Washington County
Oregon
Español

Significant Natural Resources

The County regulates new development to minimize impacts to Significant Natural Resources through our Community Development Code. Based on a 2020 Program Review and Assessment and legal challenges, we are developing updates to those regulations.
Community Planning coordinates with local and state planning efforts and incorporate public and community-based organization involvement. We maintain the County’s Comprehensive Plan and update the Community Development Code and Community Plans.
Significant Natural Resources Icon

About Significant Natural Resources

Significant Natural Resources provide benefits to our community. These resources include:

  • Land along waterways
  • Water areas
  • Wetlands
  • Fish and wildlife habitats
  • Other areas significant because of their unique features

These areas are mapped in Community Plans for the urban area and in the Rural/Natural Resource Plan for the rural area. Regulation of development in areas with Significant Natural Resources in both the urban and rural areas is governed by Community Development Code Section 422.

Legal challenges to County regulations

Since 2018, the County’s regulations have been under legal scrutiny. Our regulations have been challenged with the Land Use Board of Appeals (LUBA), who have directed further work for the County. Most recently, a petition was filed with the Land Conservation and Development Commission (LCDC) charging that since some of our regulations were not clear and objective, that we were out of compliance with statewide Planning Goal 5. The petition requested an enforcement order to direct us to change our regulations and a stay on development within wildlife habitat areas. The petition requested that a stay be placed on certain development within Wildlife Habitat areas until new standards were adopted.

LCDC agreed that the County was out of compliance with Goal 5 and issued an enforcement order directing the us to amend our natural resource regulations by Oct. 1, 2024. This order also included a stay on certain development. Effective May 4, 2023, we cannot approve new land division and development applications for residential projects that would impact areas mapped as Wildlife Habitat. The stay will not impact non-residential projects. The stay only applies to areas within the Urban Growth Boundary (UGB). See FAQs.

The new regulations are now expected to be adopted in November. DLCD recognizes that while the process is well underway, it is taking longer than expected. We are continuing to review and respond to feedback from property owners, developers and other constituents before finalizing draft regulations for Board approval. The stay on development in the Upland Wildlife Habitat areas remains in effect until the new regulations are adopted.

SNR: A Focused Look at Fish and Wildlife Habitat

Based on the County’s 2020 Program Review and Assessment and direction from LUBA, in 2022 the County began a limited Goal 5 program update. The SNR: A Focused Look at Fish and Wildlife Habitat will update our natural resources inventory and refine our regulations, ensuring we follow all the required procedures and develop clear and objective requirements.

The SNR: A Focused Look at Fish and Wildlife Habitat project builds on the work of this assessment and addresses the remand of A- Engrossed Ordinance No. 869 and the LCDC Enforcement Order.

Sign up to receive updates on the SNR: A Focused Look at Fish and Wildlife Habitat project.

Significant Natural Resources Program Review and Assessment

All this work is based on a foundation developed as part of the SNR Program Review and Assessment. We did this assessment in response to community members' concerns regarding how our development review process protected Significant Natural Resources.

The assessment includes:

  • Review of state regulations and LUBA decisions about significant natural resources
  • Historical review of our Goal 5 natural resource inventory, program and regulations
  • Review of land use decisions involving significant natural resources
  • Review of our tree removal and permit requirements
  • Public engagement including Community Participation Organizations (CPOs), developers and others
  • Results from a five-week open house including key findings, a timeline and survey
  • Options and recommendations for changes to the County natural resource requirements. These are the result of analysis and community response

Resources:

FAQs

Statewide Planning Goal 5 (Natural Resources, Scenic and Historic Areas, and Open Spaces) is a broad statewide planning goal covering a number of resources, including significant fish and wildlife habitats. It requires local governments to identify and apply appropriate protections to Significant Natural Resource (SNR) areas. We inventoried our SNR areas in the early 1980s. Our Community Development Code Section 422 includes regulations that protect, preserve or mitigate impacts to these resources.

For the urban unincorporated area (areas outside of cities), the County's map showing areas with SNRs are found in the community plans. Staff can assist you via email or in person by visiting our offices during regular business hours.

For lands outside the Urban Growth Boundary (UGB), the Rural/Natural Resource Plan (RNRP) contains maps that show the properties that may have SNR areas.

Please contact Development Review/Current Planning to confirm the location and types of mapped SNR on your site by emailing [email protected] or calling 503-846-8761. Staff can also assist you in person. Visit us in Suite 350 in the Public Services Building during regular business hours.

The stay applies to residential land division and development applications that would impact mapped Wildlife Habitat areas. Certain development applications are exempted:

  • Applications that don't modify an existing dwelling beyond its approved footprint.
  • Applications that propose new dwellings on a lot or parcel that was created after the County's natural resource regulations went into effect in the early 1980s and don't propose modifications to the approval.
  • Applications for nonresidential projects and projects that do not include mapped Wildlife Habitat areas are not affected.

Contact LUT Development Review/Current Planning at [email protected] or 503-846-8761 with questions.

Related

Development Review/Current Planning Icon

Development Prohibited in Some SNR Areas (English only)

Washington County cannot approve development applications for residential projects in areas mapped as Wildlife Habitat per a stay issued by LCDC. The enforcement order has been in effect since May 4, 2023.
Community Planning coordinates with local and state planning efforts and incorporate public and community-based organization involvement. We maintain the County’s Comprehensive Plan and update the Community Development Code and Community Plans.

SNR: A Focused Look

This project will update the County’s natural resource program including limited updates to the County’s inventory maps, policies and land use development standards.
Community Planning coordinates with local and state planning efforts and incorporate public and community-based organization involvement. We maintain the County’s Comprehensive Plan and update the Community Development Code and Community Plans.

SNR Technical Advisory Committee (English only)

The Technical Advisory Committee advises staff and consultants on technical aspects of the SNR: A Focused Look project.

Contact(s)

Related News

Board adopts significant natural resources ordinances

Ordinances updating Significant Natural Resources regulations and maps will be in effect starting Dec. 5, 2024.
More planning news & updates