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Stream Mitigation: Oregon's Innovative Approach for Function-Based Accounting

Melody Rudenko
Grey Wolf
Oregon Department of State Lands
Salem, OR

Authors: Rudenko, M., Wolf, G., Hicks, D., Nadeau, T.-L., Coulombe, R.

Oregon’s Removal-Fill Law, administered by the Oregon Department of State Lands (DSL), mandates that permitted impacts to state waters, including perennial and intermittent streams and rivers, must replace the environmental and community benefits – the functions and values – that will be lost. While the Stream Function Assessment Method (SFAM) has been developed and adopted into state rules to evaluate functions and values, Oregon currently lacks an accounting protocol for streams.

Determining compensatory mitigation requirements for stream projects is challenging due to many factors including: 1) determining the level to which functions and values should be replaced, 2) accurately reflecting partial losses or gains, 3) understanding when functions need to be replaced locally due to their value, 4) accounting for differences between the impacted stream reach and the mitigation reach (i.e., type, size, project length), and 4) adjustments needed to account for factors not already considered through the assessment approach or mitigation process.  

To address this, DSL partnered with the U.S. Environmental Protection Agency (USEPA) and the U.S. Army Corps of Engineers (USACE) to develop a stream mitigation accounting protocol using SFAM, that will be proposed through state rulemaking in 2025. The protocol primarily consists of a mathematical formula that:

  • uses SFAM scores to quantify functional change resulting from an action (impact or restoration),

  • considers the watershed context for the proposed action,

  • applies the stream project length as a unit of measure to quantify the SFAM scores,

  • accommodates changes to stream length within a project area, and

  • llows adjustments to address agency objectives.

This new stream mitigation accounting protocol also meets federal directives for compensatory mitigation under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act in Oregon. Oregon’s approach serves as a model for incorporating multi-agency policies and objectives for the benefit of the regulated community and the resources the agencies are entrusted with protecting.

 

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