R21: West Eugene Wetland Plan (1992)
NATURAL RESOURCES SPECIAL STUDY
The following six
policies were taken directly from the Natural Resources Functional Plan,
March 1992, Draft. These policies are in draft form and in the process of
being formulated into specific ordinance language. Refer to the Natural
Resources Functional Plan for more information.
6. Natural Resource Zone Policy. Establish a
natural resource zoning district to prohibit development, fill, draining,
channeling, grading, removal of soil or vegetation, or other alteration of
sites designated in the Metropolitan Plan, refinement plans or this plan.
Refer to Appendix
D (of the Natural Resources Functional Plan) for discussion of this
policy, and a listing (Table 3) and map (Map 1) of sites designated
natural resource by the NRSS.
Recommended Actions
6.1 Lane County and the Cities of Eugene and Springfield shall
jointly develop and adopt ordinances to implement the Natural Resource
Zone policy.
6.2 Uses allowed in the natural resource zoning district shall be
passive recreation, removal of litter and fill, replanting with native
plants and environmentally sensitive removal of invasive, non-native
species. Bikeways and pathways may be allowed if they are identified in
adopted plans and if their construction or presence would not adversely
affect the quality, character and nature of the site.
7. Waterside Protection and Development Policies
(7a) Waterside Protection Policy. Establish and apply waterside
setbacks for specified portions of rivers, channels, streams, ponds,
riparian areas, wetlands and upland headwaters of sites designated in the
Metropolitan Plan, refinement plans or this plan.
Refer to Appendix
D (of the Natural Resources Functional Plan) for: discussion of this
policy; a listing (Table 3) and map (Map 1) of sites designated for
waterside protection by the NRSS; a drawing explaining the waterside
setbacks in recommended action 8.1 (Figure 2); and a map (Map 2) showing
the stream classification.
Recommended Actions
7.1 Apply waterside setbacks as follows:
(a) 75 feet from the line of ordinary high water along Class A
streams and ponds (perennial and within the floodway).
(b) 50 feet from the line of ordinary high water along Class B
streams and ponds (perennial and not within the floodway).
(c) 25 feet from the centerline of Class C streams (seasonal or
intermittent).
(d) 25 feet from the line of ordinary high water of Class C ponds
(seasonal or intermittent).
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7.2 For sites identified for waterside protection, limit permitted
uses within the water feature itself, the water side setback area and
within any riparian and wetland areas that are contiguous to the specified
water feature to the following:
(a) Channel maintenance activities as required by law or as
necessary to protect public health and safety.
(b) Restoration and revegetation of pond and channel banks,
including rehabilitation (including bank grading or terracing) and
replanting of bare, eroded or sparsely vegetated banks with native plants.
(c) Realignment of channels to introduce channel meanders and
widening of channels to maintain flow capacity with increased vegetation
and meandering alignment.
(d) Reconfiguration of pond banks to enhance wildlife habitat,
natural vegetation, scenic and educational value of the pond.
(e) Planned public improvements, subject to Waterside Development
design standards, only after an analysis of impacts on natural resource
values has been conducted as follows:
Address the need for the improvement to be located within the setback
area, and consider the following options, which are given in priority
order: 1) avoid building within the setback area, 2) minimize impact on
natural resources within the setback and compensate for any natural values
lost by enhancing adjacent or nearby wildlife habitat or natural areas.
(f) Bikeways and pathways may be permitted if they are identified in
adopted plans and if their construction or presence would not adversely
affect the quality, character and nature of the site.
(g) Passive recreation, removal of litter and fill, replanting with
native plants, and environmentally sensitive removal of invasive,
non-native species.
7.3 Any bank grading, terracing, or realignment or
reconfiguration of channel or pond banks within waterside protection
setbacks shall be followed with replanting of appropriate native riparian
plants, and shall be conducted in such a way as to minimize adverse
impacts to water quality and wildlife.
(7b) Waterside Development Policy. For riparian areas and
wetlands identified for waterside development in the Metropolitan Plan,
refinement plans or this plan, establish and apply site design standards
and best management practices to all development and construction projects
to protect natural resource values.
Refer to Appendix
D (of the Natural Resources Functional Plan) for discussion of this
policy, and a listing (Table 3) and map (Map 1) of sites designated for
waterside development by the NRSS.
Recommended Actions
7.4 Require development values to be balanced with
protection of water quality, wildlife habitat and natural aesthetics.
