08/15/2016 - PacketPLANNING COMMISSION AGENDA – August 15, 2016
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 of 1
City of Tigard
Planning Commission Agenda
MEETING DATE: August 15, 2016 - 7:00 p.m.
MEETING LOCATION: City of Tigard – Town Hall
13125 SW Hall Blvd., Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS 7:02 p.m.
4. CONSIDER MINUTES 7:04 p.m.
5. PUBLIC HEARING 7:05 p.m.
REQUIRED REGULATORY CHANGES AND FEMA FIRM MAP UPDATE
DEVELOPMENT CODE AMENDMENT (DCA) 2016-00002
REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code
(TDC). The proposed amendments include: (1) Adopt updated Flood Insurance Maps; and (2) Update
floodplain regulations (Chapter 18.775 Sensitive Lands) relating to critical facilities and add a severability
clause; and (3) Change marijuana facilities (Chapter 18.735) spacing requirements between facilities from
2,000 feet to 1,000 feet. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide
Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 7(Areas subject to Natural Disasters and
Hazards), and 9 (Economic Development); ORS 475B (Cannabis Regulation); METRO’s Urban Growth
Management Functional Plan Titles 3, and 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.11,
2.1.21, 2.1.23, 7.1.7, 7.1.8, 7.1.9, 9.1.3, and 9.1.12; and Tigard Development Code Chapters 18.380 and
18.390
6. PUBLIC HEARING – POSTPONED TO OCTOBER 3, 2016
DEVELOPMENT CODE AMENDMENT (DCA) 2016-00001
CEMETERY GRAVE SETBACKS
REQUEST: Amend text of the Tigard Development Code, Chapter 18.330.050.10.b.i, to remove 15-foot
yard setback requirements for grave sites. LOCATION: Existing and proposed graveyards within Tigard
city limits. ZONES: Applicable in R-3.5, R-4.5, Low-Density Residential; R-7, Medium-Density Residential;
and I-L, Light Industrial. APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.330, 18.380, and 18.390; Comprehensive Plan Goals 1, 2; and Statewide Planning Goals 1, 2.
7. BRIEFING 8:05 p.m.
ADMINISTRATION AND PROCEDURES CODE UPDATE
8. OTHER BUSINESS 8:20 p.m.
9. ADJOURNMENT 8:30 p.m.
August 15, 2016 Page 1 of 4
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
August 15, 2016
CALL TO ORDER
President Fitzgerald called the meeting to order at 7:00 p.m. The meeting was held in the Tigard
Civic Center, Town Hall, at 13125 SW Hall Blvd.
ROLL CALL
Present: President Fitzgerald
Commissioner Jelinek
Commissioner Lieuallen
Commissioner McDowell
Commissioner Middaugh
Alt. Commissioner Mooney
Commissioner Muldoon
Commissioner Schmidt
Absent: Vice President Feeney; Alt. Commissioner Enloe; Commissioner Hu
Staff Present: Tom McGuire, Assistant Community Development Director; Agnes
Kowacz, Associate Planner; -Joe Patton, Sr. Admin. Specialist
COMMUNICATIONS – President Fitzgerald reported she attended the Tigard Triangle CAC
meeting and they are continuing to work ahead.
CONSIDER MINUTES
July 18, 2016 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions,
or corrections to the July 18 minutes; there being none, Fitzgerald declared the minutes
approved as submitted.
OPEN PUBLIC HEARING
President Fitzgerald opened the public hearing.
REQUIRED REGULATORY CHANGES AND FEMA FIRM MAP UPDATE
DEVELOPMENT CODE AMENDMENT (DCA) 2016-00002)
REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development
Code (TDC). The proposed amendments include: (1) Adopt updated Flood Insurance Maps;
and (2) Update floodplain regulations (Chapter 18.775 Sensitive Lands) relating to critical
facilities and add a severability clause; and (3) Change marijuana facilities (Chapter 18.735)
spacing requirements between facilities from 2,000 feet to 1,000 feet. LOCATION: Citywide.
APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2
August 15, 2016 Page 2 of 4
(Land Use Planning), 7(Areas subject to Natural Disasters and Hazards), and 9 (Economic
Development); ORS 475B (Cannabis Regulation); METRO’s Urban Growth Management
Functional Plan Titles 3, and 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.11,
2.1.21, 2.1.23, 7.1.7, 7.1.8, 7.1.9, 9.1.3, and 9.1.12; and Tigard Development Code Chapters
18.380 and 18.390.
STAFF REPORT
Agnes Kowacz, City of Tigard Associate Planner, gave the staff report (staff reports are available
to the public online one week before public hearings). She gave a brief overview of the required
regulatory changes and FEMA FIRM map updates. The National Flood Insurance Program
(NFIP) was established in 1968. Jurisdictions have six months to adopt the FIRM maps and
corresponding Flood Insurance Study (FIS) in order to participate, or have its citizens eligible to
participate, in the discounted NFIP. FEMA periodically updates the floodplain maps and
amends the NFIP. A Community Assistance Visit (CAV) occurred in September 2014 and
identified that Tigard’s Code lacked Critical Facilities regulations and a severability clause. In
order for Tigard to continue its participation in the NFIP it must adopt, by November 4, 2016,
the updated FIRM and corresponding FIS, regulations specified by the CAV, and additional
items identified in the FEMA email (Exhibit A). The draft Tigard Development Code (TDC –
Exhibit B) shows the proposed changes which she briefly described. Also distributed prior to
the start of the meeting is a letter from Dr. Davis (Exhibit C).
Ballot Measure 91 legalized the use and possession of recreational marijuana on November 4,
2014. Tigard adopted new regulations for handling marijuana related businesses on April 21,
2015. HB3400A established statewide regulations and recognized marijuana as a farm crop. It
also prohibits local jurisdictions from requiring a larger buffer than 1,000 feet between retail
marijuana facilities. The adoption of the revision is required to comply with state law.
QUESTIONS
Can you tell me about how the FEMA maps were developed, the process to appeal the
decision? FEMA’s process is to hire a contractor to develop a hydraulic model that FEMA will use to
develop their maps. FEMA does have an appeal process and this current process started in 2008 and that
process has been completed for these revisions. FEMA and the county previously notified affected property owners.
What happens if the City chooses not to adopt the maps? The City would be dropped from the
National Flood Insurance Program as would Tigard property owners. They would have to pay full cost for flood
insurance.
TESTIMONY IN FAVOR – None.
TESTIMONY IN OPPOSITION –
Cece Dispenza, 11460 SW Dawns Court, voiced frustration regarding the FEMA FIRM
process and the NFIP. Her flood insurance went from $0 per year 25 years ago to the highest
risk with premiums of $1,400 per year due to the NFIP changes. She stated the notice of rate
August 15, 2016 Page 3 of 4
change can come from your mortgage or insurance company. She has spoken to multiple
agencies and has not been able to figure out the reason for the increase. She questioned if Tigard
will complete the same process as Beaverton to lower the insurance rates for its citizens.
Dr. Gene Davis, 10875 SW 89th Avenue, lives near Ash Creek. He stated his property had no
flooding issues until the water main was installed in 1986. He has received permission to lower
the water main and believes lowering it will alleviate the flooding on his property. An analysis of
the issue should be conducted before adopting the new maps.
Paul Jackson, 10250 SW Tigard Street, expressed concern about the notice stating the
proposed changes may affect the value of your property. He referred to an Oregonian article
questioning FEMA’s legal authority. Tom noted there are two separate processes. One is adoption of the
new maps. The second involves a lawsuit against FEMA for violation of the Endangered Species Act. It is
unknown how the settlement of the case will impact Tigard, but none of the proposed Code changes are affected as
they are separate issues.
QUESTIONS TO STAFF
Why change the definition of the 100 year floodplain? Special flood hazard areas is the term
FEMA uses and in some ways it is a better term. 100 year floodplain can be confusing. Someone that
experienced a flood 10 years ago may assume they will not experience another for 90 years. What it actually refers
to is the area has a 1% chance to flood in any given year, not the length of time between flooding.
Can Tigard do anything to change these maps, such as lowering the water main on Dr.
Davis’ property? In general no, and the City does not agree that the water main is the cause of the flooding.
The City Manager has given Dr. Davis permission to move the water main at his expense if he obtains the
proper permits. There are two processes that can take place. A property owner can go to FEMA’s website and
find an application to appeal and find out the requirements and fees involved. The City could theoretically
complete a basin study and based off the results ask for map revisions. All of the evidence would be required and
expensive to gather.
Is there anything Tigard can do to help alleviate some of the costs to citizens such as
Beaverton is doing? Tom noted FEMA has a program called Community Rating System. Depending on
the City’s level of participation, flood insurance premium rates for floodplain property owners can be reduced up to
45%. Council has not given any direction to formally apply for the program or for the associated expenses.
PUBLIC HEARING CLOSED
DELIBERATION
Some points – comments:
The marijuana Code change does not alter Tigard’s policy regarding siting, just the
distance between retail facilities, making it compliant with the state law.
Providing more comprehensive information regarding the FEMA map revision process
would be helpful to affected property owners. Even though Tigard will not advocate on
C I T Y O F T I G A R D
R e s p e c t a n d C a r e | D o t h e R i g h t T h i n g | G e t i t D o n e
Title 18 Administration and
Procedures Update
August 15, 2016Planning Commission
C I T Y O F T I G A R D
Project Summary –Title 18
➢Known problems
➢Poor Code Construction
➢Deferred Maintenance (references to sections no longer
exist-staff list of issues)
➢Incremental Change / Unanticipated Side Effects (whole
review of code)
➢Focus is terminology, process, administration, and
reorganization
➢Consolidated list
C I T Y O F T I G A R D
Project Summary –Strategic Plan
➢Advance Tigard’s Strategic Plan
➢Align land use authority with Vision
➢Remove barriers to bike/ped infrastructure
➢Predictive Flexibility
➢Improve terminology/standards/process
➢Implement recommendations of 2015 Code Audit
(Strategic Plan Goal 2)
C I T Y O F T I G A R D
Approach for Adoption
Part I: Mandatory Changes:
1.Adopt updated FEMA Flood Insurance Maps
2.Text Amendments:
•Regulatory Change for Marijuana Facilities
•Required Floodplain regulation based on audit
•FEMA email dated 8/11/2016
Planning Commission Public Hearing: 8/15/2016
City Council Public Hearing: 9/27/2016
C I T Y O F T I G A R D
Approach for Adoption
Part II: Process and Procedures
1.Re -organization of the code only
•Draft Table of Contents
•Add new section headings
2.Content
•Clarifications and consolidation of sections
•New sections/standards: measurements, detached ADUs
•Fixes from Improvement Database
•Mandatory State/Federal changes
•Recommendations from 2015 Code Audit
C I T Y O F T I G A R D
Approach for Adoption
Due to the size of the Content items, staff will approach
this by splitting it into two meetings for workshops and
public hearings.
Package 1 Package 2
Mandatory Changes Terminology
Administrative fixes Permit Review
New Processes
New sections / regulations
Clean-up / miscellaneous
C I T Y O F T I G A R D
Adoption Timeline
C I T Y O F T I G A R D
Looking Ahead
➢Policy issue discussion-September 12, 2016
➢Complete and adopt re-organization-Dec/Jan
➢Complete first draft-March 2017
➢Targeted internal/external review of first draft
➢Citywide Outreach-
➢Citywide Measure 56 Notice
➢Legislative Adoption
C I T Y O F T I G A R D
Questions
Process and Procedures
July 2016
2016201720187 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3
FEMA/Marijuana (DCA2016-00002)
- Agency Review
- PC Recommendation
- CC Adoption
Part I: Code Reorganization
- Draft Table of Contents
- PC Recommendation
- CC Adoption
Part II: Content
- PC Process Update (8/15/16)
- PC Policy Discussion (9/12/16)
- CC Process Update (9/27/2016)
- Internal Review Draft
- Staff Review
- Public Review Draft
- Public Review / Open house
- Package 1
- Package 2
- Staff Proposed Draft Code
- PC Workshop
- Package 1
- Package 2
- PC Public Hearing
- Package 1
- Package 2
- PC Recommended Draft
- CC Workshop
- Package 1
- Package 2
- CC Public Hearing / Adoption
- Package 1
- Package 2
City Council
PC Meeting
Draft Ready
Open House
Package 1: Mandatory, Administrative fixes, New Processes, New content, Clean-up
Package 2: Terminology, Permit reviews
DCA2016-00002 REQUIRED REGULATORY CHANGES AND FEMA FIRM MAP UPDATE DEVELOPMENT CODE AMENDMENT
Explanation of Formatting These text amendments employ the following formatting: Strikethrough - Text to be deleted [Bold, Underline and Italic] – Text to be added
Excerpt from Chapter 18.120
18.120 Definitions
18.120.030 Meaning of Specific Words and Terms
86. Flood-related definitions:
a. “Base flood” - The flood having a one percent chance of being equaled or exceeded in any given
year. Also referred to as the “100-year flood.”
b. “Critical facility”- A facility for which even a slight chance of flooding might be too great. Critical
facilities include, but are not limited to schools,; nursing homes,; hospitals; police, fire, and emergency
response installations; and installations which produce, use or store hazardous materials or hazardous
waste.
b. “Floodplain” - The zone along a watercourse enclosed by the outer limits of land which is subject
to inundation in its natural or lower revised contours by the base flood.
c. “Floodway” - The normal stream or drainage channel of a river or other watercourse and that the
adjoining adjacent land areas of the natural floodplain needed to convey the waters, including the zero-
foot rise floodway area defined by the U.S. Corps of Engineers Flood Insurance Study, February,
1984.that Floodways must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
d. “Floodway fringe” - The area of the floodplain special flood hazard area lying outside of the
floodway.
e. “Special Flood Hazard Area”- The land area covered by the floodwaters of the base flood is the
Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is the area where the National Flood
Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area
where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, A1-
30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, and V. Also referred to as
the “100-year floodplain.”
