Oregon Revised Statutes
As used in ORS 196.105 to 196.125: “Commission” means the Columbia River Gorge Commission established under section 5 of the Columbia River Gorge National Scenic Area Act, P.L. 99-663. “General management area” means the area within the scenic area that is not an urban area or special management area. “Management plan” means the management plan for the Co…
The Legislative Assembly, considering the recommendations of the Land Conservation and Development Commission, finds that the management plan adopted pursuant to the Columbia River Gorge National Scenic Area Act achieves on balance the purposes of the statewide planning goals adopted pursuant to ORS 197.230. Land use decisions subject to review under ORS 19…
If the urban area boundaries of the Columbia River Gorge National Scenic Area are revised to include land that was once within the general management area or the special management area, the management plan no longer applies to that land and the applicable provisions of ORS chapters 92, 195, 197, 197A, 215 and 227 and the rules, plans and ordinances adopted …
Notwithstanding any provision setting forth criteria or conditions for approval of a permit or requiring action by the county in ORS chapter 92, 195, 196, 197, 197A or 215 or in a local ordinance or charter, a county may deny any permit or otherwise refuse to take any action that is inconsistent with the purposes and standards as provided in sections 3 and 6…
For purposes of judicial review, decisions of the Columbia River Gorge Commission shall be subject to review solely as provided in this section, except as otherwise provided by the Columbia River Gorge National Scenic Area Act, P.L. 99-663. A final action or order by the commission in a review or appeal of any action of the commission pursuant to section 10…
Notwithstanding any other provision of law, in any proceeding by a state agency or local government to acquire property within the Columbia River Gorge National Scenic Area, through the exercise of the power of eminent domain, the property value shall not be reduced because of any diminution in value resulting from the potential of the taking.
Notwithstanding any other provision of law, no state agency, special district or local government may exercise any regulatory power for the purpose of establishing a scenic buffer around the Columbia River Gorge National Scenic Area. Such regulatory powers include but are not limited to: Exercising the power of eminent domain; Establishing scenic easements…
The Legislative Assembly of the State of Oregon hereby ratifies the Columbia River Gorge Compact set forth below, and the provisions of such compact hereby are declared to be the law of this state upon such compact becoming effective as provided in Article III. ______________________________________________________________________________ A compact is ente…
The Governor, the Columbia River Gorge Commission and all state agencies and counties are hereby directed and provided authority to carry out their respective functions and responsibilities in accordance with the compact executed under ORS 196.150 to 196.165 and the Columbia River Gorge National Scenic Area Act.
Each member of the Columbia River Gorge Commission appointed by the Governor under ORS 196.150 shall be subject to Senate confirmation pursuant to section 4, Article III of the Oregon Constitution and shall serve at the pleasure of the Governor until the member’s term expires or until a disqualifying change in residence. A member shall serve a period of fou…
The Columbia River Gorge Commission established under ORS 196.150 may designate its employees as employees and the commission as an employer subject to the Oregon Public Employees Retirement System under ORS chapters 238 and 238A or as an employer and employees subject to a retirement system provided by the State of Washington under the laws of the State of …
The Legislative Assembly of the State of Oregon hereby ratifies the Pacific Ocean Resources Compact as set forth in ORS 196.180. This compact shall take effect after two or more of the States of Alaska, California, Hawaii or Washington ratify the compact and consent is granted by Congress as required by section 10, Article I of the Constitution of the United…
The provisions of the Pacific Ocean Resources Compact are as follows: ______________________________________________________________________________ ARTICLE I Findings and Purpose A. The parties recognize: The States of Alaska, California, Hawaii, Oregon and Washington and the Province of British Columbia have a common interest in the protection of mari…
One member of the Senate appointed by the President of the Senate and one member of the House of Representatives appointed by the Speaker of the House of Representatives shall act as the representatives of the State of Oregon on the Pacific Ocean Resources Compact in accordance with the powers and duties set forth in the compact. Note: See note under 196.17…
As used in ORS 196.200 to 196.240 and 196.993, “Willamette Falls Locks project” means: The project for navigation, Willamette Falls Locks, Willamette River, Oregon, authorized by the Act of June 25, 1910 (61 P.L. 264, 36 Stat. 630, 664, chapter 382); Any land in which the federal government had a property interest for the project described in subsection (1…
The Willamette Falls Locks Authority is established as a public corporation and shall exercise and carry out all powers, rights and privileges that are expressly conferred upon the authority, are implied by law or are incident to such powers, rights and privileges. The authority is an independent public corporation with a statewide mission and purposes and w…
The Willamette Falls Locks Authority shall consist of no fewer than seven and no more than 11 individuals appointed by the Governor. An authority member holds office for a term of four years but may be removed at any time at the pleasure of the Governor. Members are eligible for reappointment. Prior to the expiration of the term of a member, the Governor sha…
