In an interview of Damascus mayor Steve Spinnett by Metro, mayor Spinnett said, “When I say, Metro going even into your backyard, that’s really literal. They’re going into backyard telling you what kind of plants you can plant or not plant. If you look on, I think Page 97, you’ve got to get permission for maintenance of your home. This is getting very invasive. Talk about invasive species, this is invasive.”
The purpose of this post looks into the claim made by mayor Spinnett regarding Metro telling you what types of plants you can and can not plant in your yard. In looking through the comprehensive plan as adopted by the City Council and submitted to the DLCD, based on the topic dealing with plants, I presume the section mayor Spinnett is referring to begins on page 361. I only bring this up should people wish to go to the Damascus comprehensive plan and read the sections for themselves.
My opinion is this statement is misleading for several reasons. First of all I would like to see the mayor use this as an opportunity to educate citizens with the basic facts instead of using a potentially misleading statement. While I believe the mayor is focusing only on Core Value 8, “Economic Fairness” (dealing with private property rights) what the mayor is referring to works to address another one of Damascus’ Core Values, that being Core Value 7, “Environmental Responsibility and Protected Special Places”.
As with my post titled, “Needing Permission from Metro Before Painting Your Home. Really?” I also wanted to use this post to describe the process necessary for Metro enforcing which plants you plant in your yard. I called Metro to get the process and, as with my post regarding home maintenance and home painting, they were puzzled over my request regarding the proper procedure. Metro does not have a procedure for enforcing what plants are planted on a person’s property? I also did other research into the matter.
In attempts to make this succinct yet educational, here’s the deal.
Is mayor Spinnett’s claim true?
Regarding mayor Spinnett’s claim of “They’re [Metro] going into [your] backyard telling you what kind of plants you can plant or not plant” is, in my opinion, only partially true and may be an over-simplification of the issue which, in turn, can tend towards being misleading.
- Is it Metro that will be telling you what you can and can’t plant in your yard? “No.”
- Does this apply to every yard/property within Damascus? “No.”
- Might this apply to some, not all of the properties in Damascus? “Yes“
- Does this apply to homes which are not in a designated HSA? “No“
- For homes within a designated HSA, does this apply to properties which have already been developed? “No“
- For properties within a designated HSA, does this apply to undeveloped property? “No – only when the property is developed”
- For properties within a designated HSA, does this apply when I make further developments to my home? “Yes – only when you create an addition to your property that lies within a designated HSA that is 500 square feet or greater.”
- If I further develop my existing property with an addition of 500 square feet or greater on property within a designated HSA, do I need to landscape my whole property with plants that are on Metro’s list? “No“. You would only need to be concerned with landscaping for the portion of the property disturbed by your redevelopment efforts.
- If I redevelop my property by building an addition which falls within a designated HSA of 500 square feet or more, do I need to use Metro’s List of Plants? “Use what has been adopted by Damascus.“
- If I wish to build an outdoor deck that is 500 square feet or greater, does this apply? “No.“
- Is it Metro that enforces this type of initiative? “No.” It would be up to the city of Damascus.
- Is Damascus the only city held to this? “No.” All cities and counties within the Portland metropolitan area that are within the UGB addresses the issue similarly.
- If Damascus were not a city (for example, not incorporated) would the properties under the HAS be subject to the same issue? “Yes.”
Goal 5 as adopted by the State of Oregon
The State, through Senate Bill 100 (SB100), requires each city within Oregon to create a comprehensive plan. (you may wish to read my earlier post titled, “Why the Need for a Comp Plan?”) Each plan must address each of the state-wide developed “goals” which are relevant to a respective city. (Obviously the city of Baker does not have to address goals which deal with land use along Oregon’s coast.) Statewide Goal 5 requires each city to plan for how they will work “to protect natural resources and conserve scenic and historic areas and open spaces”.
Metro has developed its own set of policies to meet Goal 5. Metro has also provided an example ordinance other city and county governments can use in how their respective comprehensive plans satisfy the state’s Goal 5 requirement. Metro’s goal was to create commonality among how such land areas are handled within the Portland metropolitan region – specifically that which resides within the UGB.
