Planning and Zoning

These Standards are intended to be consistent with the most recent versions of the following references.  It is the Engineer’s and/or applicant’s responsibility to comply with federal, state, and local regulations, particularly with respect to wetland and environmental regulations and other development requirements.  If conflicts arise, the most restrictive regulation shall apply.

1. Clackamas County Comprehensive Plan
2. Clackamas County ITS (Intelligent Transportation System) Action Plan
3. Clackamas County Active Transportation Plan (“ATP”)
4. Clackamas County Transportation Safety Action Plan (“TSAP”)
5. Clackamas County Zoning and Development Ordinance (“ZDO”)
6. Clackamas County Capital Improvement Plan (“CIP”)
7. Clackamas County Code (“County Code”)
8. Clackamas County Service District#1 Stormwater Standards
9. Water Environment Services Erosion Prevention and Sediment Control Planning and Design Manual
10. Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way (“PROWAG”)
11. Technical requirements of Oregon Standard Specifications for Construction
12. Other state and federal laws

If these Standards do not address a specific design issue, the most recent version of the following documents should be referenced.   In all situations, Engineering shall determine the appropriate design reference and its applicability.

1. American Association of State Highway and Transportation Officials (“AASHTO”) - A Guide for Achieving Flexibility in Highway Design
2. AASHTO - Guide for the Development of Bicycle Facilities
3. AASHTO - Guide for the Planning, Design, and Operation of Pedestrian Facilities
4. AASHTO - Guidelines for Geometric Design of Very Low-Volume Local Roads
5. AASHTO - LRFD Bridge Design Specifications
6. AASHTO - A Policy on Geometric Design of Highways and Streets
7. AASHTO - Roadside Design Guide
8. AASHTO - Standard Specifications for Structural Supports for Highway Signs, Luminaries, and Traffic Signals
9. American Society for Testing and Materials (ASTM)
10. The Asphalt Institute - The Asphalt Handbook
11. The Asphalt Institute - Thickness Design - Highways and Streets
12. Federal Highway Administration (FHWA) - Manual on Uniform Traffic Control Devices (MUTCD)
13. FHWA - Standard Highway Signs
14. FHWA - Roundabouts:  An Informational Guide
15. ITE - Traffic Control Devices Handbook
16. ITE - Traffic Engineering Handbook
17. ITE - Trip Generation Manual
18. ITE - Trip Generation Handbook
19. International Building Code (“IBC”)
20. International Plumbing Code (“IPC”)
21. National Association of City Transportation Officials - Urban Bikeway Design Guide
22. National Association of City Transportation Officials - Urban Street Design Guide
23. ODOT - Highway Design Manual
24. ODOT - Hydraulics Design Manual
25. ODOT - Oregon Temporary Traffic Control Handbook for Operations of Three Days or Less
26. ODOT - Traffic Control Plans Design Manual
27. ODOT - Traffic Line Manual
28. ODOT - Traffic Manual
29. ODOT - Traffic Signal Policy and Guidelines
30. ODOT - Sign Policy and Guidelines
31. ODOT - Oregon Standard Drawings
32. ODOT and American Public Works Association (“APWA”) - Standard Specifications for Construction
33. Oregon Fire Code Appendices B and D
34. Oregon Fire Code Metro Code Committee Fire Code Applications Guide
35. Oregon Supplement to the MUTCD
36. Other local fire codes
37. Transportation Research Board (TRB) - Highway Capacity Manual
38. Tri-Met Bus Stops Guidelines

A part of the Roadway Standards.

The Clackamas County Roadway Standards (hereafter referred to as the "Standards") provides a handbook for both roadway design and construction of public and private roadway improvements, alteration of drainage on private property in the unincorporated areas and outside of a storm water district and site design standards for required site improvements related to land use approvals.  The purpose of these Standards is:

• To provide specific, consistent and acceptable road design and construction elements for applicants, developers and other private parties constructing or modifying road right-of-way facilities or on-site improvements which require County permits.
• To establish uniform criteria that still provide context sensitive flexibility in guiding the County's design and construction of County facilities. 
• To allow for practical approaches to road design and construction challenges that provide the best fit solution given the realities of financial constraints and community context.

