Agenda and Attachments - 02/16/10 CC/EWEB JEO

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Lane County Ordinance Review for Water Quality Protection There is a significant amount of development along riparian areas in Lane County, particularly in the McKenzie watershed, the sole source of water for EWEB customers. Development in riparian areas can pose threats to water quality in the form of increased pesticide and fertilizer use, contamination from septic systems, removal of native vegetation, etc., while putting property at risk through loss of floodplain function and increased use of revetment. Over the last two years EWEB has been studying the impacts to water quality in the McKenzie watershed from high density development near the river. EWEB has been working with the University of Oregon Community Planning Workshop (CPW) to evaluate Lane County development code and research other model riparian and floodplain ordinances for comparison. One objective of the CPW study was to collect factual information about how county code in its present form is implemented on the ground, and identify potential solutions to address health and safety impacts of development in the watershed. In general, the results from our research show that: ? Septic systems, especially those in higher densities or clusters, and/or located near the river in soils that are excessively permeable, pose a particular threat to drinking water. Water quality monitoring from samples collected downstream of septic system cluster areas indicated an increase in bacteria and nutrient concentrations in shallow groundwater and the McKenzie River when compared to upstream samples. ? Lane County Code and permitting practices that allow development in sensitive riparian areas, floodplains, and/or meander zones not only increase the threat to drinking water, but impact County staff time and government resources once the structures are built. Review of multiple case studies indicate that granting variances to landowners creates a domino effect in that additional variances or modifications are later requested to allow expansion, decks, garages and other structures. These results were shared with the Lane County Board of County Commissioners in 2009, along with a request for staff resources to review the riparian and floodplain ordinances with an eye towards protecting surface and groundwater drinking sources. The county commissioners voted unanimously to include this effort in the 2010 work plan, and county planning staff was assigned to develop potential code revisions. A multi-agency technical team has also been formed to assist County staff with this project. To avoid pitfalls encountered in a previous attempt to strengthen the riparian ordinance, project partners have engaged the Portland State University (PSU) National Policy Consensus Center to assess the potential for a collaborative solution. In January 2010, PSU met with EWEB, Lane County, U of O and others to pull together a diverse group of stakeholders associated with development in the floodplain and riparian areas. The team also developed a list of interview questions that would allow PSU to assess where consensus is likely, and where competing interests will need to be addressed. PSU is currently conducting interviews with these nearly 30 stakeholders and should complete the assessment by early March 2010. Based on the interview results, a strategy for moving forward with ordinance revisions will be developed, with a July target date for completion of a first draft for review by stakeholders. Contact Karl Morgenstern (685 – 7365) for more information on EWEB source protection plans.