It’s not just Damascus. Metro covers multiple city and county governments so anything applied based upon Metro’s lead covers the various governments found within the region’s UGB. City and county governments can adopt Metro’s policies completely or they can tweak/modify what Metro has developed to what makes best sense for the area the respective government governs. Therefore, is it Metro which will enforce which plants are planted where? “No”. Enforcement will be up to the property’s respective governing body, whether a city government or a county government.
What if Damascus had never incorporated? If Damascus had never incorporated we would be subject to the Governance of Clackamas County, and thus subject to similar regulations as adopted by the County on January 5, 2009. Some of the verbiage adopted by Clackamas County can be found in the “Analysis Research Details” section of this post.
Does this apply to all properties within Damascus? “No”. This discussion only applies to properties which fall within areas designated as Habitat Conservation Areas (HCA), which according to Metro is land “classified [as] areas as habitat conservation areas or HCAs because of a combination of factors including vegetation, wildlife and fisheries habitat potential, slopes, forested overstory, wetlands, streams, etc.” This also addresses the state-wide designated Goal 5 which covers:
- Riparian corridors
- Fish habitat
- Wetlands
- Wildlife habitats
- Federal wild and scenic rivers
- State scenic waterways
- Groundwater resources
- Approved Oregon recreation trails
- Natural areas
- Wilderness areas
- Mineral and aggregate resources
- Energy sources
- Cultural areas
When does this apply?
Not only is this restricted to properties which fall within designated HSAs only, it does NOT apply to those homes within an HSA which have already been developed. It does apply to properties within HSAs which are undergoing significant change or redevelopment, such as an addition within your HSA designated zone that is 500 square feet or greater. This also applies only to properties within a designated HSA where the vacant land is being developed.
Metro has developed a list of plants which they use for areas classified as Habitat Conservation Areas (HCA). The list titled, “Metro Native Plant List” provides information on which plants are native, which are nuisance and which are prohibited. Respective city and county government “can” use the list or create their own list. Is the list restrictive towards the types of plants that can be planted within these specific areas? In my opinion the answer is “No” because the list provides a list of recommended plants based upon the specific area. For example, for riparian corridors the list recommends 156 various plants. For forested areas the list recommends choosing from 201 various plants. So is this list restrictive? With the numbe of options available, I would have to say “No”. The list developed by Metro, and used by Metro for their properties (including parks and areas designated as HCAs) is broken down into three basic groups:
Plants native and friendly to the local area:
- Wetland: 210 types of plants recommended
- Riparian Corridors: 156 types of plants recommended
- Forest: 201 types of plants recommended
- Oak Woods: 4 types of plants recommended
- Forested Slope: 100 types of plants recommended
- Thicket: 70 types of plants recommended
- Grass: 216 types of plants recommended
- Rocky: 84 types of plants recommended
Nuisance Plant:
- Dominating Plants: 40 types of plants identified
- Harmful Plants: 4 types of plants identified
Prohibited plants:
- 5 plants identified
Four other things to consider:
1). The “Metro Native Plant List” is what was created by Metro and used by Metro. City and county governments can use this list as a guide as “the list” of plants or they may create their own.
2). The number of plants identified that are used by Metro provide for a lot of flexibility of plant choices.
3). This ONLY applies to areas designated as Habitat Conservation Areas (HCA). If your property is not classified in an HCA, this whole discussion does not apply to you.
4). This does not apply if your property lies within a designated HSA and has already been developed.
Again, this is my opinion. If you wish to read the details of my research and how I arrived at my opinion, the information may be found below. If you have further questions I also suggest contacting Metro as well as talk with City Hall along with a cross section of those who sit on the Damascus City Council as that is my recommended way for becoming fully educated on this issue.