The Willamette Falls Locks Authority shall appoint an executive director. The executive director is the executive officer of the authority responsible for day-to-day operations. Subject to the supervision of the authority, the executive director is authorized to direct the affairs of the authority. The executive director serves at the discretion of the autho…
Except as may otherwise be provided by law, the Willamette Falls Locks Authority may, within or outside the state: Adopt, alter, amend or repeal policies, procedures or bylaws for the organization, administration, development and management of the authority. Enter into contracts and agreements involving property, goods or services with any public or privat…
Pursuant to ORS 196.220, the Willamette Falls Locks Authority may create and maintain an entity that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, as amended, for the purpose of advancing the mission of the authority. Any entity created by the authority under subsection (1) of this section shall be considered: A un…
The Willamette Falls Locks Authority may from time to time issue and sell revenue bonds in accordance with ORS chapter 287A, except that ORS 287A.150 (2) to (6) do not apply to revenue bonds issued by the authority. Revenue bonds issued by the authority are not to any extent a general obligation of the authority nor a charge upon any revenues or property of …
As used in this section: “Credit enhancement agreement” means any agreement or contractual relationship between the Willamette Falls Locks Authority and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing additional credit on or security for a financing agreement or certificates of partic…
The Willamette Falls Locks Authority shall submit to periodic audits by the Secretary of State. The authority shall, no less than annually, retain a public accounting firm to examine and attest to the financial operations of the authority. The authority shall include the results of any public accounting in the annual report submitted to the Legislative Assem…
As used in ORS 196.405 to 196.515, unless the context requires otherwise: “Council” means the council established in ORS 196.438. “Exclusive Economic Zone” has the meaning set forth in Proc. 5030 whereby the United States proclaimed jurisdiction over the resources of the ocean within 200 miles of the coastline. “Panel” means a project review panel establi…
It is the policy of this state to: Work with the States of Washington and California to explore the possibility of development of communication information systems including a computerized system of coastal and marine resource information. Work with the States of Washington and California to develop compatible programs of ocean oil spill response, damage a…
State agencies shall, to the maximum extent practicable, coordinate development of coastal and ocean information systems with those in adjacent states. State agencies with responsibility for oil spill and hazardous material response, damage assessment and compensation in the marine environment shall, to the maximum extent practicable, coordinate Oregon’s pl…
The Legislative Assembly finds: Oregon’s territorial sea encompasses all the rocks and islands of the Oregon National Wildlife Refuge, borders all beaches, headlands and rocky intertidal areas and includes areas heavily used for commercial and recreational fishing. Navigation lanes for barges and vessels pass through the area. Oregon’s territorial sea is r…
The Legislative Assembly finds that: The Pacific Ocean and its many resources are of environmental, economic, aesthetic, recreational, social and historic importance to the people of this state. Exploration, development and production of ocean resources likely to result from both federal agency programs in federal waters of the outer continental shelf and …
It is the policy of the State of Oregon to: Conserve the long-term values, benefits and natural resources of the ocean both within the state and beyond by giving clear priority to the proper management and protection of renewable resources over nonrenewable resources; Encourage ocean resources development which is environmentally sound and economically ben…
To ensure the conservation and development of ocean resources affecting Oregon consistent with the purposes of ORS 196.405 to 196.515, a program of ocean resource planning and management is established. This program shall be known as the Oregon Ocean Resources Management Program and is part of Oregon’s coastal management program. The Oregon Ocean Resources M…
The Department of Land Conservation and Development is designated the primary agency for coordination of ocean resources planning. The department is designated the State Coastal Management Agency for purposes of carrying out and responding to the Coastal Zone Management Act of 1972. The department shall assist: The Governor with the Governor’s duties and op…
The Governor shall establish an Ocean Policy Advisory Council that is staffed by the State Department of Fish and Wildlife, the Department of Land Conservation and Development and other departments as the Governor deems necessary. The council shall be composed of: The Governor or the Governor’s designee, as a nonvoting member; The director or the director’…
The purposes of the Ocean Policy Advisory Council are to: Periodically review the Territorial Sea Plan and submit recommendations for the plan to state agencies represented on the council. The council shall recommend deletions to the Territorial Sea Plan of all site designations and management prescriptions to the Land Conservation and Development Commissio…
A member of the Ocean Policy Advisory Council is entitled to compensation and expenses as provided in ORS 292.495. The council shall meet at least once every six months at a place, day and hour determined by the council. The council also shall meet at other times and places specified by the call of the chair or of a majority of the members of the council.
