2.7.620 Riparian Corridor Sub-Zone.
A. Riparian Corridor Boundary. The width of the Riparian Corridor Sub-Zone adjacent to various waterway segments is specified in Tables 2.7.620.A, 2.7.620.B and 2.7.620.C. Boundary distances shall be measured from the ordinary high water mark, or from the upland edge of any designated wetlands, whichever is more landward. For purposes of riparian corridor boundary determination, steep slopes are considered to exist in an area having:
•Sixty percent or greater slope; and
•A vertical rise of 20 feet or more; and
•A continuous horizontal length of 50 feet or more.
|
Deschutes River – West Side |
Distance |
|---|---|
|
From the South UGB line to the COID intake |
30/75 feet1 |
|
From the COID intake to the Southern River Crossing alignment |
30/50 feet2 |
|
From the Southern River Crossing alignment to the north boundary of McKay Park |
40 feet |
|
From the north boundary of McKay Park to the Tumalo Irrigation District intake (south boundary of Block 15, Awbrey Heights Subdivision) |
30 feet |
|
From the Tumalo Irrigation intake (south boundary of Block 15, Awbrey Heights Subdivision) to the Mt. Washington Drive bridge |
30/50 feet3 |
|
From the Mt. Washington Drive bridge to the south boundary of Sawyer Park |
30 feet |
|
From the south boundary of Sawyer Park to the north UGB line |
30/50 feet4 |
1Where steep slopes are present within 75 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 75 feet horizontally of OHW, the riparian corridor boundary is 75 feet from OHW.
2Where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.
3Between the River’s Edge Golf Course and the Mt. Washington Dr. bridge, where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.
4Where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.
|
Deschutes River – East Side |
Distance |
|---|---|
|
From the South UGB line to the COID intake |
30/75 feet1 |
|
From the COID intake to the Southern River Crossing alignment |
30/50 feet2 |
|
From the Southern River Crossing alignment to the south boundary of the Mill Addition subdivision |
40 feet |
|
From the south boundary of the Mill Addition subdivision to the north boundary of the Bend Riverside Motel Condominiums |
30 feet |
|
From the north boundary of the Bend Riverside Motel Condominiums to the Mt. Washington Drive bridge |
30/40 feet3 |
|
From the Mt. Washington Drive bridge to the south boundary of Sawyer Park |
30 feet |
|
From the south boundary of Sawyer Park to the north UGB line |
30/50 feet4 |
1Where steep slopes are present within 75 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 75 feet horizontally of OHW, the riparian corridor boundary is 75 feet from OHW.
2Where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.
3Between the North Unit Dam and the Mt. Washington Dr. bridge, where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.
4Where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.
|
Tumalo Creek – Both Sides |
Distance |
|---|---|
|
Entire segment inside City limits |
50 feet |
B. Activities Subject to Review and Approval. Within the Riparian Corridor Sub-Zone, permanent alteration by grading, removal of native vegetation, excavation or fill of soils or rocks, or by placement of structures or impervious surfaces is prohibited, except as provided in subsections (C), (E), (F) and (G) of this section.
C. Land Use Actions. The following may be approved within the riparian corridor by the Review Authority as a land use action:
1. Streets, roads, bridges and driveways.
2. Hard surface pedestrian and bicycle paths, unpaved trails, and boardwalks.
3. Public and private utility transmission and distribution lines, including irrigation pumps and facilities, and drainage facilities.
4. Water-related and water-dependent uses, including parks, interpretive areas, and viewpoints.
5. Maintenance or repair of existing streets, roads, paths, and lawfully existing structures that involves grading, fill, or excavation of more than 10 cubic yards of material, including vegetation.
6. Restoration of the riparian corridor, including site grading and re-contouring, when carried out in conformance with an approved restoration plan (see subsection (E) of this section).
D. Approval Criteria for Land Use Actions. The Review Authority may approve a land use permit for uses listed in subsection (C) of this section, based on findings that the following criteria are satisfied:
1. All necessary State and Federal permits have been obtained, or will be obtained by the applicant, as a condition of approval.
