NWS12: The Register-Guard, Eugene, Oregon, NEED DATE
By ANN PORTAL
The Register-Guard
The number of acres in west Eugene falling under wetlands protection may
have tripled or quadrupled as a result of a new interpretation of federal
rules that for the first time applies to some agricultural rules.
Using an earlier federal classification system, the city had identified
about 765 acres of wetlands in west Eugene, mostly on parcels zoned for
industrial use. The city has invested $12 million in sewers and streets
to prepare the area for development.
But after applying standards in a new federal field guide to west Eugene
properties, the city now believes that it may have between 2,300 and 3,100
acres of wetlands in the area, said Steve Gordon of the Lane Council of
Governments, which is conducting a study of west Eugene wetlands.
"I'm stunned," said Councilman Rob Bennett, who was briefed on the new
findings at a Wednesday city committee meeting. Local officials said that
the effect would be to increase the difficulty of finding lands suitable
for industrial development in Eugene.
Using the new definition, which is based exclusively on soil type rather
than on plant species and the presence of surface water on the site,
Eugene also has "pervasive" wetlands in northwest Eugene and wetlands in
the Willak??? and Santa Clara areas, Gordon said.
City officials plan to seek help from Gov. Neil Goldschmidt, who is
scheduled to visit Eugene today to dedicate Streisinger Hall at the
University of Oregon and to speak at a forum on the economy tonight.
"We're just alerting him (Goldschmidt) to the fact that there are
implications for Oregon for this definition of wetlands," Gordon said, "I
think he's already aware of it, and it's coming to a head."
Wetlands fall under federal protection for their wildlife and plant
habitat and their aid in flood control and water purification. Developers
must obtain fill permits from the federal and state governments and must
agree to create new wetlands elsewhere before they can build on such
sites, a process called mitigation.
When applied to farmlands, the regulations also could require the
issuance of a permit to allow new agricultural uses, such as grazing
sheep, or allowing ditching that would change the flow of water through
the property, Gordon said.
The newly identified wetlands include some of the prime areas that were
being considered as mitigation sites for replacing existing wetlands as
they are developed and filled, Gordon said.
While mitigation still may occur on those sites, it is not clear exactly
how, he said.
Ken Bierly, an environmental specialist for the Oregon Division of State
Lands, said Wednesday that Eugene officials are not alone in shaking their
heads at the new definition.
"It's happening throughout the Willamette Valley," he said. "Eugene is
looking at it in a broader context than most communities because they're
facing it on a broader scheme."
By redefining wetlands, the federal government is threatening to undo
years of work that went into state land use laws intended to protect the
finest agricultural lands from development, Bierly said.
Prime agricultural lands are not likely to have the water saturated type
of soil that triggers the new wetlands definition, Bierly explained. That
could encourage development of those lands rather than poor quality
agricultural land, which has watery clay soils and as a result, would
require use of a wetlands permit process before development could proceed.
Because mitigation makes developing wetlands a costly process,
development could be steered toward higher quality agricultural lands
where no mitigation is required.
"We've got to get some federal recognition for the efforts the state has
made" to protect the high-quality agricultural lands, Bierly said.
State officials will meet today with Army Corps of Engineers officials in
Portland to try to resolve the issue, he said. The goal, Bierly said, is
"more than anything else, a clearer understanding of how the manual is
being interpreted.
While the manual now constitutes federal policy on wetlands, it has not
yet been adopted by the state. State officials do use it on an informal
basis, however.
Previous federal guidelines defined wetlands as those areas with specific
plants and soil that grow only in a watery environment. Federal officials
looked for the presence of all three conditions--special plants, special
soil and surface-level water for at least part of the year.
The new definition relies only on soil type, which is why local officials
didn't suspect that agricultural lands planted in oats, corn and grain
would qualify as wetlands, Gordon said.
Source: The Register-Guard, Eugene, Oregon, NEED DATE