Roadway designs in Clackamas County strive to achieve sustainable outcomes when safety, convenience, aesthetics, resource protection, ease of maintenance, and community livability are considered.

These Standards provide the minimum criteria for design and construction of roadways, accesses, site development, and integrated drainage facilities under the jurisdiction of Clackamas County.
 
It is not the objective of this handbook to limit the creative efforts of Engineers in providing alternate solutions to specific problem areas or relieve the responsibility for professional engineering judgment.  Practical designs that preserve the function and safety of the roadway system and promote sustainability by offering benefits to aesthetics, resource protection, ease of maintenance, and livability are encouraged. 
Dan Johnson, Director
Clackamas County Department of Transportation and Development
June 1, 2020

Definitions

• ADA: Americans with Disabilities Act of 1990.
• ADA standards: Requirements and standards resulting from the Americans with Disabilities Act of 1990 and adopted by Clackamas County as standards for accessible design within Clackamas County rights-of-way.
• Alteration: A change to a facility that affects or could affect pedestrian access, circulation, or use. Alterations include, but are not limited to, resurfacing, rehabilitation, reconstruction, historic restoration, or changes or rearrangement of structural parts or elements of a facility.
• Applicant:  Property owner or person designated by the property owner to be the representative for an application for a development proposal, permit or approval, or their successors or assigns.  As this pertains to utilities, see County Code Section 7.03.020.
• Average daily traffic ("ADT"):  The number of vehicles traveling in both directions over a given time period greater than one day but less than one year, divided by the number of days in that time period.  Commonly, traffic counts completed at various times of year are adjusted for time of year to account for seasonal and day of week variations.  For the purposes of determining whether a roadway is "very low volume", ADT's shall be based upon a 20 year projected ADT.
• Backfill:  Replacement of excavated material with suitable material compacted as specified.
• Blended transition: A connection between the pedestrian access route at the level of the sidewalk or pedestrian path and the level of the pedestrian street crossing that has grade in the direction of pedestrian travel of 5 percent or less.
• Breakaway:  A structure that is designed to yield when impacted by a vehicle and has been tested and found acceptable in accordance with NCHRP Report 350.
• Clear zone:  See County Code Section 7.03.020.
• Clackamas County ("County"):  The political subdivision of the State of Oregon providing statutory authority administered through its Board of County Commissioners ("BCC").
• Commercial:  Shall include industrial, multi-family and institutional development.
• Compaction:  The densification of a fill by mechanical means.
• County:  See "Clackamas County".
• County Road Official:  See County Code Section 7.03.020.
• County Surveyor:  See ORS 209.005 (2).
• Cross slope: The slope perpendicular to travel of a road or pedestrian facility.
• Crosswalk: Under ORS 810.220 a crosswalk is a legally defined area for pedestrian crossing of the surface of a roadway and may be marked or unmarked.
• Cul-de-sac:  A short street having one end open to traffic and the other temporarily or permanently terminated by a vehicle turnaround at or near the terminus.
• Curb ramp: A ramp that cut through or is built up to the curb. Curb ramps can be perpendicular or parallel to the curb or a combination of parallel and perpendicular ramps.
• Dead end:  A road without an exit.
• Dedication:  The designation and gift of land by its owner.  In the context of this document, it is the perpetual easement for right-of-way purposes to the public.
• Design speed:  The speed approved for the geometric and roadside design of the physical features of a road.
• Developer:  See "Applicant."
• Development Permit:  A permit issued to address major work or activities in a right-of-way under the jurisdiction of Clackamas County and/or to address improvements on private property that are required as part of land use.
• Ditch:  An excavation dug in the earth used to convey water.
• Drainage facilities:  The physical elements used to convey, absorb, or store runoff such as pipes or channels, and detention or retention ponds or bio-swales.
• Driveway ("entry", "entrance", or "access"):  A private road on private property that is maintained with private funds.
• Driveway, shared access:  A road which is on private property in an easement and which is maintained with private funds, generally considered to provide practical and legal access to multiple properties.
• Easement:  See ZDO.
• Engineer:  A Professional Engineer with Civil Engineering expertise holding a valid license from the State of Oregon.