7.5 Allow development in accordance with the underlying zoning
district only if 7.6 If the area of the natural resource site is reduced by
development, require 7.7 Ensure that new development integrates the natural resource
feature(s) into the The following recommended actions apply to both
Waterside Protection and Waterside Development.
7.8 Lane County and the Cities of Eugene and
Springfield shall jointly develop and adopt an ordinance to implement the
Waterside Protection and Development Policy, consistent with the other
natural resource policies in this Functional Plan.
7.9 The Waterside Protection and Development
Ordinance shall include riparian setback requirements, an interim riparian
vegetation protection provision for portions of the McKenzie and
Willamette River sites shown on Maps 3 and 4, and best management
practices.
7.10 The Waterside Protection and Development
Ordinance shall refine the requirements of the Willamette Greenway, which
do not provide adequate protection of existing natural resource sites.
8. Upland Development Design Policy. For upland sites
identified in the Metropolitan Plan, refinement plans or this plan, apply
comprehensive site design standards through local planned unit or cluster
development requirements to protect natural resource values.
Refer to Appendix D (of the Natural Resources Functional
Plan) for discussion of this policy, and a listing (Table 3) and map (Map
1) of sites designated for upland development design by the NRSS.
Recommended Actions
8.1 Establish 100 foot setback from identified ridgelines to
restrict development.
8.2 Restrict tree cutting within ridgeline setback to preserve the
forested appearance of the ridgeline from the valley floor; to provide
shelter, habitat and a travel corridor for wildlife; -and to minimize the
rate of runoff and protect water quality by providing a tree canopy
wherever possible.
8.3 Protect identified upland stream corridors by applying waterside
protection provisions (Section 7a, above).
8.4 Apply design standards to construction of streets and other
utilities to site them along contours wherever possible (instead of
following stream channels), to minimize erosion and runoff, and to prevent
sediment from construction sites from entering the stormwater system or
any adjacent stream.
8.5 Limit permitted uses within specified ridgeline setbacks to the
following:
(a) Construction of low impact foot paths and trail
signs. 8.6 Within specified upland sites limit permitted
uses outside specified ridgeline setbacks and stream corridors to the
following:
(a) Development in accordance with the underlying zoning district
and consistent with Metropolitan Plan designation, subject to standards
described above.
(b) On residentially designated sites, development through planned
unit development or cluster development processes, and construction of
necessary related public facilities. Other environmentally sensitive
development which provides equal or better protection to natural resource
values may also be utilized.
(c) Tree removal with an approved development plan only for the
following purposes: construction of planned streets, installation of
necessary public utilities, within planned building footprints, for
required solar access, and to protect public health and safety where trees
pose an imminent danger. The intent is to preserve as many trees on the
site as possible while allowing development according to the underlying
zone.
(d) Tree removal without an approved development plan only on a very
selective basis, ensuring the protection and maintenance of water quality,
wildlife habitat and travel corridors, scenic values, and opportunities
for quality cluster or planned unit development of the site.
8.7 The City of Eugene shall develop and adopt hillside development
regulations to replace policies in the existing South Hills Study,
incorporating best management practices, to implement the Upland
Development Design policy.
8.8 The City of Springfield shall revise the existing Hillside
Development Ordinance to implement the Upland Development Design policy
and other policies in this plan, incorporating best management practices.
8.9 When updating or adopting tree conservation, preservation or
felling regulations, the metropolitan area jurisdictions should consider
the following:
(a) Require tree cutting permits for all tree removal which requires
the use of heavy mechanical equipment.
(b) Establish limits on the total number of trees that can be
removed from a property within a year.
(c) Require that environmental values be maintained in areas where
tree removal is conducted.
(d) Require that tree cutting be considered a land use action and
notice provided accordingly.
(e) Incorporate mandatory standards for protection of remaining
trees and their critical root zones, and for rehabilitation of areas
disturbed by heavy machinery, road construction or other alterations.
(f) Encourage consideration of alternative designs that would
minimize removal of trees.
(g) Do not promote removal of trees for creation of scenic views.
(h) Authorize the jurisdiction to issue stop work orders to any
person or persons found to be in violation of local codes.
8.10 Lane County adopted a new tree conservation and protection
ordinance in November 1990, which applies to areas within the UGB outside
the Eugene city limits. The ordinance is scheduled to expire on November
30, 1991. This ordinance should be renewed, and made consistent with the
Upland Development Design policy and the other natural resource policies
in this plan.
