Building/Industrial
Council
Statewide
Planning Goals
Metro Urban Growth Plan
National Marine Fisheries Service (NMFS)
4(d) Rule, Goal 5
AGC's Position on Land
Use
LAND
USE GLOSSARY OF TERMS AND ACRONYMS
ACOE—Army Corps of Engineers
Balanced Cut and Fill—no net increase in fill
within the floodplain.
Biological Assessment—Information prepared by
or under the direction of the lead federal agency
concerning listed and proposed species and designated
and proposed critical habitat that may be present in the
action [i.e., project] area and the evaluation of
potential effects of the action on such species and
habitat [50 CFR 404.02]; this assessment would be
evaluated by the federal agency and the results
potentially incorporated into a Biological Opinion.
Biological Opinion—Part of the Section 7
consultation process, a written statement provided to
the affected federal agency that details how the
reviewed action affects the species or its critical
habitat. If jeopardy or adverse modification or critical
habitat is found to be a result of the activity, the
opinion will contain suggestions for reasonable and
prudent alternatives for that action which would
minimize its impacts and allow the activity to proceed
[Endangered Species Habitat Conservation Planning
Handbook].
Boldt Decision—The decision arising from the
court case United States v. Washington (1974)
which established that the tribal harvest treaty right
is for 50% of the harvestable amount of each run of fish
returning to tribal usual and accustomed fishing
areas. This case included elements regarding habitat
which remain to be adjudicated, commonly referred to
collectively as "Boldt Phase 2." As a result
of this decision, treaty tribes share co-management
authority and responsibility with non-Indian fishery
managers. "Boldt" comes from the name of the
judge who presided over the case, George Boldt.
BOMA—Building Owners and Managers Association—an
association of building owners in the greater Portland
area
CCA—Columbia Corridor Association—an
association of business interests located along the
Oregon side of the Columbia River stretching from
Rivergate in the west to the eastern end of Airport Way
Candidate Species—Under US Fish and Wildlife
Service regulations, "those species for which the
Service has on file sufficient information on biological
vulnerability and threat(s) to support proposals to list
them as endangered or threatened species [but] [p]roposal
rules have not yet been issued because this action is
precluded….". For those species under the
jurisdiction of NMFS, this term refers to a species for
which concerns remain regarding their status, but for
which more information is needed before they can be
proposed for listing. Species protections, e.g.,
prohibitions on take, provided by the ESA do not apply
to candidate species [Endangered Species Habitat
Conservation Planning Handbook].
Citizen Suit (ESA Section 11) —A civil suit
filed to force the proper implementation of the ESA or
to stop the activity of any person, including the United
States and any other governmental body or agency, who is
alleged to be in violation of any part of the ESA or a
regulation issued under its authority. Any citizen can
file a third party lawsuit regarding ESA implementation.
Comprehensive Plan—the all inclusive,
generalized, coordinated land us map and policy
statement of cities and counties defined in ORS
197.015(5)
Conference (ESA Section 7)—Between the time a
species is proposed for listing and a final listing
decision, all federal agencies shall confer with the
lead federal agency on any of their actions likely to
jeopardize the continued existence of any species
proposed to be listed or destroy or adversely modify its
proposed critical habitat. These informal discussions
include recommendations to minimize or avoid adverse
impacts of the actions.
Consultation Procedure (ESA Section 7)—After a
listing decision is made final, all federal agencies
shall, in consultation with the lead federal agency,
ensure that any action they authorize, fund, or carry
out is not likely to jeopardize the continued existence
of the listed species or destroy or adversely modify its
critical habitat. If the listing agency finds
that an action will cause the take of a listed
species, it must propose mitigations or "reasonable
and prudent" alternatives to the action. If the
proponent rejects these alternatives, the action cannot
proceed., Issuance of an Incidental Take Permit -
necessary for undertaking any otherwise legal action
without a federal link that could result in the
non-purposeful take of the species – is a
federal action subject to the consultation process.
