DIR1993-00001 DATE: 7/21/1993
CODE SECTIONS: 18.84
18.26
18.42
Now:
18.775
18.120
18.130
TOPIC: Fill in the 100 -year floodplain
INTERPRETATION: According to the Tigard Development Code Chapter 18.84- Sensitive Lands, fill is not
permitted in the 100 -year floodplain if the property involved has a residential land use
designation.
-The 100 -year floodplain is listed as a sensitive land (18.84.010. A).
- According to 18.84.015 B.2., separate permits are required for "minimal ground
disturbance(s) but no landform alterations ".
- Land form alteration (18.26.030) are defined as: any man -made change to improved or
unimproved real estate, including but not limited to, the addition of buildings or other
structures, mining, quarrying, dredging, filling, grading, earthwork construction, stockpiling
of rock, sand, dirt or gravel or other earth material, paving, excavation or drilling operations
located within the area of special flood hazard.
- Approval standards for sensitive lands approval within the 100 -year floodplain prohibit
land form alterations within residentially zoned property (18.84.040.A.2): Land form
alterations or developments within the 100 -year floodplain shall be allowed only in areas
designated as commercial or industrial on the comprehensive plan and use map, except
that alteration or development associated with community recreation uses, utilities, or
public support facilities as defined in Chapter 18.42 of the Community Development Code
shall be allowed in areas designated residential subject to applicable zoning standards.
- While the Uniform Building Code Chapter 70 does not require permits for fills less than
three feet in depth or less than 50 cubic yards, there is no defined amount or level of fill
that is permitted by the Development Code in the 100 -year floodplain.
July 21, 1993
Director's Interpretation:
The Director has the authority and responsibility to interpret
all term, provisions and requirements of the development code.
The Director may develop guidelines to aid the implementation
and interpretation of the development code.
INTERPRETATION: Fill in the 100 year floodplain
According to the Tigard Development Code Chapter 18.84 Sensitive
Lands, fill is not permitted in the 100 year floodplain if the
property involved has a residential land use designation.
o The 100 year floodplain is listed as a sensitive land
(18.84.010. A.)
o According to 18.84.015 B.2., separate permits are required for
"minimal ground disturbance(s) but no landform alterations"
o Minimal ground disturbance is not defined by the Code
o Land form alteration (18.26.030) are defined as: any man -made
change to improved or unimproved real estate, including but
not limited to, the addition of buildings or other structures,
mining, quarrying, dredging, filling, grading, earthwork
construction, stockpiling of rock, sand, dirt or gravel or
other earth material, paving, excavation or drilling
operations located within the area of special flood hazard.
o Approval standards for sensitive lands approval within the 100
year floodplain prohibit land form alterations within
residentially zoned property (18.84.040.A.2):
Land form alterations or developments within the 100 year
floodplain shall be allowed only in areas designated as
commercial or industrial on the comprehensive plan land
use map, except that alteration or development associated
with community recreation uses, utilities. or public
support facilities as defined in Chapter 18.42 of the
Community Development Code shall be allowed in areas
designated residential subject to applicable zoning
standards;
o While the Uniform Building Code Chapter 70 does not require
permits for fills less than three feet in depth or less than
50 cubic yards, there is no defined amount or level of fill
that is permitted by the Development Code in the 100 year
floodplain.
DIRECTOR'S INTERPRETATION
The Director has the authority and responsibility to interpret all term, provisions and
requirements of the development code. The Director may develop guidelines to aid
the implementation and interpretation of the development code.
INTERPRETATION: Fill in the 100 year floodplain
According to the Tigard Development Code Chapter 18.84 Sensitive Lands, fill is not
permitted in the 100 year floodplain if the property involved has a residential land use
designation.
• The 100 year floodplain is listed as a sensitive land (18.84.010. A.)
• According to 18.84.015 B.2., separate permits are required for "minimal ground
disturbance(s) but no landform alterations" n
• Minimal ground disturbance is not defined by the Code c
• Land form alteration (18.26.030) are defined as: any man -made change to
improved or unimproved real estate, including but not limited to, the addition of
buildings or other structures, mining, quarrying, dredging, filling, grading, earthwork
construction, stockpiling of rock, sand, dirt or gravel or other earth material,
paving, excavation or drilling operations located within the area of special flood
hazard.
• Approval standards for sensitive lands approval within the 100 year floodplain
prohibit land form alterations within residentially zoned property (18.84.040.A.2):
Land form alterations or developments within the 100 year floodplain
shall be allowed only in areas designated as commercial or industrial
on the comprehensive plan land use map, except that alteration or
development associated with community recreation uses, utilities or
public support facilities as defined in Chapter 18.42 of the
Community Development Code shall be allowed in areas designated
residential subject to applicable zoning standards;
• While the Uniform Building Code Chapter 70 does not require permits for fills less
than three feet in depth or less than 50 cubic yards, there is no defined amount or
level of fill that is permitted by the Development Code in the 100 year floodplain.
Signed: 1 h _. Date: KSt 5 1113
d urph mmunity Development Director