Sensitive Lands 18.775-1 AP Update: 2/14
DCA2016-00002 REQUIRED REGULATORY CHANGES AND FEMA FIRM MAP UPDATE DEVELOPMENT CODE AMENDMENT
Explanation of Formatting
These text amendments employ the following formatting: Strikethrough - Text to be deleted [Bold, Underline and Italic] – Text to be added
Chapter 18.775
SENSITIVE LANDS
Sections:
18.775.010 Purpose
18.775.020 Applicability of Uses: Permitted, Prohibited, and Nonconforming
18.775.030 Administrative Provisions
18.775.040 General Provisions for Floodplain Special Flood Hazard Areas
18.775.050 General Provisions for Wetlands
18.775.060 Expiration of Approval: Standards for Extension of Time
18.775.070 Sensitive Land Permits
18.775.080 Application Submission Requirements
18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along
the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek
18.775.100 Adjustments to Underlying Zone Standards
18.775.110 Density Transfer
18.775.120 Variances to Section 18.775.090 Standards
18.775.130 Plan Amendment Option
18.775.140 Significant Habitat Areas Map Verification Procedures
18.775.010 Purpose
A. Maintain integrity of rivers, streams, and creeks. Sensitive land regulations contained in this chapter
are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion,
promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and
preserving scenic quality and recreation potential.
B. Implement comprehensive plan and floodplain management program. The regulations of this chapter
are intended to implement the comprehensive plan and the city’s floodplain management program as
required by the Federal Emergency Management Agency (FEMA) through the National Flood
Insurance Program, and to help to preserve natural sensitive land areas from encroaching use, and to
maintain the November 4, 2016 February 18, 2005, zero-foot rise floodway elevation.
C. Implement Clean Water Service (CWS) design and construction standards. The regulations of this
chapter are intended to protect the beneficial uses of water within the Tualatin River Basin in
accordance with the CWS “Design and Construction Standards,” as adopted February 7, 2000.
Sensitive Lands 18.775-2 AP Update: 2/14
D. Implement the Metro Urban Growth Management Functional Plan. The regulations of this chapter are
intended to protect the beneficial water uses and functions and values of resources within water quality
and flood management areas and to implement the performance standards of the Metro Urban Growth
Management Functional Plan.
E. Implement Statewide Planning Goal 5 (Natural Resources). The regulations in this chapter are intended
to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor
provisions of the Goal 5 administrative rule pertaining to wetland and riparian corridors.
F. Protect public health, safety, and welfare. Sensitive land areas are designated as such to protect the
public health, safety, and welfare of the community through the regulation of these sensitive land areas.
G. Location. Sensitive lands are lands potentially unsuitable for development because of their location
within:
1. The 100-year floodplain special flood hazard area or 1996 flood inundation line, whichever is
greater;
2. Natural drainageways;
3. Wetland areas which are regulated by the other agencies including the U.S. Army Corps of
Engineers and the Division of State Lands, or are designated as significant wetland on the City of
Tigard “Wetland and Stream Corridors Map”;
4. Steep slopes of 25% or greater and unstable ground; and
5. Significant fish and wildlife habitat areas designated on the City of Tigard “Significant Habitat
Areas Map.” (Ord. 06-20, Ord. 05-01)
18.775.020 Applicability of Uses—Permitted, Prohibited, and Nonconforming
A. CWS stormwater connection permit. All proposed development must obtain a stormwater connection
permit from CWS pursuant to its design and construction standards. As used in this chapter, the
meaning of the word “development” shall be as defined in the CWS “Design and Construction
Standards”: All human-induced changes to improved or unimproved real property, including:
1. Construction of structures requiring a building permit, if such structures are external to existing
structures;
2. Land division;
3. Drilling;
4. Site alterations resulting from surface mining or dredging;
5. Grading;
6. Construction of earthen berms;
7. Paving;
Sensitive Lands 18.775-3 AP Update: 2/14
8. Excavation; or
9. Clearing when it results in the removal of trees or vegetation which would require a permit from
the local jurisdiction or an Oregon Department of Forestry tree removal permit.
10. The following activities are not included in the definition of development:
a. Farming activities when conducted in accordance with accepted farming practices as defined
in ORS 30.930 and under a Senate Bill 1010 water quality management plan;
b. Construction, reconstruction, or modification of a single-family residence on an existing lot of
record within a subdivision that was approved by the city or county after September 9, 1995
(from ORS 92.040(2)); and
c. Any development activity for which land use approvals have been issued pursuant to a land use
application submitted to the city or county on or before February 4, 2000, and deemed complete
on or before March 15, 2000.
B. Outright permitted uses with no permit required. Except as provided below and by subsections D, F,
and G of this section, the following uses are outright permitted uses within the 100-year floodplain
special flood hazard area, drainageways, slopes that are 25% or greater, and unstable ground when the
use does not involve paving. For the purposes of this chapter, the word “structure” shall exclude:
children’s play equipment, picnic tables, sand boxes, grills, basketball hoops and similar recreational
equipment.
1. Accessory uses such as lawns, gardens, or play areas; except in a water quality sensitive area or
vegetated corridor, as defined in the CWS “Design and Construction Standards” or the Statewide
Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090.
2. Farm uses conducted without locating a structure within the sensitive land area; except in a water
quality sensitive area or vegetative corridor, as defined in CWS “Design and Construction
Standards” or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined
in Section 18.775.090.
3. Community recreation uses, excluding structures; except in a water quality sensitive area or
vegetated corridor, as defined in the CWS “Design and Construction Standards” or the Statewide
Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090.
4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources.
5. Removal of poison oak, tansy ragwort, blackberry, English ivy, or other noxious vegetation.
6. Maintenance of floodway excluding re-channeling; except in a water quality sensitive area or
vegetated corridor, as defined in the CWS “Design and Construction Standards” or the Statewide
Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090.
7. Fences; except in the floodway area; a water quality sensitive area or vegetated corridor, as defined
in the CSW “Design and Construction Standards”; or the Statewide Goal 5 vegetated corridor
established for the Tualatin River, as defined in Section 18.775.090.
Sensitive Lands 18.775-4 AP Update: 2/14
8. Accessory structures which are less than 120 square feet in size; except in the floodway area; a
water quality sensitive area or vegetated corridor, as defined in the CSW “Design and Construction
Standards”; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined
in Section 18.775.090.
9. Land form alterations involving up to 10 cubic yards of material; except in the floodway area; a
water quality sensitive area or vegetated corridor, as defined in the CSW “Design and Construction
Standards”; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined
in Section 18.775.090.
C. Exemptions. When performed under the direction of the city, and in compliance with the provisions of
the City of Tigard Standards and Specifications for Riparian Area Management, on file in the
engineering division, the following shall be exempt from the provisions of this section:
1. Responses to public emergencies, including emergency repairs to public facilities;
2. Stream and wetlands restoration and enhancement programs;
3. Non-native vegetation removal;
4. Planting of native plant species; and
5. Routine maintenance or replacement of existing public facilities projects.
D. Jurisdictional wetlands. Landform alterations or developments which are only within wetland areas that
meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division
of State Lands, CWS, and/or other federal, state, or regional agencies, and are not designated as
significant wetlands on the City of Tigard “Wetland and Streams Corridors Map,” do not require a
sensitive lands permit. The city shall require that all necessary permits from other agencies are obtained.
All other applicable city requirements must be satisfied, including sensitive land permits for areas
within the 100-year floodplainspecial flood hazard area, slopes of 25% or greater or unstable ground,
drainageways, and wetlands which are not under state or federal jurisdiction.
E. Administrative sensitive lands review.
1. Administrative sensitive lands permits in the 100-year floodplainspecial flood hazard area,
drainageway, slopes that are 25% or greater, and unstable ground shall be obtained from the
appropriate community development division for the following:
a. The city engineer shall review the installation of public support facilities by means of a Type I
procedure, as governed by Section 18.390.030 subject to compliance with all of the standards
in this chapter;
b. The city engineer shall review minimal ground disturbance(s) or landform alterations involving
10 to 50 cubic yards of material, except in the floodway area, for land that is within public
easements and rights-of-way by means of a Type I procedure, as governed by Section
18.390.030 subject to compliance with all of the standards in this chapter;
c. The director shall review minimal ground disturbance(s) or landform alterations involving 10
to 50 cubic yards of material, except in the floodway area by means of a Type I procedure, as
governed by Section 18.390.030 subject to compliance with all of the standards in this chapter;
Sensitive Lands 18.775-5 AP Update: 2/14
d. The director shall review the repair, reconstruction, or improvement of an existing structure or
utility, the cost of which is less than 50% of the market value of the structur e prior to the
improvement or the damage requiring reconstruction provided no development occurs in the
floodway by means of a Type I procedure, as governed by Section 18.390.030 subject to
compliance with all of the standards in this chapter;
e. The building official shall review building permits for accessory structures which are 120 to
528 square feet in size, except in the floodway area; and
f. The director shall review applications for paving on private property, except in the floodway
area by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance
with all of the standards in this chapter.
2. The responsible community development division shall approve, approve with conditions, or deny
an application for a development permit, as described above, based on the standards set forth in
Sections 18.775.050, 18.775.070, and 18.775.080.
F. Sensitive lands permits issued by the director.
1. The director shall have the authority to issue a sensitive lands permit in the followin g areas by
means of a Type II procedure, as governed in Section 18.390.040, using approval criteria contained
in Section 18.775.070:
a. Drainageways;
b. Slopes that are 25% or greater or unstable ground; and
c. Wetland areas which are not regulated by other local, state, or federal agencies and are
designated as significant wetlands on the City of Tigard “Wetland and Streams Corridors Map.”
2. Sensitive lands permits shall be required for the areas in paragraph 1 of this subsection F when any
of the following circumstances apply:
a. Ground disturbance(s) or land form alterations involving more than 50 cubic yards of material;
b. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which
equals or exceeds 50% of the market value of the structure prior to the improvement or the
damage requiring reconstruction;
c. Residential and nonresidential structures intended for human habitation; and
d. Accessory structures which are greater than 528 square feet in size, outside floodway areas.
G. Sensitive lands permits issued by the hearings officer.
1. The hearings officer shall have the authority to issue a sensitive lands permit in the special flood
hazard area100-year floodplain by means of a Type IIIA procedure, as governed by Section
18.390.050, using approval criteria contained in Section 18.775.070.
Sensitive Lands 18.775-6 AP Update: 2/14
2. Sensitive lands permits shall be required in the 100-year floodplainspecial flood hazard area when
any of the following circumstances apply:
a. Ground disturbance(s) or landform alterations in all floodway areas;
b. Ground disturbance(s) or landform alterations in floodway fringe locations involving more than
50 cubic yards of material;
c. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which
equals or exceeds 50% of the market value of the structure prior to the improvement or the
damage requiring reconstruction provided no development occurs in the floodway;
d. Structures intended for human habitation; and
e. Accessory structures which are greater than 528 square feet in size, outside of floodway areas.
H. Other uses. Except as explicitly authorized by other provisions of this chapter, all other uses are
prohibited on sensitive land areas.
I. Nonconforming uses. A use established prior to the adoption of this title, which would be prohibited
by this chapter or which would be subject to the limitations and controls imposed by this chapter, shall
be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter
18.760. (Ord. 09-13; Ord. 06-20)
18.775.030 Administrative Provisions
A. Interagency coordination. The appropriate approval authority shall review all sensitive lands permit
applications to determine that all necessary permits shall be obtained from those federal, state, or local
governmental agencies from which prior approval is also required.
As governed by CWS “Design and Construction Standards,” the necessary permits for all
“development,” as defined in Section 18.775.020.A, shall include a CWS service provider letter, which
specifies the conditions and requirements necessary, if any, for an applicant to comply with CWS water
quality protection standards and for the agency to issue a stormwater connection permit.
B. Alteration or relocation of water course.
1. The director shall notify communities adjacent to the affected area and the State Department of
Land Conservation and Development prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance Administration;
2. The director shall require that maintenance is provided within the altered or relocated portion of a
watercourse so that the flood-carrying capacity is not diminished.
C. Apply standards. The appropriate approval authority shall apply the standards set forth in Sections
18.775.040 and 18.775.070 when reviewing an application for a sensitive lands permit.
D. Elevation and floodproofing certification. The appropriate approval authority shall require that the
elevations and floodproofing certification required in subsection E of this section be provided prior to
permit issuance and verification upon occupancy and final approval.
E. Maintenance of records.
Sensitive Lands 18.775-7 AP Update: 2/14
1. Where base flood elevation data is provided through the flood insurance study, the building official
shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures, and whether or not the
structure contains a basement;
2. For all new or substantially improved floodproofed structures, the building official shall:
a. Verify and record the actual elevation (in relation to mean sea level); and
b. Maintain the floodproofing certifications required in this chapter.
3. The director shall maintain for public inspection all other records pertaining to the provisions in
this chapter.
18.775.040 General Provisions for FloodplainSpecial Flood Hazard Areas
A. Permit review. The appropriate approval authority shall review all permit applications to determine
whether proposed building sites will minimize the potential for flood damage.
B. Special flood hazard. The areas of special flood hazard identified by the Federal Insurance
AdministrationFEMA in a scientific and engineering report entitled “The Flood Insurance Study of the
Cityfor Washington County, Oregon and Incorporated Areas of Tigard,” effective February 18,
2005dated effective November 4, 2016” with accompanying fFlood Iinsurance rate maps Map
effectiveFebruary 18, 2005, is hereby adopted by reference and declared to be a part of this
chapterordinance. This flood insurance study is on file at the Tigard Civic Center.
C. Base flood elevation data. When base flood elevation data has not been provided in accordance with
subsection B of this section, the director shall obtain, review and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other source, in order to administer
subsections M and N of this section.
