HomeMy WebLinkAboutOrdinance 008 - Local Wetlands InventoryDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of September 26, 2011
Please iyee directions for completing this document on the next page.
DATE: August 3,2011.
FROM: Peter Gutowsky Community Development Department 385-1709
TITLE OF AGENDA ITEM:
A public hearing on, and consideration of first and second readings by title only, and adoption by
emergency, of Ordinance No. 2011-008, amending Title 23, to adopt a South County Local Wetland
Inventory.
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon Department of State Lands (DSL) approved a South Deschutes County Local Wetland
Inventory (LWI) on July 19,2011. Deschutes County is now amending its Comprehensive Plan to
formally recognize the South Deschutes County Local Wetland Inventory (LWI) in Ordinance No.
2011-008. The LWI will not change the way Deschutes County regulates development in wetland
areas. Since 1992, Deschutes County has required (and will continue to require) a conditional use
permit for any excavation, grading, vegetation removal, and fill and removal of a wetland. In these
cases an applicant is required, among other things, to demonstrate no practicable alternative, and to
coordinate with the Oregon Department ofFish and Wildlife.
Public notices are being mailed to all affected property owners with a mapped wetland or probable
wetland. The notices announced an August 25 work session with the Planning Commission and a
forthcoming public hearing with the Board of County Commissioners on September 26.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Hold the public hearing.
Motion 1) First and second reading by Title only of Ordinance No. 2011-008 and declaring an
emergency
Motion 2) Adopt Ordinance No. 2011-008.
ATTENDANCE: Peter Gutowsky and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Peter Gutowsky, CDD.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 23, of the Deschutes *
County Comprehensive Plan, Adopting a South * ORDINANCE NO. 2011-008
County Local Wetland Inventory, and Declaring an *
Emergency *
WHEREAS, in 2009 the Deschutes County Community Development Department ("CDD") initiated
the process for conducting a South County Local Wetland Inventory ("South County L WI"), and
WHEREAS, the South County L WI process was completed on July 19, 2011; and
WHEREAS, amendments to the Deschutes County Comprehensive Plan are necessary to comply with
OAR 141-086-0185(1)(2) and OAR 660-023-0100(5); and
WHEREAS, the Deschutes County Planning Commission held a work session on August 25,2011, to
review the South County LWI consistent with Deschutes County Code 22.12.010; and
WHEREAS, the Board of County Commissioners ("Board") held a duly noticed public hearing on
September 26, 2011; and
WHEREAS, the Board finds it in the public interest to adopt the South County L WI into the
Comprehensive Plan; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section l. AMENDMENT. DCC 23.104.030, Fish and Wildlife, is amended to read as described in
Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strikethrough.
Section 2. AMENDMENT. 23.112, Water Resources, is amended to read as described in Exhibit "B,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in strikethrough.
Section 3. FINDINGS. The Board adopts as its findings Exhibit "C," attached and incorporated by reference
herein.
PAGE 1 OF 2 -ORDINANCE NO. 2011-008
/II
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Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation ofthe public
peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this of , 2011 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: __day of______-', 2011.
Date of 2nd Reading: __day of _______, 2011.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: __day of_______, 2011.
PAGE 2 OF 2 -ORDINANCE NO. 2011-008
t6****" Denotes portions ofthe code not amended by Ordinance 2011-O08.
Chapter 23.104. FISH AND WILDLIFE
****
23.104.030. Policies.
****
23.104.030. Policies.
I. In light of the need to protect deer winter range and to be consistent with plan policies restricting
rural sprawl, the Metolius, North Paulina, Twnalo and Grizzly deer winter ranges shall be protected
by special zones. The winter ranges shall be as designated on the Big Game Habitat -Wildlife
Area Combining Zone Map contained in this plan's resource element. Within the winter ranges the
minimwn lot size shall be 40 acres, except that in the Rural Residential Zone and the Multiple Use
Agricultural Zone planned or cluster developments are required for new land divisions. In planned
and cluster developments man's activities must be limited to 20 percent of the development's lands
with 80 percent left as open space. The density of planned and cluster developments shall be
determined by the underlying zone.
2. The County shall enforce an animal control ordinance which prohibits dogs to be at large or not
under the complete control of a capable person.
3. In the BendlLa Pine deer migration corridor identified in the comprehensive plan resource element,
new land divisions, where the underlying zone is Rural Residential -10, shall be cluster
developments.
4. Because public access to fish and wildlife areas is so important to the economic and livability
aspects of Deschutes County, walking easements and periodic boat access points shall be provided
in areas where public river access is limited, as determined appropriate by the County and State
Department ofFish and Wildlife.
5. Consistent with Policy 4 and in order to protect the sensitive riparian areas, as well as to protect
people and property from flood damage, the zoning ordinance shall prohibit development (except
floating docks) within 100 feet of the mean high water mark ofa perennial or intermittent stream or
lake. Exceptions may be permitted on lots created prior to November 1, 1979 where adherence to
the 100-foot setback would cause a hardship.
6. In addition to State and Federal laws, County ordinances shall require all identified nesting sites for
eagles, ospreys, prairie falcons or other species listed on the Oregon State or Federal threatened or
endangered species list shall be protected.
7. Sensitive bird habitat sites (bald eagle, golden eagle, osprey, great grey owl, prairie falcon nests,
great blue heron rookeries, and sage grouse leks) and mammal habitat sites (Townsend's big-eared
bat hibernating and nesting caves) identified in the Resource Element of this plan shall be protected
by a Sensitive Bird and Mammal Overlay Zone. A protection program acceptable to the Oregon
Department of Fish and Wildlife for the nests or sites shall be submitted by the applicant for a
development or land use permit and used implemented during and after construction of the
development.
8. The antelope range and antelope winter range identified on the Big Game Habitat-Wildlife Area
Combining Zone Map included in the Resource Element of this plan shall be protected by a wildlife
area combining zone. The minimwn lot size for new parcels shall be 320 acres. The Rural Service
Centers of Brothers, Hampton and Millican shall be exempt from the provisions of the Wildlife
Area Combining Zone.
PAGE 1 OF 2 EXHffiIT "A" TO ORDINANCE 2011-008
9. The areas containing land identified as significant elk habitat on the Big Game Habitat Map
Wildlife Area Combining Zone Map included in the Resource Element of this plan shall be
protected by a wildlife area combining zone. The minimum lot size for new parcels shall be 160
acres in the combining zone.
