LCOG Monthly Newsletter
Volume XVIII, January 1995, No. 1
Wetland Permit Process Described
Below is a description of the process followed when permits are submitted
for determining if wetlands will be designated for development:
When an applicant approaches the PlC, the City will determine if the fill
proposal is consistent with the West Eugene Wetland Plan. If it is, the
applicant can secure credits in the wetland mitigation bank through
purchase or by posting a bond. The City can then issue the state permit
after receiving the appropriate referrals.
A result of the Corps' November approval of the process is the
verification that the Plan has met many of the requirements for an
individual, federal wetland permit (often called a 404 permit). The
approval also recognizes that the Plan paves the way for an
"abbreviated processing procedure" (APP). This APP means that
the Corps has approved the Plan and the applicant's rationale behind
decisions to protect or develop specific wetlands.
Next, the City will verify the consistency of the application to the Plan.
If the two are consistent, the City will certify that mitigation credits
have been secured. The permit and City certifications will be sent to the
Corps and the Corps will confirm the City's conclusions and make its
referrals. Within 45 days the Corps will process a "letter of
permission" (LOP), a specific type of individual permit.
This permitting process will work smoothly for those wetlands where owners
cooperated and allowed detailed wetland site delineations to take place
and where rare plant inventories were conducted. More time may be needed
for wetlands where those site studies have not been conducted. In those
cases, it will be the owner's responsibility to complete the surveys and
to have them approved by the state and federal agencies before local
permitting can occur.
In addition to the approval of local implementing ordinances, the City is
working on the development of a memorandum of agreement with the Corps and
other parties regarding the operation and assurance that the mitigation
bank will meet federal requirements. Both of these implementing details
are expected to be in place by mid-1995.
Individual wetland decisions are based on the Plan. The Plan provides the
bulk of the analysis and logic for the permit, just as the land use plan
does for building permits. Oregon's land use planning program provided the
model for the concepts applied in west Eugene. A major goal of the wetland
planning process was to add certainty back to the region. It has answered
questions such as: Where are valuable resources deserving protection?
Where should sound urban development be directed?
Source: Scanned from Report R25, page 24.

|