The Ocean Policy Advisory Council shall establish a permanent scientific and technical advisory committee chaired by the director of the Sea Grant College program or other similarly qualified member of the council. The committee shall: Make recommendations to the council relating to the performance of the council’s functions; and Make recommendations, subj…
The Ocean Policy Advisory Council may establish project review panels to address and coordinate the interests of state, federal and local governments in specific development proposals. The council may adopt guidelines to establish criteria to create review panels and determine the scope of the activities of the panel. A panel shall not have any authority i…
To insure that the Oregon Ocean Resources Management Plan and Territorial Sea Plan are coordinated with federal agency programs for coastal and ocean resources, the Ocean Policy Advisory Council may invite federal agencies with responsibility for the study and management of ocean resources or regulation of ocean activities to designate a liaison to the counc…
The Oregon Ocean Resources Management Plan and Territorial Sea Plan, when adopted pursuant to ORS 196.471, shall be compatible with acknowledged comprehensive plans of adjacent coastal counties and cities. To insure that the plan is compatible with the comprehensive plans of adjacent coastal counties and cities, the Ocean Policy Advisory Council shall work …
The Land Conservation and Development Commission shall review the Territorial Sea Plan and any subsequent amendments recommended by the Ocean Policy Advisory Council to either the Territorial Sea Plan or the Oregon Ocean Resources Management Plan and make findings that the plan or amendments recommended by the council: Carry out the policies of ORS 196.405 …
If a state agency incorporates the Oregon Ocean Resources Management Plan and Territorial Sea Plan by reference in its coordination program and, upon a finding by the Land Conservation and Development Commission that the agency has amended its rules, procedures and standards to conform with the objectives and requirements of the plan and Territorial Sea Plan…
ORS 196.405 to 196.515 shall be known as the Oregon Ocean Resources Management Act. (Marine Reserves)
The State Department of Fish and Wildlife, State Fish and Wildlife Commission, State Land Board and relevant state agencies shall, consistent with existing statutory authority, implement: The November 29, 2008, recommendations from the Ocean Policy Advisory Council on marine reserves by adopting rules to establish, study, monitor, evaluate and enforce a pil…
In implementing the activities described in ORS 196.540 pursuant to ORS 196.545, the State Department of Fish and Wildlife shall use local resources where feasible and practical. Note: See note under 196.540.
