Protecting the
City's
Natural Resources
Comments may be directed to our
Goal 5 Discussion Board
(free registration required)
Oregon's Land Use Planning Program - Goal 5: Oregon’s land use planning program addresses nineteen statewide planning goals. Periodically the City is required to review and amend its comprehensive plan and development code so they are consistent with the statewide planning goals. The City's work program to address Statewide Planning Goal 5 required us to inventory wetlands, riparian corridors, and wildlife habitat inside the City's urban growth boundary (UGB), identify which resources have the highest value and function ("significant"), and adopt measures to protect the significant resources.
Goal 5 Project Status:
A consulting firm hired by the City recently updated our wetland and riparian corridor inventories and conducted a more comprehensive look at wildlife habitat. Using State guidelines, the consultants developed recommendations for determining which resources are significant, as well as measures for protecting the significant resources inside the City's UGB.
Now that the technical work is done, the City will need to review the consultant's recommendations and ultimately decide whether to move forward with the recommendations or develop alternatives that would comply with Goal 5. Then the City will need to adopt measures to protect the significant resources.
The consultant's recommendations can be viewed and discussed at an Open House scheduled for Thursday, September 10th from 5:00-7:00 p.m. in the City Council Chambers at City Hall. There will also be a series of public meetings on the topic, including a community forum and round table discussion, later in the Fall. We anticipate that the public hearings to adopt Comprehensive Plan and Development Code amendments that implement Goal 5 will begin in January.
Consultant's Recommendation:
Downloads:
- Technical Report (373K pdf)
- Appendix A - Cover (39K pdf)
- Appendix A - WHA Forms (143K pdf)
- Figure 1-Wetlands (1.15M pdf)
- Figure 2-Fish (1.1M pdf)
- Figure 3-Safe Harbor (1.1M pdf)
- Figure 4-URIAG (1.1M pdf)
- Figure 5-Shade (1.1M pdf)
- Figure 6-Wildlife (1.1M pdf)
The recommended Goal 5 protection measures can be summarized as follows:
- Wetlands: Protection through a "Safe Harbor" ordinance, with a 50-foot buffer that can be decreased to 25-feet with a state-approved wetland delineation. Safe Harbor protection restricts development within the wetland, but includes a procedure to consider hardship variances, claims of map error, and reduction or removal of restrictions for any existing lot demonstrated to have been rendered unbuildable.
- Riparian Corridors: Protection through a Safe Harbor ordinance for all riparian corridors except the downtown waterfront where an ESEE (Economic, Social, Environmental, Energy) analysis would be conducted.
The ESEE Analysis would address the existing development and redevelopment potential in the downtown waterfront. It is based on an analysis of conflicting uses and their impact area. The ESEE consequences of the conflicting uses in the impact areas would be analyzed. The degree of protection may vary by site, i.e., some sites might have a higher level of protection and others a lower level. When following the standard ESEE process, a local government shall comply with Goal 5 if it identifies at least the following activities as conflicting uses in riparian corridors:- The permanent alteration of the riparian corridor by placement of structures or impervious surfaces, except for:
- Water-dependent or water-related uses;
- Replacement of existing structures in the same footprint; and
- Control of removal of vegetation in the riparian area
- The Safe Harbor protection would:
Restrict development within the riparian area, except for the following uses, provided they are designed and constructed to minimize intrusion into the riparian area:- Streets, roads, paths;
- Drainage facilities, utilities, and irrigation pumps;
- Water-related and water-dependent uses; and
- Replacement of structures in the same footprint as long as they do not disturb additional riparian surface area
- The ESEE analysis would address the existing development and redevelopment potential in the downtown waterfront.
- Control the removal of riparian vegetation
- Include a procedure to consider hardship variances, claims of map error, and reduction or removal of the restrictions for any lands demonstrated to have been rendered not buildable by application of the ordinance.
- Allows permanent alteration of up to 50% of the riparian area if mitigated elsewhere.
- The permanent alteration of the riparian corridor by placement of structures or impervious surfaces, except for:
- Wildlife Habitat: Enhanced wetland and riparian corridor protection measures to protect wildlife habitat, instead of identifying significant wildlife habitat separately. The enhanced protection would include the requirement of a habitat assessment when development is proposed within 100 feet of a waterway or wetland where habitat for threatened, endangered, or sensitive species have been documented* in the associated waterway, wetland, or riparian corridor.
* "documented" means that an area is shown on a map published or issued by a state or federal agency or by a professional with demonstrated expertise in habitat identification
- All Significant Resources: Additional maintenance and management measures, which may include restrictions on the use of pesticides, storage of hazardous materials, planting of non-native or invasive species, intensity of light, among others. Some measures would be mandatory, and others recommended as voluntary best management practices.
Multiple Government Responsibilities:
The vast majority of significant Goal 5 resources overlap along the creeks, rivers, and lakes inside the City's UGB. Protection of these Goal 5 resources directly relates to other City responsibilities, such as floodplain management, stormwater quality/management, buildable land supply, drinking water supply, parks and recreation, economic vitality, health and safety, and livability.
Balancing Preferences & Priorities:
Some community members will feel strongly that the City should protect our natural resources beyond the minimum requirements of Goal 5, while others will feel just as strongly that the City should do the minimum possible to comply with Goal 5. Ultimately, the City Council must decide how to balance competing points of view with multiple government responsibilities and public benefit.
Costs/Challenges:
Many of the significant Goal 5 resources inside the UGB are currently zoned as Open Space, which limits potential development already. The Federal Government and State of Oregon already regulate development activities in wetlands and waterways. This means that the 'net impact' of Goal 5 is not as widespread as it may appear, since the majority of property is already considered undevelopable. However, additional development restrictions and requirements may increase development costs, decrease the amount of buildable land inside the UGB, restrain redevelopment potential of developed properties, and reduce the development area of individual properties. (Map, 22MB png)
Benefits/Opportunities:
Beyond their own intrinsic value, high value/high functioning natural resources provide a variety of societal benefits. Examples of these include: regulation of river flow and groundwater levels; purification of air and water; provision of drinking water; climate control; waste absorption and breakdown; thermal regulation; nutrient cycling; recreation, education, research and spiritual opportunities; and aesthetic amenities.
Protecting the City's significant natural resources demands thoughtful consideration of the associated benefits and costs, and opportunities and challenges, to individuals and the community as a whole, both now and in the future.
Public Input:
There are many ways that the public can voice their opinions about natural resource protection in Albany – provide comments on this webpage, attend the September 10, 2009 Open House, attend additional public meetings that will be scheduled throughout the Fall and Winter, send an email, write a letter, come in and talk to us in the Planning Division. Please check this website for regular updates.
If you have questions regarding Goal 5, please contact Heather Hansen via our contact form, 541-917-7564, or PO Box 490, Albany, OR 97321.
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