Oregon Coastal Salmon Restoration Initiative

Department of Land Conservation and Development
Coastal Salmon Recovery Initiative Workplans
(Revised February 12, 1997)

Phase 1 Actions

DLCD1 ­ Implement The Coastal Nonpoint Pollution Control Program (CNPCP)

Summary of Measure: With DEQ, continue to manage the overall development of the Coastal Nonpoint Pollution Control Program (CNPCP) as required under 1990 amendments to the Coastal Zone Management Act.

Background: The Coastal Nonpoint Pollution Control Program (CNPCP) is a federal requirement for the state to implement enforceable nonpoint source pollution controls for virtually all land use activities in the coastal zone. Development of the CNPCP is the joint responsibility of the Department of Environmental Quality (DEQ) and the Department of Land Conservation and Development (DLCD).

Within the first five years of implementing the CNPCP (essentially by the beginning of 2002), the state is required to ensure the implementation of a comprehensive set of 56 nonpoint source pollution control management measures described in a federal guidance document available from the Environmental Protection Agency (EPA), entitled Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters. Oregon's strategy and program for addressing the CNPCP requirements has been submitted for federal review, which is expected to be completed in early 1997.

The fundamental purpose of the CNPCP is to implement enforceable nonpoint source pollution controls to address virtually all land and resource uses in coastal watersheds. The responsibility for implementing such pollution control measures lies with several agencies. Thus, this task requires that DEQ and DLCD maintain partnerships with ODA, DSL, ODFW, WRD, ODOT, ODF, the Marine Board, and local jurisdictions for the purpose of providing technical assistance, financial support where possible, and strategies and guidance for implementing nonpoint source pollution control measures.

Many of the federally required CNPCP measures are already being implemented in Oregon through state and local programs. For example, Oregon's system for regulating commercial forest management activities implements the CNPCP measures for forestry activities. The state's Removal-Fill law implements important components of the CNPCP measures to protect wetlands. The CNPCP measures for agriculture will be implemented through the state's process for developing agricultural water quality management area plans under Senate Bill 1010.

The purpose of this CSRI Phase 1 action is to ensure implementation of several CNPCP measures through state and local programs, as appropriate. In addition, this measure includes the development of partnerships with local governments and state agencies to implement the CNPCP in areas outside the coastal zone in the Rogue and Umpqua basins, as necessary and appropriate. Finally, overall implementation of the CNPCP will include the designation of "Critical Coastal Areas" as necessary and appropriate.

(DLCD5, described under Phase 2 Actions below, is a component of the overall CNPCP. In addition, DEQ has described measures related to the implementation of the CNPCP.)

Goal: For virtually all land uses in the coastal basins, implement nonpoint source pollution control management measures in conformity with both federal guidance and the federal conditions for approval of the state's program.

Objectives:

• Continue to coordinate with DEQ to develop strategies to implement the CNPCP, to make policy clarifications, and to establish program priorities.
• Develop agreements with DEQ, ODA, ODF, OSMB, DSL, ODOT, and local jurisdictions, as appropriate and necessary, to implement management measures in conformity with the CNPCP guidance.
• Fulfill federal conditions for approval of Oregon's CNPCP program submittal.
• Determine the appropriate extent of the CNPCP in the Rogue and Umpqua basins.
• Determine the need for designation of "Critical Coastal Areas".

Responsibilities: In collaboration with DEQ, Oregon Coastal Management Program staff will continue to manage the implementation of the CNPCP.

Results:

• Agreements with state agencies and local governments to implement specific nonpoint source pollution controls for land uses and activities within their jurisdiction or authority.
• Decision and agreement with federal agencies on the extent of the CNPCP in the Rogue and Umpqua basins.
• Criteria for identification of critical coastal areas.

Funding: January through December 1997: Federal coastal zone management funds.

