2007 Oregon Code - Chapter 568 :: Chapter 568 - Soil and Water Conservation - Water Quality Management
Chapter 568 —
Soil and Water Conservation; Water Quality Management
2007 EDITION
SOIL & WATER CONSERVATION; MANAGEMENT
AGRICULTURE
SOIL AND WATER CONSERVATION DISTRICTS
(Generally)
568.210Â Â Â Â Definitions
for ORS 568.210 to 568.808 and 568.900 to 568.933
568.225Â Â Â Â Policy
568.300Â Â Â Â Petition
for formation of district; contents; consolidation of petitions
568.310Â Â Â Â Notice
of hearing; questions considered
568.320Â Â Â Â Owner
and interested parties have right to be heard; subsequent notice and hearings
568.330Â Â Â Â Determination
of need for district; factors considered in determination; territory need not
be contiguous
568.340Â Â Â Â Determination
of no need for district; subsequent petitions may be filed
568.350Â Â Â Â Referendum;
purpose
568.360Â Â Â Â Referendum
ballot; contents
568.370Â Â Â Â Eligible
electors
568.380Â Â Â Â Department
to pay expenses and supervise hearings and referenda; informalities in
referendum
568.390Â Â Â Â Referendum
results; majority required for creation of district
568.400Â Â Â Â Appointment
of first directors of district
568.410Â Â Â Â Formation
of district
568.420Â Â Â Â Certificate
of organization by Secretary of State; boundaries of district
568.430Â Â Â Â Petitions
for inclusion or withdrawal of territory; form; eligible electors
568.435Â Â Â Â Boundary
change notice for taxation purposes
568.440Â Â Â Â District
legally established; certificate as evidence
568.445Â Â Â Â Petitions
for inclusion of territory wholly within another district; approval or
disapproval by directors and department
568.450Â Â Â Â Procedure
for consolidating districts
568.460Â Â Â Â Referendum;
eligible electors; majority required
568.470Â Â Â Â Effect
of consolidation on several districts
568.480Â Â Â Â Petition
and referendum for discontinuance of district
568.490Â Â Â Â Directors
to wind up affairs and dispose of property; application and certificate to
Secretary of State
568.500Â Â Â Â Certificate
of dissolution; effect
568.510Â Â Â Â Proceedings
for discontinuance limited
568.515Â Â Â Â Termination
of inactive districtÂ’s existence
568.520Â Â Â Â Petitions
nominating directors; regular elections; duties of department
568.530Â Â Â Â Ballots;
write-in votes; unfilled positions
568.540Â Â Â Â Election
of directors
568.542Â Â Â Â Payment
of expenses for director election from county funds
568.545Â Â Â Â Procedure
for selection of directors of consolidated districts; selection of officers
568.550Â Â Â Â General
powers of directors; erosion control covenants; interagency cooperation
568.552Â Â Â Â Power
of directors to manage and control water resources and projects; authority of
Water Resources Commission
568.554Â Â Â Â District
to submit program and work plans for department review
568.555Â Â Â Â Name
of district may be changed
568.560Â Â Â Â Number
of directors; director qualifications; officers; election; terms; vacancies
568.565Â Â Â Â Procedures
for changing number of directors
568.570Â Â Â Â Majority
constitutes a quorum
568.580Â Â Â Â Annual
meeting
568.590Â Â Â Â Notice
of annual meeting
568.600Â Â Â Â Legal
counsel; delegation of powers; assistance to department
568.610Â Â Â Â Records;
audits
568.620Â Â Â Â Consultation
with county or municipal representatives
568.630Â Â Â Â Directors
may formulate land-use regulations; public meetings
568.640Â Â Â Â Referendum
on land-use regulations; notice; form of regulations; proposed regulations
available for inspection
568.650Â Â Â Â Contents
of referendum ballot; referendum governed by directors; landowners eligible to
vote
568.660Â Â Â Â Votes
necessary for approval; effect of regulations when adopted
568.670Â Â Â Â Landowner
may petition for amendment or repeal; procedure; referenda limited
568.680Â Â Â Â Scope
of regulations; approval by department
568.690Â Â Â Â Regulations
to be uniform; copies to be available to landowners
568.700Â Â Â Â Petition
to circuit court for enforcement of regulations; contents of petition
568.710Â Â Â Â Hearing
and decree; court may appoint referee; joinder of owner and occupant
568.720Â Â Â Â Court
retains jurisdiction until work completed; statement of expenses; judgment
568.730Â Â Â Â Officials
may enter private lands
568.740Â Â Â Â Board
of adjustment established for each district; membership; appointment; term;
disqualification
568.750Â Â Â Â Vacancies
in board of adjustment; compensation of members; administrative expenses
568.760Â Â Â Â Rules
of board of adjustment; meetings
568.770Â Â Â Â Petition
for relief from regulations; hearing; procedure; board may order variance of
regulations; appeal
568.780Â Â Â Â Certain
public agencies to be deemed owners
568.790Â Â Â Â County
funds for personnel and other uses; duties of county extension agent
568.801Â Â Â Â Stream
control and management projects; application; designation and implementation;
rules
568.803Â Â Â Â General
obligation bonds; refunding bonds; special taxes
568.805Â Â Â Â Special
assessments; improvement bonds; objections by landowners
(Tax Levying Authority)
568.806Â Â Â Â Ad
valorem tax; budget; collection
568.807Â Â Â Â Electors
authorizing taxation; election date
568.808Â Â Â Â Taxing
district to file legal description and map
WIND EROSION CONTROL
568.810Â Â Â Â Purpose
of ORS 568.810 to 568.890; types of wind erosion
568.820Â Â Â Â Designation
of areas by county court upon petition; description of boundaries
568.830Â Â Â Â Publication
and posting of notices describing districts; when regulations are enforced
568.840Â Â Â Â Election
of advisory board; meetings; members; functions
568.850Â Â Â Â Wind
erosion inspector; appointment; duties; appeal from decision; compensation;
expenses
568.860Â Â Â Â Inspector
may enter lands in district; service of notice on owner or occupant
568.870Â Â Â Â County
court may authorize inspector to control erosion; expenses of control
568.880Â Â Â Â Tax
levy for wind erosion control
568.890Â Â Â Â District
may be dissolved; disposition of district funds; change of district boundaries
AGRICULTURAL WATER QUALITY MANAGEMENT
568.900Â Â Â Â Definitions
for ORS 568.900 to 568.933
568.903    “Landowner”
defined
568.906Â Â Â Â Plan
implementation to involve local agencies
568.909Â Â Â Â Boundaries
for land subject to water quality plans; implementation of plan and rules
568.912Â Â Â Â Management
plan rules; required actions under rules; prohibiting specific practices;
landowner appeals
568.915Â Â Â Â Entry
upon land; purpose; consultation with Department of Justice; notice to
landowners
568.918Â Â Â Â Notice
to landowner of failure to perform requirements
568.921Â Â Â Â Fees
from landowners
568.924Â Â Â Â Interagency
agreements
568.927Â Â Â Â Law
inapplicable to certain forest practices
568.930Â Â Â Â Agricultural
activities subject to plan requirements; consultation with Environmental
Quality Commission; review and revision of plans
568.933Â Â Â Â Civil
penalties; availability; reductions
     568.010 [Repealed by 1983 c.499 §1]
     568.020 [Repealed by 1983 c.499 §1]
     568.030 [Repealed by 1983 c.499 §1]
     568.040 [Repealed by 1983 c.499 §1]
     568.050 [Repealed by 1983 c.499 §1]
     568.060 [Repealed by 1983 c.499 §1]
     568.070 [Repealed by 1983 c.499 §1]
     568.080 [Repealed by 1983 c.499 §1]
     568.090 [Repealed by 1983 c.499 §1]
     568.100 [Repealed by 1983 c.499 §1]
     568.110 [Repealed by 1983 c.499 §1]
     568.120 [Amended by 1969 c.314 §66; repealed by 1983
c.499 §1]
     568.130 [Repealed by 1983 c.499 §1]
SOIL AND
WATER CONSERVATION DISTRICTS
(Generally)
     568.210
Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933. As used in ORS 568.210 to 568.808 and
568.900 to 568.933, unless the context requires otherwise:
     (1) “Agency of this state” means any
public body as defined in ORS 174.109.
     (2) “Department” means the State
Department of Agriculture.
     (3) “Director” means one of the members of
the local governing body of a district elected or appointed in accordance with
the provisions of ORS 568.210 to 568.808 and 568.900 to 568.933.
     (4) “District” means a soil and water
conservation district.
     (5) “Due notice” means notice published at
least twice, with an interval of at least seven days between the two
publication dates, in a newspaper or other publication of general circulation
within the appropriate area, or if no such publication of general circulation
is available, by posting at a reasonable number of conspicuous places within
the appropriate area, such posting to include, where possible, posting at
public places where it may be customary to post notices concerning county or
municipal affairs generally. At any hearing held pursuant to such notice, at
the time and place designated in such notice, adjournment may be made from time
to time without the necessity of renewing such notice for such adjourned dates.
     (6) “Elector” means an individual
qualified to vote under section 2, Article II, Oregon Constitution.
     (7) “Government” or “governmental” means
the government of the
     (8) “Land” or “acres of land” includes
land owned by any of the parties enumerated in subsection (10) of this section.
     (9) “Land occupier” or “occupiers of land”
includes any person who is in possession of any land lying within a district,
whether as lessee, renter or tenant.
     (10) “Landowner” includes any person or
public body as defined in ORS 174.109 shown by records of the county to be the
owner of land or having such land under contract to purchase, lying within a
district.
     (11) “Long-range program” means a
long-range plan for the conservation and development of the renewable natural
resources of a district.
     (12) “Nominating petition” means a
petition filed under ORS 568.520 to nominate candidates for director.
     (13) “Petition” means a petition filed
under ORS 568.300 (1) for the creation of a district.
     (14) “State” means the State of
     (15) “
     568.220 [Amended by 1961 c.640 §2; repealed by 1971
c.147 §3]
     568.225
Policy. (1) In recognition
of the ever-increasing demands on the renewable natural resources of the state
and of the need to conserve, protect and develop such resources, it is hereby
declared to be the policy of the Legislative Assembly to provide for the
conservation of the renewable natural resources of the state and thereby to
conserve and develop natural resources, control and prevent soil erosion,
control floods, conserve and develop water resources and water quality, prevent
impairment of dams and reservoirs, assist in maintaining the navigability of
rivers and harbors, preserve wildlife, conserve natural beauty, promote
recreational development, protect the tax base, protect public lands and
protect and promote the health, safety and general welfare of the people of
this state.