D. Test of reasonableness. Where elevation data is not available either through the flood insurance study
or from another authoritative source, applications for building permits shall be reviewed to assure that
the potential for flood damage to the proposed construction will be minimized. The test of
reasonableness is a local judgment and includes use of historical data, high water marks, photographs
of past flooding, etc., where available. Failure to elevate at least two feet above grade in these sensitive
land areas may result in higher insurance rates.
E. Resistant to flood damage. All new construction and substantial improvements, including manufactured
homes, shall be constructed with materials and utility equipment resistant to flood damage.
F. Minimize flood damage. All new construction and substantial improvements, including manufactured
homes, shall be constructed using methods and practices that minimize flood damage.
G. Equipment protection. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
H. Water supply systems. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwater into the system.
Sensitive Lands 18.775-8 AP Update: 2/14
I. Anchoring. All new construction, all manufactured homes and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the structure.
J. Sanitary sewerage systems. New and replacement sanitary sewerage systems shall be designed to
minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into
floodwater.
K. On-site water disposal systems. On-site water disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
L. Residential construction.
1. New construction and substantial improvement of any residential structure, including manufactured
homes, shall have the lowest floor, including the basement, elevated at least one foot above base
flood elevation;
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwater. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect, or must meet or exceed the following minimum
criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that
they permit the automatic entry and exit of flood waters.
3. Manufactured homes shall be securely anchored to an adequately anchored permanent foundation
system. Anchoring methods may include, but are not limited to, use of over -the-top or frame ties
to ground anchors.
M. Nonresidential construction. New construction and substantial improvement of any commercial,
industrial, or other nonresidential structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities,
shall:
1. Be floodproofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy;
3. Be certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions of this
subsection based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the building official as set forth in 18.775.030.E.2;
and
Sensitive Lands 18.775-9 AP Update: 2/14
4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for
space below the lowest floor as described in paragraph L.2 of this section. Applicants flood-
proofing nonresidential buildings shall be notified that flood insurance premiums will be based on
rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood
level will be rated as one foot below that level).
N. Subdivisions and partitions in 100-year floodplainspecial flood hazard areas. Subdivisions and
partitions in the 100-year floodplainspecial flood hazard area shall meet the following criteria:
1. The design shall minimize the potential for flood damage;
2. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and
constructed so as to minimize flood damage;
3. Adequate drainage shall be provided to reduce exposure to flood damage; and
4. For subdivisions or partitions which contain more than 50 lots or five acres and where base flood
elevation data is not available from the Federal Emergency Management Agency (FEMA) or
another authoritative source, the applicant shall generate base flood elevation data to be reviewed
as part of the application.
O. Recreational vehicles. Recreational vehicles placed on sites within Zones A1-A30, AH, and AE on the
community’s flood insurance rate map either:
1. Are on the site for fewer than 180 consecutive days;
2. Are fully licensed and ready for highway use:
a. Are on wheels or jacking system,
b. Are attached to the site only by quick disconnect type utilities and security devices, and have
no permanently attached additions, or
c. Meet the requirements of subsections E, F, I, and L of this section and the elevation and
anchoring requirements for manufactured homes. (Ord. 05-01)
P. Construction of new critical facilities shall be, to the extent possible, located outside of the limits of
the special flood hazard area. Construction of new critical facilities shall be permissible within the
special flood hazard area if no feasible alternative site is available. Critical facilities constructed
within the special flood hazard area shall have the lowest floor elevated three feet above base flood
elevation or to the height of the 500-year flood, whichever is higher. Access to and from the critical
facility should also be protected to the height utilized above. Floodproofing and sealing measures
must be taken to ensure that toxic substances will not be displaced by or released into floodwaters.
Access routes elevated to or above the level of the base flood elevation shall be provided to all critical
facilities to the extent possible.
O. Severability. If any section, clause, sentence, or phrase of the ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this Ordinance.
18.775.050 General Provisions for Wetlands
Sensitive Lands 18.775-10 AP Update: 2/14
A. Code compliance requirements. Wetland regulations apply to those areas classified as significant on
the City of Tigard “Wetland and Streams Corridors Map,” and to a vegetated corridor ranging from 25
to 200 feet wide, measured horizontally, from the defined boundaries of the wetland, per “Table 3.1,
Vegetated Corridor Widths,” and “Appendix C, Natural Resource Assessments,” of the CWS “Design
and Construction Standards.” Wetland locations may include but are not limited to those areas
identified as wetlands in “Wetland Inventory and Assessment for the City of Tigard, Oregon,” Fishman
Environmental Services, 1994.
B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on wetland maps;
specific delineation of wetland boundaries may be necessary. Wetland delineation will be done by
qualified professionals at the applicant’s expense.
18.775.060 Expiration of Approval—Standards for Extension of Time
A. Voiding of permit. Approval of a sensitive lands permit shall be void if:
1. Substantial construction of the approved plan has not begun within a one-and-one-half year period;
or
2. Construction on the site is a departure from the approved plan.
B. Granting of extension. The director shall, upon written request by the applicant and payment of the
required fee, grant an extension of the approval period not to exceed one year, provided that:
1. No changes are made on the original plan as approved by the approval authority;
2. The applicant can show intent of initiating construction of the site within the one year extension
period; and
3. There have been no changes to the applicable comprehensive plan policies and ordinance
provisions on which the approval was based.
C. Notice of the decision. Notice of the decision shall be provided to the applicant. The director’s decision
may be appealed by the applicant as provided by 18.390.040.G and H.
18.775.070 Sensitive Land Permits
A. Permits required. An applicant, who wishes to develop within a sensitive area, as defined in Chapter
18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed
activity within a sensitive area, either a Type II or Type III permit is required, as delineated in
18.775.020.F and G. The approval criteria for various kinds of sensitive areas, e.g., special flood hazard
areafloodplain, are presented in subsections B through E of this section.
B. Within the 100-year floodplainspecial flood hazard area. The hearings officer shall approve, approve
with conditions or deny an application request within the 100-year floodplainspecial flood hazard area
based upon findings that all of the following criteria have been satisfied:
1. Compliance with all of the applicable requirements of this title;
2. Land form alterations shall preserve or enhance the special flood hazard area floodplain storage
function and maintenance of the zero-foot rise floodway shall not result in any encroachments,
Sensitive Lands 18.775-11 AP Update: 2/14
including fill, new construction, substantial improvements and other development unless certified
by a registered professional engineer that the encroachment will not result in any increase in flood
levels during the base flood discharge;
3. Land form alterations or developments within the 100-year floodplain special flood hazard area
shall be allowed only in areas designated as commercial or industrial on the comprehensive plan
land use map, except that alterations or developments associated with community recreation uses,
utilities, or public support facilities as defined in Chapter 18.120 of the community development
code shall be allowed in areas designated residential subject to applicable zoning standards;
4. Where a land form alteration or development is permitted to occur within the special flood hazard
area floodplain it will not result in any increase in the water surface elevation of the 100-year flood;
5. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance
with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is
deemed by the hearings officer as untimely;
6. Pedestrian/bicycle pathway projects within the special flood hazard area floodplain shall include
a wildlife habitat assessment that shows the proposed alignment minimizes impacts to significant
wildlife habitat while balancing the community’s recreation and environmental educational goals;
7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands, and CWS permits and approvals shall be obtained; and
8. Where land form alterations and/or development are allowed within and adjacent to the special
flood hazard area100-year floodplain, the city shall require the consideration of dedication of
sufficient open land area within and adjacent to the special flood hazard area floodplain in
accordance with the comprehensive plan. This area shall include portions of a suitable elevation
for the construction of a pedestrian/bicycle pathway within the special flood hazard area floodplain
in accordance with the adopted pedestrian/bicycle pathway plan.
C. With steep slopes. The appropriate approval authority shall approve, approve with conditions or deny
an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based
upon findings that all of the following criteria have been satisfied:
1. Compliance with all of the applicable requirements of this title;
2. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
3. The proposed land form alteration or development will not result in erosion, stream sedimentation,
ground instability, or other adverse on-site and off-site effects or hazards to life or property;
4. The structures are appropriately sited and designed to ensure structural stability and proper drainage
of foundation and crawl space areas for development with any of the following soil conditions:
wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-
bedrock; and
5. Where natural vegetation has been removed due to land form alteration or development, the areas
not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance
with Chapter 18.745, Landscaping and Screening.
Sensitive Lands 18.775-12 AP Update: 2/14
D. Within drainageways. The appropriate approval authority shall approve, approve with conditions or
deny an application request for a sensitive lands permit within drainageways based upon findings that
all of the following criteria have been satisfied:
1. Compliance with all of the applicable requirements of this title;
2. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
3. The proposed land form alteration or development will not result in erosion, stream sedimentation,
ground instability, or other adverse on-site and off-site effects or hazards to life or property;
4. The water flow capacity of the drainageway is not decreased;
5. Where natural vegetation has been removed due to land form alteration or development, the areas
not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance
with Chapter 18.745, Landscaping and Screening;
6. The drainageway will be replaced by a public facility of adequate size to accommodate maximum
flow in accordance with the adopted 1981 Master Drainage Plan;
7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands, and CWS approvals shall be obtained;
8. Where land form alterations and/or development are allowed within and adjacent to the special
flood hazard area100-year floodplain, the city shall require the consideration of dedication of
sufficient open land area within and adjacent to the special flood hazard area floodplain in
accordance with the comprehensive plan. This area shall include portions of a suitable elevation
for the construction of a pedestrian/bicycle pathway within the special flood hazard area floodplain
in accordance with the adopted pedestrian bicycle pathway plan.
E. Within wetlands. The director shall approve, approve with conditions or deny an application request
for a sensitive lands permit within wetlands based upon findings that all of the following criteria have
been satisfied:
1. Compliance with all of the applicable requirements of this title;
2. The proposed land form alteration or development is neither on wetland in an area designated as
significant wetland on the comprehensive plan special flood hazard area floodplain and wetland
map nor is within the vegetative corridor established per “Table 3.1 Vegetative Corridor Widths”
and “Appendix C: Natural Resources Assessments” of the CWS “Design and Construction
Standards,” for such a wetland;
3. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than the minimum required for the use;
4. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland
characteristics have been mitigated;
Sensitive Lands 18.775-13 AP Update: 2/14
5. Where natural vegetation has been removed due to land form alteration or development, erosion
control provisions of the Surface Water Management program of Washington County must be met
and areas not covered by structures or impervious surfaces will be replanted in like or similar
species in accordance with Chapter 18.745, Landscaping and Screening;
6. All other sensitive lands requirements of this chapter have been met;
7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands, and CWS approvals shall be obtained;
8. The provisions of Chapter 18.790, Tree Removal, shall be met;
9. Physical limitations and natural hazards, special flood hazard area floodplains and wetlands,
natural areas, and parks, recreation and open space policies of the comprehensive plan have been
satisfied. (Ord. 12-09 §1; Ord. 09-11)
18.775.080 Application Submission Requirements
All applications for uses and activities identified in 18.775.020.A through G shall be made on forms
provided by the director and must include the following information in graphic, tabular and/or narrative
form. The specific information on each of the following is available from the director:
A. A CWS stormwater connection permit;
B. A site plan;
C. A grading plan;
D. An urban forestry plan per Chapter 18.790 (for 18.775.020.F and G); and
E. A landscaping plan. (Ord. 12-09 §1)
18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along
the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek
A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe
harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands, all
wetlands classified as significant on the City of Tigard “Wetlands and Streams Corridors Map” are
protected. No land form alterations or developments are allowed within or partially within a significant
wetland, except as allowed/approved pursuant to Section 18.775.130.
B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe
harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to riparian
corridors, a standard setback distance or vegetated corridor area, measured horizontally from and
parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and the
South Fork of Ash Creek.
1. The standard width for “good condition” vegetated corridors along the Tualatin River is 75 feet,
unless wider in accordance with CWS “Design and Construction Standards,” or modified in
accordance with Section 18.775.130. If all or part of a locally significant wetland (a wetland
identified as significant on the City of Tigard “Wetlands and Streams Corridors Map”) is located
Sensitive Lands 18.775-14 AP Update: 2/14
within the 75-foot setback area, the vegetated corridor is measured from the upland edge of the
associated wetland.
2. The standard width for “good condition” vegetated corridors along Fanno Creek, Ball Creek, and
the South Fork of Ash Creek is 50 feet, unless wider in accordance with CWS “Design and
Construction Standards”, or modified in accordance with Section 18.775.130. If all or part of a
locally significant wetland (a wetland identified as significant on the City of Tigard “Wetlands and
Streams Corridors Map”) is located within the 50-foot setback area, the vegetated corridor is
measured from the upland edge of the associated wetland.
3. The minimum width for “marginal or degraded condition” vegetated corridors along the Tualatin
River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the standard width,
unless wider in accordance with CWS “Design and Construction Standards,” or modified in
accordance with Section 18.775.130.
4. The determination of corridor condition shall be based on the natural resource assessment
guidelines contained in the CWS “Design and Construction Standards.”
5. The standard setback distance or vegetated corridor area applies to all development proposed on
property located within or partially within the vegetated corridors, except as allowed below:
a. Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in
order to provide access to the sensitive area or across the sensitive area, as approved by the city
per Section 18.775.070 and by CWS “Design and Construction Standards”;
b. Utility/service provider infrastructure construction (i.e. storm, sanitary sewer, water, phone,
gas, cable, etc.), if approved by the city and CWS;
c. A pedestrian or bike path, not exceeding 10 feet in width and meeting the CWS “Design and
Construction Standards”;
d. Grading for the purpose of enhancing the vegetated corridor, as approved by the city and CWS;
e. Measures to remove or abate hazards, nuisances, or fire and life safety violations, as approved
by the regulating jurisdiction;
f. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife
habitat, as approved by the city and CWS;
g. Measures to repair, maintain, alter, remove, add to, or replace existing structures, roadways,
driveways, utilities, accessory uses, or other developments provided they are consistent with
city and CWS regulations, and do not encroach further into the vegetated corridor or sensitive
area than allowed by the CWS “Design and Construction Standards.”