2. The proposed development or activity is designed and constructed to minimize intrusion into the riparian corridor. This criterion shall not preclude placement of permitted uses in the riparian corridor at intervals and locations for purposes of providing reasonable public access to, and views of, the waterway. The following shall be specifically addressed in demonstrating conformance with this criterion:
a. Removal of riparian vegetation shall be limited to the minimum amount necessary to accommodate the proposed use; any vegetation removed in excess of this standard shall be nonnative species. The proposal shall specify replacement of that vegetation with riparian species that are native to the Bend area, and similar to existing plant species in the vicinity (excluding noxious weeds as identified by the Deschutes County Soil and Water Conservation District).
b. Any proposed construction shall be designed in such a manner as to minimize adverse impacts upon a designated wetland, native riparian vegetation, fish and wildlife habitat and water quality within this sub-zone.
c. Erosion within the riparian corridor shall be prevented during and after construction by the use of mulch, erosion blankets, debris fencing, or similar preventative practices.
d. Demonstrate that surface runoff from impervious areas will not flow unfiltered or untreated into the adjacent waterways.
E. Restoration Plan. The Review Authority may require that a restoration plan be prepared by a qualified professional and submitted with an application for a development or land use action within the Riparian Corridor Sub-Zone. The Review Authority may require that the applicant post a performance bond in an amount sufficient to ensure fulfillment of an approved planting plan. A restoration plan shall demonstrate conformance with criteria of subsection (D) of this section; the plan shall include the following elements, in addition to those items required under BDC 2.7.610(E)(2):
1. The location, type, and volume of material to be graded, dredged, filled, or removed.
2. Identification of existing walls, riprap, or previously filled steep slopes to be altered or removed.
3. Location, species, and amounts of existing vegetation to be removed.
4. A detailed planting plan for any site area where vegetation is proposed to be removed or replaced.
5. A plan to maintain new vegetation.
a. The restoration plan shall indicate the minimum grading, dredging, or excavation necessary for any proposed activity. Bio-engineered bank stabilization measures may be required by the Review Authority.
b. Species of vegetation to be planted shall be well suited to soil types and slopes. Limited use of nonnative species may be approved on an interim basis where necessary to retain soils, prevent noxious weeds, or otherwise facilitate the establishment of native species. The plan shall indicate replacement of all nonnative vegetation with native species within a maximum period of five years from the date of approval.
c. The plan shall indicate maintenance measures for new vegetation sufficient to ensure successful establishment, including irrigation methods, surface water containment, and measures to prevent overspray of herbicides and pesticides.
F. Exempt Activities. The following activities are exempt from review within the Riparian Corridor Sub-Zone:
1. Normal maintenance of yards and landscaped areas with existing plantings of lawns, ornamental plants, and other nonnative vegetation.
2. Normal maintenance and repair of lawfully existing buildings, structures, streets, roads, bridges, dams, paths, utilities, drainage facilities, and irrigation pumps and facilities.
3. Alterations of lawfully existing buildings or accessory structures that do not increase building coverage within the Riparian Corridor Sub-Zone.
4. Removal of nonnative vegetation and noxious weeds, as identified by the Deschutes County Soil and Water Conservation District, and replacement in equal or greater volume with species that are native to the Bend area and similar to existing plant species in the vicinity.
5. Tree removal in accordance with BDC 2.7.610(D).
6. In all instances exempted above, related disturbance inherent to the exempted activity and intrusion into the riparian area shall be kept at a minimum.
G. Exceptions.
1. Exemptions. The following exceptions to applicable standards of the Riparian Corridor Sub-Zone may be authorized by the Review Authority as a land use action:
a. A legally created lot or parcel which is located entirely within the Riparian Corridor Sub-Zone may be developed with permitted uses, subject to the applicable land use review, in a manner that will have the least impact to inventoried resources of the riparian corridor.
b. Required yard setback distances may be reduced when such reduction is necessary to enable a proposed structure to be placed outside the Riparian Corridor Sub-Zone.
c. Structures and impervious surfaces may be placed within the Riparian Corridor Sub-Zone when the Review Authority, in consultation with the Oregon Department of Fish and Wildlife, determines that the proposal will provide equal or better protection of riparian resources than would be achieved by excluding the proposed improvements from the sub-zone. Equal or better protection of riparian resources shall be ensured through restoration of riparian areas, enhanced buffer treatment, or similar measures. In no case shall such alterations occupy more than 50 percent of the width of the Riparian Corridor Sub-Zone on properties upstream of the COID intake; alterations shall not occupy more than 40 percent of the width of the Riparian Corridor Sub-Zone downstream of the COID intake. [Ord. NS-2016, 2006]