     (2) It is further the policy of the
Legislative Assembly to authorize soil and water conservation districts
established under ORS 568.210 to 568.808 and 568.900 to 568.933 to participate
in effectuating the policy set forth in subsection (1) of this section and for
such purposes to cooperate with landowners, land occupiers, other natural
resource users, other local governments as defined in ORS 174.116, and with
agencies of the government of this state and of the United States, in projects,
programs and activities calculated to accelerate such policies. In effectuating
the policy set forth in subsection (1) of this section, the soil and water
conservation districts also shall strive to achieve the goal set forth in ORS
468B.155. [1971 c.147 §2; 1989 c.833 §63; 2003 c.802 §145]
     568.230 [Amended by 1955 c.142 §5; 1963 c.90 §2;
1969 c.610 §2; repealed by 1981 c.92 §4]
     568.240 [Amended by 1953 c.268 §2; 1955 c.142 §6;
1969 c.610 §4; 1971 c.133 §1; 1973 c.792 §26; repealed by 1981 c.92 §4]
     568.250 [Amended by 1955 c.142 §7; repealed by 1981
c.92 §4]
     568.260 [Amended by 1969 c.610 §5; repealed by 1981
c.92 §4]
     568.270 [Amended by 1953 c.268 §2; 1955 c.142 §8;
1969 c.610 §6; 1971 c.133 §2; repealed by 1981 c.92 §4]
     568.280 [Amended by 1969 c.135 §2; 1969 c.314 §67;
1969 c.610 §§7,8; repealed by 1981 c.92 §4]
     568.290 [Amended by 1957 c.603 §1; 1959 c.575 §1;
1961 c.641 §1; 1963 c.377 §1; repealed by 1981 c.92 §4]
     568.300
Petition for formation of district; contents; consolidation of petitions. (1) Any 25 or more landowners or the owners
of more than 70 percent of the acres of land lying within the limits of the
territory proposed to be organized into a district may file a petition with the
State Department of Agriculture asking that a soil and water conservation
district be organized to function in the territory described in the petition.
Such petition shall set forth:
     (a) The proposed name of the district.
     (b) That there is need, in the interest of
the general welfare, for a soil and water conservation district to function in
the territory described in the petition.
     (c) A description of the territory
proposed to be organized as a district, which description is not required to be
given by metes and bounds or by legal subdivision but is sufficient if
generally accurate.
     (d) A request that the department duly
define the boundaries for the district, that a referendum be held within the
territory so defined on the question of the creation of a district in such
territory, and that the department determine that a district be created.
     (2) When more than one petition is filed
covering parts of the same territory, the department may consolidate all or any
such petitions. [Amended by 1981 c.92 §7]
     568.310
Notice of hearing; questions considered. Within 60 days after the petition has been filed with the State
Department of Agriculture, it shall cause due notice to be given of a proposed
hearing:
     (1) Upon the question of the desirability
and necessity, in the interest of the general welfare, of the creation of the
district.
     (2) Upon the question of the appropriate
boundaries to be assigned to the district.
     (3) Upon the propriety of the petition and
other proceedings taken under ORS 568.210 to 568.808 and 568.900 to 568.933.
     (4) Upon all questions relevant to such
inquiries. [Amended by 1981 c.92 §8]
     568.320
Owner and interested parties have right to be heard; subsequent notice and
hearings. (1) All owners of
land within the limits of the territory described in the petition and of lands
within any territory considered for addition to such described territory, and
all other interested parties, shall have the right to attend such hearings and
to be heard.
     (2) If it appears upon the hearing that it
may be desirable to include within the proposed district territory outside of
the area within which due notice of the hearing has been given, the hearing
shall be adjourned. Due notice of further hearing shall then be given
throughout the entire area considered for inclusion in the district and such further
hearing held.
     568.330
Determination of need for district; factors considered in determination;
territory need not be contiguous. (1) After the hearing, if the State Department of Agriculture
determines upon the facts presented at the hearing and upon such other relevant
facts and information as may be available, that there is need, in the interest
of the general welfare, for a district to function in the territory considered
at the hearing, it shall make and record such determination and shall define
the boundaries of the district.
     (2) In making the determination and
defining the boundaries, the department shall give due weight and consideration
to:
     (a) The topography of the area considered
and of the state.
     (b) The composition of the soils.
     (c) The distribution of erosion.
     (d) The prevailing land-use practices.
     (e) The desirability and necessity of
including within the boundaries the particular lands under consideration and
the benefits such lands may receive from being included within such boundaries.
     (f) The relation of the proposed area to
existing water sheds and agricultural regions and to other soil and water
conservation districts already organized or proposed for organization.
     (g) Such other physical, geographical, and
economic factors as are relevant.
     (3) The territory to be included within
such boundaries need not be contiguous. [Amended by 1981 c.92 §9]
     568.340
Determination of no need for district; subsequent petitions may be filed. (1) If the State Department of Agriculture
determines after the hearing and after due consideration of the relevant facts,
that there is no need for a soil and water conservation district to function in
the territory considered at the hearing, it shall make and record such
determination and shall deny the petition.
     (2) After one year has expired from the
date of the denial of the petition, subsequent petitions covering the same or
substantially the same territory may be filed as provided in ORS 568.300 and
new hearings be held and determinations made thereon. [Amended by 1981 c.92 §10]
     568.350
Referendum; purpose. (1)
After the State Department of Agriculture has made and recorded a determination
that there is need, in the interest of the general welfare, for the
organization of a district in a particular territory and has defined the
boundaries thereof, it shall consider the question whether the operation of a
district within such boundaries with the powers conferred upon soil and water
conservation districts in ORS 568.210 to 568.808 and 568.900 to 568.933 is
administratively practicable and feasible.
     (2) To assist the department in the
determination of such administrative practicability and feasibility, the
department, within a reasonable time after entry of the finding that there is
need for the organization of the proposed district and the determination of the
boundaries thereof, shall hold a referendum within the proposed district upon
the proposition of the creation of the district, and shall cause due notice of
such referendum to be given. [Amended by 1981 c.92 §11]
     568.360
Referendum ballot; contents.
The question shall be submitted by ballots upon which the words “For creation
of a soil and water conservation district of the lands below described and
lying in the County(ies) of ______, and ______ “ and “Against creation of a
soil and water conservation district of the lands below described and lying in
the County(ies) of ______ and ______ “ shall be printed, with a square before
each proposition and a direction to insert an X mark in the square before one
or the other of said propositions as the elector may favor or oppose creation
of the district. The ballot shall set forth the boundaries of the proposed
district as determined by the State Department of Agriculture. [Amended by 1981
c.92 §12]
     568.370
Eligible electors. (1) All
electors residing within the boundaries of the territory, as determined by the
State Department of Agriculture, shall be eligible to vote in the referendum.
     (2) For the purpose of the referendum, the
county clerk shall assist the department in obtaining a list of electors
residing within the boundaries of the proposed area. [Amended by 1957 c.603 §2;
1973 c.656 §2; 1981 c.92 §13]
     568.380
Department to pay expenses and supervise hearings and referenda; informalities
in referendum. (1) The State
Department of Agriculture shall pay all expenses for issuance of the notices
and conduct of the hearings and referenda, and shall supervise the conduct of
the hearings and referenda. It shall issue appropriate regulations governing
the conduct of the hearings and referenda.
     (2) No informalities in the conduct of the
referendum or in any matters relating thereto shall invalidate the referendum
or the result thereof, if notice thereof was given substantially as provided in
ORS 568.310 or 568.320 and the referendum was fairly conducted. [Amended by
1981 c.92 §14; 1983 c.83 §106]
     568.390
Referendum results; majority required for creation of district. The State Department of Agriculture shall
publish the results of the referendum. Unless the creation of the district is
favored by a majority of the electors at an election, the district shall not be
created. [Amended by 1973 c.656 §3; 1981 c.92 §15]
     568.400
Appointment of first directors of district. If the State Department of Agriculture determines that the operation
of the proposed district within the defined boundaries is administratively
practicable and feasible, it shall appoint not less than two nor more than four
directors, as deemed necessary after giving due consideration to the size and
population of the district. [Amended by 1955 c.142 §10; 1981 c.92 §16]
     568.410
Formation of district. A
soil and water conservation district may be formed in the following manner:
     (1) The three candidates referred to in
ORS 568.540 shall present to the Secretary of State an application signed and
sworn to by them, which shall set forth the procedure followed in the formation
of the district.
     (2) The application shall be accompanied
by a map of uniform scale showing the location and boundaries of the district
and by a statement by the State Department of Agriculture. The statement shall
certify that a petition was filed, notice issued and hearing held as provided
by ORS 568.300 to 568.320; that the department did determine that there is need,
in the interest of the general welfare, for a soil and water conservation
district to function in the proposed territory and did define the boundaries
thereof; that notice was given and a referendum held on the question of the
creation of the district, and that the result of the referendum showed the
required majority of the electors residing in the district to favor creation of
the district.
     (3) The Secretary of State shall examine
the application and statement. If the Secretary of State finds that the name
proposed for the district is not identical with that of any other district of
this state or so nearly similar as to lead to confusion or uncertainty, the
Secretary of State shall receive and file them and shall record them in an
appropriate book of record in the office of the secretary.
     (4) If the Secretary of State finds that
the name proposed for the district is identical with that of any other soil and
water conservation district of this state or so nearly similar as to lead to
confusion and uncertainty, the Secretary of State shall certify such fact to
the department, which shall thereupon submit to the Secretary of State a name
for the district which is not subject to such defects.
     (5) Upon receipt of the new name free of
such defects, the Secretary of State shall record the application and
statement, with the name so modified.
     (6) The formation of the district is final
when the application and statement have been made, filed and recorded as
provided in this section. [Amended by 1955 c.142 §11; 1973 c.656 §4; 1981 c.92 §17;
1983 c.83 §106a; 2003 c.802 §146]
     568.420
Certificate of organization by Secretary of State; boundaries of district. (1) The Secretary of State shall make and
issue to the three candidates referred to in ORS 568.540 a certificate, under
the seal of the state, of the organization of the district, and shall record
such certificate with the application and statement.
     (2) The boundaries of such district shall
include the territory as determined by the department as provided in ORS
568.330, but in no event shall they include any area included within the
boundaries of another soil and water conservation district. [Amended by 1955
c.142 §12; 1981 c.92 §18]
     568.430
Petitions for inclusion or withdrawal of territory; form; eligible electors. (1) Except as otherwise provided in ORS
568.445, petitions for including additional territory within an existing
district or for withdrawing territory already within a district may be filed
with the State Department of Agriculture and the proceedings provided for in
the case of petitions to organize a district shall be observed in the case of
petitions for such inclusion or withdrawal.
     (2) The department shall prescribe the
form for such petitions, which shall be as nearly as may be in the form prescribed
in ORS 568.300 for petitions to organize a district.
     (3) When the petition is signed by
two-thirds of the landowners in the area proposed for inclusion or withdrawal
no referendum need be held. The number of landowners in the area shall be
determined by the county assessor, who shall issue a certificate stating the
number of landowners of record within the boundaries of the area proposed for
inclusion or withdrawal.