10. The County shall notify the Oregon Department of Fish and Wildlife of all land use applications for
lands located in the W A Combining Zone or the Sensitive Bird and Mammal Overlay Zone.
11. The County shall work with ODFW and the Deschutes Basin Resource Committee to review
existing protection of riparian and wetland area vegetation and recommend comprehensive plan and
ordinance amendments, if necessary, by December 31, 1993.
12. When site specific information is available to the County on the location, quality and quantity of
threatened and endangered fish and wildlife species listed by State or Federal wildlife agencies and
the Oregon Department of Fish and Wildlife develops protection criteria for the species, the County
shall proceed with a Goal 5 ESEE analysis in compliance with OAR 660 Div.l6.
13. The County shall review the La Pine and Bull Flat elk habitat areas and the Metolius deer migration
corridor designated as "1 B" Goal 5 resources during the next periodic review or as additional
information on the location, quality and quantity of the habitat areas becomes available.
14. The County shall maintain an inventory of County-owned property in the BendlLa Pine deer
migration corridor. Prior to sale or exchange of County owned property in the corridor, the County
shall consult the Oregon Department of Fish and Wildlife to determine the value of the land for
deer migration and make reasonable efforts to consolidate properties to maintain habitat
characteristics important to preserving the migration corridor.
15. The County shall work with ODFW to identify specific areas where the County and ODFW shall
encourage public retention and acquisition of land or seek conservation easements for the protection
of the deer migration corridor.
16. The County shall retain and encourage public ownership of significant fish and wildlife habitat and
riparian areas.
17. County-owned land shall be managed to protect and enhance fish and wildlife habitat except where
a conflicting public use outweighs the loss of habitat.
18. The County shall notify the Oregon Division of State Lands and the Oregon Department ofFish and
Wildlife of any development applications for land within a wetland identified on the National
Wetlands Inventory or South Deschutes County Local Wetland Invento ry maps.
19. The County shall encourage the formation of nonprofit land trusts for the protection of fish and
wildlife habitat, wetland, riparian and natural areas. The County should provide support and
assistance when deemed appropriate by the Board of County Commissioners.
(Ord. 2011-008 § 1, 2011; 2002-005 § 1, 2002; Ord. 80-203, 1980)
PAGE 2 OF 2 -EXHIBIT "A" TO ORDINANCE 2011-008
Chapter 23.112. WATER RESOURCES
23.112.010. Water Resources.
23.112.020. Goals.
23.112.030. Policies.
23.112.040. GoalS Inventory -Riparian Areas.
23.112.010. Water Resources.
Water in adequate quality and quantity is important to all communities, but in a semi-arid region such as
where Deschutes County is located it is of particular importance. Drought is a recurring natural
phenomenon which has done much to direct the County's growth and to determine its economic base.
Unfortunately, inadequate information exists on water supplies and on water quality. The County health
Department, Oregon Health Division, Oregon Department of Environmental Quality, and U.S. Geological
Survey are all presently involved with studies or ongoing programs to provide a greater understanding of the
area's water resources. Given the expected continued growth of the area and the existence of water quality
and quantity problems already the results of these studies will prove useful in updating this plan and safely
accommodating the new growth while protecting existing industries and residents.
It does appear that little additional water for agricultural expansion may be expected locally, except for
some new wells in such areas as Lower Bridge and Cloverdale. The use of irrigation water for domestic
purposes has not only reduced available water supplies for agriculture but also raised questions about
possible health hazards resulting from people drinking from irrigation ditches. Some water quality problems
have been identified as resulting from domestic effiuent and agricultural operations. At present the
domestic effiuent is clearly a more pressing concern than agricultural activities (because of local soils,
climate, topography and farm operations). The continued use of drill holes for sewage disposal has been
noted as a subject of particular concern.
To indicate the County's concern and to serve as important long range objectives the following goals
have been identified.
(Ord. 2002-005 § 1,2002; Ord. 2000-017 § 1,2000; Ord. 94-003, 1994; PL-20, 1979)
23.112.020. Goals.
1. To maintain existing water supplies at present quality and quantity.
2. To improve the efficiency with which water is supplied to meet the growing needs of Deschutes
County residents.
(Ord. 2002-005 § I, 2002; Ord. 2000-017 § 1, 2000; Ord. 94-003, 1994; PL-20, 1979)
23.112.030. Policies.
In order to achieve the desired results three general policy directions have been determined, each general
topic composed of several specific policies.
1. Resource Study: To obtain better information than that presently available so as to assure the safe
use of the area's water resources the following policies shall be adopted:
a. Obtain funding to conduct a complete County-wide hydrology study. Particular emphasis shall
be placed on study of urban areas, irrigation water seepage into local water tables, stream flow
and limits to water availability.
b. The County, in conjunction with appropriate State and Federal agencies, shall conduct a study
on the location and characteristics of local aquifers and streams, emphasizing the La Pine area
first.
PAGE 1 OF 5 -EXHIBIT "B" TO ORDINANCE 2011-008
c. The County shall conduct a study of the legal, economic and environmental consequences of
the use of irrigation water for non-agricultural uses.
d. When information is available on the location, quality and quantity of groundwater resources,
the county will determine the significance of the resource and complete the Goal 5 process for
groundwater resources in accordance with OAR 660-16.
2. Water supply. The second general topic is the protection and improvement in efficiency of local
water supplies.
a. The County shall work with local irrigation districts, private and municipal water suppliers as
well as adjacent Counties and the State to assist water management planning.
b. Consistent with acceptable environmental, social and economic impacts, the County shall
cooperate with State and Federal agencies in irrigation canal lining, reservoir construction and
watershed management.
c. The County shall continue to serve as a sponsor for Federal and State grants for water system
improvements.