6. Land form alterations or developments located within or partially within the Goal 5 safeharbor
setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek,
and the South Fork of Ash Creek that meet the jurisdictional requirements and permit criteria of
the CWS, U.S. Army Corps of Engineers, Division of State Lands, and/or other federal, state, or
regional agencies, are not subject to the provisions of this subsection B, except where the:
a. Land form alterations or developments are located within or partially within a good condition
vegetated corridor, as defined in paragraphs 1 and 2 of this subsection B;
Sensitive Lands 18.775-15 AP Update: 2/14
b. Land form alterations or developments are located within or partially within the minimum
width area established for marginal or a degraded condition vegetated corridor, as defined in
paragraph 3 of this subsection B.
These exceptions reflect instances of the greater protection of riparian corridors provided by the
safe harbor provisions of the Goal 5 administrative rule.
18.775.100 Adjustments to Underlying Zone Standards
Adjustments to dimensional standards of the underlying zone district may be approved by the Planning
Director when necessary to further the purpose of this section.
A. Adjustment option. The planning director may approve up to 50% adjustment to any dimensional
standard (e.g., setback height or lot area) of the underlying zone district to allow development consistent
with the purposes of this section. The purpose of the adjustment process is to reduce adverse impacts
on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope of
flood hazards.
B. Adjustment criteria. A special adjustment to the standards in the underlying zoning district may be
requested under Type II procedure when development is proposed within or adjacent to the vegetated
corridor area or within or adjacent to areas designated as “strictly limit” or “moderately limit” on the
City of Tigard “Significant Habitat Areas Map.” Verification of significant habitat boundaries shall be
done in accordance with the procedures described in Section 18.775.140. In order for the director to
approve a dimensional adjustment to standards in the underlying zoning district, the applicant shall
demonstrate that all the following criteria are fully satisfied:
1. The adjustment is the minimum necessary to allow a permitted use, while at the same time
minimizing disturbance to a water resource, riparian setback area or water quality buffer;
2. Explicit consideration has been given to maximizing vegetative cover, minimizing excavation and
minimizing impervious surface area on buildable land;
3. Design options have been considered to reduce the impacts of development, including but not
limited to multi-story construction, siting of the residence close to the street to reduce driveway
distance, maximizing the use of native landscaping materials, minimizing parking areas,
minimizing hydrologic impacts and garage space;
4. In no case shall the impervious surface area as a single-family residence (including the building
footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed
3,000 square feet of a vegetated corridor area;
5. Assurances are in place to guarantee that future development will not encroach further on land
under the same ownership within the vegetated corridor area;
6. Protected vegetated corridor, significant habitat areas and adjacent buffer areas must be:
a. Placed in a non-buildable tract or protected with a restrictive easement;
b. Restoration and enhancement of habitat and buffer areas required, including monitoring for
five years.
Sensitive Lands 18.775-16 AP Update: 2/14
C. Reduction to minimum density requirements for developments that include inventoried significant
habitat areas. The minimum number of units required by Section 18.510.040 (Density Calculation) may
be waived if necessary to ensure that impacts on habitat areas are minimized.
1. Approval criteria. Reduction requests will be approved if the review body finds that the applicant
has shown that the following criteria are met:
a. An area of the property lot or parcel to be developed has been identified on the “Significant
Habitat Areas Map.” Verification of significant habitat boundaries shall be done in accordance
with the procedures described in Section 18.775.140.
b. The proposal will be consistent with the character of the neighboring area.
c. This provision may only be applied to properties that were inside the Metro Urban Growth
Boundary (UGB) on January 1, 2002.
d. The proposal will directly result in the protection of significant habitat areas through placement
in a non-buildable tract or protected with a restrictive easement.
2. Procedure.
a. The amount of reduction in the minimum density shall be calculated by subtracting the number
of square feet of inventoried significant habitat that is permanently protected from the total
number of square feet used to calculate the minimum density requirement.
b. Requests for a reduction are processed as Type II procedure along with the development
proposal for which the application has been filed.
The planning director may impose any reasonable condition necessary to mitigate identified impacts
resulting from development on otherwise unbuildable land. (Ord. 06-20)
18.775.110 Density Transfer
Density may be transferred from vegetated corridor areas as provided in Sections 18.715.020 through
18.715.030.
18.775.120 Variances to Section 18.775.090 Standards
Variances to the use provisions of Section 18.775.090 are not permitted. Variances from measurable
(dimensional) provisions of this section shall be discouraged and may be considered only as a last resort.
A. Type II variance option. The hearings officer shall hear and decide variances from dimensional
provisions of this chapter under Type III procedure, in accordance with the criteria in Chapter 18.370
of the zoning ordinance.
B. Additional criteria. In addition to the general variance criteria described in Chapter 18.370, all the
following additional criteria must be met to grant a variance to any dimensional provision of this
chapter:
Sensitive Lands 18.775-17 AP Update: 2/14
1. The variance is necessary to allow reasonable economic use of the subject parcel of land, which is
owned by the applicant, and which was not created after the effective date of this chapter;
2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable
site for a use that is permitted outright in the underlying zoning district, and for which the applicant
has submitted a formal application;
3. The applicant has exhausted all options available under this chapter to relieve the hardship;
4. Based on review of all required studies identical to those described in Section 3.02.5.c Tier 2
Alternatives Analysis of the CWS “Design and Construction Standards,” the variance is the
minimum necessary to afford relief, considering the potential for increased flood and erosion
hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water
quality;
5. Based on review of all required studies identical to those described in Section 3.02.5 of the CWS
“Design and Construction Standards,” no significant adverse impacts on water quality, erosion or
slope stability will result from approval of this hardship variance, or these impacts have been
mitigated to the greatest extent possible;
6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on -site,
on a square foot for square foot basis, by native vegetation.
18.775.130 Plan Amendment Option
Any owner of property affected by the Goal 5 safeharbor (1) protection of significant wetlands and/or (2)
vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash
Creek may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This
amendment must be based on a specific development proposal. The effect of the amendment would be to
remove Goal 5 protection from the property, but not to remove the requirements related to the CWS
Stormwater Connection Permit, which must be addressed separately through an alternatives analysis, as
described in Section 3.02.5 of the CWS “Design and Construction Standards.” The applicant shall
demonstrate that such an amendment is justified by either of the following:
A. ESEE analysis. The applicant may prepare an environmental, social, economic and energy (ESEE)
consequences analysis prepared in accordance with OAR 660-23-040.
1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use,
considering both the impacts on the specific resource site and the comparison with other
comparable sites within the Tigard Planning Area;
2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse
economic consequences of not allowing the conflicting use are sufficient to justify the loss, or
partial loss, of the resource;
3. In particular, ESEE analysis must demonstrate why the use cannot be located on buil dable land,
consistent with the provisions of this chapter, and that there are no other sites within the Tigard
Planning Area that can meet the specific needs of the proposed use;
Sensitive Lands 18.775-18 AP Update: 2/14
4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands
ecologist and a land use planner or land use attorney, all of whom are qualified in their respective
fields and experienced in the preparation of Goal 5 ESEE analysis;
5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the
Tigard Comprehensive Plan, and the “Tigard Wetland and Stream Corridor Map” shall be amended
to remove the site from the inventory.
B. Determination of “insignificance.” In this case, the applicant must demonstrate that the sensitive area
site(s) no longer meet(s) the applicable significance threshold defined by the Goal 5 administrative rule,
relative to other comparable resources within the Tigard Planning Area.
1. Significance thresholds are described and applied in the addendum to the City of Tigard Local
Wetlands Inventory adopted by reference as part of this chapter.
2. In considering this claim, the city council shall determine that the decline in identified resource
values did not result from a violation of this chapter or any other provision of the Tigard
Community Development Code.
18.775.140 Significant Habitat Areas Map Verification Procedures
The significant habitat areas map shall be the basis for determining the general location of significant habitat
areas on or adjacent to the site.
A. Applicants who concur that the significant habitat areas map is accurate shall submit the following
information to serve as the basis for verifying the boundaries of inventoried habitat areas:
1. Submission requirements.
a. A detailed property description;
b. A scale map of the property showing the locations of significant habitat areas, any existing
built area, wetlands or water bodies, Clean Water Services’ vegetated corridor, the special flood
hazard area100-year floodplain, the 1996 flood inundation line, and contour lines (two-foot
intervals for slope less than 15% and 10-foot intervals for slopes 15% or greater); and
c. A current aerial photograph of the property.
2. Decision process. The planning director’s decision shall be based on consideration of submitted
information, site visit information, and other factual information. Should the applicant disagree
with the planning director’s determination on the location of significant habitat areas on the
property, the precise boundaries shall be verified by the applicant in accordance with the detailed
delineation methodology outlined in subsection B of this section.
B. Applicants who believe that the map is inaccurate shall submit a detailed delineation conducted by a
qualified professional in accordance with the following methodology to verify the precise boundaries
of the inventoried habitat areas by means of a Type II procedure.
1. Verifying boundaries of inventoried riparian habitat. Locating habitat and determining its riparian
habitat class is a four-step process:
Sensitive Lands 18.775-19 AP Update: 2/14
a. Locate the water feature that is the basis for identifying riparian habitat.
i. Locate the top of bank of all streams, rivers, and open water within 200 feet of the property.
ii. Locate the special flood hazard area 100-year floodplain or 1996 flood inundation line,
whichever is greater, within 100 feet of the property.
iii. Locate all wetlands within 150 feet of the property. Identified wetlands on the property
shall be further delineated consistent with methods currently accepted by the Oregon
Division of State Lands and the U.S. Army Corps of Engineers.
b. Identify the vegetative cover status of all areas on the property that are within 200 feet of the
top of bank of streams, rivers, and open water, are wetlands or are within 150 feet of wetlands,
and are flood areas and within 100 feet of flood areas.
i. Vegetative cover status shall be as identified on the metro vegetative cover map.
ii. The vegetative cover status of a property may be adjusted only if (a) the property was
developed prior to the time the regional program was approved; or (b) an error was made
at the time the vegetative cover status was determined. To assert the latter type of error,
applicants shall submit an analysis of the vegetative cover on their property using summer
2002 aerial photographs and the following definition of vegetative cover types in Table
18.775.1.
Table 18.775.1
Definitions of Vegetative Cover Types
Type Definition
Low structure vegetation
or open soils
Areas that are part of a contiguous area one acre or larger of grass,
meadow, croplands, or areas of open soils located within 300 feet of a
surface stream (low structure vegetation areas may include areas of shrub
vegetation less than one acre in size if they are contiguous with areas of
grass, meadow, croplands, orchards, Christmas tree farms, holly farms, or
areas of open soils located within 300 feet of a surface stream and
together form an area of one acre in size or larger).
Woody vegetation Areas that are part of a contiguous area one acre or larger of shrub or open
or scattered forest canopy (less than 60% crown closure) located within
300 feet of a surface stream.
Forest canopy Areas that are part of a contiguous grove of trees one acre or larger in area
with approximately 60% or greater crown closure, irrespective of whether
the entire grove is within 200 feet of the relevant water feature.
c. Determine whether the degree that the land slope upward from all streams, rivers, and open
water within 200 feet of the property is greater than or less than 25% (using the vegetated
corridor measurement methodology as described in Clean Water Services Design and
Construction Standards); and
d. Identify the riparian habitat classes applicable to all areas on the property using Table 18.775.2
and Table 18.775.3.
Table 18.775.2
Sensitive Lands 18.775-20 AP Update: 2/14
Method for Locating Boundaries of Class I and II Riparian Areas
Distance in
feet from
water
feature
Development/Vegetation Status1
Developed areas not
providing vegetative
cover
Low structure vegetation
or open soils
Woody vegetation
(shrub and scattered
forest canopy)
Forest canopy (closed
to open forest canopy)
Surface streams
0-50 Class II Class I Class I Class I
50-100 Class II2 Class I Class I
100-150 Class II2 if slope > 25% Class II2 if slope > 25% Class II2
150-200 Class II2 if slope > 25% Class II2 if slope > 25% Class II2 if slope > 25%
Wetlands (Wetland feature itself is a Class I Riparian Area)
0-100 Class II2 Class I Class I
100-150 Class II2
Flood Areas (Undeveloped portion of flood area is a Class I Riparian Area)
0-100 Class II2 Class II2
1 The vegetative cover type assigned to any particular area was based on two factors: the type of vegetation observed in aerial
photographs and the size of the overall contiguous area of vegetative cover to which a particular piece of vegetation belonged.
As an example of how the categories were assigned, in order to qualify as a “forest canopy” the forested area had to be part
of a larger patch of forest land at least one acre in size.
2 Areas that have been identified as habitats of concern, as designated on the Metro Habitats of Concern Map (on file in the
Metro Council office), shall be treated as Class I riparian habitat areas in all cases, subject to the provision of additional
information that establishes that they do not meet the criteria used to identity habitats of concern as described in Metro’s
Technical Report for Fish and Wildlife. Examples of habitats of concern include: Oregon white oak woodlands, bottomland
hardwood forests, wetlands, native grasslands, riverine islands or deltas, and important wildlife migration corridors.
Table 18.775.3
Tualatin Basin “Limit” Decision
Conflicting Use Category
Resource Category
High Intensity
Urban Other Urban
Future Urban
(2002 and 2004
additions)
Non-Urban
(outside UGB)
Class I & II Riparian Inside
Vegetated Corridor
Moderately Limit Strictly Limit Strictly Limit N/A
Class I & II Riparian
Outside Vegetated Corridor
Moderately Limit Moderately Limit Moderately Limit Moderately Limit
All other Resource Areas Lightly Limit Lightly Limit Lightly Limit Lightly Limit
Inner Impact Area Lightly Limit Lightly Limit Lightly Limit Lightly Limit
Outer Impact Area Lightly Limit Lightly Limit Lightly Limit Lightly Limit
* Vegetated corridor standards are applied consistently throughout the District; in HIU areas they supersede the “limit” decision.
