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Council adopts natural-resources code amendments to align with tree code and housing rules

5342700 · July 10, 2025
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Summary

Council unanimously adopted changes to Milwaukie Municipal Code 19.402 to align natural-resources protections with the city's tree code and recent state housing requirements; staff added a narrowly defined allowance for very small bench-type features near water resources.

Milwaukie council adopted amendments to municipal code section 19.402 (natural resources) to improve clarity, align requirements with the city's recently updated tree code, and address state requirements related to housing.

Senior planner Brett Calver told council the amendments cover mapped water-quality and habitat conservation areas along the Willamette River, Johnson Creek and other wetlands. Staff's changes include clarification of standards, integration with the new tree code and a narrowly tailored allowance to permit very small "bench-type" features near a stream or wetland edge without triggering a full resource-review pathway.

Why it matters: the code update attempts to strike a balance between protecting sensitive riparian and wetland resources and allowing limited, low-impact public access features that help residents enjoy natural areas. Staff emphasized that the allowance is narrowly scoped and that larger disturbances continue to require formal review.

Council discussion focused on the limited exemption language and how to avoid opening a broader pathway for disturbance. Staff said the approach avoids the administrative burden of adjudicating whether a space is publicly accessible and instead creates a small, objective allowance for limited bench features.

Vote and outcome: the ordinance (file ZA2025-001) passed unanimously on first and second readings by title only and was recorded as ordinance 2254.

Ending: staff will incorporate the amended language into the municipal code and continue to coordinate implementation and mapping updates as part of the city's ongoing planning work.