18.56.100 Wetland mitigation, creation, enhancement and restoration within approach surfaces and airport direct and secondary impact boundaries.
(1) Notwithstanding the requirements of NBCC 18.56.090, wetland mitigation, creation, enhancement or restoration projects located within areas regulated under NBCC 18.56.090 shall be allowed upon demonstration of compliance with the requirements of this section.
(2) Wetland mitigation, creation, enhancement or restoration projects existing or approved on the effective date of the ordinance codified in this chapter and located within areas regulated under NBCC 18.56.090 are recognized as lawfully existing uses.
(3) To help avoid increasing safety hazards to air navigation near public use airports, the establishment of wetland mitigation banks in the vicinity of such airports but outside approach surfaces and areas regulated under NBCC 18.56.090 is encouraged.
(4) Applications to expand wetland mitigation projects in existence as of the effective date of the ordinance codified in this chapter, and new wetland mitigation projects, that are proposed within areas regulated under NBCC 18.56.090 shall be considered utilizing the review process applied to applications for conditional use permits and shall be permitted upon demonstration that:
(a) It is not practicable to provide off-site mitigation; or
(b) The affected wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water discharge, and the area proposed for mitigation is located outside an approach surface.
(5) Wetland mitigation permitted under subsection (4) of this section shall be designed and located to avoid creating a wildlife hazard or increasing hazardous movements of birds across runways or approach surfaces.
(6) Applications to create, enhance or restore wetlands that are proposed to be located within approach surfaces or within areas regulated under NBCC 18.56.090, and that would result in the creation of a new water impoundment or the expansion of an existing water impoundment, shall be considered utilizing the review process applied to applications for conditional use permits and shall be permitted upon demonstration that:
(a) The affected wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water discharge; and
(b) The wetland creation, enhancement or restoration is designed and will be maintained in perpetuity in a manner that will not increase in hazardous movements of birds feeding, watering or roosting in areas across runways or approach surfaces.
(7) Proposals for new or expanded wetland mitigation, creation, enhancement or restoration projects regulated under this section shall be coordinated with the airport sponsor, the Department of Aviation, the FAA and FAA’s technical representative, the Oregon Department of Fish and Wildlife (ODFW), the Oregon Division of State Lands (DSL), the U.S. Fish and Wildlife Service (USFWS), and the U.S. Army Corps of Engineers (Corps) as part of the permit application.
(8) A decision approving an application under this section shall require, as conditions of approval, measures and conditions deemed appropriate and necessary to prevent in perpetuity an increase in hazardous bird movements across runways and approach surfaces. (Ord. 1952 § 1(4), 2006)