3. Water quality. The fmal general policy direction is the protection and improvement of the area's
water quality so that the County's new population can be safely accommodated without serious
public safety, environmental and economic costs.
a. The County shall work with State and Federal agencies in planning for water quality (i.e.,
Sections 208 and 303e) and in the enforcement of anti-pollution regulations. Also, if found
necessary, create and enforce local anti-pollution ordinances.
b. The County, through educational programs and other similar activities, should encourage the
use of non-toxic, rapidly biodegradable chemicals.
c. Plans, ordinances, cooperative agreements and other legal and educational tools shall be
fostered by the County to protect watersheds, reduce erosion and inappropriate run-off, and
otherwise preserve local water quality from undesirable building, agriculture or other practices.
d. Any project which would endanger the purity of local ground water shall be vigorously
discouraged.
e. To protect the public's health and safety irrigation ditch water shall not be an approved
domestic water source for subdivisions, partitions or other developments after adoption of this
plan. This will not affect existing legal subdivisions, partitions or other developments.
(Ord. 2002-005 §I, 2002; Ord. 2000-017 §1, 2000; Ord. 94-003, 1994; Ord. 80-203, 1980; PL-20, 1979)
23.112.040. GoalS Inventory -Riparian Areas.
1. Inventory: Riparian areas are areas adjacent to rivers, streams, lakes or ponds where there is
vegetation that requires free or unbound water or conditions that are more moist than normal.
Riparian areas form an interconnected system within a watershed. At the water's edge they define
the transition zone between aquatic systems and terrestrial systems. Riparian areas often contain a
diversity of vegetation not found in upland areas. Riparian areas are limited in Deschutes County
and are important habitats for both fish and wildlife.
In Deschutes County significant riparian habitat is located in one or more of the following three
areas:
a. The area within 100 feet of the ordinary high water mark of an inventoried river or stream.
The 100 foot wide area may contain both riparian vegetation and upland vegetation.
Wetlands and flood plain are also frequently within 100 feet of a stream or river. In some cases
the riparian vegetation may extend beyond 100 feet from the ordinary high water mark if it is a
designated wetland or flood plain.
PAGE 2 OF 5 -EXHIBIT "B" TO ORDINANCE 2011-008
In forested areas, the Oregon Department of Forestry identifies the riparian management
area along Class I streams as an area on each side of a stream averaging three times the stream
width but not averaging less than 25 feet or more than 100 feet.
The Oregon Department of Fish and Wildlife (ODFW) Land Use Planning Guide contains a
section identifying protection policies and standards for various habitats and species. The
recommended model ordinance for riparian areas in the handbook identifies a 100-foot area as
measured from the ordinary high water line of all Class I and Class II streams.
b. The area adjacent to an inventoried river or stream and located within a flood plain mapped by
the Federal Emergency Management Agency and zoned Flood Plain by the County.
The flood plain may extend beyond 100 feet from the ordinary high water mark of the
stream and may contain wetland.
c. The area adjacent to a river or stream and inventoried as a wetland on the National Wetlands
Inventory or South Deschutes County Local Wetland Inventory Map. A riparian wetland may
extend beyond 100 feet from the ordinary high water mark and may be included in a flood
plain.
The County has not conducted an inventory of riparian areas adjacent to lakes and ponds on private
land in most of Deschutes County. However, because of a state grant, the County was able to hire a
consultant to conduct an inventory in South Deschutes County. Additionally, many of th ese other
areas of the County are included in the National Wetland Inventory Maps and are subject to
County, State and/or Federal wetland fill and removal regulations. Riparian areas adjacent to the
many lakes on federal lands are managed and protected under the federal land and resource
management plans and are not included in the County inventory and are not considered in the ESEE
analysis of conflicting uses.
The three areas described above are further identified in the Deschutes County/City of Bend
River Study, the Federal Emergency Management Agency (FEMA) Flood Plain maps, the U.S.
Department of the Interior National Wetlands Inventory maps, South Deschutes County Local
Wetland Inventory, the Deschutes County Comprehensive Plan and Title 18 of the Deschutes
County Code.
2. Deschutes County/City of Bend River Study. The Deschutes County/City of Bend River Study
(1986) inventoried the following significant riparian habitat and completed an ESEE analysis of this
habitat. The Rive~ Study inventory and ESEE analysis for riparian habitat are incorporated herein
by reference.
The River Study resulted in adoption of a 100-foot setback for structures and septic systems, fill
and removal regulations, provisions for conservation easements and prohibition of hydroelectric
facilities on certain reaches of the Deschutes River and its tributaries.
a. Riparian Area Inventoried In River Study.
Table 6-2
STREAMS ACRES
Deschutes River 1,440
Little Deschutes River 2,920
Paulina Creek 846
Fall River 43
Crooked River 38
Whychus Creek 47
Tumalo Creek 50
Indian Ford Creek 573
TOTAL 5,966
b. FEMA maps. The Federal Emergency Management Agency (FEMA) maps flood plain
adjacent to the following rivers and streams. The flood plain along these rivers and streams is
zoned Flood Plain (FP) by Deschutes County.
PAGE 3 OF 5 -EXHIBIT "B" TO ORDINANCE 2011-008
Deschutes River
Little Deschutes River
Whychus Creek
Crooked River
Paulina Creek
Long Prairie
Dry River
Spring River
Indian Ford Creek
Portions of Indian Ford Creek and the Deschutes River near Sunriver have not been surveyed
and mapped by FEMA. These areas are not zoned flood plain. However, the Flood Plain Zone,
Title 18.96.020, states: "When base flood elevation data has not been provided in the flood
insurance study, the Planning Division will obtain, review and reasonably utilize any base flood
elevation or flood way data available from federal , state or other sources in determining the
location of a flood plain or flood way ."
3. Natio BaI Wetlands Inventory Maps. The U.S. Department of Interior National Wetlands Inventory
Maps and South Deschutes County Local Wetland Inventory are the County inventory of wetland
habitat. These mapped wetlands are subject to County, state and federal fill and removal
regulations.
4 . Deschutes County Comprehensive Plan. The Deschutes County Comprehensive Plan , adopted in
1979, mapped riparian areas along the following rivers and streams.
River or Stream Ownership
Deschutes River PrivatelFederal
Little Deschutes River PrivatelFederal
Fall River PrivatelFederal
Turnalo Creek PrivatelFederal
Three Creek PrivatelFederal
Whychus Creek PrivatelFederal
Trout Creek PrivatelFederal
Dry Creek Pri vatelF ederal
Cache Creek PrivatelFederal
Indian Ford Creek PrivatelFederal
Cultus River Federal
Charlton Creek Federal
Deer Creek Federal
Cultus Creek Federal
Quinn Creek Federal
Fall Creek Federal
Moore Creek Federal
Title 18 .88, the Wildlife Area Combining Zone, contained a provision which required advice from
the Oregon Department of Fish and Wildlife to determine the minimum lot sizes in these mapped
riparian areas . This provision was deleted from Title 18.88 by Ordinance 92-042 because it was not
a clear and objective standard. The Comprehensive Plan map was repealed and replaced with a
Wildlife Habitat Combining Zone Map that does not include mapped riparian areas .
