About the Public Infrastructure Environmental Code Project

Information

This Public Infrastructure Environmental Code Project will facilitate needed improvements to public infrastructure and allow for management of trees, vegetation, and other natural resources in publicly owned and maintained natural areas.

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Project purpose

The purpose of the Public Infrastructure Environmental Code Project is to incorporate refinements to the Environmental Zones, River Overlay Zones, and the Pleasant Valley Resources Overlay Zone chapters of the Zoning Code to facilitate needed improvements to public infrastructure and to allow for management of trees, vegetation, and other natural resources in publicly owned and maintained natural areas.

These proposed amendments aim to ensure natural resource protection while also recognizing the need for the operation, maintenance, and in some cases, replacement of these facilities. A variety of minor amendments are also proposed, including updates to site enhancement and noticing requirements, review procedures and other considerations.

The proposed amendments fall into four categories:

Pump stations and flood control structures amendments
Natural area management amendments
Tree removal and replacement amendments
Miscellaneous technical amendments

Project background

How do environmental overlay zones provide protection for natural resources in Portland's zoning code?

Environmental overlay zones, or ezones, protect important natural resources like streams, forests, and wetlands. Ezones were first created in Portland more than three decades ago and they are a key part of Portland’s natural resource protection system.

Standards in the Zoning Code allow environmentally sensitive development to be approved within ezones when established criteria are met. When development is proposed that can’t meet these criteria - including setbacks, scale limits, or allowed tree removal - it must then be approved through Environmental Review. This ensures that impacts are avoided as much as possible and unavoidable impacts are mitigated through resource enhancement or restoration.

Environmental Review involves an analysis of alternatives, which aims to identify project approaches that minimize impacts to natural resources so that the least impactful is selected. Alternatives may include more compact development or alternative layouts to minimize disturbance of natural resources. Though the Environmental Review process is more involved than meeting standards, Environmental Review tends to produce development outcomes that are more environmentally sensitive.

Why provide a streamlined process for approving public infrastructure projects in ezones?

Public infrastructure serves vital functions, including water delivery, waste treatment and flood protection. Parts of these systems in Portland are decades old and long overdue for replacement. Replacement of these facilities requires expansion to meet modern safety standards and building codes and the capacity needed to serve a larger population. Additionally, climate change has made our region more susceptible to potential natural disasters, such as wildfires and flooding, which increases the urgency of ongoing maintenance and upgrades.

There are several City infrastructure projects that will upgrade water, sewer and flood prevention systems in the coming years. Many of these projects will involve the replacement or expansion of existing structures that are located in low lying areas near protected waterbodies, or in protected forested natural areas. These facilities are also often located on small parcels or within easements surrounded by natural resources with little room to change the building location or orientation. As a result of these site constraints, many of the expected benefits of Environmental Review are often not achievable. The process can result in additional expense and delay without additional benefit.

The Public Infrastructure Environmental Code Project will expand the application of standards for important public infrastructure projects so that they can be approved without undue process, while also ensuring preservation of natural resources through resource enhancement and tree replacement requirements. A variety of minor amendments related to site enhancement, noticing requirements, review procedures and other considerations are also proposed.