The Oregon Estuary Plan Book - p11

Mitigation and Restoration Sites

One of the major objectives of estuary planning is to identify ways to repair the damage done to estuaries by past alterations. Mitigation and restoration planning identify shoreland sites that can be added to the estuary to increase estuarine values or offset effects of new development. The number and type of mitigation sites designated in plans must generally correspond to areas designated for development in the plan which would require mitigation.

Mitigation and restoration involve the same types of activities but are done for slightly different reasons. Both involve actions which either restore an area to the estuary, create a new estuarine area, or enhance an existing estuarine area. However, mitigation is done to compensate for damage done by new development, while restoration is done to offset historical losses and reestablish past values.

Mitigation is required whenever intertidal dredge or fill is permitted. The type and amount of mitigation generally must replace the habitats and values lost at the development site. There is no specific Goal requirement to carry out restoration. Consequently, restoration projects are usually undertaken by resource or land management agencies to provide for overall enhancement of estuarine values. Several restoration projects have been undertaken in the Salmon River Estuary by the U.S. Forest Service.

It is important to note that the term "mitigation" has different meanings under state and federal law. In Oregon, mitigation only includes compensating for unavoidable losses through habitat creation, restoration, or enhancement. Federal agencies define mitigation much more broadly. They consider any method of reducing impacts of a proposed development project to be mitigation. Mitigation measures under federal law include redesign or relocation, as well as "compensation" for unavoidable habitat losses through creation or restoration of new areas. In terms of the federal definition of mitigation, Oregon's mitigation requirement is considered a compensation requirement.

Water-dependent development sites

A major purpose of estuary planning is to provide appropriate locations for new development. This is especially true for certain uses, like marinas and boat building and shipping facilities, that are considered water-dependent because they require access to the water in order to function. In the past, new lands for development have been created by dredging and filling productive estuarine areas. Goal 17 seeks to minimize the need for additional dredging and filling by making sure that suitable shorelands are reserved for water-dependent uses.

Goal 17 requires estuary plans to identify and protect shoreland sites that are especially suited for water-dependent uses (ESWD). To qualify as ESWD, a site must have deep water close to shore-to minimize need for dredging-and have adequate upland and supporting transportation connections to support expected uses. Most local zoning ordinances contain at least one zone designed to accommodate water-dependent uses. Although most ESWD zones contain a list of uses that qualify as water-dependent, many local governments choose to determine water-dependency on a case-by-case basis through a conditional use review. Through the conditional use process, the local government can examine the nature of a particular operation and determine whether or not it is water-dependent.

Water-related and non-dependent, non-related uses can be permitted in ESWD zones, if they are in conjunction with and incidental to a water-dependent use, or if they do not preclude subsequent use of the site for water-dependent development. Generally, to be in conjunction with and incidental to a water-dependent use, a non-water-dependent use must be constructed at the same time or after the water-dependent use, and be carried out together with the water-dependent use. Incidental means the non-water-dependent use is small in relation to the water-dependent operation, and does not interfere with the water-dependent use. Examples of uses which are in conjunction with and incidental to a water-dependent use include a restaurant on the second floor of a seafood processing plant, or a retail sales room as part of a seafood processing plant.

Significant shoreland habitats

Significant shoreland habitats are areas which are especially important because of their proximity to the estuary. For example, bald eagles which feed in the estuary often depend on large trees and snags in nearby shorelands for perches and nesting sites.

This category of shoreland resources also includes "major marshes." These are wetlands which are close to the estuary but are not subject to tidal influence. Not all habitat or marshes within the shoreland boundary are significant or major. To qualify as "major" or "significant," a marsh or habitat must be large relative to other similar areas around the estuary, or possess some unique or special value which merits added special protection. For example, habitats of threatened or endangered species typically qualify because of the importance of protecting these species.

Significant shoreland habitats and major marshes are designated in the planning process. Uses which would conflict with protection of wetland or habitat values are not allowed. Other uses are allowed only if it is demonstrated that they will not conflict with protection of natural values.

Riparian vegetation

Riparian vegetation is a dense narrow band of trees and shrubs at the edge of a water body. Riparian vegetation buffers estuarine waters from adjacent land uses and is an important wildlife habitat. Riparian vegetation is probably most important because it is a concentration point for a great variety of wildlife, providing food and cover near water. It also protects the quality and quantity of water for wildlife, and often is an important shelter and food source for fish. Riparian vegetation also permits greater use of open agricultural lands as wildlife feeding areas by providing needed cover. Most furbearing animals inhabit this zone. It also provides important nesting areas for songbirds, osprey, and wood ducks. Elk and deer use riparian vegetation for cover.

A wide variety of man's activities, including logging, road construction, and streambank protection, have destroyed and damaged riparian habitat in the past. Because of its importance to water quality, Goal 17 requires that riparian vegetation be retained and protected. Permanent removal of riparian vegetation is usually only allowed for water-dependent uses. Most local ordinances require that development in shorelands be set back from the shoreline and that riparian vegetation not be removed. Where bank stabilization is required to prevent erosion, most ordinances require that riparian vegetation be replanted.

Find your watershed

You are here:
Inforain.org » Research » The Oregon Estuary Plan Book » page 11