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Metro does not often impose sanctions on its municipalities, but the regional government may soon do just that.

Metro councilors last week voted to pursue enforcement actions against the city of Troutdale for failing to comply with its regional planning codes. Under Title 13 of Metro’s Urban Growth Management Functional Plan, cities are required to limit or mitigate development around certain wildlife habitats and natural resources.

Troutdale, believing its codes are already compliant, has decided not to adopt the Title 13 regulations.

鈥淲e just feel that we’re substantially compliant within our existing code, and all we’re asking is that Metro come out and spend some time in Troutdale and take a look around and tell us where we aren’t compliant, what needs to change in our code, and most importantly, why,鈥� Troutdale City Councilor Eric Anderson said.

But Martha Bennett, Metro’s chief operating officer, said the agency has discussed the matter with Troutdale leaders for more than two years and has been extraordinarily clear on the matter.

鈥淭his is really about fairness,鈥� Bennett said. 鈥淎ll the other jurisdictions in the region have to do this too and that’s why we have a regional government … It is a statewide land use planning goal, and we have decided as a region to collectively determine standards so there is equity across the region. Troutdale is part of the region.鈥�

Of the 25 cities in Metro’s jurisdiction, 21 have adopted the Title 13 codes. The cities of Portland, Damascus, Fairview and Troutdale have not. Metro’s decision to take action against Troutdale comes after two extensions were granted to the municipality to adopt the codes, Bennett said.

The next step, which Bennett said Metro is now obligated to pursue, is to close revenue streams like the Metropolitan Transportation Improvement Program, excise taxes from construction permits and money from a 2006 property tax bond measure.

Bennett added that Metro could then appeal to the state Land Conservation and Development Commission to have it withhold revenue, which it provides through liquor, cigarette and gas taxes 鈥� significant money for any city, Bennett said.

Troutdale City Councilor Doug Daoust is dreading that day.

鈥淣owadays, as with any budget reduction, that would affect our general fund,鈥� he said. 鈥淚t would definitely have an impact because we’re having to cut corners as it is.鈥�

But Daoust said he and his fellow city councilors and Mayor Jim Kight believe their codes are already sufficient to protect habitat lands and that additional regulations would simply burden property owners unnecessarily. In December, they sent a resolution to Metro councilors that said as much.

鈥淭he size of this ordinance is larger than the Portland city phone book,鈥� Councilor Glenn White said. 鈥淚 have a stack regarding Title 13 that is 2 feet tall. That makes it difficult for volunteer city councilors or a private property owner who wants to develop his land. It makes it extremely difficult and expensive unnecessarily.鈥�

White said an extensive code like that might be necessary for larger urban areas, but not Troutdale.

鈥淭hese are people we know,鈥� he said. 鈥淭hese are our neighbors that we have to answer to.鈥�

Bennett said a system like that works just fine 鈥� until it doesn’t.

鈥淔rankly, this is to protect the property owner as much as it is to protect the habitat,鈥� she said. 鈥淵ou need certainty in the regulatory process when you’re getting a permit. Otherwise you’re vulnerable on appeal.鈥�

While Troutdale’s code does require mitigation of development impacts, Bennett said the problem is that it has no objective standards for measuring whether a developer has met requirements.

One large project on the table in Troutdale calls for development of a new urban renewal area east of the city’s outlet malls. Part of that project involves turning large swaths of bramble and blackberry bushes along the Sandy River into pedestrian riverfront areas. Kight said the city is concerned that Title 13 could jeopardize aspects of that project.

Bennett said Metro has communicated to Troutdale officials that it is willing to work with them on that project.

But Kight said he also is concerned that property owners will not be adequately compensated when the code, for instance, increases setbacks along riverfront properties. Those are real concerns, he said, even while conservation remains a high priority.

鈥淲e recognize that we have to be good city stewards because once you lose it, you lose it for life,鈥� Kight said.

Metro will hold a public hearing on the matter sometime within the next 90 days. Daoust said Troutdale officials hope to hold negotiations with Metro before that time and to come to some resolution. Bennett said she is looking forward to those discussions.

鈥淏ut I do think my bosses are quite serious about them coming into compliance 鈥� making sure that everyone is treated the same,鈥� she said.