Wetland Development
WETLAND DEVELOPMENT
The City of Warrenton and surrounding jurisdictions, including Clatsop County, limit land uses within wetlands and riparian areas because these types of landscapes help protect water quality and provide valuable wildlife habitat. The U.S. Army Corps of Engineers and the Oregon Department of State Lands (DSL) regulate wetland development.
Wetlands are areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands perform many important functions in urban areas and are valued for the ecological services they provide serving as natural water purifiers, reducing flood damage by absorbing and storing floodwater, providing food and habitat for fish and other species, and offering recreational opportunities.
Significant wetlands whose quality is derived from coastal waters are considered “major marshes." Major marshes are strongly protected, with their potential uses being consistent with their natural values.
Riparian areas are vegetated lands alongside open water, such as lakes and rivers. Riparian vegetation, like wetlands, helps protect water quality, and provides special wildlife habitat along open water areas.
State Regulations
Oregon Department of State Lands regulates filling and dredging in wetlands. Oregon's Removal-Fill Law (ORS 196.795-990) requires people who plan to remove or fill material in wetlands or waterways to obtain a permit from the Department of State Lands. This permit is broadly referred to as the “Removal-Fill Permit.” The law applies to all landowners, whether private individuals or public agencies. The purpose of the law, enacted in 1967, is to ensure protection and the best use of Oregon’s water resources for home, commercial, wildlife habitat, public navigation, fishing and recreational uses.
Are there wetlands on my property?
Identifying wetlands is often difficult, as many wetlands do not appear obviously wet, or they are only seasonally wet. In addition, many wetland landscapes have been altered over time by activities such as farming, and no longer “look like” wetlands.
Clatsop County GIS webmaps provides a map of wetland inventory within the City of Warrenton. Please reference the following Department of State Lands fact sheet Wetlands in Oregon which provides an overview of how to identify wetlands and what to consider when hiring a wetland consultant.
The Department of State Lands staff provides assistance by conducting wetland determinations for the public (e.g. property owners, real estate agents, appraisers). This free service is usually conducted remotely, though DSL staff may visit the site as part of the wetland determination process. Request a determination by filling out the Wetlands and Waters Determination Request Form.
The Department of State Lands is also the source in Oregon for the U.S. Fish and Wildlife Service’s National Wetlands Inventory maps. These maps (scale 1”=2,000’) provide reliable information on the location and extent of all types of wetlands. Small wetlands and forested wetlands are occasionally omitted from these maps, so the maps are not definitive in all cases.
Can I still develop if I have wetlands on my property?
If you know there are wetlands on your property or a determination reveals that wetlands are likely present, and there are future development plans for the site, the process of wetland delineation may offer the opportunity for site development. Contingent upon approved delineation from the Department of State Lands, the Warrenton Municipal Code section 16.156.030 provides local development standards for wetland areas, and section 16.156.060 states the developments standards for riparian corridors.
BE ADVISED; The City of Warrenton contains large areas of wetland and hydric soil. Where data indicates questionable soil characteristics are likely present the Building Official shall determine the requirement for a soils test via geotechnical evaluation (ORSC R401.4)
Wetland development is regulated by the U.S. Army Corp of Engineers and Oregon Department of State Lands.
Hydric Soils is soil which is permanently or seasonally saturated with water. This soil is not suitable for construction and requires mitigation including but not limited to; removal of excess waters, engineered fill, and engineered footings.
Wetland Delineation
A delineation is a detailed mapping of the wetland boundaries and boundaries of other waters, such a streams or ponds. Obtaining a wetland delineation report identifies your site’s characteristics, field data, and provides a detailed mapping of wetland locations within the property. The report must then be submitted to the Department of State Lands for review and concurrence, which will indicate specific areas on a property that are subject to regulation and may need a removal-fill permit prior to any activities.
You may wish to hire a private consultant who specializes in wetlands and waterways regulation to assist you with conducting a wetland delineation and/or removal-fill permit application and mitigation plan. Information to help you hire a qualified wetland consultant may be found in the Wetlands in Oregon fact sheet. The Wetland Delineation Consultants Summary is a listing of wetland consulting firms with the number of delineation reports submitted to the Department of State Lands (DSL). Many wetland professionals working in Oregon are certified as a Professional Wetland Scientist (PWS) or Wetland Professional in Training (WPIT) by the Society of Wetland Scientists’ Professional Certification Program. To be certified as a PWS or WPIT, a person must meet education and experience requirements, and adhere to a code of ethics and professional practice. The SWS Pacific Northwest Consultant list is provided as a service to its members and the general public.
A well-planned project will result in an easier and faster-permitting process. The Removal-Fill Guide: Chapter 4 – Planning Ahead provides guidance about early identification of waters on a project site, hiring a consultant, evaluating alternatives to avoid and minimize impacts, planning to mitigate for unavoidable impacts, and pre-application meetings.
WETLAND USE NOTIFICATION
Cities and counties are required by statute to check the “Statewide Wetlands Inventory" (SWI) and notify DSL of local applications received for activities that might impact a mapped wetland or water. When wetlands, waters or certain soils are mapped within or partially within the project area, local planners must submit a Wetland Land Use Notification (WLUN) to DSL.
DSL staff review the WLUN information and maps submitted, and within 30 days respond to the local government, the applicant and the landowner providing clarification of removal-fill permit requirements for the project area. The DSL response alerts landowners and developers to the possible need for a wetland delineation or state permit and provides the DSL contact information. This local/state coordination helps prevent inadvertent violations.
If you are not sure whether or not there are wetlands on your property, please visit the Wetland Development page.
For more information, please visit the Department of State Lands Waterway and Wetland Conservation page.
WETLAND LAND USE NOTIFICATION (WLUN)
How to fill Out:
Responsible Jurisdiction – City of Warrenton
Staff Contact – City Planner, 503-861-0920, cityplanner@ci.warrenton.or.us
Applicant – Your information
Property Owner Information – If different from applicant
Activity Location – This information can be found in your taxlot number. If you do not know your taxlot number, please visit Clatsop County’s web maps and use the “Find Taxlot” feature.
Address – This is the property address, if applicable.
Local Case File Number can be determined by contacting the Planning Department at 503-861-0920. If there is not one available, please use [Last name-year]
Zoning – if you do not know the zoning for your property, please visit Clatsop County’s web maps or call the Planning Department at 503-861-0920.
Department of State Lands Permit Status
To check on Department of State Lands permit status: CLICK HERE
If you have any questions, please reach out to one of the contacts below:
Dan Cary, Aquatic Resource Coordinator: Resource Coordinator, Removal-Fill Permits & Enforcement: Columbia, Clatsop, Tillamook 503-986-5302 Dan.Cary@dsl.oregon.gov
City Planner, City of Warrenton, 503-861-0920 cityplanner@ci.warrenton.or.us