     (4) In referenda upon petitions for such
inclusion or withdrawal all electors residing within the proposed additional
area or area to be withdrawn are eligible to vote. [Amended by 1955 c.142 §13;
1957 c.603 §3; 1973 c.656 §5; 1981 c.92 §19]
     568.435
Boundary change notice for taxation purposes. For purposes of ad valorem taxation, a boundary change must be filed
in final approved form with the county assessor and the Department of Revenue
as provided in ORS 308.225. [2001 c.138 §50]
     Note: 568.435 was added to and made a part of
568.210 to 568.808 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     568.440
District legally established; certificate as evidence. In any suit, action or proceeding involving
the validity or enforcement of, or relating to, any contract, proceeding or
action of the district, the district shall be deemed to have been established
in accordance with the provisions of ORS 568.210 to 568.808 and 568.900 to
568.933 upon proof of the issuance of the certificate provided for in ORS 568.420
or 568.555 by the Secretary of State. A copy of such certificate certified by
the Secretary of State shall be admissible in evidence in any such suit, action
or proceedings and shall be proof of the filing and contents thereof. [Amended
by 1983 c.740 §219]
     568.445
Petitions for inclusion of territory wholly within another district; approval
or disapproval by directors and department. (1) Proceedings for inclusion within a district territory adjacent
thereto and located wholly within another district may be initiated by:
     (a) A petition for inclusion filed with
the directors of the district within which the territory is proposed to be
included, signed by 25 or two-thirds, whichever is the lesser, of the
landowners of the adjacent territory; or
     (b) Resolutions for inclusion adopted by
the board of directors of each district to be affected by the inclusion and
filed with the State Department of Agriculture.
     (2) The department shall prescribe the
form for such petitions. The directors of the district within which the
territory is proposed to be included shall approve or disapprove such a
petition. If they approve the petition, the directors shall forward it to the
department.
     (3) Upon receipt of a petition forwarded
as provided in subsection (2) of this section or a resolution as provided in
subsection (1)(b) of this section, the department shall investigate the
proposed inclusion of territory, taking into consideration:
     (a) The reasons for the proposed
inclusion.
     (b) The reaction of the landowners of the
district within which the territory in question is located to the proposed
inclusion.
     (c) The effect of the inclusion on the
district within which the territory in question is located and the district
within which the territory is proposed to be included.
     (d) Any other matters deemed pertinent by
the department.
     (4) After the investigation the department
shall approve or disapprove the petition. If the department approves the
petition, the inclusion of the territory within the one district and the withdrawal
thereof from the other district shall be effective, and the department shall
present to the Secretary of State a statement of such approval and a map of
each district affected showing the new boundaries thereof. The Secretary of
State, upon receipt of the statement and maps, shall make the necessary changes
in the appropriate records in the office of the secretary. [1955 c.142 §3; 1973
c.656 §6; 1981 c.92 §20]
     568.450
Procedure for consolidating districts. (1) Proceedings to consolidate two or more soil and water conservation
districts may be initiated by:
     (a) Petitions to consolidate filed with
the State Department of Agriculture by any 25 or more owners of land within the
districts affected; or
     (b) Resolutions to consolidate adopted by
the board of directors of each district to be affected by the consolidation and
filed with the department.
     (2) If consolidation is initiated as
provided in this section, proceedings on the resolutions or petitions shall be
as provided for proceedings to organize a district except as otherwise provided
by this section and ORS 568.460, 568.470 and 568.545.
     (3) A referendum on the consolidation
shall be called by the department:
     (a) If, at the hearing called by the
department on the proposed consolidation or within 30 days after the hearing,
written objections to the consolidation are filed with the department by 10
percent of the landowners in any one of the consolidating districts.
     (b) Even if no objections are filed with
the department as provided in this subsection, unless within 60 days following
the hearing the board of each consolidated district, by a two-thirds vote,
approves the consolidation and the boundaries of the consolidated district as
approved by the department.
     (4) The department shall prescribe the
form for petitions to consolidate which shall contain the information necessary
to the proceedings and be similar to the form prescribed in ORS 568.300 for
petitions to organize a district. [Amended by 1965 c.155 §1; 1981 c.92 §21;
2005 c.281 §1]
     568.460
Referendum; eligible electors; majority required. In the holding of the referendum for
consolidation all electors residing within the affected districts shall be
eligible to vote. Unless a majority of the electors in each of the districts
involved votes in favor of the proposal, the districts shall not be
consolidated. [Amended by 1973 c.656 §7]
     568.470
Effect of consolidation on several districts. In case of consolidation of districts, the corporate existence, and
terms of office of the officers, of the old districts shall expire upon
issuance and recording by the Secretary of State of a certificate of the due
organization of the consolidated district. Upon consolidation, all the rights
and liabilities of the several consolidating districts shall be vested in and
assumed by the consolidated district, and all regulations formulated under ORS
568.630 to 568.770 for the several consolidating districts shall remain in
effect until superseded by regulations formulated by the consolidated district.
[Amended by 1961 c.236 §1]
     568.480
Petition and referendum for discontinuance of district. (1) At any time after five years after
organization of a district, any 25 or more landowners or the owners of more
than 50 percent of the acres of land lying within the boundaries of such
district may file a petition with the State Department of Agriculture praying
that the operations of the district be terminated and the existence of the
district discontinued. The department may conduct such public meetings and
public hearings upon such petition as may be necessary to assist it in the
consideration thereof.
     (2) Within 60 days after such a petition
has been received by the department it shall give due notice of the holding of
a referendum, and issue appropriate regulations governing the conduct thereof,
the question to be submitted by ballots upon which the words “For terminating
the existence of the ______ (name of the soil conservation district to be here
inserted)” shall be printed, with a square before each proposition and a
direction to insert an X mark in the square before one or the other of the
propositions as the elector may favor or oppose discontinuance of such
district.
     (3) Only electors residing within the
boundaries of the district are eligible to vote in such referendum. No
informalities in the conduct of such referendum or in any matters relating
thereto shall invalidate the referendum or the result thereof, if notice
thereof has been given substantially as provided in this section and the
referendum has been fairly conducted. [Amended by 1973 c.656 §8; 1981 c.92 §22]
     568.490
Directors to wind up affairs and dispose of property; application and certificate
to Secretary of State. (1)
The State Department of Agriculture shall publish the results of the referendum
and shall record and certify such determination to the directors of the
district. If a two-thirds majority of those voting votes for terminating the
district, the directors shall forthwith proceed to wind up the affairs of the
district. The directors shall dispose of all property belonging to the district
at public auction and shall pay over the proceeds of such sale to be conveyed
into the State Treasury.
     (2) The directors shall thereupon file an
application, duly verified, with the Secretary of State for the discontinuance
of the district, and shall transmit with the application the certificate of the
department setting forth the results of the referendum and stating that the
property of the district has been disposed of and the proceeds paid over as in
this section provided, and shall set forth a full accounting of such properties
and proceeds of the sale. The Secretary of State shall issue to the directors a
certificate of dissolution and shall record such certificate in an appropriate
book of record in the office of the secretary. [Amended by 1955 c.142 §14; 1981
c.92 §23]
     568.500
Certificate of dissolution; effect. Upon issuance of the certificate of dissolution, all ordinances and
regulations theretofore adopted and in force within such districts shall be of
no further force and effect. All contracts theretofore entered into, to which
the district or directors are parties, shall remain in force and effect for the
period provided in such contracts. The State Department of Agriculture shall be
entitled to all benefits and subject to all liabilities under such contracts
and shall have the right and liability to perform, to require performance, to
sue and be sued thereon, and to modify or terminate such contracts by mutual
consent or otherwise, as the directors of the districts would have had. Such
dissolution shall not affect the lien of any judgment entered under ORS 568.720
nor the pendency of any action instituted under ORS 568.700 to 568.720. The
department shall succeed to all the rights and obligations of the district or
directors as to such liens and actions. [Amended by 1981 c.92 §24]
     568.510
Proceedings for discontinuance limited. The State Department of Agriculture shall not entertain petitions for
discontinuance of any district nor conduct referenda upon such petitions nor
make determinations pursuant to such petitions in accordance with ORS 568.480
and 568.490 more often than once each year after the first five-year period. [Amended
by 1981 c.92 §25]
     568.515
Termination of inactive districtÂ’s existence. At any time after five years after organization of a district and not
more than once each year, the State Department of Agriculture may make and
record a determination that the district is inactive. The department may
conduct such public meetings and public hearings as may be necessary to assist
it in making the determination. Within 60 days after it makes and records such
a determination, the department shall give due notice of the holding of a
referendum, and a referendum shall be held and such further proceedings had for
terminating the district as provided in ORS 568.480 to 568.500. [1955 c.142 §4;
1981 c.92 §26]
     568.520
Petitions nominating directors; regular elections; duties of department. (1) Within 30 days after the hearings on
creation or consolidation of districts as provided in ORS 568.300 and 568.450,
but not later than a date set by the State Department of Agriculture,
nominating petitions may be filed with the department to nominate candidates
for directors of such district.
     (2) A regular election shall be held in
each district on the first Tuesday following the first Monday of November in
each even-numbered year for the purpose of electing directors to succeed those
whose terms expire the following January. Nominating petitions of candidates
for director to be voted for at a general district election shall be filed with
the department no later than a date set by the department.
     (3) The department may extend the time
within which nominating petitions may be filed.
     (4) The department may not accept a
nominating petition unless it is subscribed by 10 or more electors residing
within the boundaries of the district.
     (5) Electors residing within the
boundaries of the district may sign more than one nominating petition to
nominate more than one candidate for director.
     (6) To the extent of any conflict between
ORS chapter 255 and the provisions of ORS 568.530, 568.540, 568.545 and 568.560
and this section, the provisions of ORS 568.530, 568.540, 568.545 and 568.560
and this section control. Elections officers, as defined in ORS 255.005, are
not responsible for delivering, preparing or publishing information concerning
district elections. The department shall timely distribute and collect the
forms established by the Secretary of State for updating information on members
of district boards, including, but not limited to, any forms for information
concerning the district offices to be filled or for which candidates are to be
nominated or elected, or for information concerning the candidates. The
department shall timely prepare and publish notice of the date for filing
nominating petitions and the date of the election in a newspaper of general
circulation within the district no later than 30 days before the final filing
date. The department shall retain the information forms and publication
information for not less than four years after the election for which the forms
and publication were completed. [Amended by 1973 c.656 §9; 1981 c.92 §27; 1983
c.83 §106b; 1983 c.238 §2; 2007 c.690 §1]
     568.530
Ballots; write-in votes; unfilled positions. (1) The names of all nominees for director on behalf of whom such
nominating petitions have been filed with the State Department of Agriculture
within the time designated as provided by ORS 568.520 shall be furnished by the
department to the county clerk of the respective counties lying within the
district not less than the 61st day before the date of the general election.