Schedule:

• Agreement with RVCOG to develop a process to engage local governments and watershed councils to assess the need for the CNPCP guidance management measures: March 1, 1997.
• Boundary decision in Rogue and Umpqua basins: June 30, 1997
• Process and criteria for identification of critical coastal areas under the CNPCP: September 30, 1997.
• With DEQ and the OSMB, convene a work group to develop a strategy for implementing the CNPCP marinas management measures: September 30, 1997.
• Draft MOUs between DLCD and DEQ and other state agencies implementing components of the CNPCP requirements: October 31, 1997.
• Identification of critical coastal areas: December 31, 1997.

DLCD2 ­ Riparian Area Technical Assistance

Summary of Measure: DLCD will contract to develop model ordinances and other interpretive materials, as necessary and appropriate, for use by local governments in amending local land use regulations to implement the riparian area protection and restoration provisions under Statewide Planning Goal 5, Open Spaces, Scenic and Historic Areas, and Natural Resources. As agency resources permit, DLCD will also contract to produce technical assistance materials for use by individuals in their management of riparian areas on private residential lands in both urban and rural areas.

Background: New administrative rules for Statewide Planning Goal 5 rules were adopted in August 1996. The new rules include improved protection for riparian areas and wetlands, which must be implemented through local comprehensive plans. Many local jurisdictions will rely on technical assistance, in the form of interpretations and model ordinances, provided by DLCD before they will be able to amend their comprehensive plans and land use and land development ordinances.

Goal: Increase protection for riparian areas; exclude uses and activities that impair riparian vegetation, structure, and function.

Objectives:

• To develop technical assistance materials for local governments to use in adopting new riparian area protections (see DLCD4).
• To develop technical assistance materials for use by individuals in managing their riparian areas.

Responsibilities: OCMP staff will select a local jurisdiction to develop a contract for producing technical assistance materials. OCMP staff will manage a grant agreement with the selected jurisdiction, specifying the requirements for developing the model ordinances.

Results:

• Model ordinances to implement the new Goal 5 rules for: (1) riparian area protection; and (2) riparian area restoration.
• Technical assistance informational brochure on managing riparian areas for water quality and salmon habitat objectives for use by urban and rural residential landowners (as resources permit).

Funding:

• DLCD Technical Assistance Grant funds: Expended by June 30, 1997.
• Federal coastal resource management funds: Expended by June 30, 1997.

Schedule:

• Model ordinances for riparian area protection and riparian area restoration: June 30, 1997.
• Informational brochure on managing riparian areas for urban and rural residential landowners: June 30, 1997.

DLCD3 ­ Identify Estuarine Restoration Opportunities

Summary of Measure: DLCD will provide consultation and assistance to local governments that want to amend the restoration site inventories in their estuary management plans.

Background: The initial effort will emphasize the identification of diked tidelands inside UGBs that may be zoned for development.

Goal: Identify areas appropriate for restoration to estuarine habitats.

Objectives: In consultation with local governments, and where assistance is requested, identify diked former tidelands inside UGBs that may be designated for future development.

Responsibilities: DLCD Coastal Division staff will consult with local governments to determine the extent of interest in revising buildable lands inventories to remove from those inventories any lands that are suitable for restoration to estuarine habitats.

Results: Identification of lands that are suitable for restoration to estuarine habitat.

Funding: Base coastal management program funding from NOAA/NOS Office of Coastal Resource Management.

Schedule: Survey of local planning officials to determine interest in assessing buildable lands inventories to identify lands suitable for restoration to estuarine habitat: December 30, 1997.

Phase 2 Actions

DLCD4 ­ Implement New Goal 5 Rules for Riparian Protection

Summary of Measure: DLCD will help to ensure coastal local governments integrate the new requirements into their comprehensive plans and development ordinances as soon as possible.

Background: Administrative Rules for the implementation of Statewide Planning Goal 5 were amended in June 1996. The new rules include improved provisions for protecting riparian areas and wetlands. The emphasis of this task is to implement the rules for protecting riparian areas and wetlands inside riparian buffers. Under Oregon's comprehensive planning program, local jurisdictions are required to address the new rules before or upon the next regularly-scheduled Periodic Review of their comprehensive plans, which means that some jurisdictions may not adopt new rules for up to seven years. Sufficient funding to pass through to local governments to make plan and ordinance changes would result in a greatly accelerated schedule, perhaps resulting in plans being amended within 2-3 years.

