OAR 141-120-0180: Planned Infrastructure

Planned infrastructure may be authorized in a wetland designated in the Conservation Category in the following manner: (1) The party sponsoring the planned infrastructure may receive authorization directly from the Division under ORS 196.682; or (2) The Director may find that the project avoids wetlands in the WCP area to the degree practicable. If so, the Director’s order approving the WCP may identify the approximate location of the planned infrastructure if the local government: (a) Determines that the need for the planned infrastructure exists by showing that: (A) Existing development is dependent on the planned infrastructure; or (B) The planned infrastructure is required to allow access to buildable uplands. (b) Provides a showing of actions considered and taken to avoid and minimize impacts to the wetland system in the planning area; and (c) Provides the general area for the location of the planned infrastructure. (d) To obtain authorization from the Division to construct planned infrastructure with its approximate location identified in the Director’s order: (A) The local government shall provide: (i) The final alignment and right of way for the planned infrastructure; and (ii) The steps considered and taken to avoid and minimize impacts to the wetland including bridging, culverting and placing the infrastructure at other locations within the wetland. (B) The Director shall evaluate the information provided under paragraph (2)(d)(A) of this rule in the expedited fashion authorized under ORS 196.682. (3) The Director’s order approving the WCP may authorize construction of planned infrastructure if the local government: (a) Determines that the need for the planned infrastructure exists by showing that: (A) Existing development is dependent on the planned infrastructure; or (B) The planned infrastructure is required to allow access to buildable uplands. (b) Provides a showing of actions considered and taken to avoid and minimize impacts to the wetland system in the planning area; (c) Provides the final alignment and right of way for the planned infrastructure; and (d) Provides the steps considered and taken to avoid and minimize impacts to the wetland including bridging, culverting and placing the infrastructure at other locations within the wetland. (4) “Showing” in this rule means findings of fact with supporting reasons.