2. Verifying boundaries of inventoried upland habitat was identified based on the existence of
contiguous patches of forest canopy, with limited canopy openings. The “forest canopy”
designation is made based on analysis of aerial photographs as part of determining the vegetative
cover status of land within the region. Upland habitat shall be as iden tified on the Significant
Habitat Areas Map unless corrected as provided in this subsection.
a. Except as provided below, vegetative cover status shall be as identified on the Metro Vegetative
Cover Map used to inventory habitat (available from the Metro Data Resource Center, 600 N.E.
Grand Ave., Portland, OR 97232).
Sensitive Lands 18.775-21 AP Update: 2/14
b. The only allowed corrections to the vegetative cover status of a property area as follows:
i. To correct errors made when the vegetative status of an area was determined based on
analysis of the aerial photographs used to inventory the habitat. The perimeter of an area
delineated as “forest canopy” on the Metro Vegetative Cover Map may be adjusted to more
precisely indicate the dripline of the trees within the canopied area provided that no areas
providing greater than 60% canopy crown closure are de-classified from the “forest
canopy” designation. To assert such errors, applicants shall submit an analysis of the
vegetative habitat cover on their property using the aerial photographs that were used to
inventory the habitat and the definitions of the different vegetative cover types provided in
Table 18.775.1; and
ii. To remove tree orchards and Christmas tree farms from inventoried habitat; provided,
however, that Christmas tree farms where the trees were planted prior to 1975 and have
not been harvested for sale as Christmas trees shall not be removed from the habitat
inventory.
c. If the vegetative cover status of any area identified as upland habitat is corrected pursuant to
subparagraph A.2.b.i of this section to change the status of an area originally identified as
“forest canopy,” then such area shall not be considered upland habitat unless it remains part of
a forest canopy opening less than one acre in area completely surrounded by an area of
contiguous forest canopy. (Ord. 06-20)
Marijuana Facilities 18.735-1 Code Update: 4/15
DCA2016-00002 REQUIRED REGULATORY CHANGES AND FEMA FIRM MAP UPDATE DEVELOPMENT CODE AMENDMENT
Explanation of Formatting
These text amendments employ the following formatting: Strikethrough - Text to be deleted [Bold, Underline and Italic] – Text to be added
Chapter 18.735
MARIJUANA FACILITIES
Sections:
18.735.010 Purpose
18.735.020 Applicability
18.735.030 Compliance and Enforcement
18.735.040 Development Standards
18.735.010 Purpose
The purpose of this chapter is to:
A. Protect the general health, safety, property, and welfare of the public;
B. Balance the right of individuals to produce and access marijuana and marijuana derivatives consistent
with state law, with the need to minimize adverse impacts to nearby properties that may result from the
production, storage, distribution, sale, and/or use of marijuana and derivatives;
C. Prevent or reduce criminal activity that may result in harm to persons or property;
D. Prevent or reduce diversion of state-licensed marijuana and marijuana derivatives to minors; and
E. Minimize impacts to the city’s public safety services by reducing calls for service. (Ord. 15 -07 §3)
18.735.020 Applicability
A. Relationship to other standards. The regulations within this chapter are in addition to base zone
standards. Sites with overlay zones, plan districts, inventoried hazards, and/or sensitive lands are
subject to additional regulations. Specific uses or development types may also be subject to regulations
set forth elsewhere in this title.
B. When provisions apply. The provisions of this chapter shall apply to all marijuana facilities requiring
a state license or registration. (Ord. 15-07 §3)
18.735.030 Compliance and Enforcement
Marijuana Facilities 18.735-2 Code Update: 4/15
A. Procedure. All marijuana facilities requiring a state license or registration, and public places of
assembly where marijuana is consumed, shall demonstrate minimal compliance with these standards
through a Type I procedure as set forth in Section 18.390.030 of this title, using approval criteria set
forth in subsection B of this section.
B. Approval criteria. Development subject to the provisions of this chapter shall demonstrate compliance
with all standards set forth in Section 18.735.040 of this chapter.
C. Documentation. The following provisions shall apply at the time of minimum compliance review or a
request for enforcement:
1. When processing a minimum compliance review, the city may accept an evaluation and explanation
certified by a registered engineer or architect, as appropriate, that the proposed development will
meet the off-site odor impact standard. The evaluation and explanation shall provide a description
of the use or activity, equipment, processes and the mechanisms, or equipment used to avoid or
mitigate off-site impacts.
2. If the city does not have the equipment or expertise to measure and evaluate a specific complaint
regarding off-site impacts, it may request assistance from another agency or may contract with an
independent expert to perform the necessary measurements. The city may accept measurements
made by an independent expert hired by the controller or operator of the off -site impact source.
(Ord. 15-07 §3)
18.735.040 Development Standards
Development subject to the provisions of this chapter shall demonstrate compliance with all of the following
standards:
A. The proposed development complies with all applicable state requirements.
B. The proposed use is allowed in the underlying zone and complies with all applicable requirements of
this title.
C. The proposed development meets all of the following site location restrictions. All distances shall be
measured at the closest property lines between the proposed site and nearest lot or parcel containing
the specified use or characteristic.
1. Marijuana facilities are prohibited within the MU-CBD zone.
2. The proposed development is not within 1,000 feet of a public or private elementary school,
secondary school, or career school attended primarily by minors.
3. Sale-oriented retail and wholesale sales uses open to the public shall be subject to the following
restrictions:
a. Must be located on a lots or parcel with frontage along Pacific Highway (Oregon Route 99W);
b. Shall not be located within 2,000 1,000 feet of another state-licensed retail or wholesale
marijuana facility within or outside of city limits; and
Marijuana Facilities 18.735-3 Code Update: 4/15
c. Shall not be located within 500 feet of a public library or Tigard parks and recreation zone.
4. Non-retail uses and wholesale sales uses not open to the public shall not be located within 500 feet
of one or more of the following zones or facilities:
a. Residential zone;
b. Parks and recreation zone;
c. Public library.
D. Hours of commercial operation shall be limited to the hours between 10:00 am and 8:00 pm. General
industrial uses with no on-site retail activity are exempt from this restriction.
E. Primary entrances shall be clearly visible from Pacific Highway (Oregon Route 99W).
F. The proposed development shall be located inside a permanent building and may not be located within
a trailer, shipping container, cargo container, tent, or motor vehicle. Outdoor storage of merchandise,
plants, or other materials is not allowed.
G. Parking lots, primary entrances, and exterior walkways shall be illuminated with downward facing
security lighting to provide after-dark visibility to employees and patrons. Fixtures shall be located so
that light patterns overlap at a height of seven feet with a minimum illumination level of 1.0 footcandles
at the darkest spot on the ground surface.
H. Drive-through marijuana facilities are prohibited.
I. The proposed development shall confine all marijuana odors and other objectionable odors to levels
undetectable at the property line.
J. Marijuana or marijuana product shall not be visible from the exterior of the building or structure. (Ord.
15-07 §3) ■
CITY OF TIGARD
Respect and Care | Do the Right Thing | Get it Done
REQUIRED REGULATORY CHANGES
AND FEMA FIRM MAP UPDATES
Public Hearing
August 15, 2016Planning Commission
CITY OF TIGARD
PROPOSED AMENDMENTS:
1.Adopt updated Flood Insurance Rate Maps; and
2.TDC amendments:
Update floodplain regulations (Chapter 18.775
Sensitive Lands) relating to critical facilities and add
a severability clause; and
Change marijuana facilities (Chapter 18.735)
spacing requirements between facilities from 2,000
feet to 1,000 feet.
CITY OF TIGARD
FEMA BACKGROUND
National Flood Insurance Program (NFIP) was established
in 1968 through National Flood Insurance Act.
Program allows owners of properties with the Special
Flood Hazard Area (SFHA) to obtain federally-backed
insurance.
NFIP identifies and maps the Nation’s floodplain, known
as the Flood Insurance Rate Map (FIRM).
FIRM is used to determine local jurisdiction regulations,
whether flood insurance is required and the rate.
CITY OF TIGARD
BACKGROUND
Floodplain boundaries are not constant; to account for
this FEMA periodically amends the NFIP through updates
to the local FIRM and corresponding Flood Insurance
Study (FIS).
Local jurisdictions have 6 months to adopt the FIRM and
corresponding FIS from the Letter of Final Determination.
This is required for local jurisdiction to participate in the
NFIP.
CITY OF TIGARD
BACKGROUND
NFIP’s Community Assistance Program provides technical
assistance to ensure that the community is adequately
enforcing its floodplain regulations.
Community Assistance Visit (CAV) Narrative, September
2014 identified:
Critical Facilities regulations
Severability clause
CITY OF TIGARD
MARIJUANA BACKGROUND
November 4, 2014, Ballot Measure 91 legalized the use
and possession of recreational marijuana.
April 21, 2015, the City adopted new regulations for
handling marijuana related businesses.
HB3400A established the requirement of a LUCS,
established provisions for local taxation and recognized
marijuana as a farm crop.
Also prohibits local jurisdictions from requiring a larger
buffer than 1,000 feet between retail marijuana facilities.
CITY OF TIGARD
Purpose of Amendment
In order for Tigard to continue its participation in the
NFIP, the City must adopt the following by November 4,
2016:
1.Updated FIRM and corresponding FIS
2.Regulations as specified by CAV
3.Additional items identified in email dated 8/11/2016 from
Roxanne Pilkenton (FEMA)
In order for Tigard to be comply with state law regarding
spacing of marijuana facilities.
CITY OF TIGARD
Questions and Discussion
CITY OF TIGARD
Links
Tigard Maps
http://www.tigardmaps.com/mox6/publicinteractive.cfm
?action=mox6_view_interface&CFID=69287&CFTOKEN=9
6373799
Marijuana Storybook
http://www.tigard-
or.gov/city_hall/marijuana_facilities.php
Sensitive Lands 18.775-1 AP Update: 2/14
Chapter 18.775
SENSITIVE LANDS
Sections:
18.775.010 Purpose
18.775.020 Applicability of Uses: Permitted, Prohibited, and Nonconforming
18.775.030 Administrative Provisions
18.775.040 General Provisions for Floodplain Special Flood Hazard Areas
18.775.050 General Provisions for Wetlands
18.775.060 Expiration of Approval: Standards for Extension of Time
18.775.070 Sensitive Land Permits
18.775.080 Application Submission Requirements
18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along
the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek
18.775.100 Adjustments to Underlying Zone Standards
18.775.110 Density Transfer
18.775.120 Variances to Section 18.775.090 Standards
18.775.130 Plan Amendment Option
18.775.140 Significant Habitat Areas Map Verification Procedures
18.775.010 Purpose
A. Maintain integrity of rivers, streams, and creeks. Sensitive land regulations contained in this chapter
are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing
erosion, promoting bank stability, maintaining and enhancing water quality, and fish and wildlife
habitats, and preserving scenic quality and recreation potential.
B. Implement comprehensive plan and floodplain management program. The regulations of this chapter
are intended to implement the comprehensive plan and the city’s flood plain management program as
required by the Federal Emergency Management Agency (FEMA) through the National Flood
Insurance Program, and to help to preserve natural sensitive land areas from encroaching use, and to
maintain the November 4, 2016February 18, 2005, zero-foot rise floodway elevation.
C. Implement Clean Water Service (CWS) design and construction standards. The regulations of this
chapter are intended to protect the beneficial uses of water within the Tualatin River Basin in
accordance with the CWS “Design and Construction Standards,” as adopted February 7, 2000.
D. Implement the Metro Urban Growth Management Functional Plan. The regulations of this chapter are
intended to protect the beneficial water uses and functions and values of resources within water
quality and flood management areas and to implement the performance standards of the Metro Urban
Growth Management Functional Plan.
E. Implement Statewide Planning Goal 5 (Natural Resources). The regulations in this chapter are
intended to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe
harbor provisions of the Goal 5 administrative rule pertaining to wetland and riparian corridors.
F. Protect public health, safety, and welfare. Sensitive land areas are designated as such to protect the
public health, safety, and welfare of the community through the regulation of these sensitive land
areas.
Sensitive Lands 18.775-2 AP Update: 2/14
G. Location. Sensitive lands are lands potentially unsuitable for development because of their location
within:
1. The 100-year floodplainspecial flood hazard area or 1996 flood inundation line, whichever is
greater;
2. Natural drainageways;
3. Wetland areas which are regulated by the other agencies including the U.S. Army Corps of
Engineers and the Division of State Lands, or are designated as significant wetland on the City of
Tigard “Wetland and Stream Corridors Map”;
4. Steep slopes of 25% or greater and unstable ground; and
5. Significant fish and wildlife habitat areas designated on the City of Tigard “Significant Habitat
Areas Map.” (Ord. 06-20, Ord. 05-01)
18.775.020 Applicability of Uses—Permitted, Prohibited, and Nonconforming
A. CWS stormwater connection permit. All proposed development must obtain a stormwater connection
permit from CWS pursuant to its design and construction standards. As used in this chapter, the
meaning of the word “development” shall be as defined in the CWS “Design a nd Construction
Standards”: All human-induced changes to improved or unimproved real property, including:
1. Construction of structures requiring a building permit, if such structures are external to existing
structures;
2. Land division;
3. Drilling;
4. Site alterations resulting from surface mining or dredging;
5. Grading;
6. Construction of earthen berms;
7. Paving;
8. Excavation; or
9. Clearing when it results in the removal of trees or vegetation which would require a permit from the
local jurisdiction or an Oregon Department of Forestry tree removal permit.