Ballots shall be printed, voted, counted and canvassed in conformity with the
provisions of general law relating to elections, except as otherwise provided
by subsections (2) to (4) of this section or ORS 568.210 to 568.808 and 568.900
to 568.933.
     (2) If no nominee for a position qualifies
under subsection (1) of this section to have the name of the nominee furnished
to the county clerk for placement on the ballot, the position becomes open for
write-in votes on the ballot. An elector who meets the qualifications to become
a director of the district in a position for which no candidate qualifies under
subsection (1) of this section may file with the department a declaration of
intent and request for write-in votes to be tallied. The person must file the
declaration and request no later than 14 days before the date of the election.
The declaration and request must certify that the person is legally qualified
to assume the duties of director and desires the position.
     (3) Upon receipt of a declaration and
request filed under subsection (2) of this section, the department shall take
actions the department deems necessary to determine whether the person filing
the declaration and request is an elector who meets the qualifications to
become a director of the district. If the department determines that the person
is an elector who meets the qualifications, the department shall notify the
county clerk to count the write-in votes for the person.
     (4) If no nominee for a position qualifies
under subsection (1) of this section to have the name of the nominee furnished
to the county clerk for placement on the ballot and no person filing a
declaration and request for the position qualifies under subsection (3) of this
section to have the county clerk count the write-in votes for that person, the
county clerk may not count any write-in votes cast for any person for the
position. If no nominee for a position qualifies under subsection (1) of this
section to have the name of the nominee furnished to the county clerk for
placement on the ballot and no person filing a declaration and request for the
position qualifies under subsection (3) of this section to have the county
clerk count write-in votes for the person, the local governing body of the
district shall appoint a person to each position that was not filled at the
election. [Amended by 1973 c.656 §10; 1981 c.92 §28; 1993 c.493 §86; 2007 c.690
§2]
     568.540
Election of directors. The
three candidates nominated under ORS 568.520 who receive the largest number,
respectively, of the votes cast in the election shall be elected directors for
the district. [Amended by 1955 c.142 §15; 1973 c.656 §11; 2007 c.690 §3]
     568.542
Payment of expenses for director election from county funds. The expenses incurred for the election of
directors of a soil and water conservation district under ORS 568.210 to
568.808 and 568.900 to 568.933 shall be paid out of county funds by the county
or counties within which the territory of the district lies. [1995 c.243 §2]
     Note: 568.542 was added to and made a part of
568.210 to 568.808 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     568.545
Procedure for selection of directors of consolidated districts; selection of
officers. (1)
Notwithstanding ORS 568.470, when districts are consolidated, all directors
continue to serve until directors for the consolidated district are elected as
provided in this subsection. Not later than 30 days after the date of issuance
of the certificate referred to in ORS 568.470, the boards of the districts
consolidated shall hold a joint meeting. At the joint meeting, a majority of
all the directors of all the districts affected constitute a quorum for the
transaction of business. The directors so assembled shall elect seven persons
from among their number to serve as directors of the consolidated district. The
term of office of the directors elected as provided in this subsection shall be
as provided in ORS 568.560 (5)(c). The number of directors of a consolidated
district may be reduced to five in the manner provided in ORS 568.565.
     (2) The directors elected as provided in
subsection (1) of this section shall select a chairperson, secretary and other
necessary officers and select a regular date for the annual and other meetings.
[1965 c.155 §3; 1969 c.393 §1; 1973 c.656 §12; 2007 c.690 §4]
     568.550
General powers of directors; erosion control covenants; interagency
cooperation. (1) The
directors of a soil and water conservation district have the following powers
subject to the written approval of the State Department of Agriculture:
     (a) To secure surveys and investigations
and do research relating to:
     (A) The character of soil erosion;
     (B) The character of floodwater and
sediment damage;
     (C) All phases of the conservation,
development, utilization and disposal of water; and
     (D) The preventive measures, control
measures and improvements needed.
     (b) To conduct demonstrational projects on
lands within the district upon obtaining the consent of the owner and occupier
of such lands.
     (c) To carry out preventive and control measures
on lands within the district upon obtaining the consent of the owner and
occupier of such lands.
     (d) To enter into written agreements with,
and within the limits of appropriations duly made available to it by law, to
furnish financial or other aid to any agency, governmental or otherwise, or any
owner or occupier, or both of them, of lands within the district, for the
purpose of carrying on soil erosion control and prevention operations within
the district.
     (e) To obtain options upon and to acquire
by purchase, exchange, lease, gift, grant, bequest or devise any property, real
or personal or rights or interests therein, to maintain, administer and improve
any properties acquired, to receive income from such properties and to expend
such income in carrying out the purposes and provisions of ORS 568.210 to
568.808 and 568.900 to 568.933, and to sell, lease or otherwise dispose of any
of its property or interests therein in furtherance of the purposes and the
provisions of ORS 568.210 to 568.808 and 568.900 to 568.933.
     (f) To borrow money and to mortgage
personal property of the district as security therefor, provided that
landowners are given an opportunity to be heard at a public hearing in the
district, notice of which shall be given according to rules prescribed by the
department.
     (g) To issue general obligation bonds of
the district as provided in ORS 568.803.
     (h) To make available, on such terms as
the directors shall prescribe, to landowners or occupiers within the district,
agricultural and engineering machinery and equipment, fertilizer, seeds, and
seedlings and other material or equipment.
     (i) To construct, operate and maintain
such structures as may be necessary or convenient for performance of any of the
operations authorized in ORS 568.210 to 568.808 and 568.900 to 568.933.
     (j) To develop comprehensive plans and
specifications for the conservation of soil resources and for the continued
control and prevention of soil erosion within the district, and to publish such
plans, specifications and information and bring them to the attention of owners
and occupiers of lands within the district.
     (k) To take over, by purchase, lease or
otherwise, and to administer, any soil conservation, erosion control or erosion
prevention project, or combination thereof, located within district boundaries
undertaken by the United States or any of its agencies, or by this state or any
of its agencies.
     (L) To manage, as agent of the
     (m) To act as agent for the
     (n) To accept donations, gifts and
contributions in money, services, materials, or otherwise, from the United
States or any of its agencies, or from this state or any of its agencies, and
to use or expend such moneys, services, materials or other contributions in
carrying on its operations.
     (o) To sue and to be sued in the name of
the district, to have a seal, which shall be judicially noticed, to have
perpetual succession unless terminated as provided by law, to make and execute
contracts and other instruments necessary or convenient to the exercise of its
powers, and to make, and from time to time amend or repeal, rules not
inconsistent with ORS 568.210 to 568.808 and 568.900 to 568.933 to carry into
effect its purposes and powers.
     (p) To purchase liability or indemnity
insurance, in such amounts and containing such terms and conditions as they may
deem necessary, for the protection of directors, officers and employees of the
district against claims against them incurred by such directors, officers and
employees in the performance of their official duties. The premiums for such
insurance shall be paid out of moneys available for expenditure by the
district.
     (2) As a condition to the extending of any
benefits under ORS 568.210 to 568.808 and 568.900 to 568.933 to, or the
performance of work upon, any lands not owned or controlled by this state or
any of its agencies, the directors may require contributions in money,
services, materials or otherwise to any operations conferring such benefits,
and may require landowners or occupiers to enter into and perform such
agreements or covenants as to the permanent use of such lands as will tend to
prevent or control erosion thereon.
     (3) In order to avoid duplication of
activities under subsection (1)(a) of this section, the department may call
upon other state and federal agencies for assistance and cooperation in their
fields in accordance with memoranda of understanding to be signed by all
cooperating agencies. [Amended by 1955 c.142 §16; 1957 c.603 §4; 1961 c.640 §3;
1973 c.656 §13; 1981 c.92 §29; 2005 c.22 §386; 2005 c.282 §1]
     568.552
Power of directors to manage and control water resources and projects;
authority of Water Resources Commission. (1) The members of the local governing body of a soil and water
conservation district shall have, in addition to the powers granted to them by
ORS 568.550 and within the limits of appropriations and other moneys duly made
available to the soil and water conservation district, the power:
     (a) To plan, construct, maintain, manage,
administer or control any works of improvement for flood prevention or for the
conservation, development, utilization or disposal of water upon lands within
their respective districts upon obtaining the consent of the landowner as
defined in ORS 568.210, and the land occupier as defined in ORS 568.210, of
such lands.
     (b) To enter into written agreements to
furnish financial or other aid to any agency, governmental or otherwise, or any
landowner as defined in ORS 568.210, or land occupier as defined in ORS
568.210, or both of them, of lands within the district, for flood prevention or
for the conservation, development, utilization or disposal of water within
their respective districts.
     (c) To manage, as agent, or to take over,
by purchase, lease, or otherwise any flood prevention, drainage, irrigation or
agricultural water management project or any combination thereof, undertaken by
the United States or any of its agencies, or by this state or any of its
agencies.
     (2) Authority granted under this chapter
shall be subject to the authority of the Water Resources Commission to
formulate an integrated, coordinated program for the use and control of all
water resources of this state and to classify and withdraw water resources of
this state under ORS 536.300 to 536.410. [1961 c.640 §1]
     568.554
District to submit program and work plans for department review. Each conservation district shall submit to
the State Department of Agriculture its proposed long-range program and annual
work plans for review and comment. [1973 c.656 §20; 1981 c.92 §30]
     568.555
Name of district may be changed. Upon approval by the State Department of Agriculture, the directors of
a district may submit to the Secretary of State a proposed new name for the
district. If the proposed new name is not identical with that of any other soil
and water conservation district of this state or so nearly similar as to lead
to confusion or uncertainty, the Secretary of State shall make the change in
names on the appropriate records in the office of the secretary, and shall
record and issue to the directors a new certificate of organization for the
district containing the new name. If the proposed new name does not satisfy
such requirement, the Secretary of State shall so notify the directors, who may
submit a new name which does satisfy such requirement. [1955 c.142 §2; 1981
c.92 §31]
     568.560
Number of directors; director qualifications; officers; election; terms;
vacancies. (1) The local
governing body of the district shall consist of not fewer than five nor more
than seven directors who are elected or appointed as provided by law. To ensure
proper representation of all the people in the district and to facilitate
district functions, the State Department of Agriculture shall provide for the
zoning of each district, and shall provide each time directors are elected or
appointed for the proper and equitable representation for each zone.
     (2) Not more than two directors may fill
at-large positions. At-large directors must reside within the district and be
registered voters.
     (3) Zone directors must own or manage 10
or more acres of land in the district, be involved in the active management of
the property, reside within the boundaries of the district and be registered
voters. Zone directors may either reside within the zone that is represented or
own or manage 10 or more acres within the zone that is represented and be involved
in the active management of the property. An individual may also serve as a
zone director when the individual, in lieu of the other requirements specified
in this subsection, resides within the zone that is represented and indicates
an interest in natural resource conservation as demonstrated by serving at
least one year as a director or associate director of a district and having a
conservation plan that is approved by the district. Candidates nominated for
director from a specific zone shall be voted on by all electors within the
district.