Analysis Research Details
Metro deals with the Urban Growth Boundary (UGB) within Portland’s metropolitan area. You can go here to understand why the UGB was established in the first place. Part of the State’s process in dealing with development came through the adoption of Senate Bill 100 (SB100) which requires every city in Oregon to come up with a comprehensive plan. Since almost all cities in Oregon had been incorporated before SB100 went into effect, each city still had to comply and come up with their own comprehensive plan. Damascus, being a new city, is the first one in Oregon who can use its comprehensive plan to essentially plan a city from scratch. Through SB100 the State requires a city’s respective comprehensive plan to plan on how they are to meet a number of goals established by the State. The DLCD and, ultimately the LCDC, are the ones to work towards enforcing every city to have a comprehensive plan that addresses all of the State-wide goals relevant for a respective city.
Goal 5 Established by the State
For the purposes of this post the state goal that aligns with this topic is that of the State’s “Goal 5”, which is there for cities to describe how they plan to deal with natural resources, scenic and historic places as well as open spaces. This particular goal addresses how a city deals with:
- Riparian corridors
- Fish habitat
- Wetlands
- Wildlife habitats
- Federal wild and scenic rivers
- State scenic waterways
- Groundwater resources
- Approved Oregon recreation trails
- Natural areas
- Wilderness areas
- Mineral and aggregate resources
- Energy sources
- Cultural areas
As stated in Tualatin’s Basin Goal 5 Program Implementation Report “The purpose of Goal 5, Oregon Administrative Rule (OAR) 660-015-0000(5), is to protect natural resources and conserve scenic and historic areas and open spaces.”
(if the above link does not work, paste the following in the Address bar of your browser: www.co.washington.or.us/LUT/Divisions/LongRangePlanning/Publications/loader.cfm?csModule=security/getfile&pageid=592831)
OAR 660-015-0000(5) states that its purpose is, “To protect natural resources and conserve scenic and historic areas and open spaces. Local governments shall adopt programs that will protect natural resources and conserve scenic, historic, and open space resources for present and future generations. These resources promote a healthy environment and natural landscape that contributes to Oregon’s livability.”
With that said each city has to account, in their respective comprehensive plans, how they are to deal with such elements.
A Damascus Core Value
Regarding one of Damascus’ Core Values created by Damascans is Core Value 7, titled, “Environmental Responsibility and Protected Special Places.” The goal reads as follows:
“The City of Damascus shall distinguish itself nationally by its concern for natural areas. Linking corridors that interconnect green spaces shall embody this value. The growth occurring in the area shall be designed to ensure the quality of nature’s gifts, including—but not limited to—clean water, high-quality fish and wildlife habitat, healthy air quality, and the area’s heritage and history. The City’s plan shall maintain opportunities for farming, local markets, and pastoral views. A network of trails linking green spaces and historical sites and routes within the area shall utilize natural waterways to interconnect parks on the area’s many buttes. Damascus should strive for sustainability, encouraging conservation and energy efficiency in both urban design and city function.”
Again, the above was a value discussed with a lot of input from fellow Damascans prior to incorporation.
Getting back to the topic at hand regarding Metro telling people what plants to plant in their yards, Metro does not enforce policy at the individual property level. Dealing with issues at the property level is up to the respective governing body, whether that be the county for properties in unincorporated areas or cities for properties within their respective incorporated areas. In this case any vegetation enforcement would be through the City of Damascus.
If mayor Spinnett’s claim were true Metro, covering the area within the Portland metropolitan area’s UGB, would need to deal with every property within the Portland metropolitan area. This is just not the case.
The other thing to keep in mind is when it comes to looking at what vegetation should go where it ONLY applies to areas that fall within those areas which fall within the State’s Goal 5 – namely riparian corridors, steams and wetlands. If your property does not have a riparian corridor, stream or wetland, this doesn’t even concern you. You can plant what ever you wish.
Metro did establish an extensive policy for covering the State’s Goal 5. This policy is known as Metro’s “Title 13”. I will also include Metro’s “Title 3” which also deals with their “Stream and Floodplain Protection Plan”.
