Oregon Administrative Rules
Chapter 350 - COLUMBIA RIVER GORGE COMMISSION
Division 82 - LAND USE ORDINANCE
Section 350-082-0660 - General Management Area Rare Plant Review Criteria
Universal Citation: OR Admin Rules 350-082-0660
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Review Uses and Site Plans
(a) Except uses
allowed outright, proposed uses may be allowed within 1,000 feet of a rare
plant, subject to compliance with 350-082-0600 through 350-082-0720 and section
(3) below.
(b) The approximate
locations of rare plants are shown in rare plant species data maintained by the
Oregon Biodiversity Information Center and the Washington Natural Heritage
Program. State heritage staff will help determine if a new use would invade the
buffer zone of rare plants. Endemic plants species shown in 350-082-0690 Table
2 - Columbia Gorge and Vicinity Endemic Plant Species are considered rare
plants even if not contained in the state heritage data.
(c) Proposed uses within 1,000 feet of a rare
plant shall be evaluated for adverse effects, including cumulative effects, and
adverse effects shall be prohibited.
(d) In addition to the information required
in all site plans, uses within 1,000 feet of a rare plant site shall include a
map prepared at a scale of one inch equals 100 feet (1:1,200) or a scale
providing greater detail.
(2) Field Survey
(a) A field survey to identify rare plants
shall be required for:
(A) Land divisions that
create four or more parcels;
(B)
Recreation facilities that contain parking areas for more than ten cars,
overnight camping facilities, boat ramps, or visitor information and
environmental education facilities;
(C) Public transportation facilities that are
outside improved rights-of-way;
(D)
Electric facilities, lines, equipment, and appurtenances that are 33 kilovolts
or greater; and
(E) Communications,
water and sewer, and natural gas transmission (as opposed to distribution)
lines, pipes, equipment, and appurtenances and other project related
activities, except when all of their impacts will occur inside previously
disturbed road, railroad or utility corridors, or existing developed utility
sites, that are maintained annually.
(b) Field surveys shall cover all areas
affected by the proposed use or recreation facility. They shall be conducted by
a person with recognized expertise in botany or plant ecology hired by the
project applicant. They shall be conducted when plants are expected to be
flowering or most easily detectable. Field surveys shall identify the precise
location of the rare plants and delineate a 200-foot buffer zone. The results
of a field survey shall be shown on the site plan map and kept confidential as
required by state law.
(3) Uses that are proposed within 1,000 feet of a rare plant shall be reviewed as follows:
(a) The Executive Director shall submit site
plans to the Oregon Biodiversity Information Center or Washington Natural
Heritage Program. State heritage staff will review the site plan and their
field survey records and identify the precise location of the affected plants
and delineate a 200-foot buffer zone on the project applicant's site
plan.
(b) If the field survey
records of the state heritage program are inadequate, the project applicant
shall hire a person with recognized expertise in botany or plant ecology to
ascertain the precise location of the affected plants.
(c) The rare plant protection process may
conclude if the Executive Director, in consultation with the state heritage
staff, determines that the proposed use would be located outside of a rare
plant buffer zone.
(d) New uses
shall be prohibited within rare plant buffer zones, except for those uses that
are allowed outright.
(e) If a
proposed use must be allowed within a rare plant buffer area in accordance with
350-082-0590, the project applicant shall prepare a mitigation plan pursuant to
section (4) below.
(f) The
Executive Director shall submit a copy of all field surveys and mitigation
plans to the Oregon Biodiversity Information Center or Washington Natural
Heritage Program. The state heritage staff will have 20 days from the date that
a field survey is mailed to submit written comments to the Executive
Director.
(g) The Executive
Director shall record and address any written comments submitted by the state
heritage staff in the Executive Director's decision.
(h) Based on the comments from the state
heritage staff, the Executive Director will make a final decision on whether
the proposed use would be consistent with the rare plant guidelines. If the
final decision contradicts the comments submitted by the state heritage staff,
the Executive Director shall justify how the opposing conclusion was
reached.
(4) Rare Plant Mitigation Plans
(a) Rare plant mitigation
plans shall minimize and offset unavoidable impacts that result from a new use
that occurs within a rare plant buffer zone as the result of a
variance.
(b) Rare plant mitigation
plans shall meet the following guidelines:
(A)
Rare plant mitigation plans shall be prepared by a professional botanist or
plant ecologist hired by the project applicant.
(B) Construction, protection, and
rehabilitation activities shall occur during the time of the year when ground
disturbance will be minimized and protection, rehabilitation, and replacement
efforts will be maximized.
(C) Rare
plants that will be altered shall be transplanted or replaced, to the maximum
extent practicable. Replacement is used here to mean the establishment of a
particular plant species in areas of suitable habitat not affected by new uses.
Replacement may be accomplished by seeds, cuttings, or other appropriate
methods.
(D) Replacement shall
occur as close to the original plant site as practicable. The project applicant
shall ensure that at least 75 percent of the replacement plants survive three
years after the date they are planted.
(E) Rare plants and their surrounding habitat
that will not be altered shall be protected and maintained. Appropriate
protection and maintenance techniques shall be applied, such as fencing,
conservation easements, livestock management, and noxious weed
control.
(F) Habitat of a rare
plant that will be affected by temporary uses shall be rehabilitated to a
natural condition.
(G) Protection
efforts shall be implemented before construction activities begin.
Rehabilitation efforts shall be implemented immediately after the plants and
their surrounding habitat are disturbed.
(H) Rare plant mitigation plans shall include
maps, photographs, and text. The text shall:
(i) Describe the biology of rare plant
species that will be affected by a proposed use.
(ii) Explain the techniques that will be used
to protect rare plants and their surrounding habitat that will not be
altered.
(iii) Describe the
mitigation actions that will minimize and offset the impacts that will result
from a proposed use.
(iv) Include a
3-year monitoring, maintenance, and replacement program. The project applicant
shall prepare and submit to the Executive Director an annual report that
documents milestones, successes, problems, and contingency actions.
(5) Rare Plant Buffer Zones
(a) A 200-foot buffer zone
shall be maintained around rare plants. Buffer areas shall remain in an
undisturbed, natural condition.
(b)
Buffer zones may be reduced if a project applicant demonstrates that
intervening topography, vegetation, human-made features, or natural plant
habitat boundaries negate the need for a 200-foot radius. Under no
circumstances shall the buffer zone be less than 25 feet.
(c) Requests to reduce buffer areas.
(A) Requests to reduce buffer areas shall be
considered if a professional botanist or plant ecologist hired by the project
applicant:
(i) Identifies the precise location
of the rare plants;
(ii) Describes
the biology of the rare plants; and
(iii) Demonstrates that the proposed use will
not have any negative effects, either direct or indirect, on the affected
plants and the surrounding habitat that is vital to their long-term
survival.
(B) All
requests shall be prepared as a written report. Published literature regarding
the biology of the affected plants and recommendations regarding their
protection and management shall be cited. The report shall include detailed
maps and photographs.
(d) The Executive Director shall submit all
requests to reduce rare plant buffer zones to the Oregon Biodiversity
Information Center or Washington Natural Heritage Program. The state heritage
staff will have 20 days from the date that such a request is mailed to submit
written comments to the Executive Director.
(e) The Executive Director shall record and
address any written comments submitted by the state heritage staff in the
Executive Director's decision.
(f)
Based on the comments from the state heritage staff, the Executive Director
will make a final decision on whether the reduced buffer area is justified. If
the final decision contradicts the comments submitted by the state heritage
staff, the Executive Director shall justify how the opposing conclusion was
reached.
Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)
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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