(a) Review any proposed wetland conser- 

 vation plan or proposed amendment to an 

 approved wetland conservation plan against 

 the standards in this section; 



(b) Prepare a proposed order that ap- 

 proves, approves with conditions or denies 

 the proposed wetland conservation plan or 

 proposed amendntent to an approved wetland 

 conservation plan; 



(c) Provide notice and the opportunity for 

 public hearing and comment on the proposed 

 order; 



(d) Consult with affected local, state and 

 federal agencies; and 



(e) Consider the applicable findings made 

 in the order of acknowledgment issued by 

 Land Conservation and Development Com- 

 mission. 



(2) The director may approve by order a 

 wetland conservation plan that includes the 

 necessary elements of ORS 196.678 (2) and 

 meets the standards of subsections (3) and (4) 

 of this section. 



(3) A wetland conservation plan shall 

 comply with the following standards: 



(a) Uses and activities permitted in the 

 plan including fill or removal, or both, con- 

 form to sound policies of conservation and 

 will not interfere with public health and 

 safety; 



(b) Uses and activities permitted in the 

 plan including fill or removal, or both, are 

 not inconsistent with the protection, conser- 

 vation and best use of the water resources 

 of this state and the use of state waters for 

 navigation, fishing and public recreation; and 



(c) Designation of wetlands for pro- 

 tection, conservation and development is 

 consistent with the resource functions and 

 values of the area and the capability of the 

 wetland area .ta withstand alterations and 

 maintain important functions and values. 



(4) Wetland areas may be designated for 

 development including fill or removal, or 

 both, only if they meet the following stand- 



(a) There is a public need for the pro- 

 posed useis set. forth in the acknowledged 

 comprehensive plan for the area; 



(b) Any planned wetland losses shall be 

 fully ofEsct by creation, restoration or en- 

 hancement of wetland functions and values 

 or in an estuarine area, estuarinc resource 

 replacement is consistent with ORS 196.830; 

 and 



(c) Practicable, less damaging alterna- 

 tives, including alternative locations for the 

 proposed use arc not available. 



(5) Approval by the director of a wetland 

 conservation plan shall be conditioned upon 



adoption by the affected local governments 

 of comprehensive plan policies and land use 

 regulations consistent with and sufficient to 

 implement the wetland conservation plan. 

 Appropriate implementing measures may in- 

 clude the following planning and zoning re- 

 quirements regulating: 



(a) Adjacent lands or buffer areas neces- 

 sary to maintain, protect or restore wetland 

 functions and values, including riparian veg- 

 etation, and the uses to be allowed in those 

 areas; 



(b) Sites for mitigation of impacts from 

 development activities; 



(c) Upland areas adjacent to wetlands; 

 and 



(d) Activities or location of buildings, 

 structures and improvements which may af- 

 fect wetland values or functions, such as 

 storm water runofE. 



(6) The director shall issue an order ap- 

 proving, approving with conditions or deny- 

 ing a wetland conservation plan, including^ a 

 clear statement of findings which sets forth 

 the basis for the approval, conditioning . or 

 denial. The order shall include: _=, 



(a) A clear statement of findings that the 

 elements specified in ORS 196.678 (2) have 

 been developed; "^ 



(b) The findings in support of the deter- 

 mination of compliance or noncompliance 

 with the standards in subsections (3) and (4) 

 of this section; and 



(c) The conditions under which fill or re- 

 moval or both may occur. —^i' 



(7) The director may, as a part of ait- or- 

 der approving a plan, authorize site-spe«ific 

 fill or removal without an individual potmi 

 as required by ORS 1%.810 provided thml^^ 



(a) The director adopts findings detnpn- 

 strating that fill or removal for any propoiwd - 

 project complies ¥dth ORS 196.682 (l)^^fo 

 (e); or "-^^l' 



(b) The director adopts finding thai;^|K 

 cific areas of fill or removal within u^nv 

 designated as development in the plan nieei 

 the following standards: i^'* 



(A) The fill or removal approved bjr^ the 

 order will result in minimal impacts to^i^the 

 wetland system in the planning area; .ii^ 



(B) The public need for the proposed area 

 of fill or removal outweighs the environ- 

 mental damage likely to result fi-om full de- 

 velopment; 



(C) The director conditions any such or- 

 der as necessary to insure that the fill or 

 renx>val, or both, is designed to minimize 

 impacts from implementing the project; and 



(D) Full replacement of wetland losses is 

 provided through creation, restoration or en- 