10. The following activities are not included in the definition of development:
a. Farming activities when conducted in accordance with accepted farming practices as defined in ORS
30.930 and under a Senate Bill 1010 water quality management plan;
Sensitive Lands 18.775-3 AP Update: 2/14
b. Construction, reconstruction, or modification of a single-family residence on an existing lot of record
within a subdivision that was approved by the city or county after September 9, 1995 (f rom ORS
92.040(2)); and
c. Any development activity for which land use approvals have been issued pursuant to a land use
application submitted to the city or county on or before February 4, 2000, and deemed complete on or
before March 15, 2000.
B. Outright permitted uses with no permit required. Except as provided below and by subsections D, F,
and G of this section, the following uses are outright permitted uses within the 100-year
floodplainspecial flood hazard area, drainageways, slopes that are 25% or greater, and unstable
ground when the use does not involve paving. For the purposes of this chapter, the word “structure”
shall exclude: children’s play equipment, picnic tables, sand boxes, grills, basketball hoops and
similar recreational equipment.
1. Accessory uses such as lawns, gardens, or play areas; except in a water quality sensitive area or
vegetated corridor, as defined in the CWS “Design and Construction Standards” or the Statewide
Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090.
2. Farm uses conducted without locating a structure within the sensitive land area; except in a water
quality sensitive area or vegetative corridor, as defined in CWS “Design and Construction
Standards” or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as
defined in Section 18.775.090.
3. Community recreation uses, excluding structures; except in a water quality sensitive area or
vegetated corridor, as defined in the CWS “Design and Construction Standards” or the Statewide
Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090.
4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources.
5. Removal of poison oak, tansy ragwort, blackberry, English ivy, or other noxious vegetation.
6. Maintenance of floodway excluding re-channeling; except in a water quality sensitive area or
vegetated corridor, as defined in the CWS “Design and Construction Standards” or the Statewide
Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090.
7. Fences; except in the floodway area; a water quality sensitive area or vegetated corridor, as
defined in the CSW “Design and Construction Standards”; or the Statewide Goal 5 vegetated
corridor established for the Tualatin River, as defined in Section 18.775.090.
8. Accessory structures which are less than 120 square feet in size; except in the floodway area; a
water quality sensitive area or vegetated corridor, as defined in the CSW “Design and
Construction Standards”; or the Statewide Goal 5 vegetated corridor established for the Tualatin
River, as defined in Section 18.775.090.
9. Land form alterations involving up to 10 cubic yards of material; excep t in the floodway area; a
water quality sensitive area or vegetated corridor, as defined in the CSW “Design and
Construction Standards”; or the Statewide Goal 5 vegetated corridor established for the Tualatin
River, as defined in Section 18.775.090.
Sensitive Lands 18.775-4 AP Update: 2/14
C. Exemptions. When performed under the direction of the city, and in compliance with the provisions
of the City of Tigard Standards and Specifications for Riparian Area Management, on file in the
engineering division, the following shall be exempt from the provisions of this section:
1. Responses to public emergencies, including emergency repairs to public facilities;
2. Stream and wetlands restoration and enhancement programs;
3. Non-native vegetation removal;
4. Planting of native plant species; and
5. Routine maintenance or replacement of existing public facilities projects.
D. Jurisdictional wetlands. Landform alterations or developments which are only within wetland areas
that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers,
Division of State Lands, CWS, and/or other federal, state, or regional agencies, and are not designated
as significant wetlands on the City of Tigard “Wetland and Streams Corridors Map,” do not require a
sensitive lands permit. The city shall require that all necessary permits from other agencies are
obtained. All other applicable city requirements must be satisfied, including sensitive land permits for
areas within the 100-year floodplainspecial flood hazard area, slopes of 25% or greater or unstable
ground, drainageways, and wetlands which are not under state or federal jurisdiction.
E. Administrative sensitive lands review.
1. Administrative sensitive lands permits in the 100-year floodplainspecial flood hazard area,
drainageway, slopes that are 25% or greater, and unstable ground shall be obtained from the
appropriate community development division for the following:
a. The city engineer shall review the installation of public support facilities by means of a Type
I procedure, as governed by Section 18.390.030 subject to compliance with all of the
standards in this chapter;
b. The city engineer shall review minimal ground disturbance(s) or landform alterations
involving 10 to 50 cubic yards of material, except in the floodway area, for land that is within
public easements and rights-of-way by means of a Type I procedure, as governed by Section
18.390.030 subject to compliance with all of the standards in this chapter;
c. The director shall review minimal ground disturbance(s) or landform alterations involving 10
to 50 cubic yards of material, except in the floodway area by means of a Type I procedure, as
governed by Section 18.390.030 subject to compliance with all of the standards in this
chapter;
d. The director shall review the repair, reconstruction, or improvement of an existing structure
or utility, the cost of which is less than 50% of the market value of the structure prior to the
improvement or the damage requiring reconstruction provided no development occurs in the
floodway by means of a Type I procedure, as governed by Section 18.390.030 subject to
compliance with all of the standards in this chapter;
e. The building official shall review building permits for accessory structures which are 120 to
528 square feet in size, except in the floodway area; and
Sensitive Lands 18.775-5 AP Update: 2/14
f. The director shall review applications for paving on private property, except in the floodway
area by means of a Type I procedure, as governed by Section 18.390.030 subject to
compliance with all of the standards in this chapter.
2. The responsible community development division shall approve, approve with conditions, or
deny an application for a development permit, as described above, based on the standards set
forth in Sections 18.775.050, 18.775.070, and 18.775.080.
F. Sensitive lands permits issued by the director.
1. The director shall have the authority to issue a sensitive lands permit in the following areas by
means of a Type II procedure, as governed in Section 18.390.040, using approval criteria
contained in Section 18.775.070:
a. Drainageways;
b. Slopes that are 25% or greater or unstable ground; and
c. Wetland areas which are not regulated by other local, state, or federal agencies and are
designated as significant wetlands on the City of Tigard “Wetland a nd Streams Corridors
Map.”
2. Sensitive lands permits shall be required for the areas in paragraph 1 of this subsection F when
any of the following circumstances apply:
a. Ground disturbance(s) or land form alterations involving more than 50 cubic yards of
material;
b. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which
equals or exceeds 50% of the market value of the structure prior to the improvement or the
damage requiring reconstruction;
c. Residential and nonresidential structures intended for human habitation; and
d. Accessory structures which are greater than 528 square feet in size, outside floodway areas.
G. Sensitive lands permits issued by the hearings officer.
1. The hearings officer shall have the authority to issue a sensitive lands permit in the special flood
hazard area100-year floodplain by means of a Type IIIA procedure, as governed by Section
18.390.050, using approval criteria contained in Section 18.775.070.
2. Sensitive lands permits shall be required in the 100-year floodplainspecial flood hazard area when
any of the following circumstances apply:
a. Ground disturbance(s) or landform alterations in all floodway areas;
b. Ground disturbance(s) or landform alterations in floodway fringe l ocations involving more
than 50 cubic yards of material;
Sensitive Lands 18.775-6 AP Update: 2/14
c. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which
equals or exceeds 50% of the market value of the structure prior to the improvement or the
damage requiring reconstruction provided no development occurs in the floodway;
d. Structures intended for human habitation; and
e. Accessory structures which are greater than 528 square feet in size, outside of floodway
areas.
H. Other uses. Except as explicitly authorized by other provisions of this chapter, all other uses are
prohibited on sensitive land areas.
I. Nonconforming uses. A use established prior to the adoption of this title, which would be prohibited
by this chapter or which would be subject to the limitations and controls imposed by this chapter,
shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of
Chapter 18.760. (Ord. 09-13; Ord. 06-20)
18.775.030 Administrative Provisions
A. Interagency coordination. The appropriate approval authority shall review all sensitive lands permit
applications to determine that all necessary permits shall be obtained from those federal, state, or
local governmental agencies from which prior approval is also required.
As governed by CWS “Design and Construction Standards,” the necessary permits for all
“development,” as defined in Section 18.775.020.A, shall include a CWS service provider letter,
which specifies the conditions and requirements necessary, if any, for an applicant to comply with
CWS water quality protection standards and for the agency to issue a stormwater connection permit.
B. Alteration or relocation of water course.
1. The director shall notify communities adjacent to the affected area and the State Department of
Land Conservation and Development prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance Administration;
2. The director shall require that maintenance is provided within the altered or relocated portion of a
watercourse so that the flood-carrying capacity is not diminished.
C. Apply standards. The appropriate approval authority shall apply the standards set forth in Sections
18.775.040 and 18.775.070 when reviewing an application for a sensitive lands permit.
D. Elevation and floodproofing certification. The appropriate approval authority shall require that the
elevations and floodproofing certification required in subsection E of this section be provided prior to
permit issuance and verification upon occupancy and final approval.
E. Maintenance of records.
1. Where base flood elevation data is provided through the flood insurance study, the building
official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new or substantially improved structures, and whether or not the
structure contains a basement;
2. For all new or substantially improved floodproofed structures, the building official shall:
Sensitive Lands 18.775-7 AP Update: 2/14
a. Verify and record the actual elevation (in relation to mean sea level); and
b. Maintain the floodproofing certifications required in this chapter.
3. The director shall maintain for public inspection all other records pertaining to the provisions in
this chapter.
18.775.040 General Provisions for Floodplain Special Flood Hazard Areas
A. Permit review. The appropriate approval authority shall review all permit applications to determine
whether proposed building sites will minimize the potential for flood damage.
B. Special flood hazard. The areas of special flood hazard identified by the Federal Insurance
AdministrationFEMA in a scientific and engineering report entitled “The Flood Insurance Study of
the Cityfor Washington County, Oregon and Incorporated Areas of Tigard,” effective February 18,
2005 datedeffective November 4, 2016”, with accompanying fFlood Iinsurance rate maps Map
effective February 18, 2005, is hereby adopted by reference and declared to be a part of this
chapterordinance. This flood insurance study is on file at the Tigard Civic Center.
C. Base flood elevation data. When base flood elevation data has not been provided in accordance with
subsection B of this section, the director shall obtain, review and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other source, in order to administer
subsections M and N of this section.
D. Test of reasonableness. Where elevation data is not available either through the flood insurance study
or from another authoritative source, applications for building permits shall be reviewed to assure that
the potential for flood damage to the proposed construction will be minimized. The test of
reasonableness is a local judgment and includes use of historical data, high water marks, photographs
of past flooding, etc., where available. Failure to elevate at least two feet above grade in these
sensitive land areas may result in higher insurance rates.
E. Resistant to flood damage. All new construction and substantial improvements, including
manufactured homes, shall be constructed with materials and utility equipment resistant to flood
damage.
F. Minimize flood damage. All new construction and substantial improvements, including manufactured
homes, shall be constructed using methods and practices that minimize flood damage.
G. Equipment protection. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
H. Water supply systems. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwater into the system.
I. Anchoring. All new construction, all manufactured homes and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the structure.
Sensitive Lands 18.775-8 AP Update: 2/14
J. Sanitary sewerage systems. New and replacement sanitary sewerage systems shall be designed to
minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into
floodwater.
K. On-site water disposal systems. On-site water disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
L. Residential construction.
1. New construction and substantial improvement of any residential structure, including
manufactured homes, shall have the lowest floor, including the basement, elevated at least one
foot above base flood elevation;
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwater. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect, or must meet or exceed the following minimum
criteria:
a. A minimum of two openings having a total net area of not less than one square inch for ever y
square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that
they permit the automatic entry and exit of flood waters.
3. Manufactured homes shall be securely anchored to an adequately anchored permanent foundation
system. Anchoring methods may include, but are not limited to, use of over -the-top or frame ties
to ground anchors.
M. Nonresidential construction. New construction and substantial improvement of any commercial,
industrial, or other nonresidential structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation, or together with attendant utility and sanitary
facilities, shall:
1. Be floodproofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy;
3. Be certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions of this
subsection based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the building official as set forth in 18.775.030.E.2;
and
4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for
space below the lowest floor as described in paragraph L.2 of this section. Applicants flood-
proofing nonresidential buildings shall be notified that flood insurance premiums will be based on
Sensitive Lands 18.775-9 AP Update: 2/14
rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood
level will be rated as one foot below that level).
N. Subdivisions and partitions in 100-year floodplainspecial flood hazard areas. Subdivisions and
partitions in the 100-year floodplainspecial flood hazard area shall meet the following criteria:
1. The design shall minimize the potential for flood damage;
2. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and
constructed so as to minimize flood damage;
3. Adequate drainage shall be provided to reduce exposure to flood damage; and
4. For subdivisions or partitions which contain more than 50 lots or five acres and where base flood
elevation data is not available from the Federal Emergency Management Agency (FEMA) or
another authoritative source, the applicant shall generate base flood elevation data to be reviewed
as part of the application.
O. Recreational vehicles. Recreational vehicles placed on sites within Zones A1-A30, AH, and AE on
the community’s flood insurance rate map either:
1. Are on the site for fewer than 180 consecutive days;
2. Are fully licensed and ready for highway use:
a. Are on wheels or jacking system,
b. Are attached to the site only by quick disconnect type utilities and security devices, and have
no permanently attached additions, or
c. Meet the requirements of subsections E, F, I, and L of this section and the elevation and
anchoring requirements for manufactured homes. (Ord. 05-01)
P. Construction of new critical facilities shall be, to the extent possible, located outrside of the limits of
the Sspecial Fflood Hhazard Aarea (SFHA) (100-year floodplain). Construction of new critical
facilities shall be permissible within the special flood hazard areaSFHA if no feasible alternative site
is available. Critical facilities constructed within the special flood hazard areaSFHA shall have the
lowest floor elevated three feet above base flood elevationBFE or to the height of the 500-year flood,
whichever is higher. Access to and from the critical facility should also be protected to the height
utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will
not be displaced by or released into floodwaters. Access routes elevated to or above the level of the
base flood elevation shall be provided to all critical facilities to the extent possible.
Q. Severability. If any section, clause, sentence, or phrasce of the ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this Ordinance.
