Or. Admin. Code § 141-089-0805

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-089-0805 - Wetland Ecosystem Restoration - Eligibility Requirements

(1) Project Purpose. The project purpose is to improve the existing condition of a site to repair (rehabilitate) or return (re-establish) natural or historical functions to a disturbed or former wetland. The project may not be for the purpose of altering a site to produce conditions that did not previously exist in order to augment specific functions.

(2) Compatible with Management Plans. The project must not be detrimental to existing functions and values that address problems identified in a watershed management plan or water quality management plan.

(3) Evidence Required. Current site conditions must exhibit alterations in topography, soils, native vegetation or hydrology that have resulted in wetland loss or wetland disturbance that is potentially reversible.

(4) Conversion. The project will not result in conversion of wetlands to uplands and will not include the conversion of existing, functional wetland ecosystems to another aquatic use.

(5) Minimal Adverse Impacts. The project will not cause more than minimal adverse impacts to undisturbed wetland communities on-site or adjacent to the site.

(6) Non-native Species The project will not involve the introduction of non-native plants other than for temporary soil stabilization. Native seed mixes are preferred. When native seed mix is not available, non-native seed mix that will hold the soil and not persist may be used if certified free of noxious weeds.

(7) Hydrology. Hydrologic manipulation must result in the hydrology of the restored site approximating the conditions that existed before the disturbance or alteration, to the extent practicable. Hydrology conditions include timing of inflow and outflow, duration, frequency and hydroperiod.

(8) Consistent with Wetland Conservation Plan. If the project is in an area for which there is a Department-approved Wetland Conservation Plan, the activities must be in conformance with that plan.

(9) Compensatory Mitigation. Projects cannot be for the purpose of constructing compensatory wetland mitigation.

Or. Admin. Code § 141-089-0805

DSL 2-2011, f. & cert. ef. 3-1-11; DSL 30-2018, minor correction filed 01/03/2018, effective 1/3/2018; DSL 2-2024, amend filed 05/31/2024, effective 7/1/2024

Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990

Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990