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 © 2008 AGC Oregon-Columbia Chapter
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Wilsonville, Oregon 97070
Phone: 503-682-3363 - 800-826-6610
Fax: 503-682-1696

 

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 Coalition—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.

UGBUrban 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.