• Engineering:  The County Department of Transportation and Development ("DTD") office of Engineering formed by the Board of Commissioners and administrating the DTD ordinances and related issues within unincorporated Clackamas County.
• Engineering Geologist:  A registered Professional Geologist holding a valid license from the State of Oregon.
• Entrance Permit (aka "Entry Permit", "Driveway Permit"):  See "Entry Permit" of County Code Section 7.03.020.
• Fixed object:  See County Code Section 7.03.020.
• Frontage improvements:  Required improvements along an applicant's property frontage.
• Functional classification:  The hierarchy of roadways in descending order of mobility, traffic volume and design speed, and ascending order of access:  Freeway/Expressway, Major Arterial, Minor Arterial, Collector, Connector, and Local.  Functional classifications of individual roadways can be found on Maps V-2a and V2-b of the Clackamas County Comprehensive Plan.  Descriptions of each functional classification can be found on Table V-2 and Table V-3 of the Comprehensive Plan. 
• Grade:  See ZDO.
• Grade break: The line where two surface planes with different grades meet.
• Intersection:  The point where a public roadway or private roadway intersects with a public roadway, private roadway or driveway.
• Intersection sight distance ("ISD"):  The distance that a motorist can see approaching traffic when entering or exiting a roadway at an intersection. 
• Landing:  A generally flat road or driveway approach to any public or private road.  Also, the generally flat area at the back of the sidewalk ramp, typically four feet wide for sidewalk ramps.
• Landscape screening: Plantings, shrubbery, bushes or other foliage intended to screen the base of a wireless telecommunication facility from public view.
• Land Surveyor:  A Professional Land Surveyor holding a valid license from the State of Oregon.
• Low impact development (LID):  An innovative ecosystem based approach to storm water management that results in fewer environmental impacts.
• Pedestrian access route: A prepared surface provided for pedestrian travel within the public right-of-way, including sidewalks and multiuse paths. 
• PROWAG: Public Right-of-Way Accessibility Guidance as set forth under Section 1190.1 of the Americans with Disabilities Act of 1990 and adopted by federal agencies for implementing the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act and the Architectural Barriers Act.
• Public utility:  See ZDO.
• Public utility easement ("PUE"):  An easement for the use of a Public Utility.  The use of the PUE shall include telecommunications as per ORS 758.035.
• Ramp slope: The grade of a curb ramp parallel to the direction of pedestrian travel.
• Recoverable slope:  A slope on which the driver of an errant vehicle can regain control of the vehicle.  Slopes of 4H:1V or flatter in the foreslope and 3:1 in the backslope are considered recoverable.
• Right-of-way ("ROW"):  See ZDO.
• Right-of-Way Permit:  A permit issued to address minor work or activities in a right-of-way under the jurisdiction of Clackamas County.
• Road:  See ZDO.
• Road, county:  See ZDO.
• Road, private:  See ZDO.
• Road, public:  See ZDO.
• Roadway:  See ZDO.
• Road Official:  See County Road Official
• Running slope: The grade of a Pedestrian Access Route that is parallel to the direction of pedestrian travel. In reference to a curb ramp the term Ramp Slope is also used.
• Rural:  Those unincorporated County areas outside the current designated Urban Growth Boundary (UGB).
• Shoulder:  The paved or compacted graveled portion of the roadway outside the traveled portion of the roadway that is available for emergency parking or non-motorized use. 
• Sidewalk:  See ZDO.
• Stopping sight distance ("SSD"):  The minimum sight distance available on a roadway to enable a vehicle traveling at or near the design speed to stop before reaching a stationary object in its path. 
• Storm drainage system:  A means to control storm water through natural or constructed elements by conveyance, absorption, or storage.
• Street:  See ZDO.
• Temporary:  Lasting for a limited time.
• Traffic Engineer:  A Professional Engineer with traffic engineering expertise or a Professional Traffic Engineer holding a valid license from the State of Oregon.
• Traveled portion of the roadway:  See County Code Section 7.03.020.
• Trip generation:  The number of vehicle trips generated by a particular land use.
• Urban:  Those areas within the current designated Urban Growth Boundary ("UGB") as designated by Metro. 
• Utilities:  Any water, gas, sanitary or storm sewer, electrical, telephone, drainage way, wire, or television communication service and all persons, companies, districts or governmental agencies supplying the same.
• Utility Permit:  See County Code Section 7.03.020
• Very low volume:  A roadway with a 20 year projected volume of 400 ADT or less or an intersection with a 20 year projected entering volume of 400 ADT or less.