8.11 The City of Eugene should revise its tree preservation
ordinance which applies inside the city limits to be consistent with the
natural resource policies in this plan.
8.12 The City of Springfield should revise the existing tree felling
ordinance to be consistent with the natural resource policies in this plan.
9. Public Access Policy. Within or along waterways,
riparian areas, wetlands and uplands corridors, plan for low impact access
or active recreation access as specified in the Metropolitan Plan,
refinement plans or this plan.
Refer to Appendix
D (of the Natural Resources Functional Plan) for discussion of this
policy, and a listing (Table 3) and map (Map 1) of sites designated for
public access by the NRSS.
Recommended Actions
9.1 Within or along waterways, riparian areas, wetlands and uplands
corridors identified for Low Impact Recreation Access, plan for public
access and restrict recreational uses (in addition to other specified
allowed uses) within the setback areas as follows:
(a) Maintenance of existing trails and other facilities.
(b) Construction of minimum impact trails, footpaths, trail signs,
and viewing blinds or platforms where appropriate.
(c) Passive recreation and education (e.g., hiking, wildlife
viewing, canoeing, fishing).
(d) Construction of foot bridges or elevated
boardwalks (where appropriate), designed to minimize impact on natural
resource values.
9.2 Within or along waterways, riparian areas, wetlands and upland
corridors identified for Active Recreation Access, plan for public access
and restrict recreational uses (in addition to other specified allowed
uses) within the setback areas as follows:
(a) All uses listed under 4.1, above.
(b) Construction of bike paths, informational
kiosks, observation areas.
(c) Construction of bicycle bridges, jogging trails
and picnic areas.
(d) Active recreation (e.g., running, bicycling,
group picnicking, etc.).
10. Clean-up. Restoration and Education
Policy. Develop programs for areas within and adjacent to specified
riparian, waterway and wetland areas as follows:
(a) Remove garbage, litter, fill, and other
obstructions (e.g., fences).
(b) Remove invasive, nonnative plants (e.g.,
Himalayan blackberry, Scotch broom, English ivy).
(c) Restore and revegetate pond, channel and stream
banks with native riparian plants.
(d) Educate adjacent owners, residents, and
proprietors about natural resource stewardship.
Refer to Appendix
D (of the Natural Resources Functional Plan) for discussion of this
policy, and a listing (Table 3) and map (Map 1) of sites designated for
cleanup, restoration and education by the NRSS.
11. Stormwater Planning Policy. For sites identified in
the Metropolitan Plan, refinement plans and this plan which are part of
the metropolitan area stormwater drainage system, local governments shall
implement practices to address water quality, wildlife habitat, native
vegetation, flood control, scenic and educational opportunities, and other
natural resource values.
Refer to Appendix D (of the Natural Resources Functional Plan) for
discussion of this policy, and a listing (Table 3) and map (Map 1) of
sites designated for stormwater planning by the NRSS.
Recommended Actions
11.1 Local governments shall review their stormwater programs
and implement the following where practicable:
(a) Abandon current plans for piping streams or
drainageways identified in this inventory in favor of maintaining open,
natural channels.
(b) Restore streams to natural conditions (e.g.,
gently sloped banks, natural riparian vegetation, meandering alignment)
through channel improvements such as widening, grading and replanting.
(c) Acquire easements or additional rights-of-way to allow for
expansion of channel widths.
(d) Widen channels to maintain adequate flow capacity with increased
natural vegetation (this approach would be accompanied by changes in
channel maintenance practices, such as selective removal or no removal of
vegetation within drainage channels).
(e) Rehabilitate (including bank grading or terracing) and replant
bare or sparsely vegetated areas.
(f) Design new road crossings and reconstruct selected existing road
crossings to improve water flow, wildlife habitat, and natural stream
qualities (e.g., using bridges and box culverts).
(g) Restore piped segments of existing drainageways to an open
channel condition to provide connections between existing open channels.
(h) Alternatives to standard street design in upland areas to
minimize erosion and runoff.