Metro’s policy deals with what is called “Habitat Conservation Areas (HCAs). The best definition of an HCA yielded through my research was found in Chapter 28 of the “Willamette and Tualatin River Protection” section of the “West Linn Community Development Code”. Their definition is as follows:
“Habitat conservation areas (HCAs). Metro classified sensitive riparian areas as habitat conservation areas or HCAs because of a combination of factors including vegetation, wildlife and fisheries habitat potential, slopes, forested overstory, wetlands, streams, etc. These areas have been mapped by Metro (see http://www.metro-region.org/index.cfm/go/by.web/id=8385) and are to be avoided to the degree possible with development instead directed to the areas designated ‘Not Affected by Recommendations’ or ‘Allow Development.’”
Metro has developed a policy they abide by with regards to property owned by Metro. They also provided a model ordinance cities and counties within the UGB can adopt. The model ordinance is simply that, a “model” that can be used by governments. Cities and county governments within the UGB can use this ordinance, they can modify the ordinance to meet their specific needs or they can come up with one of their own.
Is this a Damascus only thing?
“No”. Remember, every city within the state of Oregon has to address how they are to handle the statewide Goal 5. Within the Portland metropolitan area Metro came forth with their Title 13 and Title 5 which addresses areas covered by Goal 5. All governments within the Portland metropolitan area that falls within the UGB can have their own form of the policy developed by Metro. Not only does this include city governments, this also includes county governments responsible for areas that are not incorporated by cities. Some governments adopted Metro’s model ordinance while other governments tweaked/modified and created their own ordinance. So even if Damascus had never incorporated as a city, we would be subject to the rules set forth by Clackamas County.
With that said, let’s take a look at some of the verbiage found in some of the comprehensive plans of the area:
Clackamas County:
Adopted by Clackamas County on 1-5-2009, their “Clackamas County’s Habitat Conservation Area District Adopted by Clackamas County” has the following:
706.10 HABITAT CONSERVATION AREA DEVELOPMENT PERMITS
Section 6:
If development in an HCA is approved pursuant to Subsection 706.10(A), compliance with the following mitigation standards shall be required, except that the mitigation standards for development in a wetland (as distinct from an HCA that is adjacent to a wetland) shall be only those required by federal and state law.
a. Required Plants and Plant Densities. All trees, shrubs and ground cover shall be native vegetation. An applicant shall comply with Subsection 706.10(A)(6)(a)(i) or (ii), whichever results in more tree plantings, except that where the disturbance area is one acre or more, the applicant shall comply with Subsection 706.10(A)(6)(a)(ii).
i. The mitigation requirement shall be calculated based on the number and size of trees that are removed from the site. Trees that are removed from the site shall be replaced as shown in Table 5. Conifers shall be replaced with conifers.
Bare ground shall be planted or seeded with native grasses or herbs. Non-native sterile wheat grass may also be planted or seeded, in equal or lesser proportion to the native grasses or herbs; or
6 to 12 trees cut – to be replaced by 2 trees and 3 shrubs
over 12 to 18 trees cut — to be replaced by 3 trees and 6 shrubs
over 18 to 24 trees cut – to be replaced by 5 trees and 12 shrubs
over 24 to 30 trees cut — to be replaced by 7 trees and 18 shrubs
over 30 trees cut — to be replaced by 10 trees and 30 shrubs
ii. The mitigation requirement shall be calculated based on the size of the disturbance area within the HCA. Native trees and shrubs shall be planted at a rate of five trees and 25 shrubs per every 500 square feet of disturbance area (calculated by dividing the number of square feet of disturbance area by 500, and then multiplying that result times five trees and 25 shrubs, and rounding all fractions to the nearest whole number of trees and shrubs; for example, if there will be 330 square feet of disturbance area, then 330 divided by 500 equals 0.66, and 0.66 times five equals 3.3, so three trees shall be planted, and 0.66 times 25 equals 16.5, so 17 shrubs shall be planted). Bare ground shall be planted or seeded with native grasses or herbs. Non-native sterile wheat grass may also be planted or seeded, in equal or lesser proportion to the native grasses or herbs.
b. Plant Size. Replacement trees shall be at least one-half inch in caliper, measured at six inches above the ground level for field grown trees or above the soil line for container grown trees (the one-half inch minimum size may be an average caliper measure, recognizing that trees are not uniformly round), unless they are oak or madrone which may be one-gallon size. Shrubs shall be in at least a one-gallon container or the equivalent in ball and burlap and shall be at least 12 inches in height.