CREEC—Commercial Real Estate Economic Coalit ion—an
association of businesses and other associations in the
greater Portland area that is organized to respond to
regulatory and legislative issues of concern to its
members (ie land use, environmental, economic
development)
Critical Habitat (ESA (Section 4) —The specific
areas within the geographical area occupied by the
species, when it is listed, which contain the physical
or biological features 1) essential to the conservation
of the species and 2) which may require special
management consideration
for protection. Critical
habitat may also include specific areas outside the
geographical area occupied by the species when it is
listed if those areas are essential for the conservation
of the species [ESA Section 3(5A)]. Critical habitat is
described and designated by the lead federal regulatory
agency making status determinations for a species.
Designations usually accompany final listing decisions,
but may be delayed to allow comprehensive review of the
necessary technical data.
Cumulative Effect—Under NEPA regulations, the
incremental environmental impact or effect of an action
together with the effects of past, present, and
reasonably foreseeable future actions, regardless of
what agency or person undertakes such other actions [40
CFR 1508.7]. Under ESA Section 7 regulations, the
effects of future state or private activities not
involving federal activities, that are reasonably
certain to occur within the action area of the federal
action subject to consultation (50 CFR 402.02].
CWA—Clean Water Act
DEQ—Oregon Department of Environmental Quality.
The agency responsible for land use policies regarding
clean air and water, hazardous materials.
DFW—Washington Department of Fish &
Wildlife
DSL—The Division of State Lands (DSL) is the
administrative agency of the State
Land Board, handling the day-to-day work of the
Board in managing the land and other resources dedicated
to the Common
School Fund. DSL also is a regulatory agency,
responsible for administration of Oregon's Removal-Fill
Law.
Distinct Population Segment (DPS) —A
portion of the overall population of a species which is
both a discrete and significant part of that population.
"Discrete" means that the group in question is
separated from others due to physical, physiological,
ecological, or behavioral factors, or if it is separated
by a jurisdictional boundary that denotes significant
differences in protective mechanisms for the species.
"Significant" means that at least: 1) the
discrete group in question persists in an ecological
setting unusual or unique for the species; 2) loss of
the discrete group would create a significant gap in the
range of the species; 3) the discrete group represents
the only natural occurrence of a species that may be
more abundant elsewhere as an introduced population
outside its historic range; or 4) the genetics of the
discrete group differ markedly from that of other
populations of the species. This term is used by USFWS
in its status determinations for inland salmonid
populations [ 61 FR 4721 ].
DOE—Washington Department of Ecology
DPS—Distinct Population Segment
Endangered Species— " . .
.any species [including subspecies or qualifying
distinct population segment] which is in danger of
extinction throughout all or a significant portion of
its range." [ESA Section 3(6)]. The lead federal
agency for the listing of a species as endangered is
responsible for reviewing the status of the species on a
five-year basis.
ESA—Endangered Species Act-The Federal
legislation under which species of plants and animals
are listed and protected.
ESA 4(d) Rule—The protective rule promulgated
by the lead federal agency at the time it makes a final
decision to list a species as threatened. This rule is
developed only for a single species at a time. The
content of a 4(d) rule may be a restatement of Section
9(a) prohibitions on take of a species, but also may
specify activities which have been determined to be
adequately regulated and therefore can be given legal
coverage for the incidental take of the listed species.
Escapement—The number of fish that have
survived all causes of mortality and will make up the
spawning population.
Essential Fish Habitat (EFH)—Those waters and
substrate necessary to fish for spawning, breeding,
feeding, or growth to maturity; within this definition, waters
include aquatic areas and their associated physical,
chemical, a."1d biological properties that are used
by fish and may include aquatic areas historically used
by fish where appropriate; substrate includes
sediment, hard bottom, structures underlying the waters,
and associated biological communities; necessary means
the habitat required to support a sustainable fishery
and the managed species' contribution to a healthy
ecosystem; and spawning, breeding, feeding, or growth
to maturity covers a species' fu111ife cycle; this
concept originated in the 1996 amendments to the
Magnuson-Stevens Fishery Conservation and Management
Act; current efforts to define EFH are underway for
groundfish and Pacific salmon [62 FR 66531
Evolutionarily Significant Unit (ESU)—A
population or group of populations of salmon that: 1) is
substantially reproductively isolated from other
populations and 2) contributes substantially to the
ecological/genetic diversity of the biological species.
