Saint Helens staff outline DEQ-driven erosion-control ordinance, debate permit thresholds and fees

City Planner Jacob Grama told the City of Saint Helens council on July 16 that the city’s draft erosion-control ordinance and related permitting changes respond to requirements in the Willamette Watershed total maximum daily load implementation plan.

The proposed update would add a permit for land disturbance, expand enforcement tools and set local thresholds for when a permit is required. Jacob Grama said the draft municipal threshold is 1,000 square feet but stressed the city can adjust that number: “We went with a thousand. So, like Mohammed was saying, we can adjust the size if we chose,” Grama said. He also told the council the DEQ-driven minimum effectively requires the city to regulate disturbances of at least a half acre.

Council and staff said the change is intended to close gaps between state/federal rules and local enforcement, and to protect creeks listed on Oregon DEQ’s 303(d) list.

Why it matters: The council was asked to balance DEQ compliance, development‑process costs for homeowners and builders, and the city’s capacity to implement inspections and enforcement. Staff said the ordinance must be in place to meet the city’s TMDL implementation deadline.

The proposed rules and staff responses

Sharon (city staff leading the draft ordinance discussion) told the council the update is driven by DEQ’s watershed plan and is not optional: “This is a DEQ requirement, and this has to be implemented, and it's in our implementation plan by September 3 of this year.” She said the ordinance would require permits and enforcement for certain land-disturbing activities and that state law sets a minimum the city must meet.

On thresholds, staff described a three-part approach the council can refine: - A city-proposed permit threshold set at 1,000 square feet of disturbance (staff said the common Oregon range is 1,000 to 10,000 square feet and the city chose 1,000 to capture small construction sites); - An absolute minimum the city cannot go below because of the watershed TMDL, which staff said equates to a half-acre threshold adopted for state/regional consistency; and - A proximity rule that requires a permit for work closer than a specified distance to mapped water bodies (the draft ties permitting to sites within about 50 feet of creeks or wetlands, but staff said the council can consider larger buffers).

Staff also addressed other concerns raised in public comment and by members of the council: - Liability for designers: Sharon said the draft aligns responsibility with accountability and does not make engineers or architects responsible for contractors’ field work; instead, designers are accountable for design errors and contractors for implementation. “If they designed an erosion control plan that was inaccurate, then they would be responsible for that portion of it and not for the actual work,” she said. - Small-scale gardening and homeowners: Staff said the city could exempt small gardens or raise the threshold so routine home projects are not unnecessarily burdened; they emphasized the need to avoid creating undue expense for homeowners. - Emergency work: Staff said there is no blanket exception for emergency repairs. However, they noted that most emergency repairs do not disturb the large areas the permit targets and that the permit is generally structured to remain active until final stabilization. - Inspections and staffing: Staff said engineering would perform inspections and that engineering team members are CECS-certified (certified erosion control sediment specialists), meaning the city expects to assign certified inspectors rather than rely solely on planning staff.

Public comment and timeline

Public commenter Al Peterson had urged the council to delete or modify parts of the proposed ordinance, calling some clauses overreaching and warning of added expense. Sharon and Jacob provided written answers and said staff circulated those answers in advance.

Staff said the permit program and enforcement language should be in place by the DEQ deadline. Sharon said the city can broaden the local threshold up to the half‑acre DEQ minimum but cannot go below it: “That's not negotiable. That's out of our hands.”

Ending: Council direction and next steps

Councilors asked staff to return with refined threshold options, clearer language for homeowners and a proposed buffer distance to water bodies. The council did not take a final vote; staff said they would bring back amendments (including consideration of excluding small gardens or raising the square‑foot threshold) and clearer cost/implementation details at a future meeting. Sharon also noted the cross‑departmental nature of implementation, with planning, engineering, public works and communications all participating.