impacts of the structure do not exist;
(b) All reasonable measures have been applied
to ensure that the structure will result in the minimum feasible alteration or
destruction of water quality, natural drainage, and fish and wildlife habitat
of streams, ponds, lakes, and riparian areas;
(c) The structure will be constructed using
best management practices;
(d)
Areas disturbed during construction of the structure will be rehabilitated to
the maximum extent practicable; and
(e) The structure complies with all
applicable federal, state, and local laws.
(6) Applications for all other Review Uses in streams, ponds, lakes, and riparian areas shall demonstrate that:
(a) The proposed use is water-dependent, or
is not water-dependent but has no practicable alternative as determined by
350-081-0560(6)(a), substituting the term stream, pond, lake, or riparian area
as appropriate.
(b) The proposed
use is in the public interest as determined by 350-081-0560(6)(b), substituting
the term stream, pond, lake, or riparian area as appropriate.
(c) Measures have been applied to ensure that
the proposed use results in minimum feasible impacts to water quality, natural
drainage, and fish and wildlife habitat of the affected stream, pond, lake,
and/or buffer zone. At a minimum, the following mitigation measures shall be
considered when new uses are proposed in streams, ponds, lakes, and buffer
zones:
(A) Construction shall occur during
periods when fish and wildlife are least sensitive to disturbance. Work in
streams, ponds, and lakes shall be conducted during the periods specified in
"Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife
Resources" (Oregon Department of Fish and Wildlife, 2000), unless otherwise
coordinated with and approved by the Oregon Department of Fish and Wildlife. In
Washington, the Washington Department of Fish and Wildlife shall evaluate
specific proposals and specify periods for in-water work.
(B) All natural vegetation shall be retained
to the greatest extent practicable, including aquatic and riparian
vegetation.
(C) Nonstructural
controls and natural processes shall be used to the greatest extent
practicable.
(D) Bridges, roads,
pipeline and utility corridors, and other water crossings shall be minimized
and should serve multiple purposes and properties.
(E) Stream channels should not be placed in
culverts unless absolutely necessary for property access. Bridges are preferred
for water crossings to reduce disruption to streams, ponds, lakes, and their
banks. When culverts are necessary, oversized culverts with open bottoms that
maintain the channel's width and grade should be used.
(F) Temporary and permanent control measures
should be applied to minimize erosion and sedimentation when riparian areas are
disturbed, including slope netting, berms and ditches, tree protection,
sediment barriers, infiltration systems, and culverts.
(d) Groundwater and surface-water quality
will not be degraded by the proposed use.
(e) Those portions of a proposed use that are
not water-dependent or have a practicable alternative will be located outside
of stream, pond, and lake buffer zones.
(f) The proposed use complies with all
applicable federal, state, and county laws.
(g) Unavoidable impacts to aquatic and
riparian areas will be offset through rehabilitation and enhancement.
Rehabilitation and enhancement shall achieve no net loss of water quality,
natural drainage, and fish and wildlife habitat of the affected stream, pond,
lake, and/or buffer zone. When a project area has been disturbed in the past,
it shall be rehabilitated to its natural condition to the maximum extent
practicable. When a project area cannot be completely rehabilitated, such as
when a boat launch permanently displaces aquatic and riparian areas,
enhancement shall also be required. The following rehabilitation and
enhancement guidelines shall apply:
(A)
Rehabilitation and enhancement projects shall be conducted in accordance with a
rehabilitation and enhancement plan.
(B) Natural hydrologic conditions shall be
replicated, including current patterns, circulation, velocity, volume, and
normal water fluctuation.
(C)
Natural stream channel and shoreline dimensions shall be replicated, including
depth, width, length, cross-sectional profile, and gradient.
(D) The bed of the affected aquatic area
shall be rehabilitated with identical or similar materials.
(E) Riparian areas shall be rehabilitated to
their original configuration, including slope and contour.
(F) Fish and wildlife habitat features shall
be replicated, including pool-riffle ratios, substrata, and structures.
Structures include large woody debris and boulders.
(G) Stream channels and banks, shorelines,
and riparian areas shall be replanted with native plant species that replicate
the original vegetation community.
(H) Rehabilitation and enhancement efforts
shall be completed no later 90 days after the aquatic area or buffer zone has
been altered or destroyed, or as soon thereafter as is practicable.
(I) Three years after an aquatic area or
buffer zone is rehabilitated or enhanced, at least 75 percent of the
replacement vegetation must survive. The owner shall monitor the replacement
vegetation and take corrective measures to satisfy this guideline.
(7) Stream, Pond, and Lake Buffer Zones
(a) Buffer zones shall
generally be measured landward from the ordinary high water-mark on a
horizontal scale that is perpendicular to the ordinary high water-mark. 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:
(A) Streams used by anadromous or resident
fish (tributary fish habitat), special streams, intermittent streams that
include year-round pools, and perennial streams: 100 feet
(B) Intermittent streams, provided they are
not used by anadromous or resident fish: 50 feet
(C) Ponds and lakes: Buffer zone widths shall
be based on dominant vegetative community as determined by 350-081-0560(7)(b),
substituting the term pond or lake as appropriate.
(b) Except as otherwise allowed, buffer zones
shall be retained in their natural condition. When a buffer zone is disturbed
by a new use, it shall be replanted with native plant species.
(c) Determining the exact location of the
ordinary high watermark or normal pool elevation shall be the responsibility of
the project applicant. The Executive Director may verify the accuracy of, and
may render adjustments to, an ordinary high water-mark or normal pool
delineation. In the event the adjusted boundary delineation is contested by the
applicant, the Executive Director shall, at the project applicant's expense,
obtain professional services to render a final delineation.
(8) Rehabilitation and Enhancement Plans Rehabilitation and enhancement plans shall be prepared when a project applicant is required to rehabilitate or enhance a stream, pond, lake and/or buffer area. They shall satisfy the following guidelines:
(a) Rehabilitation and enhancement plans are
the responsibility of the project applicant; they shall be prepared by
qualified professionals, such as fish or wildlife biologists.
(b) All plans shall include an assessment of
the physical characteristics and natural functions of the affected stream,
pond, lake, and/or buffer zone. The assessment shall include hydrology, flora,
and fauna.
(c) Plan view and
cross-sectional, scaled drawings; topographic survey data, including elevations
at contour intervals of at least 2 feet, slope percentages, and final grade
elevations; and other technical information shall be provided in sufficient
detail to explain and illustrate:
(A) Soil
and substrata conditions, grading and excavation, and erosion and sediment
control needed to successfully rehabilitate and enhance the stream, pond, lake,
and buffer zone.
(B) Planting plans
that specify native plant species, quantities, size, spacing, or density;
source of plant materials or seeds; timing, season, water, and nutrient
requirements for planting; and where appropriate, measures to protect plants
from predation.
(C) Water-quality
parameters, construction techniques, management measures, and design
specifications needed to maintain hydrologic conditions and water
quality.
(d) A 3-year
monitoring, maintenance, and replacement program shall be included in all
rehabilitation and enhancement plans. At a minimum, a project applicant shall
prepare an annual report that documents milestones, successes, problems, and
contingency actions. Photographic monitoring shall be used to monitor all
rehabilitation and enhancement efforts.
(e) A project applicant shall demonstrate
sufficient fiscal, administrative, and technical competence to successfully
execute and monitor a rehabilitation and enhancement plan.
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 U.S.C. sec. 544c(b)
Statutes/Other Implemented: ORS 196.150
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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