This term is used by NMFS in its status determinations
for anadromous salmon populations [61 FR 4721].
Extinct Species—A species no longer present in
its original range or as a distinct species elsewhere
[Salmon and Steelhead Stock Inventory].
Factors for Decline—Specific land management
activities, resource management strategies, or
environmental conditions that directly or indirectly
affect a salmon stock or its habitat in a manner that
reduces its population size.
FEMAT—Forest Ecosystem Management Protection
Agency
Fish and Wildlife Habitat Conservation Area—the
area defined on the Metro Water Quality and Flood
Management Area Map. These include all Water Quality and
Flood Management Areas that require regulation in order
to protect fish and wildlife habitat. This area has been
mapped to generally include the area 200 feet from top
of bank of streams in undeveloped areas with less than
25% slope, and 100 feet from edge of mapped wetland on
undeveloped land.
Flood Management Area—all lands contained
within the 100-year flood plain, flood area and floodway
as shown on the Federal Emergency Management Agency
Flood Insurance Maps and the area of inundation for the
February 1996 flood. In addition, all lands which have
documented evidence of flooding.
GMA—Growth Management Act, State of Washington
Habitat—The location where a particular species
(or identified subspecies) of plant or animal lives and
its surroundings, both living and non-living. Habitat
includes the presence of a group of particular
environmental conditions surrounding an organism
including air, water, soil, mineral elements, moisture,
temperature, and topography.
Habitat Conservation Plan (ESA Section 10)—A
planning document that is a mandatory component of an
Incidental Take Permit application, also known as an
"HCP" [ESA Section 10(a)(2)(A)]. This plan,
negotiated by the lead federal agency and the applicant,
specifies the activities that will be covered by the
Incidental Take Permit and how their effects will be
minimized and mitigated. This plan also describes the
geographic limits of the covered activities.
Harm— Defined in regulations implementing the
ESA as an act "which actually kills or
injures" listed wildlife. Harm may include
"significant habitat modification or degradation
where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns,
including breeding, feeding, or sheltering" [50 CFR
17.3].
HCP—Habitat Conservation Plan
ICSC—International Conference of Shopping
Centers—an association of shopping center developers,
owners and economic interests.
Incidental Take—Take of any federally listed
wildlife species that is incidental to, but not the
purpose of, otherwise lawful activities [ESA Section
10(a)(1)(B)]. This is the only type of take of an
endangered species, or a threatened species that is
protected by Section 9 prohibitions on take, that
is legal, and is legal only if the activity resulting in
take is covered under an approved Habitat
Conservation Plan.
Incidental Take Permit (ITP) (ESA Section 10)—A
permit that exempts, for a specified set of activities,
the applicant from the prohibitions on take of a
listed species. This permit can only be issued after the
completion of a Habitat Conservation Plan and allows the
Incidental Take of a species within guidelines
established in the plan. These permits are also referred
to as section 10(a)(1)(B) or section 10 permits
[Endangered Species Habitat Conservation Planning
Handbook].
Indirect Effect—An effect, caused by the
activity in question, that occurs later in time but is
still reasonably certain to occur [50 CFR 402.021;
insufficient accounting for indirect effects can be
grounds for denying an Incidental Take Permit,
but denial must be based upon the likelihood of jeopardy
occurring as a result of the indirect effects of an
activity, not just the existence of indirect effects
[Endangered Species Habitat Conservation Planning
Handbook].
Jeopardy—A determination, reached through the
consultation process, that an activity would be
expected, directly or indirectly, to reduce appreciably
the likelihood of both the survival and recovery of a
listed species in the wild by reducing the reproduction,
numbers or distribution of that species [Coastal Salmon
Conservation - Working Guidance for Comprehensive Salmon
Restoration Initiatives on the Pacific Coast].
LCDC—Land Conservation and Development
Commission—the seven member commission that is
appointed by the governor and confirmed by the senate.
LCDC’s administrative arm is the Department of Land
Conservation and Development (DLCD)
LWD—Large woody debris
Metro—The regional government of the
metropolitan area (Multnomah, Clackamas, Washington
Counties).
