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Benton County Riparian and Wetlands Project – Policy

Policy Background

A goal for the Benton County Riparian and Wetlands project was to develop a "hearings ready ordinance" for riparian and wetland resources in Benton County, to meet Benton County Comprehensive Plan goals, Oregon Statewide Planning goals, and the Willamette Basin Total Maximum Daily Load requirements (see State and Local Riparian and Wetland Related Policy below).

Project staff were provided diverse information by the Benton County Riparian and Wetlands Advisory Group (RWAG), along with extensive input from county landowners regarding the development of flexible code that meets state requirements.

The goal is to develop flexible code requirements that emphasize individual property owner rights and the need for protection of riparian and wetland resources and impacts. In other words, 'striking the balance' between voluntary and required protection of inventoried resources for the vital functions they provide (see Research page for information on important riparian and wetland functions).

The public review process began with Benton County Planning Commission review in July 2011 with the eventual review and adoption of final draft code by the Board of County Commissioners.

Policy Development

Benton County Stream and Riparian Corridor Protection Overlay Zone (current draft)

The goal is to develop flexible code requirements that emphasize individual property owner rights and the need for protection of riparian and wetland resources and impacts. In other words, 'striking the balance' between voluntary and required protection of inventoried resources for the vital functions they provide (see Research for information on important riparian and wetland functions)

The development of draft riparian and wetlands code has been ongoing during the project period, as shown in the table below. The draft code related documents are provided below for download/review. Please scroll to the bottom of the table for most current draft code.

Past Draft Code Related Documents	Overview of Information
Riparian and Wetland Code Goals Benton County Board of Commissioners Meeting Packet	Benton County Comprehensive Plan goals that inform the development of riparian and wetland protection; Board of Commissioners meeting packet documents the approval of the Riparian and Wetlands Project approach, including developing draft code.
Riparian and Wetlands Protection Concepts	These Protection Concepts were developed for the first version of the Benton County Riparian and Wetlands Project Inventory Report, to identify resources that were identified as areas where protection could improve water quality and natural resources.
Benton County Stream and Riparian Protection (SRP) Overlay Zone (ver. 1, 3/6/11)	Draft Code developed by project staff, reviewed by Riparian and Wetland Advisory Group; provided as an outline for developing more detailed code.
Oregon Department of Environmental Quality Review Memo for SRP Overlay Zone ver. 1 Memo Addendum #1 Memo Addendum #2	The Oregon Department of Environmental Quality, Willamette Basin Total Maximum Daily Load Coordinator and associated staff provided formal review of the draft code; This letter conveys the Departments comments on the draft Benton County Stream and Riparian Corridor Protection (SRP) Overlay Zone; "draft overlay zone represents substantial progress in a complex and challenging undertaking to implement two key management strategies developed to address the heating of and bacteria loading to the Willamette River. As you know, the County's effort to establish a riparian overlay zone is designed to meet the pollutant load allocations for both temperature and bacteria, and these load allocations were established in the Willamette Basin Total Maximum Daily Load (TMDL) in response to requirements in the Federal Clean Water Act."
Benton County Stream and Riparian Corridor Protection Overlay Zone (4/22/11)	Updates and additional details were added to the draft code including: Updated definitions, multiple processes for landowners for determining process for developing riparian and wetland protection.
Current Version of Benton County Stream and Riparian Corridor Protection Overlay Zone (6/24/11)	Updates included additional flexibility for landowners, a description of desired conditions of riparian areas, and other areas as noted. Alsea and Corvallis Community Meetings, Willamette Realtors Board Meeting, and other public comments with input from the Riparian and Wetlands Advisory Group provided input for updating the draft code.
Current Version of Benton County Stream and Riparian Corridor Protection Overlay Zone (7/5/11)	Updates are underlined and based on public comments with input from the Riparian and Wetlands Advisory Group.
Current Version of Benton County Stream and Riparian Corridor Protection Overlay Zone (8/26/11)	Updated version based on public comments from July 19th community meeting and other citizen input.

Draft Stream and Riparian Protection Code Scenarios

The following are common scenarios for protection of stream and riparian resources. The following scenarios outline how Benton County Stream and Riparian Protection (SRP) Overlay Zone code amendments would be applied. These scenarios were developed from Local Landowner input several community meetings (14 total meetings as of 5/9/11). Use these scenarios to understand the current version of Benton County Stream and Riparian Protection Overlay Zone (version 2).

These will be updated over time to provide visual understanding on the draft code updates.

DRAFT Benton County Stream and Riparian Protection Code Scenarios

If you have questions or comments, please contact adam.stebbins@co.benton.or.us; 541-766-6085

State and Local Riparian and Wetland Related Policies and Policy Research

State Riparian and Wetland Related Policies
Land Conservation and Development Department Division 23 Procedures and Requirements for Complying with Goal 5

Department of State Lands Division 141-085 Administrative Rules Governing the Issuance and Enforcement of Removal-Fill Authorization within Waters of Oregon Including Wetlands

State Water Quality Related Policies
Willamette Basin Total Maximum Daily Load (TMDL) – TMDL implementation involves actions to be taken across agricultural, forest, urban, and rural residential land uses to reduce pollutants and improve water quality. This web site is intended to provide information to help Designated Management Agencies (DMAs) which includes Benton County, implement TMDLs for nonpoint source pollution. Benton County is required to protect riparian areas to provide 'reasonable assurance' with the Willamette Basin TMDL implementation plan.

See adopted report appendices describing Benton County requirement to inventory and adopt protection program for riparian areas for meeting bacteria, mercury, and temperature TMDL for the the Willamette Basin.

Existing State and Local Regulations Related to Riparian Areas and Water Quality

Riparian areas can improve property values, stabilize eroding banks, enhance fish and many other wildlife habitat, improve water quality by filtering runoff/contaminants, and can protect against flood damage of property.

Wetland areas can improve property values, increases water quality, store flood water, provide fish and wildlife habitat – many rare species rely on remaining wetlands for survival.