Abbreviations

• AASHTO: American Association of State Highway and Transportation Officials
• ADA: Americans with Disabilities Act
• ADT: Average daily traffic
• APWA: American Public Works Association
• ASTM: American Society for Testing and Materials
• BCC: Clackamas County Board of County Commissioners
• CRC: Clackamas Regional Center
• DTD: Clackamas County Department of Transportation and Development
• EOR: Engineer of Record
• FHWA: Federal Highway Administration
• ISD: Intersection sight distance
• ITE: Institute of Transportation Engineers
• MPH: Miles per hour
• MUTCD: Manual on Uniform Traffic Control Devices
• ODOT: Oregon Department of Transportation
• PI: Point of intersection
• PC: Point of curvature
• PT: Point of tangency
• SSD: Stopping sight distance
• UGB: Urban Growth Boundary

1003.01 Purpose

A. To protect lives and property from natural or man-induced geologic or hydrologic hazards and disasters.

B. To protect property from damage due to soil hazards.

C. To protect lives and property from forest and brush fires.

D. To avoid financial loss resulting from development in hazard areas.

1003.02 Standards and Criteria for Mass Movement Hazard Area Development

A. No development or grading shall be allowed in areas of land movement, slump or earth flow, or mud or debris flow, unless approved in a Type II application pursuant to Section 1307, Procedures. Unless the criteria for such development as listed in Subsection 1003.02(B) are satisfied in the review of another approved Type II application pursuant to Section 1307, a mass movement hazard area development permit is required for development in areas of land movement, slump or earth flow, or mud or debris flow.

B. Approval Criteria:

1. An engineering geologic study shall be required for development proposed on slopes of twenty (20) percent or greater.

2. An engineering geologic study shall be required, regardless of the slope of the site proposed for development, unless there is stabilization of the identified hazardous condition based on established and proven engineering techniques which ensure protection of public and private property. Appropriate conditions of approval of development approved under this subsection may be attached by the County.

3. The engineering geologic study required by Subsections 1003.02(B)(1) and (2) shall establish that the site is stable for the proposed use and development. The study shall include the following:

a. Index map;

b. Project description, to include: Location; topography; drainage; vegetation; discussion of previous work; and discussion of field exploration methods;

c. Site geology, to include: Site geologic map; description of bedrock and surficial materials including artificial fill; location of any faults, folds, etc.; and structural data including bedding, jointing, and shear zones; and

d. Discussion and analysis of any slope stability problems.

e. Discussion of any offsite geologic conditions that may pose a potential hazard to the site or that may be affected by onsite development.

f. Suitability of site for purposed development from geologic standpoint.

g. Specific recommendations for cut slope stability, seepage and drainage control, or other design criteria to mitigate geologic hazards.

h. If deemed necessary by the engineering geologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include: cross sections showing subsurface structure; graphic logs of subsurface explorations; results of laboratory test; and references.

i. Signature and certification number of an engineer or engineering geologist registered in the State of Oregon.

j. Additional information analyses as necessary to evaluate the site.

C. Vegetative cover shall be maintained or established for stability and erosion control purposes.

D. Diversion of storm water into these areas shall be prohibited.

E. The principal source of information for determining mass movement hazards is the State Department of Geology and Mineral Industries (DOGAMI) Bulletin 99 and accompanying maps. Approved site-specific engineering geologic studies shall be used to identify the extent and severity of the hazardous conditions on the site, and to update the mass movement hazards data base.

1003.03  Standards for Flood Hazard Areas

A. Development proposed in flood hazard areas, in addition to provisions of Section 703, shall be limited to the extent that:

1. Clearing, stripping of vegetation and coverage of the site by roads and structures shall be no more than necessary to maintain water quality and meet the provisions of Section 1011.