CRITERIA FOR
DETERMINING WETLAND SITES TO BE
PROTECTED AND DEVELOPED The
following criteria were used to identify those sites suitable for and
deserving of protection:
1. Presence of rare plants
2. Site has Metropolitan Plan designation of Natural Resource
3. Site is within the 100 year floodplain
4. Site is near a perennial waterway
5. Site is connected geographically or hydrologically to other
wetlands or waterways
6. Site contains a high diversity of wildlife habitat or contributes
to the diversity of wildlife habitat within the region
7. Protection of site would further the goals and objectives of this
plan
8. Presence of unique Willamette Prairie Grassland plant community
The following is the list of criteria used in
evaluating sites for possible development:
1. Prior to adoption of this Plan, the site has an approved wetland
impact permit from the Oregon Division of State Lands and U.S. Army Corps
of Engineers, or an approved Final Environmental Impact Statement
2. The site is relatively isolated or disconnected from the larger
system of wetlands and waterways
3. The site is served by existing streets, roads, sanitary sewers
and municipal water
4. The site is adjacent to or surrounded by existing development
5. The site has frontage on a major highway or street
RESOURCE PROTECTION
BUFFERS AND SETBACK PROVISIONS
Natural resource
buffer provisions and building setbacks should be included in local land
use codes and should be applied to protected wetland sites. Buffers and
setbacks should minimize impacts to protected resources from adjacent
development or other activities. Setbacks should also create open space
between the resource and adjacent uses, help maintain wildlife habitat
values, provide filtering of stormwater runoff entering the resource and
protect the aesthetic value of the site.
In some instances, buffers would be required for development projects
even though adjacent existing developments have no buffer.
The following provisions are intended to be used as guidelines for the
development of an ordinance. They are not intended to include the detail
or legal language necessary to be implemented as an ordinance. As such,
the following buffer standards (distances measured horizontally from the
wetland boundary) are suggested as a model:
Buffer Standards
High Value Wetlands
Type A Buffer: 100 foot buffer, no enhancement required
Type B Buffer: 50 foot buffer, with vegetative, stormwater, and other
enhancements as specified in ordinance
Moderate Value Wetlands
Type A Buffer: 50 foot buffer, no enhancement required
Type B Buffer: 25 foot buffer, with enhancements
Low Value Wetlands
Disturbed agricultural wetlands designated for
enhancement or mitigation shall not have a buffer setback beyond the
jurisdictional wetland boundary. When these sites are enhanced or
restored, a 30 foot buffer strip should be left inside the wetland
boundary between the enhanced area and the wetland boundary. The buffer
strip would not receive any acreage credit for mitigation.
Provisions should be included to allow Type A buffer
setbacks that are not enhanced by the owner or developer to be enhanced by
government or other nonprofit agencies or organizations as part of
demonstration projects, habitat management or other programs.
Wetland Value Criteria
The following criteria shall be used to determine wetland value
categories for applying setbacks, buffer requirements and other protection
measures applied to wetlands designated for protection on Map 3.
High value wetland sites must meet at least five out of the following
seven criteria:
a. site is relatively undisturbed
b. site contains rare plant species, Deschampsia cespitosa, or other
unique and diverse plant communities
c. site is large or is contiguous with another wetland or waterway
d. site is actually or potentially part of a connected wetland system
e. site contains a locally significant or rare habitat type
f. site received a Wetland Evaluation Technique rating of 30 or
greater
g. site received a Wildlife Habitat Assessment rating of 60 or
greater
High value wetlands to be protected include: A4a, A4e,
C2, C3a, E2a and H1.
Moderate value wetland sites are all those sites that do not fit under
the High Value or Low Value categories.
Moderate value wetlands to be protected include: A1b,
A2a, A2c, A2e, A3a, , A4f, B1, B2, B5, C4, CS, C6e, Dl, E2c, E2d, E2e,
and H3.
Low value wetland sites all disturbed agricultural sites as mapped in
the West Eugene Wetlands Special Area Study Technical Report.
Low value wetlands to be protected include: A3b, A3c,
A5, B3, B4, B6, B7, B8, and H2.
Permitted Uses
Within the buffer setback area, uses would be limited to passive,
low impact recreation, low impact trail building, planting of appropriate
native plant species and removal of invasive, non-native plants. No
impervious surfaces or topographic changes that would adversely affect
wetland hydrology would be
permitted.
Exceptions
The Planning Director should have the authority to
grant exceptions to standard buffer distances where the developer can
demonstrate that through a combination of buffer enhancements and site
design alterations that a smaller buffer distance can provide protection
to the resource which is equal to or better than that provided by the
standard buffers specified above. The implementing ordinance should
include specific requirements for applying for an exception to the buffer
standards.
In no case should the requirement of a wetland buffer setback render an
existing lot unbuildable. In cases where this would be the case the
exception process is automatically triggered, and buffers of less than 50
feet for Category I wetlands and less than 25 feet for Category II
wetlands should be permitted.