Metro
Goal 5 / Fish and Wildlife Habitat Program—The
Metro program designed to meet the requirements of
Statewide Planning Goal 5 by protecting regionally
significant riparian (water) and upland (trees and
open spaces) resources that are critical to fish and
wildlife.
Mitigation—The reduction of adverse effects of
a proposed project by considering, in the following
order: 1) avoiding the impact altogether by not taking a
certain action or parts of an action; 2) minimizing
impacts by limiting the degree or magnitude of the
action and its implementation; 3) rectifying the impact
by repairing, rehabilitating or restoring the effected
environment; 4) reducing or eliminating the impact over
time by preservation and maintenance operations during
the life of the action by monitoring and taking
appropriate measures; and 5) compensating for the impact
by replacing or providing comparable substitute water
quality resource areas.
MPAC—Metro Policy Advisory Committee—a
committee of local government officials that reviews and
provides input into Metro actions prior to the Metro
Council taking action
MTAC—Metro Technical Advisory Committee—a
committee of people with technical expertise in planning
issues that provides input into Metro issues prior to
the review/input by MPAC and Council
NFP—Northwest Forest Plan
NMFS— See NOAA Fisheries
NOAA Fisheries—Formerly
National Marine Fisheries Service. The federal
agency charged with overseeing threatened and
endangered aquatic species.
"No Suprises" Policy—Policy that
guarantees successful Habitat Conservation Plan
applicants that they will not be responsible for
additional conservation or mitigation measures for
species covered under their properly-implemented HCP.
This policy specifies that if the status of a species
addressed under an HCP unexpectedly worsens because of
unforeseen circumstances, the primary obligation for
implementing additional conservation measures would be
the responsibility of the Federal government, other
government agencies, or other non-federal landowners who
have not yet developed an HCP [63 FR 8859].
NPDES—National Pollution Discharge Elimination
System
NWIFC—Northwest Indian Fisheries Commission
ODFW—Oregon Department of Fish and Wildlife—the
department responsible for protecting and enhancing all
Oregon fish and wildlife
Oregon Statewide Planning Goals--Since 1973,
Oregon has maintained a strong statewide program for
land use planning. The foundation of that program is a
set of 19 statewide planning goals. The goals express
the state's policies on land use and on related topics,
such as citizen involvement, housing, and natural
resources. The goals provide a foundation for land use
planning throughout Oregon. The subject of the goals
are: Goal 1 Citizen Involvement; Goal 2 Land Use
Planning; Goal 3 Agricultural Lands; Goal 4 Forest
Lands; Goal 5 Open Spaces, Scenic and Historic Areas and
Natural Resources; Goal 6 Air, Water and Land Resources
Quality; Goal 7 Areas Subject to Natural Disasters and
Hazards; Goal 8 Recreational Need; Goal 9 Economic
Development; Goal 10 Housing; Goal 11 Public Facilities
and Services; Goal 12 Transportation; Goal 13 Energy
Conservation; Goal 14 Urbanization; Goal 15 Willamette
River Greenway; Goal 16 Estuarine Resources; Goal 17
Coastal Shorelands; Goal 18 Beaches and Dunes; Goal 19
Ocean Resources.
Administrative rules regarding each of the goals can
be found at OAR 660 Division 015.
Perennial Streams—all primary and secondary
perennial water ways as mapped by the US Geological
Survey.
PMFC—Pacific Fishery Management Council
Portland
Business Alliance (PBA)—A
newly-formed (in 2002) association that combines the
former Portland Chamber of Commerce, Association for
Portland Progress (APP) and Pacific Northwest
International Trade Association (PNITA).
Properly Functioning Condition (PFC)—State of
the physical, chemical, and biological aspects of
watershed ecosystems which will sustain a healthy
salmonid population(s). Properly functioning condition
generally defines a range of values for several
measurable criteria rather than specific, absolute
values. The range for these values may vary from
watershed to watershed based upon a variety of factors,
e.g., geology, hydrology, and stream geomorphology, and
the improved understanding of how these factors shape
ecosystem functions [Coastal Salmon Conservation -
Working Guidance for Comprehensive Salmon Restoration
Initiatives on the Pacific Coast].