     (4) The directors shall designate a
chairperson, secretary and other officers as necessary and may, from time to
time, change such designation.
     (5) The term of office of each director
shall be four years, except that:
     (a) Of the directors first appointed under
ORS 568.400, not less than one nor more than two shall serve until January
first following the first general election following their appointment, and not
less than one nor more than two shall serve until January first following the
second general election following their appointment, as determined by the
department, and thereafter, their successors shall be elected as provided by
law for other elected directors.
     (b) Of the directors elected as provided
in ORS 568.540, one shall serve until January first following the first general
election, and two shall serve from the date of the first annual election until
January first following the second general election, as determined by them by
lot at the first meeting of directors after creation or consolidation of the
district.
     (c) Of the directors first elected as
provided in ORS 568.545 (1), three shall serve until January first following
the first general election, and four shall serve until January first following
the second general election after the date of their election, as determined by
them by lot at the meeting referred to in ORS 568.545 (1).
     (d) Of the directors first elected as
provided in ORS 568.565, three shall serve until January first following the
first general election and two shall serve until January first following the
second general election, after the date of their election, as determined by
them by lot at the meeting referred to in ORS 568.565.
     (6) A director shall hold office until a
successor has been elected or appointed, has qualified and has taken the oath
of office or until the office becomes vacant under subsection (7) of this
section. Any vacancy occurring in the office of director shall be filled as
provided by subsection (8) of this section.
     (7) A director position becomes vacant
under the following circumstances:
     (a) The department, upon the written
recommendation of a majority of the members of the local governing body of a
district, may declare vacant the position of a director who is absent from
three consecutive meetings of the local governing body of the district. A
position becomes vacant under this subsection upon the issuance of the
declaration by the department.
     (b) No nominee for the position qualifies
under ORS 568.530 to have the name of the nominee furnished to the county clerk
for placement on the general district election ballot and no person qualifies
under ORS 568.530 to have write-in votes counted. A position becomes vacant
under this paragraph on January 1.
     (c) The department determines that a
candidate receiving the most votes at an election does not qualify under this
section to hold the position. A position becomes vacant under this paragraph on
January 1 next following the election at which the unqualified candidate was
elected unless an appointee to the position has been selected under subsection
(8) of this section.
     (d) A director serving in a position no
longer qualifies under this section to hold the position. A position becomes
vacant under this paragraph upon the departmentÂ’s declaration that the person
no longer qualifies for the position.
     (e) A director resigns from a position. A
position becomes vacant under this paragraph upon the departmentÂ’s receiving
notice of the resignation.
     (f) A candidate who received the most
votes at an election, or an appointee, refuses to take the oath of office as a
director.
     (8) A director position that becomes
vacant before the scheduled expiration of a term shall be filled by appointment
by a majority of the remaining directors. However, if a majority of the
director positions are vacant or if the remaining directors cannot agree on an
appointee, the department shall make an appointment to fill the position.
     (9) An appointment under subsection (8) of
this section shall end on January 1 next following the first general district
election held after the appointment. If the appointment ends under this
subsection before the January 1 that would normally complete the four-year term
of office for the position, the position shall be placed on the ballot at the
next general election as provided under ORS 568.530 to fill the position for
the remainder of the four-year term. [Amended by 1955 c.142 §17; 1957 c.603 §5;
1961 c.641 §2; 1965 c.75 §1; 1969 c.393 §2; 1969 c.669 §§16, 19; 1973 c.656 §14;
1981 c.92 §32; 1993 c.166 §2; 2007 c.690 §5]
     568.565
Procedures for changing number of directors. (1) Upon the written recommendation of the local governing body of a
district having seven directors, the number of directors of such governing body
may be reduced from seven to five by holding a meeting of the governing body at
which the directors elect five persons from among their number to serve as
directors of the district. The term of office of the directors elected pursuant
to this section shall be as provided in ORS 568.560 (5)(d).
     (2) Upon the written recommendation and
majority vote of the local governing body of a district having five directors,
the number of directors for the district may be increased to seven.
Notwithstanding any unexpired term of office to which a member may have been
elected, all five zone positions shall be placed on the ballot at the next
following general election. The department shall determine the terms of office
for the positions as provided in ORS 568.560 (5)(d). Any vacancy that occurs in
a zone position shall be filled as provided under ORS 568.560. [1969 c.393 §4;
2007 c.690 §6]
     568.570
Majority constitutes a quorum.
A majority of the directors constitutes a quorum. The concurrence of a majority
in any matter within their duties is required for its determination. [Amended
by 1971 c.403 §14]
     568.580
Annual meeting. Each year
after the creation of the first board of directors at a time fixed by
resolution of the board, the board, by giving due notice, shall call an annual
meeting of the landowners in the district and present an annual report and
audit.
     568.590
Notice of annual meeting.
Fifteen days before the annual meeting, the directors shall cause notices to be
posted in three public places in the district and mailed to each cooperator in
the district or published for two successive weeks in a paper of general
circulation in the area, setting forth the time and place of holding the
meeting. [Amended by 1961 c.641 §3; 1973 c.656 §15]
     568.600
Legal counsel; delegation of powers; assistance to department. (1) The directors may call upon the Attorney
General for such legal services as they may require, or may employ their own
counsel.
     (2) The directors may delegate to their
chairperson or to one or more directors such powers and duties as they deem
proper.
     (3) The directors shall make available to
the State Department of Agriculture all records and information pertaining to
the district and shall assist the department in carrying out its recommendations.
[Amended by 1981 c.92 §33]
     568.610
Records; audits. The
directors shall:
     (1) Provide for the keeping of a full and
accurate record of all proceedings and of all resolutions, regulations, and
orders issued or adopted.
     (2) Provide for an annual audit of the
accounts of receipts and disbursements. [Amended by 1969 c.345 §18]
     568.620
Consultation with county or municipal representatives. The directors shall invite the legislative
body of any municipality or county located near the territory comprised within
the district to designate a representative to advise and consult with the
directors of the district on all questions of program and policy which may
affect the property, water supply or other interest of such municipality or
county.
     568.630
Directors may formulate land-use regulations; public meetings. The directors of any district have authority
to formulate regulations, subject to the written approval of the State
Department of Agriculture, governing the use of lands within the district or a part
thereof in the interest of conserving soil and soil resources and preventing
and controlling soil erosion. The directors may conduct the public meetings
upon tentative regulations necessary to assist them in this work. [Amended by
1959 c.48 §1; 1981 c.92 §34]
     568.640
Referendum on land-use regulations; notice; form of regulations; proposed
regulations available for inspection. (1) The directors shall not have authority to enact such land-use
regulations into law until after they have caused due notice to be given of
their intention to conduct a referendum for submission of such regulations to
the owners of lands to which the proposed regulations apply for their
indication of approval or disapproval, and until after the directors have
considered the result of such referendum. Notwithstanding the provisions of ORS
chapter 255, the provisions of ORS 568.650, 568.660, 568.670 and this section
apply to referenda on adoption, amendment, supplementation or repeal of
land-use regulations of a district.
     (2) The proposed regulations shall be
embodied in a proposed ordinance, which shall describe the territory to which
it applies. Copies of the proposed ordinance shall be available for the
inspection of all electors residing within the district during the period between
publication of such notice and the date of the referendum. The notices of the
referendum shall recite the contents of such proposed ordinance, or shall state
where copies of such proposed ordinance may be examined. [Amended by 1959 c.48 §2;
1973 c.656 §16; 1983 c.83 §106c; 1983 c.238 §3]
     568.650
Contents of referendum ballot; referendum governed by directors; landowners
eligible to vote. (1) The
question shall be submitted by ballots, upon which the words “For approval of
proposed ordinance No. __prescribing land-use regulations for conservation of
soil and prevention of erosion” and “Against approval of proposed ordinance No.
__prescribing land-use regulations for conservation of soil and prevention of
erosion” shall be printed, with a square before each proposition and a
direction to insert an X mark in the square before one or the other of the
propositions.
     (2) The directors shall supervise such
referendum, shall prescribe appropriate regulations governing its conduct and
shall publish the results thereof. Only owners of lands to which the proposed
ordinance applies shall be eligible to vote in such referendum. [Amended by
1959 c.48 §3; 1973 c.656 §17]
     568.660
Votes necessary for approval; effect of regulations when adopted. (1) The directors do not have authority to
enact such proposed ordinance into law unless at least two-thirds of all votes
cast in the referendum representing a majority of the land to which the
proposed ordinance applies have been cast for approval of the proposed ordinance.
     (2) Land-use regulations prescribed in
ordinances adopted pursuant to ORS 568.630 to 568.690 by the directors of any
district when indorsed by the State Department of Agriculture have the force
and effect of law in the district or the part thereof to which the ordinance
applies and are binding and obligatory upon all owners and occupiers of land
within such district or the part thereof to which the ordinance applies. [Amended
by 1959 c.48 §4; 1973 c.656 §18; 1981 c.92 §35]
     568.670
Landowner may petition for amendment or repeal; procedure; referenda limited. (1) Any owner of land to which an ordinance
adopted by the directors under ORS 568.630 to 568.690 applies may at any time
file a petition with the directors asking that any or all of the land-use regulations
prescribed in the ordinance shall be amended, supplemented or repealed.
     (2) Land-use regulations prescribed in any
ordinance adopted pursuant to ORS 568.630 to 568.690 shall not be amended,
supplemented or repealed except in accordance with the procedure prescribed in
ORS 568.630 to 568.690 for adoption of land-use regulations.
     (3) Referenda on adoption, amendment,
supplementation or repeal of land-use regulations shall not be held more often
than once in 12 months. [Amended by 1959 c.48 §5]
     568.680
Scope of regulations; approval by department. (1) All regulations to be adopted by the directors under ORS 568.630
to 568.690 must be approved in writing by the State Department of Agriculture.
     (2) The regulations may include provisions
for gully control, cultural and cropping practices and for such other measures
and operations as may assist conservation of soil and water resources and
prevent or control soil erosion in the district. [Amended by 1981 c.92 §36]
     568.690
Regulations to be uniform; copies to be available to landowners. (1) The regulations shall be uniform
throughout the territory comprised within the district or the part thereof to
which they apply except that the directors may approve technical classification
of the lands within the district with reference to such factors as soil type,
degree of slope, degree of erosion threatened or existing, cropping and tillage
practices in use and other relevant factors; and may provide regulations
varying with the type or class of land affected but uniform as to all lands
within each class or type.