The State Department of Fish and Wildlife, in consultation with members from the scientific and technical advisory committee established under ORS 196.451, other relevant marine and fishery scientists, relevant state agencies, ocean users and coastal communities shall implement the activities described in ORS 196.540 by developing and amending a work plan an…
The State Department of Fish and Wildlife may accept only gifts, grants or contributions from any source for deposit in the State Wildlife Fund established in ORS 496.300 that are consistent with the department’s work plan specified in ORS 196.545. Any designation of marine reserves in Oregon’s territorial sea must include commitments by relevant state agen…
Designation of marine reserves requires periodic reporting by the State Department of Fish and Wildlife in consultation with other relevant state agencies on the accomplishment of the goals described in ORS 196.545 (2)(e). The State Department of Fish and Wildlife and the State Land Board shall, based on review of the periodic reporting, initiate appropriate…
The Oregon Ocean Science Trust is established, consisting of seven members appointed as follows: The President of the Senate shall appoint one member from among members of the Senate. The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives. The State Land Board shall appoint five members who:…
The Oregon Ocean Science Trust shall: Promote peer-reviewed, competitive research and monitoring that leads to increased knowledge and understanding of Oregon’s ocean and coastal resources; Promote innovative, collaborative, community-oriented, multi-institutional approaches to research and monitoring related to Oregon’s ocean and coastal resources; Enhan…
The Oregon Ocean Science Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Ocean Science Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Ocean Science Trust for the purpose of carrying out the provisions of ORS 196.565, 196.566, 196.568 and …
Moneys deposited in the Oregon Ocean Science Fund may be used to reimburse: The State Treasurer for the costs of administering the fund as provided in ORS 196.567. The Department of State Lands for the costs of administering the Oregon Ocean Science Trust as provided in ORS 196.565 (7) and (9). Other agencies for the costs of providing support to the trus…
The Oregon Ocean Science Trust shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, by March 31 of each even-numbered year, describing the progress of the trust in carrying out its duties specified in ORS 196.566. The report may include relevant issues and trends of significance, including emerging scientific research and…
In order to further the strategic priorities of the Oregon Ocean Science Trust, the executive director of the Oregon Ocean Science Trust may enter into an agreement with a private, nonprofit organization under which the organization shall solicit gifts, grants and donations in support of the work of the trust. At least 30 days before the executive director …
The Legislative Assembly finds and declares that ocean acidification and hypoxia severely endanger the state’s commercially and culturally significant ocean resources. The Legislative Assembly therefore declares it to be the policy of the state to ensure a coordinated, effective response to ocean acidification and hypoxia. To facilitate efforts that are coor…
The Oregon Coordinating Council on Ocean Acidification and Hypoxia is established, consisting of 13 members as follows: The Governor or the Governor’s designee; The director of an initiative for integrative marine studies at Oregon State University or the director’s designee; The State Fish and Wildlife Director or the director’s designee; The Director o…
The Oregon Coordinating Council on Ocean Acidification and Hypoxia shall: Review and utilize relevant, scientifically supported information, including the recommendations of the West Coast Ocean Acidification and Hypoxia Science Panel and other available information, reports and studies, to: Identify research and monitoring activities necessary to better u…
The Department of Land Conservation and Development is authorized to participate on behalf of the State of Oregon with the States of Washington, California, Alaska and Hawaii in a joint liaison program with the Center for Ocean Analysis and Prediction of the National Oceanic and Atmospheric Administration. The objective of the program is to assist the state…
The liaison program shall: Assist state and local governments to become fully aware of oceanographic data and products available from the federal government and in particular from the Center for Ocean Analysis and Prediction. Assist the Center for Ocean Analysis and Prediction and the National Oceanic and Atmospheric Administration to become more fully awa…
Any person authorized by a public body, as defined in ORS 174.109, to develop energy resources in Oregon’s territorial sea, shall share any geological and geophysical data, including bathymetry, backscatter, seismic reflection and sample data, generated by the person regarding Oregon’s territorial sea floor with the Oregon territorial sea mapping project at …
As used in ORS 196.600 to 196.655: “Compensatory mitigation” means activities conducted by a permittee or third party to create, restore, enhance or preserve the functions and values of the water resources of this state to compensate for the removal-fill related adverse effects of project development to waters of this state or to resolve violations of ORS 1…
It is the purpose of ORS 196.600 to 196.655 to: Promote, in concert with other federal and state programs as well as interested parties, the maintenance and conservation of the water resources of this state; Improve cooperative efforts among private, nonprofit and public entities for the management and protection of the waters of this state; Offset losses…