2. Site buildings to minimize alteration of terrain and other natural features.

1003.04 Standards for Soil Hazard Areas

A. Appropriate siting and design safeguards shall insure structural stability and proper drainage of foundation and crawl space areas for development on land with any of the following soil conditions: Wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock.

B. The principal source of information for determining soil hazards is the State DOGAMI Bulletin 99 and accompanying maps. Approved site specific soil studies shall be used to identify the extent and severity of the hazardous conditions on the site, and to update the soil hazards data base accordingly.

1003.05 Standards for Fire Hazard Areas

A. Development in areas with the potential for forest or brush fires shall be designed:

1. To provide adequate water storage and pressure for purposes of maintaining minimum flows for fire protection.

2. To provide, in cooperation with local fire districts, fire hydrants appropriate to the intensity and type of development.

3. So that dwellings are not sited in areas subject to extreme fire hazard, such as areas of heavy fuel concentration, draws, etc.

4. To provide for other methods of fire protection and prevention appropriate to the location and type of development, utilizing techniques recommended by the Oregon State Forestry Department.

[Amended by Ord. ZDO-280, 10/23/21]

1205.01 Purpose and Applicability

Section 1205 is adopted to provide standards, criteria, and procedures under which a variance to a dimensional standard of this Ordinance may be approved.  However, a variance is prohibited to the following dimensional standards:

A. The minimum lot size standards in the RA-2, RR, FU-10, EFU, TBR, and AG/F Districts;

B. The two-acre minimum lot size standard in the RRFF-5 District and the two-acre minimum lot size standard for planned unit developments in the FF-10 District;

C. The 20-acre minimum lot size standard inside the Portland Metropolitan Urban Growth Boundary in the RA-1, RA-2, RRFF-5, FF-10, RC, and RI Districts. 

D.   The fuel-free break standards of Subsection 406.08;

E. The maximum building floor space standards in the HC, HD, HL, HR, MRR, RTC, RC, and RI Districts;

F. Dimensional standards established in Sections 703 through 710, 712, and 713.

1205.02 Approval Criteria

A variance to a dimensional standard of this Ordinance requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria: 

A. If the proposed variance is to any of the following standards, it shall not reduce the minimum by more than 10 percent; however, the 10-percent limit does not apply to the partition of a lot of record that is divided by a public road:

1. Minimum lot size;

2. Minimum average lot size; and

3. District land area.

B. Compliance with the applicable dimensional standard of this Ordinance would create a hardship due to one or more of the following conditions:

The physical characteristics of the land, improvements, or uses are not typical of the area.  When the requested variance is needed to correct an existing violation of this Ordinance, that violation shall not be considered as a condition "not typical of the area".

The subject property cannot be developed to an extent comparable with other similar properties in the area if the standard is satisfied.  

The subject property is an Urban Low Density Residential, RA-1, RRFF-5, FF-10, or HR District, the requested variance is to the minimum lot size standard, and more than 50 percent of the lots of record that are within one-half mile of the subject property and located in the same zoning district as the subject property are smaller than the minimum lot size standard.

Compliance with the standard would eliminate a significant natural feature of the subject property. 

Compliance with the standard would reduce or impair the use of solar potential on the subject property or adjacent properties.

C. Strict adherence to the dimensional standard is unnecessary because the proposed variance from the standard will reasonably satisfy all the following objectives:

Will not adversely affect the function or appearance of the development and use on the subject property;

Will not impose limitations on other properties and uses in the area, including uses that would be allowed on vacant or underdeveloped properties; and

Will result in the minimum variance needed to alleviate the hardship.

D.   The proposed variance is consistent with the applicable goals and policies of the Comprehensive Plan.

Approval Period and Time Extension

Approval of a variance is valid for four years from the date of the final decision.  If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision.  During this four-year period, the approval shall be implemented, or the approval will become void.

1. For a variance directly related to an application for a partition or subdivision, implemented means that the final plat of the partition or subdivision shall be recorded with the County Clerk.

2. For any other variance, implemented means all major development permits shall be obtained and maintained, or if no major development permits are required to complete the development contemplated by the approved variance, implemented means all other necessary County development permits (e.g., grading permit, building permit for an accessory structure) shall be obtained and maintained. A major development permit is:

a. A building or manufactured dwelling placement permit for a new primary structure that was part of the variance approval; or

b. A permit issued by the County for parking lot or road improvements that were part of the variance approval.