5. Title 18 -Deschutes County Zoning Ordinance. DCC 18.04 .030 includes the following streams in
the defmition of "perennial stream." These streams, in addition to all those listed above, are subject
to the 1 OO-foot setback for structures and septic systems.
Perennial Streams Listed in DCC 18.04.030
Bottle Creek Metolius Creek
Bridge Creek Park Creek -East Fork
PAGE 4 OF 5 -EXHIBIT "B" TO ORDINANCE 2011-008
Brush Draw Park Creek -West Fork
Bull Creek Pole Creek
Cache Creek Rock Creek
Charlton Creek Snow Creek
Cultus Creek Soap Creek
Cultus River Spring Creek
Deer Creek Soda Crater Creek
Dry Creek Whychus Creek-North Fork
Fall Creek Three Creek
First Creek Todd Lake Creek
Full Creek Trout Creek
Goose Creek Tumalo Creek-North Fork
Indian Ford Creek Tumalo Creek-Middle Fork
Jack Creek Tumalo Creek-South Fork
Kaleetan Creek
All of these streams, except portions of Indian Ford Creek, Cache Creek and Dry Creek, are located
on federal land and are subject to either the Deschutes National Forest or the Bureau of Land
Management Resource Management Plans.
6. Goal 5 Inventory -Wetlands. Inventory: Deschutes County Ordinance 92-045 adopted all wetlands
identified on the U. S. Fish and Wildlife Service National Wetland Inventory Maps as the
Deschutes County wetland inventory. Additionally, Deschutes County Ordinance 2011-008
adopted a Local Wetland Inventory. covering 18,937 acres in South Deschutes County. Wetlands are
those areas that are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal conditions do support a prevalence of vegetation
typically adapted for life in saturated soil conditions.
(Ord. 2011-008 §1, 2011; 2002-005 §1, 2002; Ord. 2000-017 §1, 2000; Ord. 94-003, 1994; PL-20, 1979)
PAGE 5 OF 5 -EXHlBIT "B" TO ORDfNANCE 2011-008
FINDINGS
The Deschutes County Planning Commission held a work session on August 25, 2011
to review Ordinance 2011-008. These legislative plan amendments to Deschutes
County Code (DCC) 23.104, Fish and Wildlife, and 23.112, Water Resources, formally
recognize a South Deschutes County Local Wetland Inventory recently approved by the
Oregon Department of State Lands (DSL). Consistent with DCC 22.12.010, the Board of
County Commissioners held a public hearing on September 26. 2011.1
National Wetland Inventory (NWI)
Deschutes County's NWI was developed by the U.S. Fish and Wildlife Service in the
1980s and covers the entire county. It relies on high-altitude aerial photos, with limited
field work. While the NWI is extremely useful for many resource management and
planning purposes, its small scale, accuracy limitations, age, and absence of property
boundaries make it unsuitable for parcel-based decision making.
Local Wetland Inventory (LWI)
To augment the NWI where more detailed inventory information is needed, DSL
developed guidelines and rules for LWls. An LWI aims to map all wetlands at least 0.5
acres or larger. The LWI maps and report provide information about the inventory area
and the individual wetlands, including:
• Total acreage of wetlands in the inventory area
• Acreage of each wetland type in the inventory area (e.g., 18 acres of forested
wetland)
• Location, approximate size, and classification (type) of each wetland mapped
• A description of each mapped wetland
• A functions and condition assessment of all mapped wetlands
• All tax lots containing wetlands
By adopting Ordinance 2011-008. the South County Local Wetland Inventory (South
County LWI) will replace the NWI map for South County and improve the accuracy in
the identification of jurisdictional wetland characteristics in the upper Deschutes Basin
because unlike the NWI, the South County LWI identifies wetlands within an accuracy of
5 meters (16.4 feet).
As a parcel based document, the South County LWI is designed to be a useful tool for
County and DSL staff in review of development permits potentially affecting wetlands in
the La Pine sub-basin. An approved LWI must be used by the local government (in
place of the NWI) for the Wetland Land Use Notification process (a local-state
1 http://www.co.deschutes.or.usldccode/title22/docslchapter%2022.12.doc. A public notice was published in the
Bulletin on September 11, 2011.
1
!
PAGE 1 OF 12 -EXHIBIT "C· TO ORDINANCE 2011-008
coordination process) when a land use application is in a mapped wetland area.2 The
South County LWI will not change the way Deschutes County regulates development in
wetland areas. As described below, since 1986 Deschutes County required (and will
continue to require) a conditional use permit for any vegetation removal, and fill and
removal of a wetland. These requirements are in DCC 18.128.270. In these cases, an
applicant is required, among others to demonstrate no practicable alternative and
coordinate with the Oregon Department of Fish and Wildlife (ODFW) and DSL.3
The DSL is involved because Oregon's Removal-Fill Law (ORS 196.795-990) requires
people who plan to remove or fill material in waters of the state to obtain a state permit.
The purpose of the law, enacted in 1967, is to protect public navigation, fishery and
recreational uses of the waters. 'Waters of the state" are defined as:
natural waterways including al/ tidal and nontida/ bays, intermittent
streams, constantly flowing streams, lakes, wetlands and other bodies of
water in this state, navigable and nonnavigable, including that portion of
the Pacific Ocean that is in the boundaries of this state.
The law applies to all landowners, whether private individuals or public agencies.
Wetlands and waterways, regardless of whether or not they are mapped, may be
regulated under the State Removal-Fill Law. If ground-altering site work is proposed, a
more precise wetland boundary may need to be located (a "delineation") to know where
state permit requirements apply. Compliance with wetland and waterway regulations
remains the responsibility of the landowner.
BACKGROUND
A. Central Oregon Endangered Species Act Risk Evaluation
Steelhead trout, which are listed as threatened under the Endangered Species Act, are
being reintroduced into the upper Deschutes Basin. The cities and counties of Central
Oregon, in 2009, evaluated whether current local government policies and practices are
sufficiently protective of steelhead trout and their habitat. Specifically, the jurisdictions
desire to avoid the "take" of reintroduced steelhead trout, and reduce the potential of
Endangered Species Act-related enforcement actions and third-party lawsuits.
