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Benton County, OR Animal Ordinances: Bird Protection (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Buffer, eagle/owl/osprey nests
1/4 mile
Buffer, heron rookery/pigeon spring
600 feet
Reviewing agencies
ODFW and ODF
Agency response window
14 days
County notice to agencies
within 7 days of request
Tree removal exception
public safety, erosion control only

Summary

Benton County's Sensitive Fish and Wildlife Habitat Overlay Zone (/FW) protects Northern Bald Eagle, Osprey, and Spotted Owl nests with a quarter-mile development review buffer, and Great Blue Heron rookeries and Band-tailed Pigeon mineral springs with a 600-foot buffer. Any tree removal or permitted development inside those buffers triggers a mandatory review by the Oregon Department of Fish and Wildlife or Forestry before the county can approve it.

These county ordinances apply to unincorporated areas of Benton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(1)The Sensitive Fish and Wildlife Habitat Overlay Zone shall be applied to all Northern Bald Eagle nests and roosts, Spotted Owl nests, Osprey nests, Great Blue Heron rookeries, and Band-tailed Pigeon mineral springs.(2)Unless alternatively identified by using cultural boundaries, waterways, topography, or through a site specific evaluation of significant habitat components, an established Sensitive Fish and Wildlife Habitat Overlay Zone shall include the area:(a)Within 600 feet of a Great Blue Heron rookery or Band-tailed Pigeon mineral spring.(b)Within ¼ mile of a Northern Bald Eagle nest or roosting site, Spotted Owl nest, or Osprey nest; or ... Within the Sensitive Fish and Wildlife Habitat Overlay Zone, the removal of trees, except for public safety or erosion control, or any development activity which requires a permit shall be subject to the review procedure and evaluation criteria set forth in BCC 87.230.

Full Breakdown

230 create the Sensitive Fish and Wildlife Habitat Overlay Zone (/FW) to protect nesting, roosting, and watering habitat identified by the Oregon Department of Fish and Wildlife (ODFW) or Oregon Department of Forestry (ODF) for species classified as threatened or endangered, plus designated sensitive bird sites, layered on top of protections already provided by the Willamette River Greenway Program and the Oregon Forest Practices Act. 210(1) applies the overlay specifically to all Northern Bald Eagle nests and roosts, Spotted Owl nests, Osprey nests, Great Blue Heron rookeries, and Band-tailed Pigeon mineral springs.

Absent a site-specific evaluation, the overlay automatically extends 600 feet around a Great Blue Heron rookery or Band-tailed Pigeon mineral spring, and a quarter mile around a Northern Bald Eagle nest or roosting site, a Spotted Owl nest, or an Osprey nest. 230: the county notifies ODF and ODFW within 7 days of a permit or tree-removal request, and those agencies have 14 days to report back on impact. A finding of no impact, or no response within 14 days, ends the review. If ODF or ODFW find a significant impact, within 600 feet of a heron rookery or pigeon spring or within 600 feet of an eagle, owl, or osprey site, they must deliver a site-specific habitat management plan within 14 days, and the county can deny the application outright if the impact cannot be mitigated.

Violations & Fines

Removing trees or beginning permitted development inside a mapped Sensitive Fish and Wildlife Habitat Overlay buffer without completing the BCC 87.230 notification and review process is a Development Code violation Benton County Community Development enforces, and the county can deny or condition the underlying permit if ODF or ODFW conclude the project would destroy or cause abandonment of the protected nesting, roosting, or watering site.

Frequently Asked Questions

What bird species are protected by Benton County's wildlife overlay?
BCC 87.210(1) applies the Sensitive Fish and Wildlife Habitat Overlay to Northern Bald Eagle nests and roosts, Spotted Owl nests, Osprey nests, Great Blue Heron rookeries, and Band-tailed Pigeon mineral springs identified by the Oregon Department of Fish and Wildlife or the Oregon Department of Forestry.
How large is the protected buffer around a nest site?
The overlay extends a quarter mile around a Northern Bald Eagle, Spotted Owl, or Osprey nest, and 600 feet around a Great Blue Heron rookery or Band-tailed Pigeon mineral spring, unless a site-specific evaluation using waterways, topography, or cultural boundaries sets a different line.
Can I remove trees near a protected nest?
Only for public safety or erosion control without triggering review. Any other tree removal inside the overlay, or any development activity requiring a permit, must go through the BCC 87.230 process, notifying ODF and ODFW, who have 14 days to report on potential impact.
Can the county deny a permit to protect a nest site?
Yes. If ODF or ODFW find in their determination-of-impact report that the proposed use would destroy or cause abandonment of the protected habitat and the impact cannot be mitigated through conditions, BCC 87.230(4) requires Benton County to deny the application.

Sources & Official References

Other rules in Benton County

All Benton County rules

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