Board adopts significant natural resources ordinances

Two ordinances updating the Significant Natural Resources (SNR) regulations and inventory maps were unanimously adopted by the Washington County Board of Commissioners at its Nov. 5 Board meeting. The adoption followed three public hearings before the Board and three public hearings before the County Planning Commission.

A-Engrossed Ordinance No. 901 amends the Comprehensive Framework Plan (CFP) for the Urban Area and all Community Plans’ policies and maps related to SNRs. A-Engrossed Ordinance No. 902 amends the County’s Community Development Code related to SNRs in the urban unincorporated area. These amendments implement the County’s updated Significant Natural Resource program developed through the SNR: A Focused Look at Fish and Wildlife Habitat project.

A-Engrossed Ordinance No. 901:

• Identifies strategies to limit uses that could conflict with natural resources while balancing the need for housing.
• Removes subjective Community Plan design elements that are unenforceable.
• Adds a summary of the 2024 Goal 5 update process to the CFP and Community Plans.
• Updates Community Plan SNR maps to reflect an updated inventory and the revised SNR categories: Riparian Wildlife Habitat and Upland Wildlife Habitat.

A-Engrossed Ordinance No. 902:

• Establishes clear and objective standards and requirements for development in the urban unincorporated area that might affect Riparian and Upland Wildlife Habitat.
• Adds regulations for Upland Wildlife Habitat that focus on tree retention and replacement and offers options that provide flexibility.
• Identifies exemptions from the standards for certain trees and developments.
• Establishes a simple tree removal permit requirement for certain development in Significant Habitat areas.
• Provides a higher level of protection for Upland Wildlife Habitat in new Urban Growth Boundary (UGB) expansion areas, as required by Metro.

In 2023, the state Land Conservation and Development Commission (LCDC) determined that the County was out of compliance with Statewide Planning Goal 5 since some of the County’s regulations were not clear and objective and could not be enforced. As a result, LCDC issued an enforcement order directing the County to amend its natural resource regulations. The order also included a stay on new land division and development applications for residential projects within the UGB that would impact areas mapped as Wildlife Habitat by the County.

The stay will expire Dec. 5, 2024, – the date the new ordinances go into effect. Visit Significant Natural Resources to learn more.

Resources:

• Ordinances 901-902 Staff Report 09-2024
• Draft Goal 5 Report: Metro Urban Growth Management Functional Plan Title 13 Compliance and Economic, Social, Environmental and Energy Analysis. (Executive Summary)
• A Focused Look Draft Habitat Inventory Report (Executive Summary)