c. Plant Spacing. Trees shall be planted between eight and 12 feet on center, and shrubs shall be planted between four and five feet on center, or clustered in single species groups of no more than four plants, with each cluster planted between eight and 10 feet on center. When planting near existing trees, the drip line of the existing tree shall be the starting point for plant spacing measurements.
d. Plant Diversity. Shrubs shall consist of at least two different species. If 10 trees or more are planted, then no more than 50 percent of the trees may be of the same genus.
e. Invasive Vegetation. Invasive non-native or noxious vegetation shall be removed within the mitigation area prior to planting, and shall be removed or controlled for five years following the date that the mitigation planting is completed.
f. Mulching. Mulch shall be applied around new plantings at a minimum of three inches in depth and 18 inches in diameter.
g. Tree and Shrub Survival. Trees and shrubs that die shall be replaced in kind to the extent necessary to ensure that a minimum of 80 percent of the trees initially required and 80 percent of the shrubs initially required shall remain alive on the fifth anniversary of the date that the mitigation planting is completed.
h. Monitoring and Reporting. Monitoring of the mitigation site shall be the ongoing responsibility of the property owner. For a period of five years following the date that the mitigation planting is completed, the property owner shall submit an annual report to the Planning Director documenting the survival of the trees and shrubs on the mitigation site. In lieu of complying with the monitoring and reporting requirement, the property owner may post with the County a performance bond, or other surety acceptable to the County, in an amount sufficient to cover costs of plant material and labor associated with site preparation, planting, and maintenance. An applicant who elects to post a surety shall be subject to Subsections 1104.03 through 1104.05.
Wilsonville:
The following is a portion of the verbiage adopted by Wilsonville. It should be noted that what is found below is not all of the verbiage. Wilsonville also covers what vegetation should be planted, and its density, regarding parking lots. Information from Wilsonville’s ordinance includes the following:
“Section 4.139.07 Mitigation Standards
(.02) E. The Mitigation Plan shall include a planting plan containing the following elements: 1. Required Plants and Plant Densities. All trees, shrubs and ground cover shall be native vegetation. An applicant shall comply with Section 4.139.06(.02)(E)(1)(a) or
(b), whichever results in more tree plantings, except where the disturbance area is one acre or more, the applicant shall comply with Section 4.139.06(.02)(E)(1)(b).
a. The mitigation requirement shall be calculated based on the number and size of trees that are removed from the site. Trees that are removed from the site shall be replaced as shown in Table NR – 3. Conifers shall be replaced with conifers. Bare ground shall be planted or seeded with native grasses or herbs.”
b. The mitigation requirement shall be calculated based on the size of the disturbance within the Significant Resource Overlay Zone. Native trees and shrubs shall be planted at a rate of five (5) trees and twenty-five (25) shrubs per every 500 square feet of disturbance area (calculated by dividing the number of square feet of disturbance area by 500, and then multiplying that result times five (5) trees and twenty-five (25) shrubs, and rounding all fractions to the nearest whole number of trees and shrubs; for example, if there will be 330 square feet of disturbance area, then 330 divided by 500 equals 0.66, and 0.66 times five equals 3.3, so three (3) trees shall be planted, and 0.66 times twenty-five (25) equals 16.5, so seventeen (17) shrubs shall be planted). Bare ground shall be planted or seeded with native grasses or herbs.
2. Plant Size. Replacement trees and shrubs shall be at least one-gallon in size and shall be at least twelve (12) inches in height.
3. Plant Spacing. Trees shall be planted between eight (8) and twelve (12) feet on center, and shrubs shall be planted between four (4) and five (5) feet on center, or clustered in single species groups of no more than four (4) plants, with each cluster planted between eight (8) and ten (10) feet on center. When planting near existing trees, the drip line of the existing tree shall be the starting point for plant spacing measurements.