A September 2009 report produced by ICF Jones & Stokes evaluated Deschutes
County policies and practices to determine its potential for take of listed steelhead trout.
ICF Jones & Stokes gathered the information for this evaluation from County documents
and from information gathered in a meeting with County staff in February 2009.
2 ORS 215.418. http://www.oreqon.gov/DSLIWETLAND/227-350.shtml
3 DCC 18.128.270(D)(2)(a) as a condition of approval requires an application to obtain all state and (
federal permits. DSL administers Oregon's Removal-Fill Law. Section 404 of the Clean Water Act
regulates the discharge of dredged, excavated, or fill material in wetlands, streams, rivers. and other U.S.
waters. The U.S. Army Corps of Engineers is the federal agency authorized to issue Section 404 Permits
for certain activities conducted in wetlands or other U.S. waters.
PAGE 2 OF 12 -EXHIBIT "C n TO ORDINANCE 2011-008
l
Because the County does not authorize or participate in high-risk activates such as
water diversions, there is minimal risk that the County's activities could directly cause
steelhead trout mortality. There are however, poliCies and practices that can be
improved through programmatic adjustments to further minimize the exposure to
Endangered Species Act risk and enhance environmental benefits. Important areas for
improvement include riparian, floodplain development, stormwater management and
sediment control Best Management Practices. One recommended action identified in
the ICF Jones & Stokes report recognized:
• The County should conduct a wetland inventory to gather more comprehensive
wetland data and mapping in south Deschutes County.4
B. South County LWI Grant Funding
In 2009, Deschutes County coupled an $80,000 grant from the Deschutes River
Mitigation and Enhancement Program with a $35,440 grant from the Oregon Watershed
Enhancement Board to conduct an LWI and assessment in the La Pine SUb-basin. ESA
Adolfson (ESA), a wetland consulting firm, was selected through a Request for Proposal
process in January 2010. ESA ultimately prepared the South County LWI with technical
assistance by Deschutes County and DSL.
C. Overview of the Inventory Process
An LWI is the foundation of wetland planning in the State of Oregon. Requirements are
outlined in the LWI Rule (Oregon Administrative Rule [OAR] 141-086-0210). The LWI
includes a comprehensive survey and map of all potential wetlands within a local
govemment study area. The LWI process involves survey, identification and mapping
of all wetlands larger than 0.5 acre that occur within a defined study area. For the South
County LWI, the study area covers 18,937 acres from Sunriver to south of La Pine. This
is the largest LWI that has been done in Oregon to date. An LWI is also a refinement of
the NWI, which was undertaken by the US Fish in Wildlife Service in the 1980s. The
NWI is a series of maps that show the likely location of wetlands across the nation;
however, these maps are not very accurate because they were derived from high
altitude images of the landscape and are based on imagery from the 1980s.
Local Wetland Inventories are required by statewide planning goals and are useful for
local planners as well as landowners. The South County LWI will help the County
protect wetlands that provide important water quality functions because it has a higher
degree of accuracy then the NWI. For landowners who are proposing a development
project on their property, the South County LWI maps show the general location of a
wetland so that development in a wetland can be avoided (if possible) or disturbance to
the wetland can be minimized. A state-approved wetland delineation report for wetlands
identified in an LWI is usually needed prior to site development.
4 Central Oregon ESA Risk Evaluation: Deschutes County Findings and Recommendations. ICF Jones
and Stokes. Pages 4 and 10.
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f
Deschutes County, citizens, wetland scientists from ESA, and DSL all played a role in
the inventory process. The County began the effort by scheduling a public meeting in
March 2010 to inform citizens of the LWI and by obtaining permission from landowners
to allow wetland scientists to access private property. ESA compiled existing data on
wetlands including NWI maps, aerial photos and soils maps, and then conducted field
observations to confirm the information sources. Where needed and where property
access was permitted, ESA collected data on the vegetation, soils, and hydrology of a
parcel to determine if the area is or is not a wetland. ESA also assessed the functions
and values of the wetlands using the Oregon Rapid Wetland Assessment Protocol
(ORWAP). The DSL reviewed the draft South County LWI to ensure it was conducted
according to state standards and to provide quality control and quality assurance.
The final South County LWI consists of a set of maps that show the approximate
location of wetlands and streams, and descriptive information about the wetlands and
the main functions they provide. This level of detail does not exist for the NWI.
Functions that were evaluated included wildlife habitat quality, contribution to fish
habitat or water quality improvement, and floodwater retention capability. Every attempt
is made by the wetland consultants during the development of the South County LWI to
map wetlands correctly on parcels and wetland boundaries to an accuracy of at least 5
meters (16.4 feet). There may be areas where the boundary is less accurate, especially
on large tracts with few geographic reference points, and areas where property access
was denied.
D. Public Involvement
The County organized the public involvement efforts for this project. Letters sent in
February 2010 describing the project and seeking property access permission were
mailed to all property owners within the study area, including those whose tax lots
intercepted hydric soil layers and/or NWI-mapped wetlands and streams, or whose tax
lots showed soil saturation (darker areas) indicative of wetlands in the aerial
photographs. A public open house was held at Sunriver on March 16, 2010, at the
Three Rivers Elementary School. Approximately 100 members of the public attended
the meeting. Access permission was ultimately granted to 1,286 of 4,652 properties
within the study area, for a permission rate of 28 percent. According to DSL, this is the
highest permission rate of any LWI project in Oregon to date.
Letters were sent in October 2010 to all landowners whose land contain or abut mapped
wetlands identified on the draft South County LWI. The letter announced the October 29
release of the draft South County LWI and a November 16, 2010 public workshop. At
the second workshop, also held at the Three Rivers Elementary School, ESA, DSL, and
Deschutes County staff set up stations to answer questions. Approximately 90 people
attended. The public comment period closed on December 31.
