and comprehensive planning-related tasks. When local governments receive applications for projects in wetlands and waters, they coordinate with DSL through the wetland land use notice process.
Assistance provided by DSL helps local governments make permit decisions and ensures landowners have reliable information to develop on their property and avoid violating
removal-fill laws.
Wetland Land Use Notices
Local governments are required to submit wetland land use notices to DSL within five days after receiving applications for projects that remove, fill, or move material in wetlands, waters, or areas with soils identified on the
Statewide Wetlands Inventory. The SWI includes DSL-approved Local Wetlands Inventories and wetland delineation reports and determinations. Delineations and determinations are not shown on the SWI web map.
To determine whether a project requires a wetland land use notice, first check the proposed project area using the Statewide Wetlands Inventory. Submit a wetland land use notice if the inventory maps wetlands, waters, or SWI soils
in or near locations where the project proposes
ground disturbance. Unmapped wetlands and waters may exist. Submit a notice if there is evidence these resources may be present, even if they haven’t been identified by the inventory. For example, small, seasonal, or forested wetlands may not be identified on the inventory; however, they are still protected by removal-fill law.
Examples of projects that require a wetland land use notice include:
- Where any part of the project area is wholly or partially within areas identified as wetlands, waters or SWI soils and the proposed project is:
- A subdivision or planned unit development.
- Any proposal that includes physical alteration of the land including excavation, placement of fill (soil, gravel, rock, or any other material), and grading.
- Development in floodplains and floodways where any part of the project area is wholly or partially within areas identified as wetlands, waters or SWI soils.
Learn more about projects that require a wetland land use notice and best practices for completing and submitting a notice.
This form should only be submitted by local governments.
Once DSL receives the notice, staff will review the form and associated maps and then respond to the local government, applicant, and/or landowner to let them know if the project needs a delineation or state permit.
Maps and Inventories of Wetlands and Waters
DSL maintains the
Statewide Wetlands Inventory and provides technical, planning, and review assistance for local governments developing Local Wetlands Inventories. The SWI identifies the approximate locations of known wetlands and waters in Oregon.
Local wetlands inventories also share descriptive information about these resources and the functions they provide. Local governments planning to develop an LWI should contact the DSL aquatic resource planner for technical assistance. The
Wetlands Planning Guidebook provides an overview of the process and tips.
Land Use Planning Assistance
DSL is available to provide land use planning assistance to cities and counties to help to meet
Statewide Land Use Planning Goals. The Department coordinates with DLCD on the statewide land use planning program and state and federal regulatory programs.
Wetlands and waters provide important environmental and social benefits to urban and rural environments, including filtering water, reducing flood damage by storing and slowing floodwater, providing food and habitat for fish and other species, and offering recreational opportunities.
Long range planning for wetlands falls under Goal 5,
Natural Resources, Scenic and Historic Areas, and Open Spaces. Under Goal 5, most jurisdictions should develop and adopt a Local Wetlands Inventory, which includes mapping to identify the locations of wetlands; an assessment of the functions of mapped wetlands, using the Oregon Freshwater Wetland Assessment Methodology; and a determination of which wetlands are locally significant. The LWI is reviewed and approved by DSL prior to adoption.
While adopting the LWI, the city develops a local protection program for the locally significant wetlands and incorporates the program into their comprehensive plan.
Please note: wetlands that have not been determined to be locally significant are still regulated by DSL through the Removal-Fill Law and may also be regulated by the Corps of Engineers through the Federal Clean Water Act, section 404, and the Rivers and Harbors Act, section 10.
DSL is available to collaborate with DLCD and local governments to provide technical and planning assistance on topics that include:
- Working with a wetland consultant during the LWI development.
- Required DSL review and approval of LWI products.
- Participation in public involvement meetings.
- Providing comments on proposed local protection programs and adoption.
- Giving educational presentations on wetland inventories and DSL regulatory programs and services.
Estuaries are covered by
Goal 16, which prescribes processes for mapping and classifying Oregon estuaries into four categories: deep draft development, shallow draft development, conservation, and natural estuaries. Each estuary is then subdivided into development, conservation, and management units. State law determines what types of uses are permitted in different management units, while
estuary plans have information about implementing ordinances and criteria for when removing or filling material may be permitted. DSL and the Corps of Engineers will not issue a permit if the proposed project is not consistent with the estuary plan.
Projects in coastal shorelands, lands contiguous with the ocean, estuaries, and coastal lakes, are covered by Goal 17,
Coastal Shorelands. Under Goal 17, most jurisdictions should develop and adopt a Local Wetlands Inventory, which includes mapping to identify the locations of wetlands, an assessment of the functions of mapped wetlands, and a determination of which wetlands are locally significant. The LWI is reviewed and approved by DSL prior to adoption.
Significant wetlands whose quality is the result of coastal waters are classified as major marshes. Major marshes must be protected and their potential uses must be consistent with their natural values.
While adopting the LWI, the city develops a local protection program for the locally significant wetlands and incorporates the program into their comprehensive plan.
Please note: wetlands that have not been determined to be locally significant are still regulated by DSL through the Removal-Fill Law and may also be regulated by the Corps of Engineers under the federal Clean Water Act, section 404, and the Rivers and Harbors Act, section 10.
DSL is available to collaborate with DLCD and local governments to provide technical and planning assistance on topics that include:
- Working with a wetland consultant during the LWI development.
- Required DSL review and approval of LWI products.
- Participation in public involvement meetings.
- Providing comments on proposed local protection programs and adoption.
- Giving educational presentations on wetland inventories and DSL regulatory programs and services.
Planning resources:
Advance Aquatic Resource Plans
Advance Aquatic Resource Plans (AARPs) offer a flexible framework for cities, counties, and community groups to plan for future projects within large areas of developable lands that may be constrained by the presence of wetlands. The plans help communities balance out the need for wetland resource protections with economic development.
To apply for the approval of an AARP, a community must sponsor the project and work with agencies, jurisdictions, land owners, and other interested parties to agree on the objectives and content of the plan application.
Learn more about AARPs, and contact DSL to learn more.