Other Provisions
Wherever practicable, reductions in buffer distance
will be accomplished through averaging the buffer distance on a site.
Averaging means that where the buffer is reduced, it is expanded somewhere
else in compensation so that the total buffer area remains the same.
Wherever practicable, reductions in buffer distance
will occur adjacent to lower value or less sensitive areas within a given
wetland site and expansion of the buffer in compensation will occur
adjacent to higher value or more sensitive areas within a given wetland.
To the extent that funds are available, the city, in cooperation with
the Nature Conservancy and the Bureau of Land Management, shall pursue
outright acquisition or acquisition of conservation easements for those
sites where buffer areas larger than the standard are necessary to protect
the resource.
The city should seek federal funding and sponsorship
for buffer enhancement demonstration projects. These projects should
demonstrate and evaluate the effectiveness of various planting schemes,
on-site stormwater treatment methods and other impact reducing techniques.
To the extent practicable, natural resource buffer
areas should be considered to satisfy or partially satisfy code
requirements for landscaping in industrial and commercial zoning districts.
To the extent practicable, in residential zones, density transfers
should be used to offset restrictions on building within buffer setback
areas.
BEST MANAGEMENT PRACTICES
"Best management
practices" (BMP's) should be applied to construction and development
within natural resource buffer setbacks and wetlands. BMP's should include
construction site practices to minimize water quality impacts, noise
impacts, disruption of wildlife mating and nesting, and to protect other
important functions and values. These practices may include:
· ·
requiring on-site detention or retention of stormwater (e.g.,
constructed wetlands, wet ponds, extended detention ponds, in filtration
basins) to minimize impacts from new development
·
requiring use of shallow grassy swales to carry runoff into the
stormwater system
· · ·
using and creating vegetated areas to filter runoff from impervious
surfaces resulting from development.
· COMPREHENSIVE WETLAND MITIGATION PROGRAM
A more
detailed comprehensive wetland program should be developed and adopted to
address the following eleven points:
1. Map 3, Wetlands Recommendations and Map 4, Conceptual Plan, show
where wetland sites may be developed and where mitigation shall occur.
2. An inventory of resources located in sites identified for
development, including wetland site reference number, wetland type,
habitat, function, value, and acreage.
3. Show overall areas where wetlands are to be created, restored and
enhanced.
4. Replacement ratios and mitigation credit showing number of acres
to be developed compared with number of acres mitigated.
5. The location and more detailed concept design (see Map 4) of the
wetland mitigation bank site(s).
6. Options for complying with mitigation requirements:
· · · 7. Permit Process for Mitigation Bank Option
· · · · · · · 8. Permit Process for Individual Permit
·
Preapplication conference
· · 1) Complies with WEWSAS: local (Type I)
2) Does not comply with WEWSAS: standard section 404 permit process
(Type III)
· 1) Local: complies with WEWSAS
2) Federal and State:
(a) Complies with Section 401(a) and 404(b)(1) Guidelines, Clean
Water Act
(b) Complies with Memorandum of Agreement between Environmental
Protection Agency and Army Corps of Engineers, February 7, 1990
(c) State of Oregon Fill/Removal Law (ORS 196.800-196.990)
(d) Ability to redesignate site to a natural resource category
· ·
Inspection
· · · · · (1) Statement of objectives
(2) Statement of compliance with criteria
(3) Concept site plan
(4) Specifications:
(a) Hydrology
(b) Soils analysis
(c) Topography and elevations
(d) Planting materials and techniques
(e) Pesticide, herbicide, or fertilizer applications
(f) Source of plants and seeds stock
(g) Irrigation
(h) Monitoring plan
(i) Schedule
9. Mitigation Bank Provisions and Process:
· · · · · · · · 10. Monitoring and Maintenance
· (1) Vegetation
(2) Hydrology
(3) Water quality
· (1) Mandatory 10 years
(2) Research 20 years
· 11. Incentives for Mitigation Bank
· ·
development would maintain or enhance water quality, wildlife habitat,
native
vegetation, and recreational and educational opportunities within
remaining open space areas.
enhancement of wildlife habitat, native vegetation, and scenic and
educational
opportunities for the remainder of the site as part of the development.
development in a way that enhances both the resource and the
development.
(b) Construction of low impact fire protection and utility
maintenance access roads.
(c) Passive recreation (e.g., hiking, wildlife viewing,
photography).