Protected Water Features—divided into two
areas:
Primary Protected Water Features shall include
all Title 3 wetlands: Rivers, streams and drainages
downstream from the point at which 100 acres or more are
drained to that water feature (regardless of whether it
carries year-round flow); and streams carrying
year-round flow; and springs which feed streams and
wetlands and have year-round flow; and natural lakes.
Secondary Protected Water Features shall include
intermittent streams and seeps downstream of the point
at which 50 acres are drained and upstream of the point
at which 100 acres are drained to that water feature.
PSWQA—Puget Sound Water Quality Authority
Recovery—The process by which the decline of an
endangered or threatened species is arrested or
reversed, and threats neutralized so that its survival
in the wild can be ensured. The goal of the ESA is for
the recovery of listed species to levels where
protection under the ESA is no longer necessary [50 CFR
402.02].
Recovery Plan (ESA Section 4)—A plan,
required of the lead federal regulatory agency for a
listing under the ESA, for the conservation and survival
of species listed as endangered or threatened. A
Recovery Plan must contain I) a description of
site-specific management actions necessary for recovery;
2) objective, measurable criteria which when met will
allow delisting of the species; and 3) estimates of the
time required and cost to carry out the recommended
recovery measures. Recovery Plans are drafted for entire
Evolutionarily Significant Units but, if appropriate,
will include recommendations for action at the watershed
scale.
RGF— Responsible Growth Forum—an association of
Clark County businesses organized to deal with growth
management and environmental issues of importance to
business in the area
Riparian Area—The water influenced area
adjacent to a river, lake or stream consisting of the
area of transition from the hydric ecosystem to a
terrestrial ecosystem where the presence of water
directly influences the soil-vegetation complex and the
soil-vegetation complex directly influences the water
body. It can be identified primarily by a combination of
geomorphologic and ecologic characteristics.
RTF—Retail Task Force—a group of businesses
who have economic interests in retail businesses and who
respond to regulatory and legislative issues affecting
them
RUGGOs--Regional Urban Growth Goals and
Objectives were adopted by the council in 1991 and
amended in 1995 to include the Region 2040 Growth
Concept. The RUGGOs provide a policy framework to guide
Metro's planning process.
Salmonid—Any member of the taxonomic family,
Salmonidae, which includes all species of salmon, trout,
and char [Salmon and Steelhead Stock Inventory].
SASSI—Salmon and Steelhead Stock Inventory
Species (ESA Section 3)—Any subspecies of fish
or wildlife or plants, and any distinct population
segment of any species of vertebrate fish or wildlife
which interbreeds when mature.
Stock—The fish spawning in a
particular lake or stream(s) at a particular season,
which to a substantial degree do not interbreed with any
group spawning in a different place, or in the same
place at a different season [Salmon and Steelhead Stock
Inventory].
Substantial Compliance—City and county
comprehensive plans and implementing ordinances, on the
whole, conform with the purposes of the performance
standards in the functional plan and any failure to meet
individual performance standard requirements is
technical or minor in nature.
Take (ESA Section 3) —". . . to
harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such
conduct" with respect to federally listed
endangered species of wildlife. Federal regulations
provide the opportunity to apply take prohibitions to
threatened species as would ordinarily only apply to
endangered species [50 CFR 17.31(a)]. Take of a listed
species includes modifying the habitat of a listed
species in such a way that interferes with essential
behavioral patterns including breeding, feeding or
sheltering.
TFW—Timber, Fish and Wildlife Service
Third Party Lawsuit - (see Citizen Suit)
Threatened Species — ". . . any
species which is likely to become an endangered species
within the foreseeable future throughout all or a
significant portion of its range" [Section 3(19) of
the ESA]. The lead federal agency for the listing of a
species as threatened is responsible for reviewing the
status of the species on a five-year basis.
Title 3 Wetlands—Wetlands of metropolitan
concern as shown on the metro Water Quality and Flood
Management Area Map and other wetlands added to city or
county adopted Water Quality and Flood Management Area
maps consistent with the criteria in Title 3, section
3.07.340(E)(3). Title 3 wetlands do not include
artificially constructed and managed stormwater and
water quality treatment facilities.
