18.92.090 Wetland notification procedures.
(1) The city shall provide notice to the Division of State Lands, the applicant and the owner of record within five working days of the acceptance of any complete application for any of the following activities that are wholly or partially within areas identified as wetlands on the State-Wide Wetlands Inventory:
(a) Subdivisions;
(b) Building permits for new structures;
(c) Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or developments in floodplains and floodways;
(d) Conditional use permits and variances that involve physical alterations to the land or construction of new structures;
(e) Planned unit development approvals.
The notification provisions set forth in this section do not apply if a permit from the Division of State Lands has been issued for the proposed activity.
(2) The city may approve an activity described in this section only when a notice statement has been received from the Division of State Lands indicating one of the following:
(a) Issuance of a required permit under ORS 196.600 to 196.905 by the Division of State Lands prior to any physical alteration within the wetlands;
(b) Notice from the Division of State Lands that no permit is required;
(c) Notice from the Division of State Lands that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.
If the Division of State Lands fails to respond to any notice provided within 30 days of notice, the city approval may be issued with written notice to the applicant and owner of record that the proposed action may require state or federal permits.
The city may issue local approval for parcels identified as or including wetlands on the State-Wide Wetlands Inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the Division of State Lands with a copy of the notification.
Notice of activities authorized within an approved wetland conservation plan shall be provided to the Division within five days following local approval.
Failure of the city to provide notice as required by this section will not invalidate city approval. (Ord. 1952 § 1(4), 2006)