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E. Overview of Oregon Rapid Wetland Assessment Protocol
The ORWAP was developed to rapidly and qualitatively assess the functions and values
of all types of wetlands throughout the state of Oregon. The ORWAP is intended to be
completed by wetland professionals and was designed for planning and educational
purposes. The methodology, as outlined in The Manual to the Oregon Rapid Wetland
Assessment Protocol (version 2.0) (Adamus et aI., 2009), consists of a series of
questions with multiple-choice responses. The questions cover a wide variety of
features that can be observed rapidly when visiting a wetland or in some cases,
obtained from aerial imagery or other sources. These particular questions are believed
to correlate with the relative levels of various functions that a wetland can perform and
the values potentially associated with those functions. After a user answers all the
questions, ORWAP uses the responses to automatically compute a score for each
function and its potential value.
"Functions" are things that wetlands do naturally, like store water, purify run-off, and
provide habitat (to name a few). Not all wetlands perform the same function equally. For
example, some wetlands provide habitat well-suited for nesting ducks, while others
(such as densely forested wetlands) do not. The responses to ORWAP questions
predict that potentially associated with those functions. After a user answers all the
questions, ORWAP uses the responses to automatically compute a score for each
function and its potential value. The ORWAP Raw Data, Glossary and Summary Scores
are located in the South County LWI, Appendices F and G.
F. South County LWI Incorporated into Statewide Inventory
On July 19, 2011, DSL approved the South County LWI and incorporated it into the
Statewide Inventory (Attachment). OAR 141-086-0185( 1 )(2) requires Deschutes County
to use the South County LWI in place of the NWI for notifying DSL of land use
applications affecting mapped wetlands and other waters. Deschutes County
subsequently notified landowners of record by mail in mid-August, as required by OAR
141-086-0240 and ORS 215.503, whose parcel contains or abuts a mapped wetland or
probable wetland identified on the South County LWI. The letter also alerted property
owners to the Planning Commission work session and Board of County Commissioner
September 26, 2011 public hearing and emphasized that the LWI will not change the
way Deschutes County regulates development in wetland areas.
G. South County LWI Results
ESA identified and recorded a total of 114 wetlands within the study area. Seventy-one
(71) probable wetlands (PW) were also mapped as defined by OAR 141-086-0200. In
some cases, a PW represents a small portion of a larger wetland that is located outside
of the study area. Probable wetlands appeared to have wetland characteristics but were
either less than 0.50 acre or small and of an underdetermined size. They mayor may
not be state or federally jurisdictional. Twenty-nine (29) artificially created wetlands were !
found as well; three stormwater treatment ponds, two irrigation channels, two excavated
PAGE 5 OF 12 -EXHIBIT "Cn TO ORDINANCE 2011-008 I
I
ponds, three golf course ponds, two fish hatchery ponds, one landscape pond, eleven
stock ponds, and three other ponds.
The summary statistics derived from ORWAP indicate that most of the 114 mapped
wetlands in the Upper Deschutes are currently capable of performing all functions
commonly attributed to wetlands except for providing habitat to anadromous fish and
nesting waterbirds habitat. The inventoried wetlands do not provide anadromous fish
habitat because of the lack of access to the project area by anadromous fish. Also, the
inventoried wetlands do not provide much habitat for nesting waterbird because of the
scarcity of large wetlands that remain ponded throughout the summer. Waterbirds do
nest in riverine wetlands along the Deschutes River within the study area, but even this
nesting is very limited.
The functions scoring the highest overall for the wetlands inventoried are: Organic
Matter Export, Pollinator Habitat, and Aquatic Invertebrate Habitat. Some functions
show relatively little variation among the project wetlands (e.g., Carbon Sequestration,
Native Plant Diversity), while others vary considerably (e.g., Nitrate Removal, Organic
Matter Export). Although most of the assessed wetlands perform similar functions, the
values associated with performance of these functions vary considerably. The ORWAP
identified the following three functions as having the highest value in the project area:
• Phosphorus Retention,
• Aquatic Invertebrate Habitat, and
• Nitrate Removal.
The value of some functions varies little among the project wetlands (Pollinator Habitat,
Public Use & Access) while the value of others shows large spatial variation (Aquatic
Invertebrate Habitat, Water Storage & Delay).
PROPOSED PLAN AMENDMENT
The proposed amendments to Deschutes County's Comprehensive Plan are described
in Ordinance 2011-008, Exhibits A and B. Added language is underlined and deleted
shown as strikethrough.
REVIEW CRITERIA
Ordinance 2011-008 formally recognizes a South County LWI recently approved by
DSL. Oregon Administrative Rule 141-086-0185( 1 )(2) requires Deschutes County to
use the South County LWI in place of the NWI for notifying DSL of land use applications
affecting mapped wetlands and other waters. The South County LWI will not change the
way Deschutes County regulates development in wetland areas. Since 1992,
Deschutes County required (and will continue to require) a conditional use permit for
any excavation, grading, vegetation removal and fill and removal of a wetland. In these
cases, an applicant is required, among others to demonstrate no practicable altemative
and coordinate with ODFW and DSL.
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Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a
legislative plan amendment. Nonetheless, because this is a Deschutes County initiated
plan amendment, the County bears the responsibility for justifying that the amendments
are consistent with the statewide planning goals and its Comprehensive Plan.
FINDINGS
1. Statewide Planning Goals
The parameters for evaluating these specific amendments are based on an adequate
factual base and supportive evidence demonstrating consistency with Statewide
Planning Goals. The following findings demonstrate that Ordinance 2011-008 complies
with applicable statewide planning goals and state law.
• Goal 1, Citizen Involvement, is met through this adoption process because these
amendments will receive one public hearing before the Board of County
Commissioners, consistent with ORS 215.060 and DCC 22.12.010.
• Goal 2, Land Use Planning, is met because ORS 197.610 allows local
govemments to initiate post acknowledgments plan amendments (PAPA). An
Oregon Land Conservation and Development Department 45-day notice was
initiated on August 4, 2011.5 This FINDINGS document provides the adequate
factual basis and documented analysis for this plan update.