Subject to approval by the State Land Board, the Director of the Department of State Lands may: Charge a fee for purchase of credits in the mitigation bank as provided by ORS 196.600 to 196.655. Acquire or accept title to lands suitable for use in mitigation banks or actions, or to preserve sensitive or unique habitat in or near the waters of this state. …
In accordance with the provisions of ORS 196.600 to 196.655, upon the approval of the State Land Board, the Director of the Department of State Lands shall initiate and implement a program for mitigation banks. The director shall encourage the development of and the expeditious approval of mitigation banks and other types of compensatory mitigation. Subject…
For each mitigation bank, the Department of State Lands shall establish a system of resource values and credits. A credit from a mitigation bank may be withdrawn for a condition imposed on a permit in accordance with ORS 196.825 (5), for any other authorization issued in accordance with ORS 196.800 to 196.921 or to resolve a violation of ORS 196.800 to 196.…
The Department of State Lands may approve a watershed enhancement program and certify the project as a mitigation bank under ORS 196.600 to 196.655 if the watershed enhancement program complies with the rules adopted by the department under ORS 196.615 for certification of a program as a mitigation bank. A person, state agency, federal agency, federally rec…
The Director of the Department of State Lands shall maintain a record of fill and removal activities and actions for each mitigation bank implemented and conduct monitoring of mitigation banks with moneys from the Oregon Removal-Fill Mitigation Fund. The director shall provide annual reports to the State Land Board on moneys spent and received for each miti…
Subject to the approval of the State Land Board, the Director of the Department of State Lands shall adopt rules according to the provisions of ORS chapter 183 to carry out the provisions of ORS 196.600 to 196.655.
The provisions of ORS 196.600 to 196.655 shall be carried out by the Director of the Department of State Lands. The Department of State Lands shall solicit, but not be bound by, comments from the State Department of Fish and Wildlife, Department of Transportation, Department of Land Conservation and Development, Department of Environmental Quality, Oregon Bu…
The Oregon Removal-Fill Mitigation Fund is established, separate and distinct from the General Fund. All moneys received under ORS 196.645 shall be paid into the State Treasury and credited to the Oregon Removal-Fill Mitigation Fund. All moneys in the fund are appropriated continuously to the Department of State Lands to be used by the department as set fort…
A person who provides off-site compensatory mitigation in order to comply with a condition imposed on a permit in accordance with ORS 196.825 (5), an authorization issued in accordance with ORS 196.800 to 196.921 or a resolution of a violation of ORS 196.800 to 196.921 may make a payment for credits to an approved mitigation bank with available credits or to…
The following moneys shall be paid into the Oregon Removal-Fill Mitigation Fund: Any moneys appropriated for that purpose by the Legislative Assembly; Moneys received from conditions imposed on a permit, authorizations or resolutions of violations, except civil penalties, involving compensatory mitigation in which the Department of State Lands is the party…
The Department of State Lands may use the moneys in the Oregon Removal-Fill Mitigation Fund for the following purposes: For the voluntary acquisition of land or interests therein suitable for use in mitigation banks. To pay for specific projects to create, restore, enhance or preserve water resources of this state for purposes of carrying out the provision…
As part of the report to the State Land Board required under ORS 196.885, the Director of the Department of State Lands shall prepare an annual report on the Oregon Removal-Fill Mitigation Fund. The report shall include, but need not be limited to: The financial status of the fund; Creation, restoration, enhancement or preservation activities and credits s…
ORS 196.600 to 196.655 are intended to be supplementary to, and are not intended to abrogate, any state or federal law relating to the waters of this state.
ORS 196.600 to 196.655 may be cited as the “Oregon Removal-Fill Mitigation Fund Act.” WETLAND CONSERVATION PLANS
The Legislative Assembly finds that: Wetlands provide a natural means of flood and storm damage protection through the absorption and storage of water during high runoff periods, thereby reducing flood crests and preventing loss of life and property; Wetlands provide essential breeding, spawning, rearing, feeding, nesting and wintering habitats for a major…
In addition to the policy described in ORS 196.805, it is the policy of the State of Oregon to: Promote the protection, conservation and best use of wetland resources, their functions and values through the integration and close coordination of statewide planning goals, local comprehensive plans and state and federal regulatory programs. Use a single defin…
The Department of State Lands shall compile and maintain a comprehensive Statewide Wetlands Inventory. In compiling the Statewide Wetlands Inventory, the department shall develop, by rule, a system for uniform wetland identification, delineation and comprehensive mapping. Initial inventories shall be based upon the National Wetlands Inventory prepared by th…
The Department of State Lands shall respond to the notice received from local governments pursuant to ORS 215.418 (1) and 227.350 (1) within 30 days of receipt of the notice. The response shall state whether a permit is or in the future will be required or whether a permit has been issued by the department for the activity which is subject to notice.
