Chapter 10.40 Permits & Plans

City Code Chapter

10.40.010 Plan Required.

(Amended by Ordinances 179690 and 191000, effective October 21, 2022.)

  1. A. The Responsible Party must submit an erosion, sediment and pollutant control plan for any ground disturbing activity that requires a permit to the Director for review if:
    1. 1. The Disturbance Area is 500 square feet or greater in area; or
    2. 2. The Disturbance Area is in a special site as defined in the Erosion and Sediment Control Manual.
  2. B. An erosion, sediment, and pollutant control plan is not required for work that does not require a permit or for planting of trees or other vegetation by hand held tools, unless otherwise required by the terms of a compliance order or land use decision.
  3. C. Where a plan is required, the Responsible Party may not commence any development before the Director has approved the proposed plan and the required pre-construction inspection has been approved.

10.40.020 Permit and Plan Requirements.

(Amended by Ordinances 179690 and 191000, effective October 21, 2022.)

  1. A. All permit applications or contract submittals that require an erosion, sediment, and pollutant control plan must be accompanied by the plans at the time of application or submittal. The number of erosion, sediment and pollutant control plans required will be determined by the applicable permit or contract process. All erosion, sediment, and pollutant control plans must comply with minimum requirements established in the Erosion and Sediment Control Manual.
  2. B. The Director will review all erosion, sediment and pollutant control plans. The Director may waive items required under Subsection A above where the Director determines that certain items are not applicable to a specific application or project.
  3. C. The Responsible Party will be accountable for any plan modifications needed due to conflicts, omissions or changed conditions that arise in the field. The Responsible Party will bear all costs to comply with the City of Portland Standard Construction Specifications, the Erosion and Sediment Control Manual and the City Code.

10.40.030 Approval or Denial of Erosion, Sediment and Pollutant Control Plan.

(Amended by Ordinance 191000, effective October 21, 2022.)

  1. The erosion, sediment and pollutant control plan will be reviewed by the Director.  If the Director finds that the plan complies with this Title and the Erosion and Sediment Control Manual, it will be approved.  Such approval will be indicated on the plan documents.  The approved plan may not be changed, modified, or altered without authorization from the Director.  All development regulated by this Title must be completed in accordance with the approved plan.  If the Director approves only a portion of the plan, development may commence, but it must be limited to only that portion of the site for which the plan has been approved.

10.40.040 Alternate Methods or Materials Review Process.

(Amended by Ordinances 176955, 179690, 182389 and 191000, effective October 21, 2022.)

  1. A. The Director may approve the use of alternate methods or materials that provide protection that is greater than or equal to the protection provided by the methods prescribed in the Erosion and Sediment Control Manual.
  2. B. In order to determine the suitability of alternate erosion control methods not specifically addressed by this Title or the Erosion and Sediment Control Manual and not approved by the Director as described in Subsection A. above, and to provide interpretation of this Title and the Erosion and Sediment Control Manual, there is created an alternate methods and materials review process. The alternative methods and materials review process is established in the Erosion and Sediment Control Manual.
  3. C. The burden of proof for all alternative methods or materials reviews is on the Responsible Party.

10.40.050 Issuance of Permit.

(Amended by Ordinance 191000, effective October 21, 2022.)

  1. A. No permit requiring an erosion, sediment and pollutant control plan will be issued until the plan is approved.
  2. B. As a condition of permit issuance, the Responsible Party must agree to allow all inspections to be conducted.
  3. C. Where a bond, letter of credit or other guarantee is required, the permit will not be issued until the bond or guarantee has been obtained and approved.

10.40.055 Revisions.

(Added by Ordinance 191000, effective October 21, 2022.)

  1. Requirements for revisions are established in the Erosion and Sediment Control Manual. 

10.40.060 Public Works Projects.

(Amended by Ordinance 179690, effective November 18, 2005.)

  1. Projects within the public right-of-way shall not be commenced until the erosion, sediment and pollutant control plan has been accepted and controls are in place.

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