Article 52.02
In General.


52.02.010    Purpose.

52.02.020    Definitions.

52.02.030    Erosion Prevention and Sediment Control Planning and Design Manual.

52.02.040    Erosion Control Permit Required.

52.02.010 Purpose.

The purpose of this chapter is to minimize the amount of sediment, construction waste, and other pollutants reaching the surface water management system as a result of construction, grading, excavating, clearing and any other activity which causes or accelerates erosion; and to minimize the disturbance of existing vegetation. The objective is to control erosion at its source as a means of maintaining and improving water quality and minimizing water pollution, downstream flooding and wildlife habitat damage.

(Ord. 2696, Amended, 02/16/2016; Ord. 2132, Enacted, 07/02/1996)

52.02.020 Definitions.

Applicant. The owner of a property and/or his or her agents or contractors who have applied for an erosion control permit pursuant to LOC Chapter 52.

Cut or Excavation. Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

Erosion. Detachment and movement of soil, rock fragments, mulch, fill or sediment by water, wind, gravity, frost and ice or by development activities.

Erosion Prevention and Sediment Control Planning and Design Manual or "Planning and Design Manual". See LOC 52.02.030.

Fill. Placement of any soil, sand, gravel, clay, mud, debris, refuse, or any other material, organic or inorganic.

In kind Vegetation. Vegetation which is similar in species and resource value or, similar or superior in erosion control capability, to vegetation found on the subject site prior to development.

Mulch. Application of plant residue, straw, netting, plastic sheeting, or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.

Property or Site. The property upon which activity requiring an erosion control permit is conducted.

Sediment. Any material that is in suspension, is being transported, or has been moved from its site of origin by water, wind, or gravity as a product of erosion.

Stockpile. Storage of any soil, sand, gravel, clay, mud, debris, refuse, or any other material, organic or inorganic, in a concentrated area.

Stripping. Any activity which disturbs a vegetated or otherwise stable soil surface, including clearing and grubbing operations.

Surface Water Management System. All natural and human-made facilities used by the Surface Water Utility to regulate the direction, quantity and quality of surface water, including drainage easements, culverts, storm drains, catch basins, stream corridors, ditches, open channels, rivers, ponds, wetlands and impoundments.

Visible or Measurable Erosion. Visible or measurable erosion includes, but is not limited to:

a.    Mud, dirt, sediment, construction waste such as concrete washout or saw cutting slurry, construction materials such as rocks or asphalt, or similar material exceeding one-half cubic foot in volume that is deposited on public or private streets, adjacent property, or into the surface water management system either by direct deposit, dropping, discharge, or as a result of the action of erosion;

b.    Flows of water over bare soils; turbid or sediment laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes, where the flow of water is not filtered or captured on the site;

c.    Earth slides, mud flows, earth sloughing, or other earth movement which leaves the property of origin.

Wetland. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands generally include, but are not limited to, swamps, marshes, bogs and similar areas.

(Ord. 2696, Amended, 02/16/2016; Ord. 2328, Amended, 08/06/2002; Ord. 2132, Enacted, 07/02/1996)

52.02.030 Erosion Prevention and Sediment Control Planning and Design Manual.

The Erosion Prevention and Sediment Control Planning and Design Manual on file with the Engineering Division shall be the primary guide for the City of Lake Oswego in establishing and reviewing erosion control techniques, methods, and requirements. The City Manager may also develop additional erosion control guidelines in accordance with the Planning and Design Manual when the City Manager determines said guidelines will equally prevent or protect against erosion. If the City Manager develops and applies additional guidelines for implementing erosion control measures, such guidelines shall be published and made available to the public.

(Ord. 2328, Amended, 08/06/2002; Ord. 2132, Enacted, 07/02/1996)

52.02.040 Erosion Control Permit Required.

An erosion control permit approved by the City Manager shall be required prior to conducting the following activities on a property or site:

1.    Activities including, but not limited to: construction, landscaping, removal of vegetation, stockpiling of soil or construction debris, grading, filling, excavating, trenching, drilling, transport of fill, utility work, etc., that disturb 500 square feet or more of land surface area.

2.    Activities as described in subsection 1 or this subsection that disturb less than 500 square feet of land surface and are within 50 feet of any pond, lake, river, stream corridor, canal, or wetland.

3.    Exemptions: Landscaping activities in conjunction with a single-family residence shall be exempt from compliance with this chapter. For purposes of this subsection, "landscaping activities" means the installation or removal of vegetation and minor landscaping features. It does not include installation or removal of more than 50 cubic yards of fill, or installation of large site features like parking pads, swimming pools or structures as defined in LOC Chapter 50, which are not exempt if the activity involved would otherwise require an erosion control permit under this section.

(Ord. 2696, Amended, 02/16/2016; Ord. 2316, Amended, 03/05/2002; Ord. 2132, Enacted, 07/02/1996)