Benton County, OR Animal Ordinances: Bird Protection (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.
(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?
How large is the protected buffer around a nest site?
Can I remove trees near a protected nest?
Can the county deny a permit to protect a nest site?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Oregon animal ordinances overview
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