B. If the approval of a variance is not implemented within the initial approval period established by Subsection 1205.03(A), a two-year time extension may be approved pursuant to Section 1310, Time Extension.

[Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-248; 10/13/14; Amended by Ord. ZDO-253, 6/1/15; Amended by Ord. ZDO-266, 5/23/18]

1001.01 Purpose

Section 1000, Development Standards, is adopted to implement policies in the Comprehensive Plan that are applicable to new development and thereby ensure that land is:

1. Used efficiently to support broad-based economic development and the adequacy of housing and public services;
2. Developed in an environmentally sustainable and aesthetically appealing manner;
3. Supplied with public facilities sufficient to meet demand; and
4. Served by a safe, convenient, multimodal, and interconnected transportation system.

1001.02 General Standards

1. Redevelopment of a manufactured dwelling park with a different use is subject to Subsection 825.02.
2. A building consisting of only a basement shall not be used as a dwelling.
3. A manufactured dwelling shall not be attached to another dwelling.
4. A manufactured dwelling shall not be allowed as an accessory structure, except where such accessory structure is a dwelling unit permitted by this Ordinance.

1001.03 Applicability

Section 1000 applies to all development, as identified in Table 1001-1, Applicability of Section 1000. If a section is identified as applicable with a "✓" in Table 1001-1, it does not necessarily mean that every subsection within that section will apply; rather, each applicable section must be reviewed to determine which, if any, provisions in that section are applicable to the proposed development.

[Amended by Ord. ZDO-224, 5/31/2011; Amended by Ord. ZDO-231, 1/31/2012; Amended by Ord. ZDO-245, 7/1/2013; Amended by Ord. ZDO-250, 10/13/2014; Amended by Ord. ZDO-266, 5/23/2018; Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-282, 7/1/2022; Amended by Ord. ZDO-285, 9/3/2024; Amended by Ord. ZDO-288, 9/9/2024]
 

Table 1001-1: Applicability of Section 10001

1 Where specific subsections are not identified in this table, an applicable section must be reviewed to determine which provisions in that section apply to the proposed development.
2 Stormwater management facilities permitted as an accessory or primary use; utility cabinets that comply with Section 830, Utility Cabinets; utility facilities in road rights-of-way; and utility lines are not subject to Section 1000.
3 Level one through three mobile vending units are not subject to Section 1000, except as set forth in Section 837, Mobile Vending Units. 
4 Subsection 1002.09 also applies to accessory structures.

704.01 Purpose

Section 704 is adopted to:

1. Maintain the integrity of the rivers and streams in the County by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential;
2. Maintain rivers in their natural state to the maximum extent practicable, thereby recognizing their natural, scenic, historic, economic, cultural, and recreational qualities; and
3. Implement the River Design Plans set forth in Chapter 3 of the Comprehensive Plan.

704.02 Definitions

Unless specifically defined in Subsection 704.02, words or phrases used in Section 704 shall be interpreted to give them the same meaning as they have in common usage and to give Section 704 its most reasonable application.

1. Composite Bank Stabilization: A combination of structural and nonstructural bank stabilization methods that includes a revetment of rock with a natural vegetation cover or overlay.
2. Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or any other activity which results in the removal of substantial amounts of vegetation or in the alteration of natural site characteristics.
3. Mean High Water Line: The bank of any river or stream established by the annual fluctuations of water generally indicated by physical characteristics such as a line on the bank, changes in soil conditions, or vegetation line.
4. Nonstructural Bank Stabilization: The placement of natural vegetation—to include a filter fabric if desired—along a shoreline for the primary purpose of bank stabilization.
5. Structural Bank Stabilization: The placement of a manmade, concrete wall or revetment of rock along a shoreline for the primary purpose of bank stabilization.

