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Portland Land Use Code

Citation
Portland Land Use Code 9.
Parent Document
Portland Land Use Code
Jurisdiction
Portland (municipal)

Other Sections in This Document (765)

Full Text

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9.   In order to maintain a buffer strip of                  within the Shoreland Overlay Zone,
     vegetation when the removal of storm                    including the buffer area.
     damaged or hazard trees results in the             12. Legally existing nonconforming cleared
     creation of cleared openings exceeding                  openings may be maintained but shall not
     250 square feet, these openings shall be                be enlarged, except as allowed by this
     replanted with native tree species in                   article.
     accordance with Subsection 11.4.3(D)               13. Fields and other cleared openings which
     unless existing new tree growth is present.             have reverted to primarily shrubs, trees, or
10. In order to maintain the vegetation in the               other woody vegetation shall be regulated
     shoreline buffer, clearing or removal of             under the provisions of this subsection.
     vegetation for allowed activities, including   B. Exemptions to clearing and vegetation
     associated construction and related                removal requirements.
     equipment operation, within or outside the         1.   The clearing and removal of vegetation
     shoreline buffer, must comply with the                  standards of Subsection 11.4.3(A) shall not
     requirements of Subsection 11.4.3(A)5.                  apply in the following zones: EWPZ, WCZ,
11. Selective cutting of not more than 40% of                WPDZ, B-3, B-5, B-6, I-L (on peninsula), and
     the volume of trees four inches or more in              I-M (on peninsula), except that the
     diameter, measured at four and one half                 following standards do apply:
     feet above ground level, shall be allowed               a.   Within a strip extending 75 inland
     within any ten-year period at distances                      from the normal high water line, there
     greater than 75 feet, horizontal distance,                   shall be no cleared opening or
     from the normal high-water line of any                       openings, except for approved
     river, stream, or tributary stream, or the                   construction, and a well-distributed
     upland edge of a wetland. Tree removal in                    stand of vegetation shall be retained.
     conjunction with the development of                     b.   Selective cutting of no more than 40%
     permitted uses shall be included in the                      of the trees four and one half inches
     40% calculation. For the purposes of these                   or more in diameter, measured at four
     standards, volume may be considered to                       and one half feet above ground level,
     be equivalent to basal area. In no event                     is allowed in any 10-year period, as
     shall cleared openings for any purpose,                      long as a well-distributed stand of
     including but not limited to, principal and                  trees and other natural vegetation
     accessory structures, driveways, lawns, and                  results.
     sewage disposal areas, exceed in the               2.   The following activities are exempt from
     aggregate 25% percent of the lot area                   the clearing and vegetation removal
     within the Shoreland Overlay Zone or                    standards set forth in Subsection 11.4.3(A),
     10,000 square feet, whichever is greater,               provided that all other applicable
     including land previously cleared. This                 requirements of this article are met, and
     provision applies to the portion of a lot CITY OF PORTLAND LAND USE CODE | 11-7 SHORELAND OVERLAY ZONE