R. Definitions. The following definitions are only applicable to this section:
Sensitive Lands 18.775-10 AP Update: 2/14
1. DEVELOPMENT means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
2. FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community, on which
the Federal Insurance Administrator has delineated both the special hazard areas and the risk
premium zones applicable to the community. A FIRM that has been made available digitally is
called a Digital Flood Insurance Rate Map (DFIRM).
3. FLOOD INSURANCE STUDY (FIS) means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water
surface elevation of the base flood.
4. LOWEST FLOOD means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building’s lowest floor;
Provided, that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of § 60.3.
5. MANUFACTURED HOME means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term “manufactured” home does not include a
“recreational vehicle”.
6. NEW CONSTRUCTION means, for the purposes of determining insurance rates, structures for
which the “start of construction” commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, new construction means structures for which
the start of construction commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
7. RECREATIONAL VEHICLE means a vehicle which is: (a) Built on a single chassis; (b) 400
square feet or less when measured at the largest horizontal projection; (c) Designed to be self -
propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
8. START OF CONSTRUCTION includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement was within 180 days of the permit date. The actual start means
either the first placement of permanent construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or s heds not occupied as
dwelling units or not part of the main structure, whether or not that alteration affects the external
dimensions of the building.
Sensitive Lands 18.775-11 AP Update: 2/14
9. STRUCTURE means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a manufactured
home.
10. SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the
cost of restoring the structure to it’s before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.
11. VIOLATION means the failure of a structure or other development to be fully compliant with the
community’s flood plain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5),
(c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that
documentation is provided.
S. Disclaimer of Liability. This section provides a reasonable degree of flood protection but does not
imply total flood protection.
T. Greater Restriction. This section shall not in any way impair/remove the necessity of compliance with
any other applicable laws, ordinances, regulations, etc. Where this section imposes a greater
restriction, the provisions of this section shall control.
18.775.050 General Provisions for Wetlands
A. Code compliance requirements. Wetland regulations apply to those areas classified as significant on
the City of Tigard “Wetland and Streams Corridors Map,” and to a vegetated corridor ranging from
25 to 200 feet wide, measured horizontally, from the defined boundaries of the wetland, per “Table
3.1, Vegetated Corridor Widths,” and “Appendix C, Natural Resource Assessments,” of the CWS
“Design and Construction Standards.” Wetland locations may include but are not limited to those
areas identified as wetlands in “Wetland Inventory and Assessment for the City of Tigard, Oregon,”
Fishman Environmental Services, 1994.
B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on wetland maps;
specific delineation of wetland boundaries may be necessary. Wetland delineation will be done by
qualified professionals at the applicant’s expense.
18.775.060 Expiration of Approval—Standards for Extension of Time
A. Voiding of permit. Approval of a sensitive lands permit shall be void if:
1. Substantial construction of the approved plan has not begun within a one-and-one-half year
period; or
2. Construction on the site is a departure from the approved plan.
B. Granting of extension. The director shall, upon written request by the applicant and payment of the
required fee, grant an extension of the approval period not to exceed one year, provided that:
1. No changes are made on the original plan as approved by the approval authority;
2. The applicant can show intent of initiating construction of the site within the one year extension
period; and
Sensitive Lands 18.775-12 AP Update: 2/14
3. There have been no changes to the applicable comprehensive plan policies and ordinance
provisions on which the approval was based.
C. Notice of the decision. Notice of the decision shall be provided to the applicant. The director’s
decision may be appealed by the applicant as provided by 18.390.040.G and H.
18.775.070 Sensitive Land Permits
A. Permits required. An applicant, who wishes to develop within a sensitive area, as defined in Chapter
18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the
proposed activity within a sensitive area, either a Type II or Type III permit is required, as delineated
in 18.775.020.F and G. The approval criteria for various kinds of sensitive areas, e.g., special flood
hazard areafloodplain, are presented in subsections B through E of this section.
B. Within the 100-year floodplainspecial flood hazard area. The hearings officer shall approve, approve
with conditions or deny an application request within the 100-year floodplainspecial flood hazard area
based upon findings that all of the following criteria have been satisfied:
1. Compliance with all of the applicable requirements of this title;
2. Land form alterations shall preserve or enhance the special flood hazard area floodplain storage
function and maintenance of the zero-foot rise floodway shall not result in any encroachments,
including fill, new construction, substantial improvements and other development unless certified
by a registered professional engineer that the encroachment will not result in any increase in flood
levels during the base flood discharge;
3. Land form alterations or developments within the 100-year floodplainspecial flood hazard area
shall be allowed only in areas designated as commercial or industrial on the comprehensive plan
land use map, except that alterations or developments associated with community recreation uses,
utilities, or public support facilities as defined in Chapter 18.120 of the community development
code shall be allowed in areas designated residential subject to applicable zoning standards;
4. Where a land form alteration or development is permitted to occur within the special flood hazard
areafloodplain it will not result in any increase in the water surface eleva tion of the 100-year
flood;
5. The land form alteration or development plan includes a pedestrian/bicycle pathway in
accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said
pathway is deemed by the hearings officer as untimely;
6. Pedestrian/bicycle pathway projects within the special flood hazard areafloodplain shall include a
wildlife habitat assessment that shows the proposed alignment minimizes impacts to significant
wildlife habitat while balancing the community’s recreation and environmental educational goals;
7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands, and CWS permits and approvals shall be obtained; and
8. Where land form alterations and/or development are allowed within and adjacent to the special
flood hazard area100-year floodplain, the city shall require the consideration of dedication of
sufficient open land area within and adjacent to the special flood hazard areafloodplain in
Sensitive Lands 18.775-13 AP Update: 2/14
accordance with the comprehensive plan. This area shall include portions of a suitable elevation
for the construction of a pedestrian/bicycle pathway within the special flood hazard
areafloodplain in accordance with the adopted pedestrian/bicycle pathway plan.
C. With steep slopes. The appropriate approval authority shall approve, approve with conditions or deny
an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground
based upon findings that all of the following criteria have been satisfied:
1. Compliance with all of the applicable requirements of this title;
2. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
3. The proposed land form alteration or development will not result in erosion, stream
sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or
property;
4. The structures are appropriately sited and designed to ensure structural stability and proper
drainage of foundation and crawl space areas for development with any of the following soil
conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow
depth-to-bedrock; and
5. Where natural vegetation has been removed due to land form alteration or development, the areas
not covered by structures or impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.745, Landscaping and Screening.
D. Within drainageways. The appropriate approval authority shall approve, approve with conditions or
deny an application request for a sensitive lands permit within drainageways based upon findings that
all of the following criteria have been satisfied:
1. Compliance with all of the applicable requirements of this title;
2. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
3. The proposed land form alteration or development will not result in erosion, stream
sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or
property;
4. The water flow capacity of the drainageway is not decreased;
5. Where natural vegetation has been removed due to land form alteration or development, the areas
not covered by structures or impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.745, Landscaping and Screening;
6. The drainageway will be replaced by a public facility of adequate size to accommodate maximum
flow in accordance with the adopted 1981 Master Drainage Plan;
7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands, and CWS approvals shall be obtained;
Sensitive Lands 18.775-14 AP Update: 2/14
8. Where land form alterations and/or development are allowed within and adjacent to the special
flood hazard area100-year floodplain, the city shall require the consideration of dedication of
sufficient open land area within and adjacent to the special flood hazard areafloodplain in
accordance with the comprehensive plan. This area shall include portions of a suitable elevation
for the construction of a pedestrian/bicycle pathway within the special flood hazard
areafloodplain in accordance with the adopted pedestrian bicycle pathway plan.
E. Within wetlands. The director shall approve, approve with conditions or deny an application request
for a sensitive lands permit within wetlands based upon findings that all of the following criteria have
been satisfied:
1. Compliance with all of the applicable requirements of this title;
2. The proposed land form alteration or development is neither on wetland in an area designated as
significant wetland on the comprehensive plan special flood hazard areafloodplain and wetland
map nor is within the vegetative corridor established per “Table 3.1 Vegetative Corridor Widths”
and “Appendix C: Natural Resources Assessments” of the CWS “Design and Construction
Standards,” for such a wetland;
3. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than the minimum required for the use;
4. Any encroachment or change in on-site or off-site drainage which would adversely impact
wetland characteristics have been mitigated;
5. Where natural vegetation has been removed due to land form alteration or development, erosion
control provisions of the Surface Water Management program of Washington County must be
met and areas not covered by structures or impervious surfaces will be replanted in like or similar
species in accordance with Chapter 18.745, Landscaping and Screening;
6. All other sensitive lands requirements of this chapter have been met;
7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands, and CWS approvals shall be obtained;
8. The provisions of Chapter 18.790, Tree Removal, shall be met;
9. Physical limitations and natural hazards, special flood hazard areafloodplains and wetlands,
natural areas, and parks, recreation and open space policies of the comprehensive plan have been
satisfied. (Ord. 12-09 §1; Ord. 09-11)
18.775.080 Application Submission Requirements
All applications for uses and activities identified in 18.775.020.A through G shall be made on forms
provided by the director and must include the following information in graphic, tabular and/or narrative
form. The specific information on each of the following is available from the director:
A. A CWS stormwater connection permit;
B. A site plan;
Sensitive Lands 18.775-15 AP Update: 2/14
C. A grading plan;
D. An urban forestry plan per Chapter 18.790 (for 18.775.020.F and G); and
E. A landscaping plan. (Ord. 12-09 §1)
18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along
the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek
A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe
harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands, all
wetlands classified as significant on the City of Tigard “Wetlands and Streams Corridors Map” are
protected. No land form alterations or developments are allowed within or partially within a
significant wetland, except as allowed/approved pursuant to Section 18.775.130.
B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe
harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to riparian
corridors, a standard setback distance or vegetated corridor area, measured horizontally from and
parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and the
South Fork of Ash Creek.
1. The standard width for “good condition” vegetated corridors along the Tualatin River is 75 feet,
unless wider in accordance with CWS “Design and Construction Standards,” or modified in
accordance with Section 18.775.130. If all or part of a locally significant wetland (a wetland
identified as significant on the City of Tigard “Wetlands and Streams Corridors Map”) is located
within the 75-foot setback area, the vegetated corridor is measured from the upland edge of the
associated wetland.
2. The standard width for “good condition” vegetated corridors along Fanno Creek, Ball Creek, and
the South Fork of Ash Creek is 50 feet, unless wider in accordance with CWS “Design and
Construction Standards”, or modified in accordance with Section 18.775.130. If all or part of a
locally significant wetland (a wetland identified as significant on the City of Tigard “Wetlands
and Streams Corridors Map”) is located within the 50-foot setback area, the vegetated corridor is
measured from the upland edge of the associated wetland.
3. The minimum width for “marginal or degraded condition” vegetated corridors along the Tualatin
River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the standard width,
unless wider in accordance with CWS “Design and Construction Standards,” or modified in
accordance with Section 18.775.130.
4. The determination of corridor condition shall be based on the natural resource assessment
guidelines contained in the CWS “Design and Construction Standards.”
5. The standard setback distance or vegetated corridor area applies to all development proposed on
property located within or partially within the vegetated corridors, except as allowed below:
a. Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in
order to provide access to the sensitive area or across the sensitive area, as approved by the
city per Section 18.775.070 and by CWS “Design and Construction Standards”;
b. Utility/service provider infrastructure construction (i.e. storm, sanitary sewer, water, phone,
gas, cable, etc.), if approved by the city and CWS;
Sensitive Lands 18.775-16 AP Update: 2/14
c. A pedestrian or bike path, not exceeding 10 feet in width and meeting the CWS “Design and
Construction Standards”;
d. Grading for the purpose of enhancing the vegetated corridor, as approved by the city and
CWS;
e. Measures to remove or abate hazards, nuisances, or fire and life safety violations, as approved
by the regulating jurisdiction;
f. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife
habitat, as approved by the city and CWS;
g. Measures to repair, maintain, alter, remove, add to, or replace existing structures, roadways,
driveways, utilities, accessory uses, or other developments provided they are consistent with
city and CWS regulations, and do not encroach further into the vegetated corridor or sensitive
area than allowed by the CWS “Design and Construction Standards.”
6. Land form alterations or developments located within or partially within the Goal 5 safeharbor
setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek,
and the South Fork of Ash Creek that meet the jurisdictional requirements and permit criteria of
the CWS, U.S. Army Corps of Engineers, Division of State Lands, and/or other federal, state, or
regional agencies, are not subject to the provisions of this subsection B, except where the:
a. Land form alterations or developments are located within or partially within a good condition
vegetated corridor, as defined in paragraphs 1 and 2 of this subsection B;
b. Land form alterations or developments are located within or partially within the minimum
width area established for marginal or a degraded condition vegetated corridor, as defined in
paragraph 3 of this subsection B.
These exceptions reflect instances of the greater protection of riparian corridors provided by the
safe harbor provisions of the Goal 5 administrative rule.
18.775.100 Adjustments to Underlying Zone Standards
Adjustments to dimensional standards of the underlying zone district may be approved by the Planning
Director when necessary to further the purpose of this section.
A. Adjustment option. The planning director may approve up to 50% adjustment to any dimensional
standard (e.g., setback height or lot area) of the underlying zone district to allow develo pment
consistent with the purposes of this section. The purpose of the adjustment process is to reduce
adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the
potential for slope of flood hazards.