Total Maximum Daily Load (TMDL)—A water
quality planning and implementation tool required under
Section 303(d) of the Clean Water Act. This measure
specifies, through the use of a scientifically-based
process, the amount of a pollutant that can be
discharged to a water body without affecting beneficial
uses and mechanisms for ensuring discharges do not
exceed that amount. TMDLs can focus on both point and
non -point sources of pollution, and one watershed may
have a TMDL developed for both simultaneously.
Treaty Rights—Rights of Indian Tribes that were
confirmed in the Stevens Treaties. These rights have
been affirmed by judicial decisions. These rights
include the right of Tribal members to harvest fish
resources throughout their usual and accustomed fishing
areas. Several U.S. Supreme Court Decisions have also
recognized that any rights not specifically given up in
the treaties are rights retained by the Tribes.
UGB—Urban
Growth Boundary. The "hard line" around cities, counties or Metro that
is required by Statewide Planning Goal 14 and which contains urban growth inside
and protects forest and farmland outside.
USFWS—United States Fish and Wildlife Service
Usual and Accustomed Fishing Area (U&A)—Described
in the Boldt decision, the primary area in which a
Treaty Tribe historically fished, has the right to
continue to fish, and participates in management of the
resources fished. Before, during, and after the signing
of the Stevens Treaties the areas fished by the Tribes
were well-documented sites held either Tribally or by
families. Depending upon family connections and wealth
some Tribes had a wider range than that of other Tribes,
allowing them more and broader areas in which they
gathered fish. U&As for various Tribes may overlap.
Water Quality and Flood Management Area—An area
defined on the Metro Water Quality and Flood Management
Area Map. These are areas that require regulation in
order to mitigate flood hazards and to preserve and
enhance water quality. This area has been mapped to
generally include the following: stream or river
channels, known and mapped wetlands, areas with
flood-prone soils adjacent to the stream, floodplains,
and sensitive water areas. The sensitive water areas are
generally defined as 50 feet from top of bank of streams
for areas of less than 25% slope, and 200 feet from top
of bank on either side of the stream for areas greater
than 25% slope, and 50 feet from the edge of a mapped
wetland.
Water Resource Inventory Area - (WRIA)—A
geographic area, defined by hydrologic boundaries on the
basin and sub-basin scale, designated by the state as a
way to describe administrative units for resource
management; the state comprises 63 WRIAs, with those
adjacent to bodies of saltwater customarily including a
major river drainage and nearby smaller drainages.
Westside Economic Alliance— An
association of businesses and economic development interests located in Washington County
Wetlands—Those areas inundated or saturated by
surface or ground water at a frequency and duration
sufficient to support and under normal circumstances do
support a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas.
Wetlands are those areas identified and delineated by a
qualified wetland specialist as set forth in the 1987
Corps of Engineers Wetland Delineation Manual.
Wild Native Salmon—A salmon
produced through natural spawning and rearing in the
natural habitat in its original range and that has not
been substantially impacted by genetic interactions with
non-native fish [Salmon and Steelhead Stock Inventory].
WRIA—Water Resource Inventory
Area
Critical Sections of the ESA
Section 2 – Findings, Purpose and Policy: Provides
critical context for all local work on ESA response and
an indication of the legislative intent behind the Act.
Section 4 – Determination of Endangered Species and
Threatened Species: Provides guidance regarding the
promulgation of protective rules (e.g.,4(d) rules)
the steps within the listing determination process, the
designation of critical habitat, and recovery
plans.
Section 7 – Interagency Cooperation: Provides
guidance regarding the conference and consultation
process that focus on activities involving federal
agencies, the issuance of biological opinions,
and exemptions for federal agency actions.
Section 9 – Prohibited Acts: Provides guidance
regarding activities determined to result in take.
Section 10 – Exceptions: Provides guidance
regarding the issuance of incidental take permits
and the development of habitat conservation plans.
Section 11 – Citizen Lawsuits: Provides
guidance regarding third party lawsuits,
civil and criminal penalties, and enforcement.
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