• Goal 3, Agricultural Lands and Goal 4, Forest Lands, is met because the South
County LWI replaces the NWI for the purpose of identifying mapped wetlands and
probable wetlands. Many of the Exclusive Farm Use (EFU) and Forest Use (F1 or
F2) zoned tax lots that have areas deSignated as NWI and/or LWI are very small,
sliver pieces of property. A comparison of the NWI with the South County LWI within
the resource zones are:
NWI (EFU): 62 taxlots affected
NWI (F1 or F2): 83 taxlots affected
LWI (EFU): 61 taxlots affected
LWI (F1 or F2): 35 taxlots affected
As mentioned throughout the FINDINGS, the South County LWI will not change the
way Deschutes County regulates development in wetland areas. Since 1992,
Deschutes County required (and will continue to require) a conditional use permit for
any excavation, grading, vegetation removal and fill and removal of a wetland. In
these cases, an applicant is required, among others to demonstrate no practicable
altemative and coordinate with ODFW and DSL.
5 Deschutes County completed period review on January 23, 2003.
f
t
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• Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces, is
met because the South County LWI replaces the NWI for the purpose of identifying
mapped wetlands and probable wetlands. Oregon Administrative Rule 660-023
0250(3) recognizes that local governments are not required to apply Goal 5
inconsideration of a PAPA unless the PAPA affects a Goal 5 resource. In one of the
underlying LUBA opinions, Johnson v. Jefferson County._Or LUBA_, (LUBA No.
2007-015, 2007-017, 2007-019. 2007-020, 2007-023. 2007-024. 2007-028 and
2007-029. February 11, 2008), LUBA reaffirmed that when a local government has
already balanced the importance of conflicting uses with a Goal 5 resource, it may
not need to re-justify those choices when adopting a PAPA that does not result in
significantly different effects on that Goal 5 resource.
This plan amendment does not result in significantly different effects on wetland
resources because Deschutes County is not changing its wetland regulations and
those regulations have been acknowledged as protecting wetlands. Deschutes
County completed periodic review in 2003. The South County LWI will replace the
NWI map for South Deschutes County and improve the accuracy in the identification
of jurisdictional wetland characteristics in the upper Deschutes Basin. The South
County LWI is designed to be a useful tool for County and DSL staff in review of
development permits potentially affecting wetlands in the La Pine sub-basin. Unlike
the NWI, which utilized high altitude aerial maps from the 1980s, the South County
LWI aims to map all wetlands at least 0.5 acres or larger at an accuracy of
approximately 5 meters on a parcel-based map.
The South County LWI will not change the way Deschutes County regulates
development in wetland areas. Deschutes County's wetland program has been in
existence since 1986. Ordinance 86-12418 required a conditional use permit for any
fill or removal, or removal of vegetation, regardless of the amount, within the bed
and banks of any stream or river or in any wetland. During periodic review,
Deschutes County adopted three ordinances in 1992 pertaining specifically to the
NWI. Excerpts of each ordinance are summarized below:
o Ordinance 92-040. Amending Comprehensive Plan (PL-20). Fish and Wildlife
Section. Policy 18.
County shall notify the Oregon Division of State Lands and the Oregon
Department of Fish and Wildlife (ODFW) of any development applications for
land within a wetland identified on the National Wetlands Inventory maps. 6
o Ordinance 92-041. Amending Comprehensive Plan (PL-20). Adopting Fish and
Wildlife Resource Element and economic, social, environment. and energy
consequence analysis (ESEE).
Ordinance 92-045 adopted all wetlands identified in the U.S. Fish and Wildlife
Service NWI Maps as the Deschutes County wetland inventory. 7
6 Ordinance 92-040, Exhibit A. Page 5.
7 Ordinance 92-041. Exhibit A. Page 73.
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(Program to Achieve Goal)8
In all zones, the county zoning ordinance requires a 100 foot setback from the
ordinary high water mark of all streams or lakes for all sewage disposal
installations and structures.
Title 18.96, Flood Plain Zone -protects riparian habitat and wetlands by
requiring a conditional use for any development.
Title 18.128(W), Fill and Removal -requires a conditional sue permit for any fill
and removal, including vegetation in wetlands or within the bed and banks of any
streams or river.
o Ordinance 92-045, Adoption of Wetland Maps,
Resource Element of the Comp Plan is amended to adopt and incorporate by
reference, the National Wetlands Inventory, as published by the U.S. Department
of the Interior, Fish and Wildlife Service, falling within the borders of Deschutes
County. 9
In 1994, Deschutes County adopted Ordinance 94-007 as a result of a Land
Conservation and Development Commission Remand Order (93-RA-883), requiring
an amendment to the Comprehensive Plan Resource Element ESEE for riparian and
wetlands in order to comply with periodic review.
o Ordinance 94-007, Wetlands and Riparian Areas inventory and ESEE analysis
adopted by Ordinance 92-041 (p. 73-76) be deleted and replaced by the
inventory and ESEE analysis contained in Exhibit A, Riparian Areas, and Exhibit
B, Wetlands.
(Exhibit A)
In all zones a conditional use permit is required for fill and removal of any
material, including vegetation, within a wetland or within the bed and banks of an
inventoried stream. This provision applies to all wetlands mapped on the
National Wetland Inventory Maps. 10
(Exhibit B)
Title 18.128(W), Fill and Removal, establishes the criteria for the conditional use
permit. All zones in the county outside of UGBs require a conditional use permit
for fill and removal activity in a wetland or within the bed and banks of a stream
or river. The criteria require: (1) review by ODFW; (2) control of erosion; (3)
minimizing disturbance of existing vegetation; (4) a determination that there is no
8 Ibid. Pages 75-76
9 Ordinance 92-045, Page 1.
10 Ordinance 94-007, Exhibit A. Page 13.
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practicable alternative for development. A conservation easement is required as
a condition for a fill and removal conditional use permit. 11
• Goal 6, Air, Water and Land Resources Quality, is met because, unlike the NWI,
the South County LWI, using ORWAP, identifies wetland function and values. The
summary statistics derived from ORWAP indicate that most wetlands in the upper
Deschutes are currently capable of performing all functions commonly attributed to
wetlands, including organic matter export, sediment retention and stabilization,
phosphorous retention, nitrate removal and retention, thermoregulation, water
storage and delay, and carbon sequestration. Two functions showing the highest
value in the project area include phosphorous retention and nitrate removal.
Because the existing county regulations in DCC 18.128.270(0) protect wetlands by
requiring a conditional use permit for the "fill or removal of material or vegetation
within the bed and banks of a stream, river or wetland", the wetlands are protected
sufficiently to allow them to continue to perform their natural functions as described
in the previous paragraph.
