Oregon § 215.418 Approval of development on wetlands; notice

Oregon Statutes

§ 215.418 — Approval of development on wetlands; notice

Oregon § 215.418

Vol.6

Title 20Counties and County Officers

Ch. 215County Land Use Planning; Resource Lands

This text of Oregon § 215.418 (Approval of development on wetlands; notice) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 215.418 (2026).

Text

(1)After the Department of State Lands has provided the county with a copy of the applicable portions of the Statewide Wetlands Inventory, the county shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following that are wholly or partially within areas identified as wetlands on the Statewide 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 development in floodplains and floodways;

(d)Conditional use permits and variances that involve physical alterations to the land or construction of

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(1) After the Department of State Lands has provided the county with a copy of the applicable portions of the Statewide Wetlands Inventory, the county shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following that are wholly or partially within areas identified as wetlands on the Statewide 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 development in floodplains and floodways;
(d) Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and
(e) Planned unit development approvals.
(2) The provisions of subsection (1) of this section do not apply if a permit from the department has been issued for the proposed activity.
(3) Approval of any activity described in subsection (1) of this section shall include one of the following notice statements:
(a) Issuance of a permit under ORS 196.665 and 196.800 to 196.900 by the department required for the project before any physical alteration takes place within the wetlands;
(b) Notice from the department that no permit is required; or
(c) Notice from the department that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.
(4) If the department fails to respond to any notice provided under subsection (1) of this section within 30 days of notice, the county approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits.
(5) The county may issue local approval for parcels identified as or including wetlands on the Statewide 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 department with a copy of the notification of
comprehensive plan map or zoning map amendments for specific properties.
(6) Notice of activities authorized within an approved wetland conservation plan shall be provided to the department within five days following local approval.
(7) Failure by the county to provide notice as required in this section will not invalidate county approval. [1989 c.837 §29; 1991 c.763 §24]
(Temporary provisions relating to wetlands in Tillamook County)