TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Brian Martin, PE, Public Works Director
SUBJECT:
title
Amending Salem Revised Code Chapter 75 (Erosion Prevention and Sediment Control) Relating to Erosion Control Permit Exemptions
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Safe and Reliable Infrastructure
ISSUE:
Shall City Council conduct second reading and enact Ordinance Bill No. 11-24 amending Salem Revised Code Chapter 75 (Erosion Prevention and Sediment Control) Relating to Erosion Control Permit Exemptions
RECOMMENDATION:
recommendation
Conduct second reading and enact Ordinance Bill No. 11-24 amending Salem Revised Code Chapter 75 (Erosion Prevention and Sediment Control).
body
SUMMARY:
Ordinance Bill No. 11-24 (Attachment 1) amends Chapter 75 of the Salem Revised Code (SRC) to remove the Erosion Control Permit exemption for ground disturbing activities involving less than 25 cubic yards of material.
FACTS AND FINDINGS:
Proposed Amendments
1. The complete text of the proposed amendments is included as Exhibit A to Ordinance Bill No. 11-24 (Attachment 2).
2. Amendments proposed in Ordinance Bill No. 11-24 are described below:
a. The proposed amendments will clarify the threshold of ground disturbing activity that requires an Erosion Control Permit issued by the City. Any project that involves ground disturbing activity equal to or greater than 1,000 square feet of land surface is required to obtain a City Erosion Control Permit.
b. Under SRC 75.050(b)(2), ground disturbing activities which involve less than 25 cubic yards of material are exempted from obtaining an Erosion Control Permit from the City of Salem. The proposed amendments will remove this exemption from code.
Alternatives
City Council may:
A. Pass Ordinance Bill No. 11-24; or,
B. Decline to pass Ordinance Bill No. 11-24
BACKGROUND:
In 2021, the Oregon Department of Environmental Quality (DEQ) issued to the City of Salem a permit authorizing discharges of stormwater from the City’s municipal stormwater system into waters of the state. This permit, issued under the authority of the federal Clean Water Act, follows an earlier permit issued to the City in 2010. The new permit contains updated requirements related to Erosion Control Permit requirements. To comply with the requirements of the new DEQ permit, the City must amend Salem Revised Code (SRC) Chapter 75 (Erosion Prevention and Sediment Control) with an effective date of November 1, 2024.
Salem Revised Code Chapter 75 (Erosion Prevention and Sediment Control) establishes the City’s authority to issue an Erosion Control Permit for construction projects within the City of Salem. The proposed amendments will clarify that Erosion Control Permits are required for all projects that meet or exceed 1,000 square feet of ground disturbing activity. Currently, the City issues Erosion Control Permits for these projects; the proposed amendments clarify the permit threshold requirement.
The new permit requires the City to issue Erosion Control Permits for all projects exceeding 1,000 square feet of ground disturbing activity, regardless of the quantity of material involved in the ground disturbing activity. Under SRC 75.050(b)(2), ground disturbing activities which involve less than 25 cubic yards of material are exempted from obtaining an Erosion Control Permit from the City of Salem. The proposed amendments will remove this exemption from code in order to comply with the new permit requirements.
Laurel Christian, Infrastructure Planner III
Community Planning and Development Department
Attachments:
1. Ordinance Bill No. 11-24
2. Exhibit A to Ordinance Bill No. 11-24