4. Plant Diversity. Shrubs shall consist of at least two (2) different species. If five (5) trees or more are planted, then no more than fifty (50) percent of the trees may be of the same genus.
5. Invasive Vegetation. Invasive non-native or noxious vegetation shall be removed within the mitigation area prior to planting, and shall be removed or controlled for five (5) years following the date that the mitigation planting is completed.
6. Mulching and Browse Protection. Mulch shall be applied around new plantings at a minimum of three inches in depth and eighteen inches in diameter. Browse protection shall be installed on trees and shrubs. Mulching and browse protection shall be maintained during the two-year plant establishment period.
7. Tree and Shrub Survival. Trees and shrubs that die shall be replaced in kind to the extent necessary to ensure that a minimum of eighty (80) percent of the trees and shrubs initially required shall remain alive on the fifth anniversary of the date that the mitigation planting is completed.”
Damascus:
Within the comprehensive plan developed by Damascus, there is a section titled, “Title 13: Nature in Neighborhoods”. Within this document is found:
“3.07.1340 Performance Standards and Best Management Practices for Habitat Conservation Areas”, Subsection A.6
“Invasive non-native or noxious vegetation shall not be planted in any Habitat Conservation Area. The removal of invasive non-native or noxious vegetation from Habitat Conservation Areas shall be allowed. The planting of native vegetation shall be encouraged in Habitat Conservation Areas.”
Metro Native Plant List
In doing research for this post I ran into the document prepared by Metro titled, “Metro Native Plant List”
In the document one finds:
“Responding to public concerns about water quality and flooding as well as state land use goals, Metro has developed policies designed to reduce the impacts of new development along streams, wetlands and in floodplains.”
“The performance standards identify the requirements to protect floodplains and water quality. The water quality standards require the protection of vegetation along streams and wetlands. It requires that vegetative cover native to the Portland metropolitan region shall be maintained, enhanced or restored, if disturbed within the Water Quality Resource Area, i.e., the vegetated corridors and the adjacent water feature. Invasive non-native vegetation may be removed from the Water Quality Resource Area and replaced with native cover. Only native vegetation can be used to enhance or restore the Water Quality Resource Area. In addition, the performance standards allow water quality treatment facilities to encroach a specific number of feet into the Water Quality Resource Area. The Metro Water Quality Plant List was developed to identify which plant species are adapted to surviving in a water quality facility and are not invasive to the surrounding landscape.”
“This list provides a reference for what native vegetation shall be maintained, enhanced or restored if disturbed in the Water Quality Resources Areas mapped in Title 3.”
Three basic categories of plants deal with trees, shrubs and ground covers.
Native Plants refers to plants historically found within the Metro boundary.
There are many options of native plants different types of land types:
- Wetland: 210 types of plants recommended
- Riparian Corridors: 156 types of plants recommended
- Forest: 201 types of plants recommended
- Oak Woods: 4 types of plants recommended
- Forested Slope: 100 types of plants recommended
- Thicket: 70 types of plants recommended
- Grass: 216 types of plants recommended
- Rocky: 84 types of plants recommended
The Nuisance Plants (invasive non-native or noxious vegetation) section provides a listing of plants found in the Metro region, which can be removed from the Water Quality Resource Area and replaced with native cover. They are divided into two groups — plants that are considered a nuisance because of their tendency to dominate plant communities, and plants, which are considered harmful to humans.
The various types of nuisance plants are:
- Dominating Plants: 40 types of plants identified
- Harmful Plants: 4 types of plants identified
Prohibited plants are those species which pose a serious threat to the health and vitality of native plant and animal communities. The number of plants found on the
- Prohibited Plant List: 5 plants identified
Four things to remember here:
1). The “Metro Native Plant List” is what was created by Metro and used by Metro. City and county governments can use this list as a guide as “the list” of plants or they may create their own.
2). The number of plants identified that are used by Metro provide for a lot of flexibility of plant choices.
3). This ONLY applies to areas designated as Habitat Conservation Areas (HCA). If your property is not classified in an HCA, this whole discussion does not apply to you.
4). This does not apply if your property lies within a designated HSA and has already been developed.
