How Milwaukie is Complying with Title 13

All jurisdictions within the Metro region are required to adopt code amendments that substantially conform to Title 13.

Metro provided a model ordinance that communities could adopt and set January 2009 as the deadline for compliance.

Milwaukie Planning staff began working to adopt Title 13 language prior to the deadline and determined (with the concurrence of the Planning Commission and City Council) that the model ordinance will need to be more carefully tailored to meet the needs of the community and fit with the City’s existing Water Quality Resource (WQR) regulations.

Metro allowed an extension while the City worked to craft new code language that blends the new proposed Title 13 rules with the existing WQR regulations for Water Quality Resources found in the municipal code. In March 2011, the City presented Metro with an analysis of how the proposed code language will comply with Metro's Urban Growth Management Functional Plan.

In the meantime, as of June 1, 2009, the City is implementing portions of the Title 13 model ordinance until the new regulations are completed and become effective. A memo from the Planning Director explains this interim implementation and shows which sections of the model ordinance will and will not be enforced. Where references are made to the "Milwaukie Native Plant List," note that the City is currently using the Portland Plant List as the list for Milwaukie.

Public participation is critical to developing the new code, to ensure that any new rules provide adequate protections for the community’s water resources and wildlife habitat without creating an onerous process for property owners and residents. The City developed a schedule and scope of work for the project, including a plan for stakeholder involvement.