Oregon Law
Law as of Jan 1, 2024
Chapter contents
196.105Definitions for ORS 196.105 to 196.125 196.107Legislative findings on management plan; effect of plan on land use decisions; decertification of plan 196.109Effect of revision of urban area boundaries within scenic area on management plan 196.110Land use regulation in Columbia River Gorge National Scenic Area 196.115Appeal from decision of Columbia River Gorge Commission or county 196.120Exercise of eminent domain; property value 196.125Buffer by regulation around Columbia River Gorge National Scenic Area prohibited 196.150Compact provisions 196.155Authority for state officers and agencies to carry out duties under compact 196.160Membership on Columbia River Gorge Commission 196.165Status of commission employees for purposes of certain benefits 196.175Pacific Ocean Resources Compact ratified 196.180Compact provisions 196.185Representation on compact 196.200Definitions for ORS 196.200 to 196.240 and 196.993 196.205Establishment of Willamette Falls Locks Authority as independent public corporation 196.210Membership of authority 196.215Executive director; status of director and employees 196.220Powers and duties of authority 196.225Creation of tax-exempt entity by authority 196.230Revenue bonds issued by authority 196.235Financing agreements 196.240Audits; report to Legislative Assembly 196.405Definitions for ORS 196.405 to 196.515 196.407Policy 196.408Duties of state agencies 196.410Legislative findings for offshore oil and gas leasing 196.420Policy 196.425Oregon Ocean Resources Management Program 196.435Primary agency for certain federal purposes; restrictions 196.438Ocean Policy Advisory Council; members; term of office; quorum 196.443Duties of council 196.445[1987 c.576 §8; 1989 c.154 §1; 1989 c.904 §52; repealed by 1991 c.501 §18] 196.448Member compensation; meetings 196.450[1987 c.576 §9; repealed by 1991 c.501 §18] 196.451Technical advisory committee; duties; members; vacancies; advisory committees; rules 196.453Project review panels; guidelines 196.455Coordination with federal programs 196.465Compatibility of acknowledged comprehensive plans 196.470[1987 c.576 §12; repealed by 1991 c.501 §18] 196.471Territorial Sea Plan review requirements 196.475[1987 c.576 §13; 1991 c.501 §15; repealed by 2003 c.744 §14] 196.485State agency coordination requirements; incorporation of plans 196.490[1987 c.576 §18; repealed by 1991 c.501 §18] 196.495[1987 c.576 §19; repealed by 1991 c.501 §18] 196.500[1987 c.576 §20; repealed by 1991 c.501 §18] 196.505[1987 c.576 §21; repealed by 1991 c.501 §18] 196.515Short title 196.540Marine reserves; rules 196.542Limitation on ability of State Fish and Wildlife Commission to adopt prohibitions on fishing by rule 196.545Work plan; use of data and recommendations 196.550Funding 196.555Reporting; rules 196.565Oregon Ocean Science Trust; members; terms; compensation and expenses; rules 196.566Trust duties 196.567Oregon Ocean Science Fund; sources; uses 196.568Reimbursement from fund 196.569Report 196.570Agreements between Oregon Ocean Science Trust and private organizations; records; use of funds 196.571Policy 196.572Oregon Coordinating Council on Ocean Acidification and Hypoxia; members; terms; compensation and expenses; rules 196.573Council duties; biennial report 196.575Authorization to obtain federal oceanographic data; joint liaison program; use of data 196.580Liaison program duties 196.583Requirement to share geological data regarding territorial sea floor 196.600Definitions for ORS 196.600 to 196.655 196.605Purpose 196.610Powers of Director of Department of State Lands; fees 196.615Program for mitigation banks; program standards and criteria; rules 196.620Resource values and credits for mitigation banks; use and withdrawal of credits; annual evaluation of system by director 196.623Watershed enhancement project as mitigation bank; sale of mitigation credit 196.625Fill and removal activities in mitigation banks; reports 196.630Rules 196.635Director to consult and cooperate with other agencies and interested parties 196.640Oregon Removal-Fill Mitigation Fund; rules 196.643Payments to comply with permit condition, authorization or resolution of violation; report; rules 196.645Sources of fund 196.650Use of fund 196.655Report on Oregon Removal- Fill Mitigation Fund; contents 196.660Effect of ORS 196.600 to 196.655 196.665Short title 196.668Legislative findings 196.670[Formerly 541.605; renumbered 196.800 in 1989] 196.672Policy 196.674Statewide Wetlands Inventory; rules 196.675[Formerly 541.610; renumbered 196.805 in 1989] 196.676Response to notices from local governments 196.678Wetland conservation plans; contents; procedure for adopting 196.680[Formerly 541.615; renumbered 196.810 in 1989] 196.681Duties of department; standards for approval of plan; conditions for approval; order 196.682Permits required for removal or fill; conditions on issuance of permit 196.684Amendment of plans; review of plans by department; review of orders by Land Use Board of Appeals 196.685[Formerly 541.620; renumbered 196.815 in 1989] 196.686Acknowledged estuary management plans; review and approval; hearings; final order 196.687Regulation of alteration or fill of artificially created wetlands 196.688Public information program 196.690[Formerly 541.622; renumbered 196.820 in 1989] 196.692Rules 196.695[Formerly 