Any city or county may develop and submit to the Department of State Lands a wetland conservation plan for review pursuant to the provisions of ORS 196.678 to 196.684. A wetland conservation plan shall include the following elements: A description and maps of the area to be covered by the plan; A detailed inventory of the wetlands, identifying the locatio…
In accordance with rules adopted pursuant to this chapter, the Department of State Lands shall: Review any proposed wetland conservation plan or proposed amendment to an approved wetland conservation plan against the standards in this section; Prepare a proposed order that approves, approves with conditions or denies the proposed wetland conservation plan …
Except where otherwise provided by the order approving the plan, individual permit applications shall be required for removal or fill, or both, in areas subject to an approved wetland conservation plan. If individual permit applications are to be reviewed under the authority of the Director of the Department of State Lands, then application fees and review p…
Local governments shall provide notice to the Department of State Lands of any proposed amendments to the land use plan and ordinances affecting lands subject to a wetland conservation plan approved under this section. Amendments to plan policies, maps and implementing ordinances by the local government within an approved wetland conservation plan shall be …
For the purposes of this section, an acknowledged estuary management plan includes the comprehensive plan and land use regulations adopted by cities and counties to satisfy the requirement of statewide planning goals related to estuarine resources including shoreland portions of estuarine sites designated for development as those plans and regulations existe…
Notwithstanding the provisions of ORS 196.600 to 196.921, state or local governments shall not prohibit or restrict the alteration or fill of wetland areas up to one acre in size that have been artificially created from upland for the purpose of controlling, storing or maintaining storm water. An area that was developed as a storm water detention or retenti…
The Department of State Lands shall develop a public information program to educate permit applicants and the general public about: Wetland functions and values. The status and trends of Oregon’s wetlands. The Statewide Wetlands Inventory. Wetland regulation. Upon request, the department shall, within the limits of staffing ability, provide technical as…
The Department of State Lands shall adopt rules to carry out the provisions of ORS 196.668 to 196.692, 196.800, 196.810, 196.818, 196.825, 196.830, 196.850 to 196.860, 196.885, 196.921, 197.015, 197.279, 215.213, 215.283, 215.284, 215.418 and 227.350. Rules adopted pursuant to subsection (1) of this section shall include rules governing the application for …
REMOVAL OF MATERIAL; FILLING (Streamlining) Note: Section 2, chapter 45, Oregon Laws 1989, provides: Sec. 2. Provision relating to fills depending on EPA approval. (1) Notwithstanding any other provision of ORS 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989]: As used in ORS 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989], “fill” mea…
The Department of State Lands shall continue to pursue methods to streamline the process for administering permits for the removal of material from the bed or banks of any waters of this state or for filling the waters of this state, reducing paperwork, eliminating duplication, increasing certainty and timeliness and enhancing resource protection. The effort…
As used in ORS 196.600 to 196.921, unless the context requires otherwise: “Channel relocation” means a change in location of a channel in which a new channel is dug and the flow is diverted from the old channel into the new channel if more than 50 cubic yards of material is removed in constructing the new channel or if it would require more than 50 cubic ya…
The protection, conservation and best use of the water resources of this state are matters of the utmost public concern. Streams, lakes, bays, estuaries and other bodies of water in this state, including not only water and materials for domestic, agricultural and industrial use but also habitats and spawning areas for fish, avenues for transportation and sit…
In accordance with ORS chapter 183, the Director of the Department of State Lands shall adopt rules to establish fees for: Applications for, and renewal of, removal or fill permits required under ORS 196.810; The review of wetland delineation reports under ORS 196.818; or General authorizations under ORS 196.850. In establishing fees under subsection (1)…
Except as otherwise specifically permitted under ORS 196.600 to 196.921, a person may not remove any material from the beds or banks of any waters of this state or fill any waters of this state without a permit issued under authority of the Director of the Department of State Lands, or in a manner contrary to the conditions set out in the permit, or in a man…
The provisions of ORS 196.600 to 196.921 do not affect the removal of large woody debris if the large woody debris: Poses a direct and demonstrable danger to livestock, human life or real property; Poses a risk of harm to transportation facilities including, but not limited to, culverts, bridges and roads located near or within the beds or banks of any wat…
