"Best management practices"means structural or nonstructural measures, practices, techniques, or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to protected wetlands.
"Buffer averaging"means reducing the standard buffer width (i.e., 50 feet) around a wetland in some locations and increasing it in other locations such that the total area within the buffer around a given delineated wetland after averaging remains at least equal to what was required by the standard buffer around that wetland.
"Building coverage"means the portion of the lot area that is covered by buildings. The area of the buildings shall be measured at their exterior perimeter. Buildings include dwellings, accessory structures, garages, and carports.
"Contiguous"means lots that have a common boundary and common ownership including lots separated by public streets.
"Erosion"means the process by which the land's surface is worn away by the action of wind, water, ice, or gravity.
"Invasive speciesmeans non-native and noxious plants as identified by the Oregon Department of Agriculture.
"Permeable"means surfaces that allow water to pass through whereas "impermeable" means blocking the flow of water through the surface.
"Point source stormwater discharge"means water from precipitation, surface or subterranean water from any source, drainage and nonseptic wastewater that flows from any discernible, confined, discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, or vessel.
"Qualified wetland professional"is a person with experience and training in wetlands issues and with experience in performing delineations, analyzing wetland functions and values, analyzing wetland impacts, and recommending wetland mitigation and restoration. Qualifications include
1. A Professional Wetland Scientist certification from the Society of Wetland Scientists Professional Certification Program; or
2. B.S. or B.A., or equivalent degree in biology, botany, environmental studies, fisheries, soil science, wildlife, agriculture or related field; two years of related work experience; and minimum of one-year experience delineating wetlands using the 1987 U.S. Army Corps of Engineers (Corps) Wetlands Delineation Manual, the Western Mountain, Valleys and Coast regional Supplement and supporting guidance; and preparing wetland reports permits, and mitigation plans; or
3. Four years of related work experience and training; minimum of two years' experience delineating wetlands using the 1987 Corps Manual, the Western Mountain, Valleys and Coast regional Supplement and supporting guidance; and preparing wetland reports, permits, and mitigation plans.
"Runoff"means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
"Sediment"means settleable solid material that is transported by runoff, suspended within runoff, or deposited by runoff away from its previous location.
"Site"means the entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.
"Upland"as used in this title is the portion of a wetland lot-of-record that is neither protected wetland or wetland buffer area.
"Utilities, underground or above ground"refers to city provided utilities as defined in Chapter 13.03.010 as well as private utilities such as, but not limited to, natural gas, electric, cable, and telecommunications infrastructure. Such utilities may occur below ground surface, at ground surface, or supported above ground surface.
"Vegetation"as used in this title shall include all living plant matter (e.g., all native and non-native vines, herbaceous, shrub, and tree species of any size or amount).
"Wetland buffer area"means a 50-foot-wide non-wetland area surrounding the delineated boundary of a protected wetland within the Wetlands Overlay (WO) zone.
"Wetland creation"means to convert an upland or a wetland buffer that has never been a wetland to a wetland. The assumption that a creation site has never been a wetland is based on soils mapping, the interpretation of historical aerial photographs, and any other available information.
"Wetland delineation map"means a map included in a wetland delineation report or provided with a Jurisdictional Determination by the Oregon Department of State Lands that shows the tax lot(s) and study area(s) investigated and the location, size, and boundaries of all wetlands and other waters.
"Wetland delineation"means a determination of the presence of wetlands and other waters that includes marking boundaries on the ground and on a detailed map prepared by professional land survey or similar accurate methods. The delineation is to be undertaken in accordance with a method acceptable to the US Army Corps of Engineers and the Oregon Department of State Lands.
"Wetland determination"means a decision that a site may, does, is unlikely to, or does not contain waters of the state of Oregon. A determination does not include the exact location or boundaries of water of the state of Oregon.
"Wetland enhancement"means to improve the condition and increase the functions and values of an existing degraded wetland.
"Wetland functions and values"means those ecological characteristics or processes associated with wetlands, and the societal benefits derived from those characteristics. The ecological characteristics are "functions," whereas the associated societal benefits are "values." The Oregon Department of State Lands has approved methods to measure these functions and values in Oregon Administrative Rule 141-085.
"Wetland lot-of-record"is a lot or contiguous lots held in common ownership on August 4, 1993, which are subject to the provisions of this chapter. A wetland lot-of-record includes upland portions of the contiguous property that are not subject to the provisions of the Wetlands Overlay zone.
"Wetland mitigation, compensatory"means the creation, restoration, or enhancement of a wetland area to maintain the functional characteristics and processes of the wetland system, such as its natural biological productivity, habitats, aesthetic qualities, species diversity, open space, unique features, and water quality.
"Wetland overlay zone"includes protected wetlands and wetland buffer areas that are subject to the provisions of this chapter.
"Wetland, degraded"as defined by the Oregon Department of State Lands means a wetlands with diminished functions and values. Degradation must include hydrologic manipulation (such as diking, draining, or filling) that demonstrably interferes with the normal functioning of wetland processes.
"Wetland, protected"is an area in the wetlands overlay zone that has been identified on the Cannon Beach Local Wetlands Inventory (LWI) or on a subsequent wetland delineation as significant wetlands. They are areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Note that federal and state protections also exist, and the applicant is also responsible for addressing such regulations. Should discrepancies exist between federal and state wetland delineation jurisdiction, city-protected wetlands shall match state regulated wetland boundaries.
(Ord. 24-06, 6/11/2024)