541.625; renumbered 196.825 in 1989] 196.700[Formerly 541.626; renumbered 196.830 in 1989] 196.705[Formerly 541.627; renumbered 196.835 in 1989] 196.710[Formerly 541.630; renumbered 196.840 in 1989] 196.715[Formerly 541.635; renumbered 196.845 in 1989] 196.718[Enacted in lieu of 541.640; renumbered 196.850 in 1989] 196.720[Formerly 541.645; renumbered 196.855 in 1989] 196.725[Formerly 541.650; renumbered 196.860 in 1989] 196.730[Formerly 541.655; renumbered 196.865 in 1989] 196.735[Formerly 541.660; renumbered 196.870 in 1989] 196.740[Formerly 541.662; renumbered 196.875 in 1989] 196.745[Formerly 541.665; renumbered 196.880 in 1989] 196.750[Formerly 541.670; renumbered 196.885 in 1989] 196.755[Formerly 541.675; renumbered 196.890 in 1989] 196.760[Formerly 541.680; renumbered 196.895 in 1989] 196.765[Formerly 541.685; renumbered 196.900 in 1989] 196.770[Formerly 541.695; renumbered 196.905 in 1989] 196.795Streamlining process for administering state removal or fill permits; application for state program general permit; periodic reports to legislative committee 196.800Definitions for ORS 196.600 to 196.921 196.805Policy 196.806Adoption of fees by rule 196.810Permit for removal of material from or fill of waters; rules 196.812Large woody debris; rules 196.815Application for permit; rules; fees; disposition of fees 196.816General permits allowing removal of certain amount of material for maintaining drainage; rules; waiver of fees 196.817General permits; rules 196.818Wetland delineation reports; review by Department of State Lands; fees; rules 196.820Prohibition against issuance of permits to fill Smith Lake or Bybee Lake; exception 196.825Criteria for issuance of permit; conditions; consultation with public bodies; hearing; appeal 196.830Estuarine resource replacement as condition for fill or removal from estuary; considerations; other permit conditions 196.835Hearing regarding issuance of permit; procedure; appeals; suspension of permit pending appeal 196.840[Formerly 541.630 and then 196.710; repealed by 2005 c.729 §1] 196.845Investigations and surveys 196.850Waiving permit requirement in certain cases; rules; notice; review; fees; disposition of fees 196.855Noncomplying removal of material or filling as public nuisance 196.860Enforcement powers of director 196.865Revocation, suspension or refusal to renew permit 196.870Abatement proceedings; restraining order; injunction; public compensation 196.875Double and treble damages for destruction of public right of navigation, fishery or recreation; costs and attorney fees 196.880Fill under permit presumed not to affect public rights; public rights extinguished 196.885Annual report of fill and removal activities; contents of report 196.890Civil penalties 196.895Imposition of civil penalties 196.900Schedule of civil penalties; rules; factors to be considered in imposing civil penalties 196.905[Formerly 541.695 and then 196.770; 1999 c.610 §1; 2009 c.342 §3; 2011 c.16 §1; 2011 c.406 §3; 2017 c.428 §1; renumbered 196.921 in 2019] 196.906Legislative findings and declarations 196.909Definitions 196.910[1997 c.508 §2; 1999 c.59 §54; 2003 c.253 §14; 2007 c.354 §3; renumbered 196.931 in 2019] 196.911Maintenance without permit; applicability; notice 196.913Prohibitions; conditions 196.915State agencies’ review and responses to notice; additional conditions; expedited review; variances; inspections; records; rules 196.917Notice of violation; reasonable efforts to induce voluntary compliance 196.919Memoranda of understanding 196.921Applicability; rules 196.931Monitoring fill and removal activities; public education and information materials; periodic reports to legislative committee 196.990Penalties for unpermitted removal from or filling of waters 196.993Penalties for unauthorized use of Willamette Falls Locks

Chapter 196 — State Waters and Ocean Resources; Wetlands; Removal and Fill COLUMBIA RIVER GORGE 196.415 Legislative findings for ocean resources management

ORS 196.687 Regulation of alteration or fill of artificially created wetlands

(1)

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.

(2)

An area that was developed as a storm water detention or retention facility as a condition of a development approval shall not be altered or filled without acceptance by the approving authority of a plan to mitigate the loss of functional capabilities of the detention or retention facility.

(3)

Until a local government adopts an ordinance to conform its comprehensive plan and land use regulations to the provisions of this section, the provisions of subsection (1) of this section shall apply directly to proposed activities in wetland areas. Any portion of a goal, rule, comprehensive plan, land use regulation or ordinance not in conformance with the provisions of this section on September 9, 1995:

(a)

Shall not be implemented or enforced; and

(b)

Has no legal effect.

(4)

The provisions of this section do not apply to land used to mitigate the loss of wetlands.

(5)

If the Department of State Lands assumes responsibility under 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act, ORS 196.600 to 196.921 shall apply to artificially created wetlands described in subsections

(1)

and (2) of this section.

Note: 196.687 was enacted into law by the Legislative

Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.