A person who is required to have a permit to remove material from the bed or banks or fill any waters of this state shall file a written application with the Director of the Department of State Lands and pay a fee established by the director by rule under ORS 196.806 for each individual project before performing any removal or fill. The Department of State …
As used in this section, “traditionally maintained channel” has the meaning given that term in ORS 196.909. Notwithstanding ORS 196.810, the Department of State Lands may establish by rule a general permit that allows the removal of no more than 100 cubic yards of material from waters of this state, including in essential indigenous anadromous salmonid habi…
Notwithstanding ORS 196.810, the Department of State Lands may establish a removal or fill general permit: By rule for processing applications on a statewide or geographic basis; or By order for an applicant or group of applicants to cover activities that are substantially similar in nature, are recurring or ongoing, and have predictable effects and outcom…
A person or governmental body requesting a permit under ORS 196.810 shall submit a wetland delineation report to the Department of State Lands for a determination of: Whether waters of this state are present on a specific land parcel; Where the boundaries of waters of this state are located on a land parcel; or Whether the waters of this state or a propos…
Notwithstanding any provision of ORS 196.600 to 196.921 to the contrary, except as provided in subsection (2) of this section, the Director of the Department of State Lands shall not issue any permit to fill Smith Lake or Bybee Lake, located in Multnomah County, below the contour line which lies 11 feet above mean sea level as determined by the 1947 adjusted…
The Director of the Department of State Lands shall issue a permit applied for under ORS 196.815 if the director determines that the project described in the application: Is consistent with the protection, conservation and best use of the water resources of this state as specified in ORS 196.600 to 196.921; and Would not unreasonably interfere with the par…
As used in this section, “estuarine resource replacement” means the creation, restoration or enhancement of an estuarine area to maintain the functional characteristics and processes of the estuary, such as its natural biological productivity, habitats and species diversity, unique features and water quality. Except as provided in subsection (4) of this sec…
Any person aggrieved or adversely affected by the grant of a permit by the Director of the Department of State Lands may file a written request for hearing with the director within 21 days after the date the permit was granted. If the director finds that the person making the written request has a legally protected interest which is adversely affected by the…
In considering applications for permits, the Director of the Department of State Lands may cause investigations or surveys to be made of the location of the work contemplated to determine whether such removal or filling is consistent with ORS 196.805 and 196.825.
Notwithstanding ORS 196.810, the Department of State Lands may, by rule, grant general authorization for removal of material from the bed or banks of any waters of this state or the filling of any waters of this state without a permit from the department if the department finds that the activities subject to the general authorization: Are substantially simi…
The removal of material from the beds or banks or filling any of the waters of this state without a permit issued under ORS 196.825, or in a manner contrary to the conditions set out in the permit, or in a manner contrary to the conditions set out in an order approving a wetland conservation plan, is a public nuisance.
If the Director of the Department of State Lands determines that material is being removed from or filling is occurring in any of the waters of this state without a permit issued under ORS 196.825, or in a manner contrary to the conditions set out in the permit, or in a manner contrary to the conditions set out in an order approving a wetland conservation pl…
If the Director of the Department of State Lands finds that a person holding a permit issued under ORS 196.825 is removing material from the bed or banks or filling any of the waters of this state contrary to the conditions set out in the permit, the director may revoke, suspend or refuse to renew such permit. The director may revoke a permit only after givi…
In addition to any enforcement action taken under ORS 196.860, civil proceedings to abate alleged public nuisances under ORS 196.855 may be instituted at law or in equity, in the name of the State of Oregon, upon relation of the Director of the Department of State Lands or by any person in the person’s name. Before beginning any action under subsection (1) …
If any person, through negligence, violates ORS 196.810, the Director of the Department of State Lands, in a proceeding brought pursuant to ORS 196.870, may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such vio…
If the Director of the Department of State Lands issues a permit to fill pursuant to ORS 196.600 to 196.921, it shall be presumed that such fill does not infringe upon the public rights of navigation, fishery or recreation, and the public rights to lands created by the fill shall be considered extinguished.