     (2) Copies of land-use regulations adopted
under ORS 568.630 to 568.690 shall be printed and made available to all owners
and occupiers of lands lying within the district. [Amended by 1959 c.48 §6]
     568.700
Petition to circuit court for enforcement of regulations; contents of petition. Where the directors of any district find
that any of the provisions of land-use regulations prescribed in an ordinance
adopted in accordance with ORS 568.630 to 568.690 are not being observed on
particular lands, and that such nonobservance tends to increase erosion on such
lands and is interfering with the prevention or control of erosion on other
lands within the district, the directors may present to the circuit court of
the county in which the lands of the defendants lie a petition, duly verified,
setting forth:
     (1) The adoption of the ordinance
prescribing land-use regulations, the failure of the defendant landowner or
occupier to observe such regulations and to perform particular work, operations
or avoidance as required thereby.
     (2) That such nonobservance tends to
increase erosion on such lands and is interfering with the prevention or
control of erosion on other lands within the district, and praying the court to
require the defendant to perform the work, operations or avoidances within a
reasonable time and to order that if the defendant fails so to perform the
directors may go on the land, perform the work or other operations or otherwise
bring the condition of such lands into conformity with the requirements of such
regulations, and recover the costs and expenses thereof with interest, from the
owner or occupier of such land.
     568.710
Hearing and decree; court may appoint referee; joinder of owner and occupant. (1) Upon the presentation of the petition,
the court shall cause process to be issued against the defendant and shall hear
the case. If it appears to the court that testimony is necessary for the proper
disposition of the matter, it may take evidence or appoint a referee to take
such evidence as it directs and report the same to the court with findings of
fact and conclusions of law, which shall constitute a part of the proceedings
upon which the determination of the court shall be made.
     (2) The court may dismiss the petition; or
it may require the defendant to perform the work, operations or avoidances, and
may provide that upon the failure of the defendant to initiate such performance
within the time specified in the order of the court and to prosecute the same
to completion with reasonable diligence, the directors may enter upon the lands
involved and perform the work or operations or otherwise bring the condition of
such lands into conformity with the requirements of the regulations and recover
the costs and expenses thereof, with interest at the rate of five percent per
annum from the owner or occupier of such lands, or both.
     (3) In all cases where the person in
possession of lands who fails to perform such work, operations or avoidances is
not the owner, the owner of such lands shall be joined as party defendant.
     568.720
Court retains jurisdiction until work completed; statement of expenses;
judgment. The court shall
retain jurisdiction of the case until after the work has been completed. Upon
completion of the work pursuant to the court order the directors may file a
petition with the court, a copy of which shall be served upon the defendant in
the case, stating the costs and expenses sustained by them in the performance
of the work and praying judgment therefor with interest. The court shall have
jurisdiction to enter judgment for the amount of such costs and expenses, with
interest at the rate of five percent per annum until paid, together with the
costs of suit and a reasonable attorney fee at trial and on appeal to be fixed
by the court. [Amended by 1981 c.897 §66]
     568.730
Officials may enter private lands. The directors or state or federal officials have authority to go upon
any lands within the district after notifying the owner or operator for the
purpose of making surveys and to determine whether land-use regulations adopted
under ORS 568.630 to 568.690 are being observed. Due precaution shall be taken
at all times to prevent injury to growing crops or livestock.
     568.740
Board of adjustment established for each district; membership; appointment;
term; disqualification. (1)
Where the directors of any district adopt an ordinance prescribing land-use
regulations in accordance with the provisions of ORS 568.630 to 568.690, they
shall further provide by ordinance for establishment of a board of adjustment
consisting of three members.
     (2) Each member shall be appointed for a
three-year term, except that the members first appointed shall be appointed for
terms of one, two and three years, respectively. The members of each such board
of adjustment shall be appointed by the State Department of Agriculture, with
the advice and approval of the directors of the district for which such board
has been established, and shall be removable upon written notice.
     (3) Any member of a board of adjustment
who, in the judgment of the department, is personally or financially interested
in any matter brought before the board on which the member sits shall be
disqualified by the department from participation on the board of adjustment in
such matter; and the department, with the advice and consent of the governing
body of the district, shall appoint a member pro tempore who shall serve on the
board of adjustment in its consideration of such matter until such matter is finally
disposed of by the board of adjustment. If in the judgment of the department a
board of adjustment memberÂ’s personal or financial interest in matters before
the board is of such a character as to conflict permanently or otherwise
interfere with the discharge of such memberÂ’s duties, the department may
declare such member’s position vacant. “Personal or financial interest,” as
used in this subsection, includes, but is not limited to, the ownership of land
or of capital or voting stock in any corporation which is the owner of land
subject to land-use regulations, which regulations are before the board of
adjustment for review under the provisions of ORS 568.770. [Amended by 1961
c.236 §2; 1981 c.92 §37]
     568.750
Vacancies in board of adjustment; compensation of members; administrative
expenses. (1) Vacancies in
the board of adjustment shall be filled in the same manner as original
appointments and shall be for the unexpired term of the member whose term
becomes vacant. Employees of the State Department of Agriculture and the
directors of the district are ineligible to appointment as members of the board
of adjustment during their tenure of such other office.
     (2) The members of the board of adjustment
shall receive compensation for their services at the rate of $5 per diem for
time spent on the work of the board, in addition to expenses, including
traveling expenses, necessarily incurred in the discharge of their duties.
     (3) The directors shall pay the necessary
administrative and other expenses of operation incurred by the board, upon the
certificate of the chairperson of the board, from funds made available by the
department or the federal government. [Amended by 1981 c.92 §38]
     568.760
Rules of board of adjustment; meetings. (1) The board of adjustment shall adopt rules to govern its
procedures, which rules shall be in accordance with the provisions of ORS
568.210 to 568.808 and 568.900 to 568.933 and with the provisions of any
ordinance adopted pursuant thereto. The board shall designate a chairperson from
among its members, and may from time to time change such designation.
     (2) Meetings of the board shall be held at
the call of the chairperson and at such other times as the board may determine.
Any two members of the board constitute a quorum. The chairperson, or in the
absence of the chairperson such other member of the board as the chairperson
designates to serve as acting chairperson, may administer oaths and compel the
attendance of witnesses. All meetings of the board are open to the public. The
board shall keep a full and accurate record of all proceedings, of all
documents filed with it and of all orders entered, which shall be filed in the
office of the board and shall be public record.
     568.770
Petition for relief from regulations; hearing; procedure; board may order
variance of regulations; appeal. (1) Any landowner or occupier may file a petition with the chairperson
of the board of adjustment alleging that there are great practical difficulties
or unnecessary hardship in the way of the landowner or occupier carrying out
upon the lands of the owner or occupier the strict letter of the land-use
regulations prescribed by an ordinance that applies to the lands and asking
relief therefrom. Copies of such petition shall be served by the petitioner upon
the chairperson of the directors of the district within which the lands of the
petitioner are located and upon the State Department of Agriculture.
     (2) The board of adjustment shall fix a
time for the hearing of the petition and cause due notice of such hearing to be
given. The directors of the district and the department shall have the right to
appear and be heard at such hearing. Any owner or occupier of lands to which
the same ordinance applies who objects to the authorizing of the variance
prayed for may intervene and become a party to the proceedings. Any party to
the hearing before the board may appear in person, by agent or by attorney. If,
upon the facts presented at such hearing, the board determines that there are
great practical difficulties or unnecessary hardship in the way of applying the
strict letter of any of the land-use regulations upon the lands of the
petitioner, it shall make and record such determination and shall make and
record findings of fact in reference thereto.
     (3) Upon the basis of such findings and
determination, the board shall have power by order to authorize such variance
from the terms of the land-use regulations in their application to the lands of
the petitioner, and such order shall be in accordance with substantial justice.
     (4) Any petitioner aggrieved by an order
of the board granting or denying in whole or in part the relief sought, or any
intervening party, may appeal to the circuit court of the county in which the
lands of the petitioner lie. [Amended by 1959 c.48 §7; 1981 c.92 §39]
     568.780
Certain public agencies to be deemed owners. Agencies of this state which have jurisdiction over, or are charged
with the administration of any state owned lands, and of any county, or other
governmental subdivision of the state, which have jurisdiction over, or are
charged with the administration of any county owned or other publicly owned
lands, lying within the boundaries of any district organized under ORS 568.210
to 568.808 and 568.900 to 568.933 are deemed owners within the meaning of ORS
568.210 to 568.808 and 568.900 to 568.933 and have the same rights and duties
as other landowners under the provisions of ORS 568.210 to 568.808 and 568.900
to 568.933.
     568.790
County funds for personnel and other uses; duties of county extension agent. (1) In any county where one or more soil and
water conservation districts have been established as provided by ORS 568.210
to 568.808 and 568.900 to 568.933, the county court of such county may provide
and appropriate funds for the use of such district or districts for the
employment of necessary personnel including the employment of one county
extension agent or for other expenditures required to carry out the provisions
of ORS 568.210 to 568.808 and 568.900 to 568.933.
     (2) Such funds may be provided either by
special provision in the annual tax levy of such county or by appropriation of
funds not otherwise appropriated. Funds for the employment of a county
extension agent under subsection (1) of this section shall be paid to the treasurer
of Oregon State University through the State Board of Higher Education for
expenditure within such county under the supervision of the federal cooperative
extension service of the university which may be used for payment of a part of
the salary and expenses of one or more county extension agents in accordance
with a budget mutually agreed upon between the county court of such county and
the federal cooperative extension service of the university.
     (3) Each county extension agent so
employed may serve as secretary of one or more soil and water conservation
districts, by and with the consent of the directors of such districts, and the
agentÂ’s time and attention, in whole or in part, shall be devoted to carrying
out and facilitating the approved work program of such districts as provided in
ORS 568.210 to 568.808 and 568.900 to 568.933. [Amended by 1961 c.641 §4; 1983
c.327 §9]
     568.800 [1965 c.27 §§2,3,4; repealed by 1977 c.146 §2]
     568.801
Stream control and management projects; application; designation and
implementation; rules. (1)
Any district that desires to implement a stream bank erosion control or stream
corridor management project shall make application therefor to the State
Department of Agriculture. The application shall be in such form and shall
contain such information as the department may prescribe.
     (2) By utilizing existing inventories and
reports, the department shall designate projects to be implemented on
critically eroding stream systems of this state.
     (3) The department shall utilize the
resources and cooperation of other state and federal agencies to the greatest
extent practicable in implementing stream bank erosion control and stream
corridor management projects.
     (4) In accordance with any applicable
provision of ORS chapter 183, the department, by rule, shall adopt procedures
to carry out the provisions of subsections (1) to (3) of this section. [1981
c.202 §§2,3; 1983 c.740 §220]
     568.803
General obligation bonds; refunding bonds; special taxes. (1) When authorized by a majority of
electors voting at an election called for that purpose by the directors of a
soil and water conservation district, the directors may issue general
obligation bonds of the district, not exceeding in value the amount stated in
the notice of election and for the purpose named in the notice as provided in
ORS chapter 287A.