• Goal 7, Natural Hazards, is met because the South County LWI will replace the
NWI map and improve the accuracy in the identification of jurisdictional wetland
characteristics in the upper Deschutes Basin. The South County LWI is designed to
be a useful tool for County and DSL staff in review of development permits
potentially affecting wetlands in the La Pine sub-basin. Unlike the NWI, which
utilized high altitude aerial maps from the 1980s, the South County LWI aims to map
all wetlands at least 0.5 acres or larger at an accuracy of approximately 5 meters on
a parcel-based map.
• Goal 8, Recreational Needs, is not applicable because no destination resorts are
currently mapped in the study area. Although an application was made for parcels
near the Sunriver urban unincorporated community to be mapped to become eligible
for siting a destination resort, none of the wetlands identified in the South County
LWI that were not also included in the NWI are located on those parcels.
• Goal 9, Economic Development, is met because, Unlike the NWI, which utilized
high altitude aerial maps from the 1980s, the South County LWI aims to map all
wetlands at least 0.5 acres or larger at an accuracy of approximately 5 meters on a
parcel-based map. Lands designated for economic development (EFU and F1 or F2
zoned tax lots) have areas designated as NWI and/or LWI that are very small, sliver
pieces of property. A comparison of the NWI with the South County LWI for these
lands are:
NWI (EFU): 62 taxlots affected
NWI (F1 or F2): 83 taxlots affected
LWI (EFU): 61 taxlots affected
LWI (F1 or F2): 35 taxlots affected
11 Ibid. Exhibit B. Page 4
PAGE 10 OF 12 -EXHIBIT "CH TO ORDINANCE 2011"()08
Since the South County LWI mapping designations on EFU and F1 and F2 lands are
such that they do not interfere with the ability to have economically viable agricultural
and forest uses, the adoption of the LWI complies with this goal.
Furthermore, the South County LWI will not change the way Deschutes County
regulates development in wetland areas. Since 1992, Deschutes County required
(and will continue to require) a conditional use pennit for any excavation, grading,
vegetation removal and fill and removal of a wetland. In these cases, an applicant is
required, among others to demonstrate no practicable alternative and coordinate
with ODFW and DSL. An approved LWI must be used by the local government (in
place of the NWI) for the Wetland Land Use Notification process (a local-state
coordination process) when a land use application is in a mapped wetland area.
• Goal 10, Housing is not applicable because, unlike municipalities, unincorporated
areas are not obligated to fulfill certain housing requirements.
• Goal 11, Public Facilities and Goal 12, Transportation, is not applicable because
the South County LWI replaces the NWI for the purpose of identifying mapped
wetlands and probable wetlands. The South County LWI can be used as a tool for
public facility and transportation facility planning to avoid and/or minimize impacts to
jurisdictional wetlands.
• Goal 13, Energy Conservation, is not applicable because the South County LWI
replaces the NWI for the purpose of identifying mapped wetlands and probable
wetlands. The wetland inventory does not alter land uses from the context of energy
conservation, energy utilization, depletion of non-renewable energy, or recycling as
underscored by Goal 13 and its respective guidelines.
• Goal 14, Urbanization, is not applicable because no expansion of an urban area is
proposed with these amendments.
• Goals 15 through 19 are not applicable to any amendments to the County's
comprehensive plan because the county has none of those types of lands.
2. Comprehensive Plan I Fish and Wildlife Chapter
The South County LWI will replace the NWI for the La Pine sub-basin and improve the
accuracy in the identification of jurisdictional wetland characteristics in the upper
Deschutes Basin. This plan amendment is consistent with the Comprehensive Plan,
DCC 23.104, Fish and Wildlife Goals and Policies. This amendment fulfills Goals 1 and
4 by conserving and maintaining wildlife areas through an LWI that has been
incorporated into the State Wetland Inventory and, upon adoption of Ordinance 2011
008, integrated into Deschutes County's existing wetland regulations.12 Policy 18, as
shown in DCC 23.104.030,13 now references the South County LWI in the requirement
12 http://www.co.deschutes.or.us/dccode/title23/docs/chapter%2023.104.doc
13 Ordinance 2011-008, Exhibit A.
PAGE 11 OF 12 -EXHIBIT "COl TO ORDINANCE 2011-008
for County staff to notify DSL and ODFW of any development applications for land
within a wetland identified on the NWI or LWI.14
3. Comprehensive Plan I Water Resources Chapter
This plan amendment is consistent with the Comprehensive Plan, DCC 23.112, Water
Resources Goals and Policies. As shown in Ordinance 2011-008, Exhibit S, a riparian
wetland is now recognized on the NWI and South County LWI.15 The citations for the
County's Wetland Inventory Maps have also been updated.16
4. Consistency with Deschutes County Comprehensive Plan
Land use planning implemented through Deschutes County policies and zoning will
enable residents, stakeholders, and property owners in the La Pine sub-basin to
maintain and enhance wetland resources. The LWI identified and recorded a total of
114 wetlands within the study area. Additionally, 71 probable wetlands (PW) and 27
artificial wetlands were identified in the study area. Twenty-nine (29) artificially created
wetlands were found in the study area. The summary statistics derived from ORWAP
indicate that most wetlands in the Upper Deschutes are currently capable of performing
all functions commonly attributed to wetlands except for providing habitat to
anadromous fish and nesting waterbirds habitat.
The South County LWI will help the County protect wetlands that provide important
water quality functions. For landowners who are proposing a development project on
their property, the South County LWI maps will show the general location of a wetland
so that development in a wetland can be avoided (if possible) or so that disturbance to
the wetland can be minimized. The South County LWI is designed to be a useful tool
for County and DSL staff in review of development permits potentially affecting wetlands
in the La Pine sub-basin. The South County LWI consists of a set of maps that show
the approximate location of wetlands and streams, and descriptive information about the
wetlands and the main functions they provide. In 2003, upon completing periodic
review, DCC 23.104, Fish and Wildlife and DCC 23.112, Water Resources were found
to be in compliance with the County's comprehensive plan. Adopting the South County
LWI into these two chapters helps Deschutes County to continue implementing land use
policies pertaining specifically to wetland inventories recognized on the Statewide
Inventory.
Attachment
Oregon Department of State Lands Letter Approving South County LWI
14 Ibid. Page 2.
15 Ordinance 2011-008. Exhibit B. Page 3.
16 Ibid. Pages 4 and 5.
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