There are 65 local jurisdictions within the area encompassed by the CSRI. DLCD anticipates that this measure will enable 10 jurisdictions to complete a plan amendment process to implement the new riparian protection rules.

DLCD's strategy will be to: (1) emphasize the very high priority of implementing the new Goal 5 rules in new Periodic Reviews; ( 2) attempt to accelerate implementation of the new rules under existing Periodic Reviews; (3) consult with jurisdictions that are not now legally required to implement the new rules until after the year 2000 to attempt to get the rules implemented sooner, outside the framework of Periodic Review; and (4) consider adopting an accelerated implementation schedule if necessary to get the new rules implemented before 2001. This task will require that DLCD acquire resources to pass through to local governments, and then develop partnerships and workplans with those local governments. Given the area under their jurisdiction, DLCD will focus its initial efforts on counties.

Goal: Increase protection for riparian areas and wetlands in riparian buffers; exclude uses and activities that impair riparian and wetland vegetation, structure, and function.

Objectives: Adopt stronger provisions for protecting riparian areas and wetlands in riparian buffers in local comprehensive plans and implementing ordinances.

Responsibilities:

• OCMP staff will consult with local planning officials to develop work tasks for implementing the new Goal 5 rules for riparian area and wetland protection.
• DLCD field staff will manage grants and ongoing consultations through a local jurisdiction's process of adopting new riparian and wetland protection provisions.

• Agreements with local jurisdictions to adopt plan language and ordinance provisions for protecting riparian areas.
• Local comprehensive plan amendments.

Funding: Governor's Healthy Streams budget package, starting July 1, 1997.

Schedule:

• Draft local government grant application, criteria, and grant agreement for implementing riparian protection ordinances: September 30, 1997.
• Draft agreements with a local jurisdiction to adopt riparian area protection ordinances: Two each by December 30, 1997; March 30, 1998; June 30, 1998; September 30, 1998; and December 30, 1998.

DLCD5 ­ Implement CNPCP Urban Management Measures

Summary of Measure: Implement Urban Management Measures identified in the CNPCP (see DLCD1), some through local planning and development review processes and some by local public works officials in their management of road systems.

Background: Some of the necessary measures will involve implementing requirements developed under the authority of other state agencies, principally the Department of Environmental Quality.

Again in partnership with DEQ and local governments, DLCD will facilitate implementation of these measures by developing rules, technical assistance, or administering grants to local governments as necessary to implement specific CNPCP requirements to reduce the generation of nonpoint source pollution from urban activities. As with all of DLCD's measures, this task requires developing partnerships and workplans with coastal local governments.

Goal:

• Reduce the hydrographic effects and water quality degradation resulting from new land development.
• Reduce the generation of pollutants by various activities of local governments.

• Reduce peak runoff volumes from newly developing areas.
• Reduce impermeable surfaces in newly developing areas.
• Improve consideration of hydrographic and water quality effects of land use decisions.
• Implement road and highway operation and maintenance measures that protect water quality and aquatic habitat.

Responsibilities: OCMP staff will provide consultation to DEQ and ODOT in their development of administrative rules and technical assistance materials, respectively, to address the effects of urban development on surface water runoff. OCMP staff will consult with local planning officials to develop work tasks for implementing rules related to reducing the effects of stormwater runoff

Results: Local comprehensive plan provisions and ordinances to implement management measures for reducing the effects on water quality and peak flow runoff rates from newly-developing areas.

Funding: Governor's Healthy Streams budget package, starting July 1, 1997.

Schedule:

• Convene a work group of state and local officials to review Urban Management Measures under the CNPCP.
• In consultation with ODOT and DEQ, develop a strategy for working with local officials to implement management measures for road systems (see DEQ1): June 1998.
• In collaboration with DEQ, develop work programs with local jurisdictions to integrate measures for stormwater runoff and for managing road systems into local comprehensive plans: September 1998.