     (2) The aggregate amount of general
obligation bonds issued and outstanding at any one time may not exceed two and
one-half percent of the real market value of all taxable property of the
district, computed in accordance with ORS 308.207.
     (3) General obligation bonds must recite
that they are issued under ORS 568.210 to 568.808.
     (4) A soil and water conservation
district:
     (a) Shall issue general obligation bonds
authorized under this section as provided in ORS chapter 287A; and
     (b) May issue refunding bonds as provided
in ORS chapter 287A.
     (5) Taxes that are levied by a soil and
water conservation district to pay principal, interest and premium, if any, on
general obligation bonds issued pursuant to this section are separate from and
in addition to taxes levied pursuant to ORS 568.806. [2005 c.282 §3; 2007 c.783
§222]
     568.805
Special assessments; improvement bonds; objections by landowners. (1) A district may finance the exercise of any
district power or function authorized under this chapter by levying special
assessments against property directly benefited thereby and by issuing special
assessment improvement bonds. As security for the bonds, the district may
pledge all or any part of the revenue from special assessments levied against
property directly benefited. The rights and duties accorded a city and the
owners of property in a city under ORS 223.389 and 223.391 for levying special
assessments and issuing special assessment improvement bonds shall apply in the
same manner to a district and the owners of property in the district for
purposes of levying assessments and issuing special assessment improvement
bonds under this section.
     (2) In addition to other requirements of
ORS 223.389 and 223.391, the directors of a district shall fix a date by which
written objections to the amount of proposed assessments levied under this
section may be filed with the district. The date so fixed shall be not less
than 50 days after notice of the proposed assessment is mailed or delivered to
the owner of each lot or parcel of property to be assessed. If written
objections to the proposed assessments are filed by that date by at least 50
percent of the owners of property to be assessed who are also liable for at
least 60 percent of the total amount of assessments, the directors of the
district shall terminate the proposed project and assessments.
     (3) Except as provided in this section, a
district may not issue bonds or make assessments. [1985 c.637 §2; 1991 c.902 §115;
2003 c.802 §147]
(Tax Levying
Authority)
     568.806
Ad valorem tax; budget; collection. (1) When authorized to become a taxing district by the eligible
electors of the district as provided in ORS 568.807, a district may assess,
levy and collect an ad valorem tax each year on the real market value of all
taxable property within the limits of the district. The proceeds of the tax
shall be applied in carrying out the purposes of ORS 568.210 to 568.808 and
568.900 to 568.933.
     (2) In any year in which the ad valorem
tax provided for in subsection (1) of this section is levied, the directors of
the district shall prepare a budget in the form, manner and time prescribed in
ORS 294.305 to 294.520 (the Local Budget Law), and in accordance therewith
shall fix the amount of money to be raised by taxation for the district.
     (3) Any taxes levied in any year shall be
returned to the county officer, whose duty it is to extend the tax roll in the
manner provided in ORS 310.060.
     (4) All taxes levied by a district shall
become payable at the same time and be collected by the same officer who
collects county taxes, and shall be turned over to the district according to
law. The county officer whose duty it is to extend the county levy shall extend
the levy of the district in the same manner as city taxes are extended.
     (5) Property shall be subject to sale for
nonpayment of taxes levied by a district in like manner and with like effect as
in the case of county and state taxes. [1981 c.918 §2; 1991 c.459 §446]
     568.807
Electors authorizing taxation; election date. (1) The eligible electors of a district may, by approving a
proposition referred to them by the governing body of the district, authorize
the district to become a taxing district with the power to thereafter assess,
levy and collect an ad valorem tax each year on the real market value of all
taxable property within the limits of the district.
     (2) Approval of a proposition authorizing
the district to become a taxing district need only be obtained once by a
district in order for the district to have the taxing power granted by ORS
568.806.
     (3) An election called by the district for
the purpose of obtaining approval to become a taxing district shall be held on
one of the dates set forth in ORS 255.345. [1981 c.918 §3; 1991 c.459 §447]
     568.808
Taxing district to file legal description and map. When a district is authorized to become a
taxing district as provided in ORS 568.807, the governing body of the district
shall file a legal description and accurate map of the district with the
Department of Revenue and the county assessor. The description and map shall
satisfy the requirements of ORS 308.225, and that section shall thereafter
apply to the district. [1981 c.918 §4]
WIND EROSION
CONTROL
     568.810
Purpose of ORS 568.810 to 568.890; types of wind erosion. (1) The purpose of ORS 568.810 to 568.890 is
to effectuate the control of wind erosion by forming districts in which all
land owners affected shall carry out wind erosion control measures whenever serious
wind erosion conditions prevail.
     (2) Two types of wind erosion conditions
shall be recognized:
     (a) The actual movement of soil by wind to
such a degree that the topsoil is being noticeably destroyed.
     (b) Conditions which will result in a
noticeable movement of the topsoil by wind action.
     568.820
Designation of areas by county court upon petition; description of boundaries. (1) The county court of any county east of
the summit of the
     (2) Boundaries described by metes and
bounds or areas described by quarter sections shall be deemed adequately
described.
     568.830
Publication and posting of notices describing districts; when regulations are
enforced. (1) The county
court shall within 10 days after declaring a wind erosion district cause to be
published an official notice adequately describing the district.
     (2) Each notice shall be posted in a
prominent place in the county courthouse and shall be published in one or more
newspapers serving the district, for two consecutive issues if weekly or two
times at an interval of one week if daily or semiweekly.
     (3) Ten days after the last publication of
the official notice the provisions of ORS 568.810 to 568.890 shall be enforced
as set forth in ORS 568.840 to 568.890.
     568.840
Election of advisory board; meetings; members; functions. (1) Within 30 days after a wind erosion
district has been designated by the county court the court shall cause to be
posted in three public places in such wind erosion district a written or
printed notice notifying the farm operators thereof to assemble at some
designated convenient place on the 10th day after the date of notice at 10 a.m.
for the purpose of electing four directors who shall be known as the advisory
board, to serve until their successors are duly elected or appointed. Two
members of the initial board shall be elected to serve for one year and two
shall be elected to serve for two years. Vacancies in the advisory board shall
be filled by appointment by the board.
     (2) As soon as 20 percent or more of the
farm operators of the district have assembled pursuant to such notice they
shall constitute a quorum to do business. Such meeting shall organize by the election
of a chairperson and secretary of the meeting and then may proceed to elect
four members of the advisory board. In either January or February in each year
following the initial meeting, the chairperson of the advisory board shall call
an annual meeting of the farm operators of the wind erosion district. At least
five days before the meeting, notice of the meeting shall be given by posting
in three public places in the wind erosion district a written or printed notice
notifying the farm operators thereof to assemble at some designated convenient
place at the appointed time for the annual meeting. At the meeting two members
of the advisory board to serve for two years shall be elected. All members of
the advisory board shall be farm operators of the district in which they are
elected.
     (3) Within 10 days after the initial or
yearly election, the advisory board shall meet and elect a chairperson and
secretary from their members who shall serve until the next election. All other
meetings of the advisory board shall be held as the need arises, at the call of
the chairperson. Three members constitute a quorum.
     (4) The functions of the advisory board
are:
     (a) To recommend to the county court a
person or persons for the position of wind erosion inspector.
     (b) To consult and advise with the
inspector as to the most feasible methods of effectuating wind erosion control
in the district.
     (c) To act as a board of appeal when
disputes arise between the wind erosion inspector and the owner or occupant of
land within the district, concerning action relating to the enforcement of ORS
568.810 to 568.890. [Amended by 1959 c.278 §1]
     568.850
Wind erosion inspector; appointment; duties; appeal from decision;
compensation; expenses. (1)
The county court, upon the recommendation of the advisory board, shall appoint
an inspector who shall, within the wind erosion district or districts under the
supervision of the inspector:
     (a) Determine when serious wind erosion
conditions prevail.
     (b) Serve notices on landowners or occupants
to effectively control wind erosion on their lands or correct conditions which
may allow wind erosion to occur.
     (c) When necessary, control or supervise
control of wind erosion or conditions which may allow wind erosion to occur on
lands where the owners or occupants thereof fail or refuse to do so.
     (2) The inspector shall be the sole judge
of whether serious wind erosion conditions do or do not prevail, except that
appeal from the decisions of the inspector may be made to the advisory board as
provided in ORS 568.840. In case of appeal to the advisory board, the inspector
shall abide by a majority decision of the advisory board.
     (3) The persons appointed wind erosion
inspectors by the county court may receive for services reasonable wages, as
determined by the county court, for the time actually employed in the
performance of duty under the provisions of ORS 568.810 to 568.890 and may be
reimbursed for actual expenses incurred in carrying out those provisions. All
wages and expenses paid wind erosion inspectors shall be paid by the county
court from funds set aside for this purpose, as provided in ORS 568.880.
     568.860
Inspector may enter lands in district; service of notice on owner or occupant. (1) The wind erosion inspector shall have
access to all lands within the district or districts under the supervision of
the inspector. If in the judgment of the inspector wind erosion is occurring or
is likely to occur because proper control measures are not being practiced, the
inspector shall serve a written notice to any such owner or occupant of such
land, or where unable to serve such notice personally, shall post the same and
two copies thereof in three conspicuous places on the land where the provisions
of ORS 568.810 to 568.890 are not being complied with, bearing date of service
on posting of same and a statement setting forth that work on the control of
wind erosion must be commenced within five days; except that when serious
blowing is actually occurring, four hours from the date of service is sufficient
notice.
     (2) A copy of the notice or notices, each
showing the period of grace allowed, together with proof of service indorsed
thereon, shall be filed with the county court.
     568.870
County court may authorize inspector to control erosion; expenses of control. (1) If the owner or occupant of the land
fails or refuses to control wind erosion in accordance with ORS 568.810 to
568.890, the wind erosion inspector shall at once notify the county court, and
the county court shall authorize the wind erosion inspector or such assistants
as the inspector may employ to go upon the land and control the wind erosion,
using the most effective and practical methods which will operate with the
least injury to the land or the crops thereon.
     (2) Verbal authorization by telephone from
one or more members of the county court is sufficient authority for commencing
wind erosion control work when actual wind erosion is occurring and when an
official four-hour notice, as provided in ORS 568.860 has been served on the
owner or occupant of the land.
     (3) Upon completion of the work the wind
erosion inspector shall file with the county clerk an itemized statement of the
expenses necessarily incurred in the control of the wind erosion, including the
inspectorÂ’s own wage, if any, verified by the oath of the inspector. When the
statement is filed, the county clerk shall cause the same to be entered upon a
lien docket prepared for that purpose.
     (4) If such charges and expenses are not
paid to the county clerk and the lien discharged by the owner or occupant of
the lands within 90 days from the date the lien is docketed, the county clerk
shall certify the same to the tax collector of the county, who shall extend the
amount thereof upon the current tax roll, and when so extended the same shall
constitute a valid lien against the premises and shall be collected by the tax
collector in the same manner as taxes are collected.