704.03 Area of Application

1. Section 704 applies to land that is generally within a quarter mile of the mean high water line of the Clackamas, Sandy/Salmon, Molalla/Pudding, Roaring, Tualatin, and Zig Zag Rivers. These lands are classified as Principal River Conservation Areas and are identified on Comprehensive Plan Maps III-1a, Principal River Conservation Area Clackamas River Design Plan, III-1b, Principal River Conservation Area Sandy-Salmon River Design Plan, III-1c, Principal River Conservation Area Molalla River Design Plan, III-1d, Principal River Conservation Area Tualatin River Design Plan, and III-2, Scenic & Distinctive Resource Areas. The location of these rivers may vary from these maps, if more specific information is provided.
2. Section 704 also applies to land that is located within 100 feet of the mean high water line of large Type F streams, except principal rivers identified in Subsection 704.03(A), identified on Water Protection Rule Classification (WPRC) Maps compiled pursuant to OAR 629-635-000 and adopted as part of the Comprehensive Plan. The location of these streams may vary from these maps if more specific information is provided. Classified as Stream Conservation Areas (SCAs), these large streams are designated in the Comprehensive Plan as those that generally have annual average flows of 10 cubic feet per second or greater.
3. Section 704 also applies to land that is located within 70 feet of the mean high water line of medium Type F streams, identified on the WPRC Maps. The location of these streams may vary from these maps if more specific information is provided. Classified as SCAs, these medium streams are designated in the Comprehensive Plan as those that generally have annual average flows of greater than two cubic feet per second and less than 10 cubic feet per second.
4. Section 704 also applies to land that is located within 50 feet of the mean high water line of small Type F streams, identified on the WPRC Maps. The location of these streams may vary from these maps if more specific information is provided. Classified as SCAs, these small streams are designated in the Comprehensive Plan as those that generally have annual average flows of less than two cubic feet per second.
5. The provisions of Section 704 are in addition to those requirements of the State Scenic Waterways Act, Omnibus Oregon Wild and Scenic Rivers Act of 1988, and the Federal Wild and Scenic Rivers Act of 1968. In those areas so designated, the requirements of the County shall be administered subject to the application requirements of Subsection 704.08 and prevail when they are more restrictive than state and federal standards.
6. Notwithstanding Subsections 704.03(A) through (E), Section 704 does not apply to land that is inside the Metropolitan Service District Boundary or the Portland Metropolitan Urban Growth Boundary, nor does it apply to Oregon Department of Fish and Wildlife, or other state or federally approved, fish enhancement projects.

704.04 River and Stream Setbacks

The following minimum setbacks shall apply to structures exceeding 120 square feet or 10 feet in height:

1. Structures shall be located a minimum of 100 feet from the mean high water line of a principal river. This minimum setback may be increased up to 150 feet from the mean high water line to lessen the impact of development. In determining the minimum setback, the following shall be considered:
   1. The size and design of any proposed structures;
   2. The width of the river;
   3. The topography of the land between the site and the river;
   4. The type and stability of the soils;
   5. The type and density of existing vegetation between the site and the river;
   6. Established recreation areas or areas of public access; and
   7. Visual impact of any structures.
2. Structures shall be located a minimum of 100 feet from the mean high water line of a large stream.
3. Structures shall be located a minimum of 70 feet from the mean high water line of a medium stream.
4. Structures shall be located a minimum of 50 feet from the mean high water line of a small stream.

704.05 Setback Exceptions

1. The following uses are exempt from the minimum setback standards of Subsection 704.04:
   1. Residential lots of record where lot depth precludes compliance with the setback standards of Subsection 704.04, provided that:
      1. Structures shall be sited the maximum distance from the mean high water line which meets the setback and other standards of the underlying zoning district; and
      2. The footprint of structures shall not exceed 25 percent of the lot area; Repairs, additions, alterations to, or replacement of structures, roadways, driveways, or other development, which is located closer to a river or stream than permitted by the setback requirements of Subsection 704.04, provided that such development does not encroach into the setback any more than the existing structures, roadways, driveways, or other development; Water dependent uses such as private boat docks, marinas, or boat ramps, provided that structures shall be muted earth tones and any structure shall be the minimum size necessary to accommodate the use; Uses such as roads, bridges, culverts, pipes, and power lines that are necessary
   2. for crossing streams, provided they do not create barriers to fish movement and that adverse impacts are mitigated;
   3. Water impoundments, diversions, detention and retention facilities, and hydroelectric facilities; and
   4. Structural, nonstructural, and composite bank stabilization, provided that structural bank stabilization shall only be approved if:
      1. Structural bank stabilization is required to protect existing structures;
      2. Nonstructural bank stabilization will be insufficient to adequately protect existing structures; and
      3. The structural bank stabilization will utilize composite bank stabilization.
2. In addition to the exemptions listed in Subsection 704.05(A), the minimum setback standards of Section 704 may be modified for purposes consistent with the adopted Economic, Social, Environmental, and Energy analyses for the applicable watershed.

