OAR 141-120-0160. Designation Criteria for the Development Category

(1) A local government may designate isolated wetlands one acre or less in area into the Development Category if: (a) The local government determines that there is no less damaging practicable alternative within the WCP area with the same zoning; and (b) The function and value assessment indicates that the wetland: (A) Provides no functions or values and has little enhancement potential; or (B) Provides or has potential to provide only functions or values that are not listed as WCP Goals; or (C) The local government demonstrates with findings of fact and supporting reasons that the wetland can reasonably be expected to be adversely impacted by committed infrastructure; and (2) A local government may designate wetlands or portions of wetlands notwithstanding the wetland’s size or connectivity into the Development Category if: (a) The local government determines that there is no less damaging practicable alternative with the same comprehensive plan land use designation within the WCP area; and (b) The functions and values assessment for the wetland indicates that the wetland: (A) Provides no function and has little enhancement potential; or (B) Provides or has potential to provide only functions or values that are not listed as WCP Goals and has little enhancement potential. (3) A local government may designate wetlands or portions of wetlands notwithstanding the wetland’s size or connectivity into the Development Category if: (a) The functions and values assessment for the wetland indicates that the wetland provides or has potential to provide a function or value that is listed as a WCP Goal or has enhancement potential; and (b) The local government: (A) Determines that there is no less damaging practicable alternative with the same comprehensive plan land use designation within the UGB, the Urban Service area or the Rural Service area; and (B) Provides an explanation, in the form of a finding of fact with supporting reasons, as to why the comprehensive plan’s land use designation cannot be changed to avoid impacting the wetland. (4) For the purposes of OAR 141-120-0160, the term “less damaging practicable alternative” means “less environmentally damaging practicable alternative.”