B. Adjustment criteria. A special adjustment to the standards in the underlying zoning district may be
requested under Type II procedure when development is proposed within or adjacent to the vegetated
corridor area or within or adjacent to areas designated as “strictly limit” or “moderately limit” on the
City of Tigard “Significant Habitat Areas Map.” Verification of significant habitat boundaries shall
be done in accordance with the procedures described in Section 18.775.140. In order for the director
Sensitive Lands 18.775-17 AP Update: 2/14
to approve a dimensional adjustment to standards in the underlying zoning district, the applicant shall
demonstrate that all the following criteria are fully satisfied:
1. The adjustment is the minimum necessary to allow a permitted use, while at the same time
minimizing disturbance to a water resource, riparian setback area or water quality buffer;
2. Explicit consideration has been given to maximizing vegetative cover, minimizing excavation and
minimizing impervious surface area on buildable land;
3. Design options have been considered to reduce the impacts of development, including but not
limited to multi-story construction, siting of the residence close to the street to reduce driveway
distance, maximizing the use of native landscaping materials, minimizing parking areas ,
minimizing hydrologic impacts and garage space;
4. In no case shall the impervious surface area as a single-family residence (including the building
footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed
3,000 square feet of a vegetated corridor area;
5. Assurances are in place to guarantee that future development will not encroach further on land
under the same ownership within the vegetated corridor area;
6. Protected vegetated corridor, significant habitat areas and adjacent buffer areas must be:
a. Placed in a non-buildable tract or protected with a restrictive easement;
b. Restoration and enhancement of habitat and buffer areas required, including monitoring for
five years.
C. Reduction to minimum density requirements for developments that include inventoried significant
habitat areas. The minimum number of units required by Section 18.510.040 (Density Calculation)
may be waived if necessary to ensure that impacts on habitat areas are minimized.
1. Approval criteria. Reduction requests will be approved if the review body finds that the applicant
has shown that the following criteria are met:
a. An area of the property lot or parcel to be developed has been identified on the “Significant
Habitat Areas Map.” Verification of significant habitat boundaries shall be done in
accordance with the procedures described in Section 18.775.140.
b. The proposal will be consistent with the character of the neighboring area.
c. This provision may only be applied to properties that were inside the Metro Urban Growth
Boundary (UGB) on January 1, 2002.
d. The proposal will directly result in the protection of significant habitat areas through
placement in a non-buildable tract or protected with a restrictive easement.
2. Procedure.
Sensitive Lands 18.775-18 AP Update: 2/14
a. The amount of reduction in the minimum density shall be calculated by subtracting the
number of square feet of inventoried significant habitat that is permanently protected from the
total number of square feet used to calculate the minimum density requirement.
b. Requests for a reduction are processed as Type II procedure along with the development
proposal for which the application has been filed.
The planning director may impose any reasonable condition necessary to mitigate identified impacts
resulting from development on otherwise unbuildable land. (Ord. 06-20)
18.775.110 Density Transfer
Density may be transferred from vegetated corridor areas as provided in Sections 18.715.020 through
18.715.030.
18.775.120 Variances to Section 18.775.090 Standards
Variances to the use provisions of Section 18.775.090 are not permitted. Variances from measurable
(dimensional) provisions of this section shall be discouraged and may be considered only as a last resort.
A. Type II variance option. The hearings officer shall hear and decide variances from dimensional
provisions of this chapter under Type III procedure, in accordance with the criteria in Chapter 18.370
of the zoning ordinance.
B. Additional criteria. In addition to the general variance criteria described in Chapter 18.370, all the
following additional criteria must be met to grant a variance to any dimensional provision of this
chapter:
1. The variance is necessary to allow reasonable economic use of the subject parcel of land, which is
owned by the applicant, and which was not created after the effective date of this chapter;
2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable
site for a use that is permitted outright in the underlying zoning district, and for which the
applicant has submitted a formal application;
3. The applicant has exhausted all options available under this chapter to relieve the hardship;
4. Based on review of all required studies identical to those described in Section 3.02.5.c Tier 2
Alternatives Analysis of the CWS “Design and Construction Standards,” the variance is the
minimum necessary to afford relief, considering the potential for increased flood and erosion
hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water
quality;
5. Based on review of all required studies identical to those described in Section 3.02.5 of the CWS
“Design and Construction Standards,” no significant adverse impacts on water quality, erosion or
slope stability will result from approval of this hardship variance, or these impacts have been
mitigated to the greatest extent possible;
6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on -site,
on a square foot for square foot basis, by native vegetation.
Sensitive Lands 18.775-19 AP Update: 2/14
18.775.130 Plan Amendment Option
Any owner of property affected by the Goal 5 safeharbor (1) protection of significant wetlands and/or (2)
vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash
Creek may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This
amendment must be based on a specific development proposal. The effect of the amendment would be to
remove Goal 5 protection from the property, but not to remove the requirements related to the CWS
Stormwater Connection Permit, which must be addressed separately through an alternatives analysis, as
described in Section 3.02.5 of the CWS “Design and Construction Standards.” The applicant shall
demonstrate that such an amendment is justified by either of the following:
A. ESEE analysis. The applicant may prepare an environmental, social, economic and energy (ESEE)
consequences analysis prepared in accordance with OAR 660-23-040.
1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use,
considering both the impacts on the specific resource site and the comparison with other
comparable sites within the Tigard Planning Area;
2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the
adverse economic consequences of not allowing the conflicting use are sufficient to justify the
loss, or partial loss, of the resource;
3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land,
consistent with the provisions of this chapter, and that there are no other sites within the Tigard
Planning Area that can meet the specific needs of the proposed use;
4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands
ecologist and a land use planner or land use attorney, all of whom are qualified in their respective
fields and experienced in the preparation of Goal 5 ESEE analysis;
5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the
Tigard Comprehensive Plan, and the “Tigard Wetland and Stream Corridor Map” shall be
amended to remove the site from the inventory.
B. Determination of “insignificance.” In this case, the applicant must demonstrate that the sensitive area
site(s) no longer meet(s) the applicable significance threshold defined by the Goal 5 administrative
rule, relative to other comparable resources within the Tigard Planning Area.
1. Significance thresholds are described and applied in the addendum to the City of Tigard Local
Wetlands Inventory adopted by reference as part of this chapter.
2. In considering this claim, the city council shall determine that the decline in identified resource
values did not result from a violation of this chapter or any other provision of the Tigard
Community Development Code.
18.775.140 Significant Habitat Areas Map Verification Procedures
The significant habitat areas map shall be the basis for determining th e general location of significant
habitat areas on or adjacent to the site.
Sensitive Lands 18.775-20 AP Update: 2/14
A. Applicants who concur that the significant habitat areas map is accurate shall submit the following
information to serve as the basis for verifying the boundaries of inventoried habitat areas:
1. Submission requirements.
a. A detailed property description;
b. A scale map of the property showing the locations of significant habitat areas, any existing
built area, wetlands or water bodies, Clean Water Services’ vegetated corrid or, the special
flood hazard area100-year floodplain, the 1996 flood inundation line, and contour lines (two-
foot intervals for slope less than 15% and 10-foot intervals for slopes 15% or greater); and
c. A current aerial photograph of the property.
2. Decision process. The planning director’s decision shall be based on consideration of submitted
information, site visit information, and other factual information. Should the applicant disagree
with the planning director’s determination on the location of significant habitat areas on the
property, the precise boundaries shall be verified by the applicant in accordance with the detailed
delineation methodology outlined in subsection B of this section.
B. Applicants who believe that the map is inaccurate shall submit a detailed delineation conducted by a
qualified professional in accordance with the following methodology to verify the precise boundaries
of the inventoried habitat areas by means of a Type II procedure.
1. Verifying boundaries of inventoried riparian habitat. Locating habitat and determining its riparian
habitat class is a four-step process:
a. Locate the water feature that is the basis for identifying riparian habitat.
i. Locate the top of bank of all streams, rivers, and open water within 200 feet of the
property.
ii. Locate the special flood hazard area 100-year floodplain or 1996 flood inundation line,
whichever is greater, within 100 feet of the property.
iii. Locate all wetlands within 150 feet of the property. Identified wetlands on the property
shall be further delineated consistent with methods currently accepted by the Oregon
Division of State Lands and the U.S. Army Corps of Engineers.
b. Identify the vegetative cover status of all areas on the property that are within 200 feet of the
top of bank of streams, rivers, and open water, are wetlands or are within 150 feet of
wetlands, and are flood areas and within 100 feet of flood areas.
i. Vegetative cover status shall be as identified on the metro vegetative cover map.
ii. The vegetative cover status of a property may be adjusted only if (a) the property was
developed prior to the time the regional program was approved; or (b) an error was made
at the time the vegetative cover status was determined. To assert the latter type of error,
applicants shall submit an analysis of the vegetative cover on their property using
summer 2002 aerial photographs and the following definition of vegetative cover types in
Table 18.775.1.
Sensitive Lands 18.775-21 AP Update: 2/14
Table 18.775.1
Definitions of Vegetative Cover Types
Type Definition
Low structure vegetation
or open soils
Areas that are part of a contiguous area one acre or larger of grass, meadow,
croplands, or areas of open soils located within 300 feet of a surface stream
(low structure vegetation areas may include areas of shrub vegetation less
than one acre in size if they are contiguous with areas of grass, meadow,
croplands, orchards, Christmas tree farms, holly farms, or areas of open
soils located within 300 feet of a surface stream and together form an area
of one acre in size or larger).
Woody vegetation Areas that are part of a contiguous area one acre or larger of shrub or open
or scattered forest canopy (less than 60% crown closure) located within 300
feet of a surface stream.
Forest canopy Areas that are part of a contiguous grove of trees one acre or larger in area
with approximately 60% or greater crown closure, irrespective of whether
the entire grove is within 200 feet of the relevant water feature.
c. Determine whether the degree that the land slope upward from all streams, rivers, and open
water within 200 feet of the property is greater than or less than 25% (using the vegetated
corridor measurement methodology as described in Clean Water Services Design and
Construction Standards); and
d. Identify the riparian habitat classes applicable to all areas on the property using Table
18.775.2 and Table 18.775.3.
Table 18.775.2
Method for Locating Boundaries of Class I and II Riparian Areas
Distance in
feet from
water
feature
Development/Vegetation Status1
Developed areas not
providing vegetative
cover
Low structure vegetation
or open soils
Woody vegetation
(shrub and scattered
forest canopy)
Forest canopy (closed
to open forest canopy)
Surface streams
0-50 Class II Class I Class I Class I
50-100 Class II2 Class I Class I
100-150 Class II2 if slope > 25% Class II2 if slope > 25% Class II2
150-200 Class II2 if slope > 25% Class II2 if slope > 25% Class II2 if slope > 25%
Wetlands (Wetland feature itself is a Class I Riparian Area)
0-100 Class II2 Class I Class I
100-150 Class II2
Flood Areas (Undeveloped portion of flood area is a Class I Riparian Area)
0-100 Class II2 Class II2
1 The vegetative cover type assigned to any particular area was based on two factors: the type of vegetation observed in aerial
photographs and the size of the overall contiguous area of vegetative cover to which a particular piece of vegetation
belonged. As an example of how the categories were assigned, in order to qualify as a “forest canopy” the forested area had
to be part of a larger patch of forest land at least one acre in size.
2 Areas that have been identified as habitats of concern, as designated on the Metro Habitats of Concern Map (on file in the
Metro Council office), shall be treated as Class I riparian habitat areas in all cases, subject to the provision of additional
information that establishes that they do not meet the criteria used to identity habitats of concern as described in Metro’s
Sensitive Lands 18.775-22 AP Update: 2/14
Technical Report for Fish and Wildlife. Examples of habitats of co ncern include: Oregon white oak woodlands, bottomland
hardwood forests, wetlands, native grasslands, riverine islands or deltas, and important wildlife migration corridors.
Table 18.775.3
Tualatin Basin “Limit” Decision
Conflicting Use Category
Resource Category
High Intensity
Urban Other Urban
Future Urban
(2002 and 2004
additions)
Non-Urban
(outside UGB)
Class I & II Riparian Inside
Vegetated Corridor
Moderately Limit Strictly Limit Strictly Limit N/A
Class I & II Riparian
Outside Vegetated Corridor
Moderately Limit Moderately Limit Moderately Limit Moderately Limit
All other Resource Areas Lightly Limit Lightly Limit Lightly Limit Lightly Limit
Inner Impact Area Lightly Limit Lightly Limit Lightly Limit Lightly Limit
Outer Impact Area Lightly Limit Lightly Limit Lightly Limit Lightly Limit
* Vegetated corridor standards are applied consistently throughout the District; in HIU areas they supersede the “limit”
decision.
2. Verifying boundaries of inventoried upland habitat was identified based on the existence of
contiguous patches of forest canopy, with limited canopy openings. The “forest canopy”
designation is made based on analysis of aerial photographs as part of determining the vegetative
cover status of land within the region. Upland habitat shall be as identified on the Significant
Habitat Areas Map unless corrected as provided in this subsection.
a. Except as provided below, vegetative cover status shall be as identified on the Metro
Vegetative Cover Map used to inventory habitat (avail able from the Metro Data Resource
Center, 600 N.E. Grand Ave., Portland, OR 97232).
b. The only allowed corrections to the vegetative cover status of a property area as follows:
i. To correct errors made when the vegetative status of an area was determined based on
analysis of the aerial photographs used to inventory the habitat. The perimeter of an area
delineated as “forest canopy” on the Metro Vegetative Cover Map may be adjusted to
more precisely indicate the dripline of the trees within the canopied area provided that no
areas providing greater than 60% canopy crown closure are de-classified from the “forest
canopy” designation. To assert such errors, applicants shall submit an analysis of the
vegetative habitat cover on their property using the aerial photographs that were used to
inventory the habitat and the definitions of the different vegetative cover types provided
in Table 18.775.1; and
ii. To remove tree orchards and Christmas tree farms from inventoried habitat; provided,
however, that Christmas tree farms where the trees were planted prior to 1975 and have
not been harvested for sale as Christmas trees shall not be removed from the habitat
inventory.
c. If the vegetative cover status of any area identified as upland habitat is corrected purs uant to
subparagraph A.2.b.i of this section to change the status of an area originally identified as
“forest canopy,” then such area shall not be considered upland habitat unless it remains part
of a forest canopy opening less than one acre in area completely surrounded by an area of
contiguous forest canopy. (Ord. 06-20)
Sensitive Lands 18.775-23 AP Update: 2/14