704.06 Development Standards

1. The maximum height of a dwelling or a structure accessory to a dwelling shall be 35 feet, if the dwelling or accessory structure can be seen from a principal river.
2. Commercial or industrial facilities, such as structures, parking areas, and storage areas shall comply with Subsection 704.04, and signs shall be screened from view of the Principal River or Stream Conservation Area by an opaque vegetation buffer. These facilities shall be subject to design review, pursuant to Section 1102.
3. Subdivisions and partitions shall be designed, where possible, to allow compliance with Section 704.

704.07 Vegetation Preservation Requirements

1. A minimum of 75 percent of the setback area (distance) shall be preserved with native vegetation.
2. Tree cutting and grading shall be prohibited within the buffer or filter strip, with the following exceptions:
   1. Trees that endanger life or structures may be removed.
   2. Tree cutting and grading may be permitted in conjunction with those uses listed in Subsections 704.05 and 704.06, to the extent necessary to accommodate those uses. Disturbed areas that are outside the footprint of structures and other improvements shall be restored with native vegetation.
   3. Vegetation removal may occur when approved by the Oregon Department of Fish and Wildlife, upon written notification that such removal is required as part of a river or stream enhancement project.
3. Commercial forest activities and harvesting practices outside an urban growth boundary shall be subject to the Oregon Forest Practices Act. Commercial forest harvesting activities inside an urban growth boundary shall be reviewed pursuant to the Forest Policies of the Comprehensive Plan.

704.08 Submittal Requirements

In addition to the submittal requirements identified in Subsection 1307.07(C), an application filed pursuant to Subsection 704.09 shall include:

1. A site plan showing existing vegetation and development, and locations of proposed development or tree-cutting activity;
2. Elevations of any proposed structures;
3. Exterior materials list for any proposed structures, including type and colors of siding and roofing;
4. Cross-section of any area within the vegetative buffer or filter strip where grading, filling, or excavating will occur; and
5. A stream buffer restoration plan showing the location, number, and species of native trees and vegetation to be planted.

704.09 Administration of Section 704

1. Development and tree-cutting activities controlled by Section 704 in a Principal River Conservation Area (PRCA) shall be reviewed to ensure consistency with Section 704. Proposed developments on lands within 150 feet of the mean high water line shall be reviewed through a Type II application pursuant to Section 1307. For lands beyond 150 feet of the mean high water line, notice shall be sent to the U.S. Forest Service and Bureau of Land Management.
2. Development and grading permits in a Stream Conservation Area (SCA) shall be reviewed through a Type II application pursuant to Section 1307.
3. Approval of a PRCA or SCA permit is valid for four years from the date of the final written decision. If the County's final written decision is appealed, the approval period shall commence on the date of the final appellate decision.
4. During this four-year period, the approval shall be implemented, or the approval will become void.
   1. "Implemented" means all major development permits shall be obtained and maintained, or if no major development permits are required to complete the development contemplated by the approved PRCA or SCA permit, "implemented" means all other necessary County development permits (e.g. grading permit, building permit for an accessory structure) shall be obtained and maintained.
      1. A "major development permit" is:
         1. A building or manufactured dwelling placement permit for a new primary structure that was part of the PRCA or SCA permit approval;
            or
         2. A permit issued by the County Engineering Division for parking lot or 704-5
5. road improvements that were part of the PRCA or SCA permit approval. If the approval of a PRCA permit is not implemented within the initial approval period established by Subsection 704.09(C), a two-year time extension may be approved pursuant to Section 1310.

[Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-248, 10/13/14]