The Director of the Department of State Lands shall submit an annual report to the State Land Board on the activities conducted under ORS 196.600 to 196.921. The annual report shall include the following: The number of fill and removal permits applied for, denied and granted, organized according to whether or not the permits were for waters subject to secti…
Any person who violates any provision of ORS 196.600 to 196.921 or any rule, order or permit adopted or issued under ORS 196.600 to 196.921 shall be subject to a civil penalty in an amount to be determined by the Director of the Department of State Lands of not more than $10,000 per day of violation.
Civil penalties under ORS 196.890 shall be imposed as provided in ORS 183.745. The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the Director of the Department of State Lands under this section may be joined by the director with any other action taken against the same perso…
The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation. In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors: The past history of the person incurring a penalty in taking all feasible step…
(Traditionally Maintained Channels)
The Legislative Assembly finds and declares that: It is in the best interest of the state to create a simple regulatory approach for the maintenance of channels used for agricultural drainage and to improve awareness of, and compliance with, the removal and fill program provided for under ORS 196.600 to 196.921. The provisions of ORS 196.906 to 196.919 are…
As used in ORS 196.906 to 196.919: “Adaptive management” has the meaning given that term in ORS 541.890. “Channel” means the defined bed and bank that serve to confine where a stream of water runs. “Dry” means: Channel conditions where no flowing or standing water is present, other than small quantities of water that may occur in low areas of the channel…
Notwithstanding the permit requirements of ORS 196.810, a person may engage in removal activities or fill activities, or both, for conducting maintenance of a traditionally maintained channel without a permit from the Department of State Lands if: The person has a valid notice of maintenance activities on file with the State Department of Agriculture prior …
Activities for conducting maintenance of a traditionally maintained channel pursuant to a notice submitted under ORS 196.911 may not result in: The removal of more than 3,000 cubic yards per linear mile of traditionally maintained channel over the course of the five-year period for which the notice is valid; The spreading of material in: A wetland or conv…
The State Department of Agriculture shall, no later than five days after the date the department receives a notice filed pursuant to ORS 196.911, provide a copy of the notice to the State Department of Fish and Wildlife. The State Department of Fish and Wildlife shall, within 30 days after receiving a copy of the notice, provide a response to the State Depar…
Upon finding that a person has engaged in removal activities or fill activities for the maintenance of a traditionally maintained channel without a permit required under ORS 196.810 and in violation of ORS 196.911, 196.913 or 196.915, the State Department of Agriculture or the Department of State Lands, in consultation with the State Department of Fish and W…
The Department of State Lands and the State Department of Agriculture shall enter into a memorandum of understanding providing for the State Department of Agriculture to implement ORS 196.906 to 196.919. Subject to the terms of the memorandum of understanding, the State Department of Agriculture: May perform the functions of the Department of State Lands in…
Nothing in ORS 196.600 to 196.921 applies to filling the beds of the waters of this state for the purpose of constructing, operating and maintaining dams or other diversions for which permits or certificates have been or shall be issued under ORS chapter 537 or 539 and for which preliminary permits or licenses have been or shall be issued under ORS 543.010 t…
The Department of State Lands shall: Monitor removal and fill activities, including but not limited to prospecting and placer mining, within designated essential indigenous anadromous salmonid habitat areas to determine the effects of such activities on salmonid spawning and rearing habitat and compile the results in an annual report. Cooperate with the St…
Violation of ORS 196.810 is a misdemeanor. Note: Operation of the amendments to 196.990 by section 7, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001, as amended by section 19, chapter 11, Oregon Laws 2009 (second note under 196.800). The text that is operative afte…
A person who gains or attempts to gain unauthorized access to or use of the properties or facilities of the Willamette Falls Locks Authority in violation of any use restriction or condition imposed by the authority, including assessment of any fees, commits a Class D violation. In addition to any enforcement officers specifically identified in ORS 153.005, t…