18.85.030 Safe harbor protection of wetland and riparian areas.
Safe harbor protection of resources is based upon minimum standards of protection established in OAR 660-23 that implement Goal Five of the State Land Use Planning Goals. The purpose of this section is to protect locally significant wetlands and riparian areas, as established on the local wetland/riparian inventory map and supporting documentation adopted herein by reference.
A. Description and Purpose. Safe harbor protections are intended to provide a buffer between locally significant bodies of water and any type of development for the following purposes:
1. The city recognizes the visual benefits of preserving the streams and wetlands in the city.
2. The city recognizes the environmental benefits of preserving streams and wetlands, including preservation of wildlife habitat and fisheries habitat, improved water quality, and hydrologic control functions.
3. The city is required by state and federal law to improve the quality of surface waters discharged into streams. Healthy, functioning wetlands and riparian zones are critical parts of surface water quality control.
4. The city is mandated under Goal Five of the State Land Use Planning Goals to develop and adopt a program to protect and conserve locally significant bodies of water.
B. Mitigation as an Alternative to the Standards in This Section. Property owners who wish to develop land that includes wetlands and riparian areas must either comply with the minimum standards in this section, or develop a mitigation plan and implement it under the supervision of the Oregon Division of State Lands (DSL). Where a mitigation project is proposed in lieu of the standards in this chapter, the developer shall submit, with the site development plan application, written verification from DSL that they have reviewed the mitigation plan and that the Division finds it to be sufficient to satisfy state requirements for wetland mitigation. The applicant shall complete the approved mitigation project or guarantee its completion by a bond issued by a bonding company authorized to do business in Oregon, a certified letter of credit or other guarantee acceptable to the city manager prior to issuance of construction permits by the city. Wetlands created or enlarged as mitigation projects shall be added to the wetland and riparian area inventory, and are subject to the regulations in this section.
C. Designation of Wetland and Riparian Setback Areas. Wetland and riparian areas that are regulated by this chapter are those locally significant wetlands and riparian areas included on the Talent Wetlands Inventory Map adopted in 1998, and any subsequent amendments to that inventory map approved by the Division of State Lands. Note that the inventory map includes only areas approximately one-half acre and larger. Wetlands less than one-half acre are also subject to state and federal law, and it is the responsibility of the property owner to comply with any applicable regulations.
The boundaries of the wetland/riparian setback area shall be determined using standard setback distances as follows:
1. Along all streams the riparian/wetland setback shall be 50 feet from the top of the bank.
2. For all locally significant wetlands, as determined by the city using the methodology in OAR 141-86-300 to 141-86-350, the riparian/wetland setback shall be 50 feet from the upland edge of the wetland.
3. This setback provision is in addition to the floodplain/parks/greenway setback established above. Where there is a conflict between the two setbacks, the stricter standard shall apply.
D. Regulations within Setback Areas.
1. Vegetation shall not be removed or disturbed in a setback area except for the following:
a. Replacement of nonnative vegetation with native plants.
b. Removal of vegetation necessary for approved development of water-related or water-dependent uses.
c. Removal of a hazard tree. The hazard must be verified by a designee of the city manager and shall include a written report from an independent and certified licensed arborist, not affiliated with the tree(s) removal, that states such tree(s) is a hazardous tree and poses immediate danger to life or property.
If it is determined a tree(s) is a hazard tree, the city manager or his designee may require up to two replacement trees for each hazardous tree to be removed. Such replacement trees shall be planted within 180 days of removal and shall be of a similar size and canopy, at maturity, as the hazardous tree(s).
d. Mowing of weeds at the end of the growing season to prevent a fire hazard. Clippings of native vegetation should be left in place to promote soil health and reseeding, or used as mulch in bare areas.
2. There shall be no permanent alteration to the setback area by grading, filling, impervious surfaces or structures, except for the following uses, which shall be designed to minimize intrusion into the riparian or wetland area. Any permanent alteration within a setback area is subject to planning approval.
a. Paths;
b. Drainage facilities, utilities and irrigation pumps;
c. Water-related and water-dependent uses; and
d. Replacement or repair of existing structures that does not create any further encroachment into the setback area and that does not disturb any additional wetland or riparian area.
E. Determination of Streambank Location. The stream bank is defined as either the top of the bank or the ordinary high water line, whichever is higher. Determination of the stream bank location shall be by the Talent city planner or other designated city employee. In the case of a locally significant wetland, the bank shall be defined as the upland edge of the wetland.
F. Changing Conditions or Map Error. Location of a stream bank or upland line may be modified in response to new information. The Division of State Lands may provide technical support including site visits for individual property owners. Commercial developers and developers of large projects, such as subdivisions, may provide studies prepared at their expense to challenge a bank, upland or setback determination. Any such study shall be based upon a methodology consistent with the requirements of OAR 660-23. A modification of the wetland inventory map may only be made upon written approval of the Division of State Lands.
G. Variances. A variance from the requirements of this section may be granted subject to the variance procedure established in Chapter 18.160 TMC. [Ord. 857 § 1, 2010; Ord. 817 § 8-3H.230, 2006.]