     (5) If within 10 days from the date of
filing and docketing the lien no objections have been filed thereto, the county
court shall pay the amount thereof out of the general fund of the county to the
claimants.
     568.880
Tax levy for wind erosion control. The county courts of the several counties may levy a tax and create a
fund for the control of wind erosion on county land within the wind erosion
districts and for expenses of erosion control which cannot fairly be charged to
the individual landowners. The amount estimated by the county court as being
sufficient for such purposes may be placed in the county budget; and after
consideration at the meeting held for the purpose of passing upon the tax levy
of the electors of the county, may become one of the items for which
expenditure may be made during the ensuing year.
     568.890
District may be dissolved; disposition of district funds; change of district
boundaries. (1) Any wind
erosion district may be enlarged, contracted or dissolved by the county court
when a petition is filed bearing the signatures of two-thirds of the landowners
of the district and stating the changes in the district boundaries that are
desired.
     (2) All such changes shall be described as
provided in ORS 568.820. Any moneys remaining in any fund for the control of
wind erosion shall, after the dissolution of all such districts in the county,
be credited to the general fund of the county.
AGRICULTURAL
WATER QUALITY MANAGEMENT
     568.900
Definitions for ORS 568.900 to 568.933. As used in ORS 568.900 to 568.933:
     (1) “Board” means the State Board of
Agriculture.
     (2) “Operator” means any person, including
a landowner or land occupier engaged in any commercial activity relating to the
growing or harvesting of agricultural crops or the production of agricultural
commodities.
     (3) “Water” or “the waters of the state”
has the meaning given in ORS 468B.005.
     (4) “Water pollution” has the meaning
given in ORS 468B.005.
     (5) “Water quality management plan” or “plan”
means a plan developed under ORS 568.909. The plan shall be based upon
scientific information. [1993 c.263 §2; 1997 c.249 §184]
     568.903
“Landowner” defined.
Notwithstanding the definition given in ORS 568.210, as used in ORS 568.909 to
568.933 “landowner” includes any landowner, land occupier or operator. [1993
c.263 §4]
     568.906
Plan implementation to involve local agencies. It is the intention of the Legislative
Assembly that plans developed under ORS 568.900 to 568.933 involve soil and
water conservation districts as local management agencies to the fullest extent
practical, consistent with the timely and effective implementation of these
plans. [1993 c.263 §10]
     568.909
Boundaries for land subject to water quality plans; implementation of plan and
rules. (1) The State
Department of Agriculture may describe the boundaries of agricultural and rural
lands that are subject to a water quality management plan:
     (a) Due to a determination by the
Environmental Quality Commission to establish a Total Maximum Daily Load for a
body of water under the Federal Water Pollution Control Act (33 U.S.C. 1313);
     (b) Due to a declaration of a ground water
management area under ORS 468B.180; or
     (c) When an agricultural water quality
management plan is otherwise specifically required by state or federal law.
     (2) For an area whose boundaries have been
designated under this section, the department shall develop and carry out a
water quality management plan for the prevention and control of water pollution
from agricultural activities and soil erosion. The department shall base the
plan and rules adopted to implement the plan upon scientific information. [1993
c.263 §3; 2001 c.594 §1]
     568.912
Management plan rules; required actions under rules; prohibiting specific practices;
landowner appeals. (1) The
State Department of Agriculture in consultation with the State Board of
Agriculture may adopt rules necessary to implement a water quality management
plan initiated under ORS 568.909. The rules adopted under this subsection shall
constitute the only enforceable aspects of a water quality management plan.
     (2) Pursuant to rules adopted under
subsection (1) of this section, the department may require any landowner whose
land is located within an area subject to a water quality management plan to
perform those actions on the landownerÂ’s land necessary to prevent and control
water pollution from agricultural activities and soil erosion. Such actions may
include:
     (a) Construction or maintenance of any
works or facilities;
     (b) Agricultural and cropping practices;
or
     (c) Any other measure or avoidance
necessary for the prevention or control of water pollution of the waters of the
state.
     (3) No specific practice may be prohibited
under this section unless the department has a scientific basis for concluding
that the practice is a factor in causing water quality standards to be
exceeded.
     (4) A landowner subject to the rules
adopted to implement a plan may appeal specific actions required of that
landowner by the department to carry out a plan. The department shall establish
by rule a procedure and criteria for the appeal process. [1993 c.263 §5; 2001
c.442 §1; 2001 c.594 §2]
     568.915
Entry upon land; purpose; consultation with Department of Justice; notice to
landowners. (1) After making
a reasonable attempt to notify the landowner, the State Department of
Agriculture or a designee of the department may enter any lands within the area
subject to a water quality management plan for the purpose of determining:
     (a) Those actions that may be required of
landowners under ORS 568.900 to 568.933 or rules adopted under ORS 568.912; and
     (b) Whether the landowner is carrying out
the required actions.
     (2) The State Department of Agriculture,
or a designee of the State Department of Agriculture, shall periodically, and
in no event less than once biennially, consult with the Department of Justice
to ensure that the actions of the State Department of Agriculture taken under
this section are consistent with section 9, Article I of the Oregon
Constitution, and the Fourth Amendment to the United States Constitution.
     (3) Prior to general initiation of
inspections in an agricultural water quality management area for compliance
with rules adopted under ORS 568.912, the department shall implement a process
to notify the affected landowners within the boundaries of the area of any
requirements that may by rule apply to landowners in the area. [1993 c.263 §6;
1997 c.657 §1; 2001 c.442 §2; 2001 c.594 §3]
     568.918
Notice to landowner of failure to perform requirements. Upon finding that a landowner in an area
subject to a water quality management plan has failed to perform actions
required by the rules adopted under ORS 568.912, the State Department of
Agriculture shall notify the landowner and direct the landowner to perform the
work or take any other actions necessary to bring the condition of the subject
lands into compliance with the rules within a reasonable period of time. In all
cases, the legal owner of the property shall also be notified, prior to the
assessment of any civil penalty. [1993 c.263 §7; 2001 c.594 §4]
     568.921
Fees from landowners. The
State Department of Agriculture, in consultation with the State Board of
Agriculture, may establish and collect fees from landowners subject to a water
quality management plan adopted under ORS 568.909. The fees shall not exceed
the total cost of developing and carrying out the plan and shall not exceed $200
annually per landowner. Fees established by the department under this section
are subject to the requirements of ORS 291.055. Any fees received by the
department pursuant to this section shall be deposited in the State Treasury to
the credit of the Department of Agriculture Service Fund. Such moneys are
continuously appropriated to the department for the purpose of implementing ORS
568.900 to 568.933. [1993 c.263 §9; 2001 c.442 §6; 2001 c.594 §5]
     568.924
Interagency agreements. The
State Department of Agriculture may enter into agreements with any agency of
this state, including but not limited to a soil and water conservation
district, or with any agency of the federal government, for the purposes of
carrying out the provisions of ORS 568.900 to 568.933 including the development
of a plan. [1993 c.263 §11]
     568.927
Law inapplicable to certain forest practices. The provisions of ORS 568.900 to 568.933 shall not apply to any forest
practice conducted on forestland as defined in ORS 527.620. [1993 c.263 §12]
     568.930
Agricultural activities subject to plan requirements; consultation with
Environmental Quality Commission; review and revision of plans. (1) Landowners shall conduct all
agricultural activities on agricultural lands within the boundaries of an area
subject to a water quality management plan in full compliance with the rules
implementing the plan and with all the rules and standards of the Environmental
Quality Commission relating to water pollution control. In addition to any
other remedy provided by law, any violation of those rules or standards shall
be subject to all remedies and sanctions available to the Department of
Environmental Quality or the Environmental Quality Commission.
     (2) The State Department of Agriculture
and the State Board of Agriculture shall consult with the Department of
Environmental Quality or the Environmental Quality Commission in the adoption
and review of water quality management plans and in the adoption of rules to
implement the plans.
     (3)(a) The Environmental Quality
Commission may petition the State Department of Agriculture for a review of
part or all of any water quality management plan and rules implementing the
plan. The petition must allege with reasonable specificity that the plan or the
rules are not adequate to achieve compliance with applicable state and federal
water quality standards.
     (b) The State Department of Agriculture,
in consultation with the State Board of Agriculture, shall complete its review
of a petition submitted under paragraph (a) of this subsection within 90 days
of the date of the filing of the petition for review. The State Department of
Agriculture may not terminate the review without the concurrence of the
Environmental Quality Commission unless the department initiates revisions to
the rules implementing the water quality management plan that address the
issues raised by the Environmental Quality Commission. If the State Department
of Agriculture adopts any revisions in response to a petition by the
Environmental Quality Commission, the department shall adopt the revisions not
later than two years from the date the Environmental Quality Commission submits
the petition, unless the department, with the concurrence of the Environmental
Quality Commission, finds that special circumstances require additional time.
     (4) A water quality management plan and
rules implementing the plan that pertain to a ground water management area
shall be subject to the coordination requirements of ORS 468B.162. [1993 c.263 §13;
1999 c.59 §179; 2001 c.594 §6]
     568.933
Civil penalties; availability; reductions. (1) In addition to any other liability or penalty provided by law, the
State Department of Agriculture may impose a civil penalty on a landowner of
lands within an agricultural or rural area subject to a water quality
management plan for failure to comply with rules implementing the plan.
     (2) The department may not impose a civil
penalty on a landowner for a first violation under this section unless the
department:
     (a) Has notified the landowner of the
violation in a writing that describes, with reasonable specificity, the factual
basis for the departmentÂ’s determination that a violation has occurred; and
     (b) Has prescribed a reasonable time for
the landowner to correct the violation that may not exceed 30 days after the
first notice of a violation, unless the violation requires more than 30 days to
correct, in which case the department shall specify a reasonable period of time
to correct the violation in a plan of correction issued to the landowner.
     (3) A civil penalty imposed under this
section may not exceed:
     (a) $2,500 for a first violation; or
     (b) $10,000 for a second or subsequent
violation.
     (4) For purposes of this section, each day
of a violation continuing after any period of time of correction set by the
department is a separate violation unless the department finds that a different
period of time is more appropriate to describe a specific violation event.
     (5) The landowner to whom a notice of
violation or a notice of civil penalty is addressed shall have 30 days from the
date of receipt of the notice in which to make written application for a
hearing before the department.
     (6) In imposing a penalty under this
section, the department shall consider the following factors:
     (a) The past history of the landowner
incurring a penalty in taking all feasible steps or procedures necessary or
appropriate to correct a violation.
     (b) Any prior violations of rules,
regulations or statutes pertaining to a water quality management plan.
     (c) The gravity and magnitude of the
violation.
     (d) Whether the violation was repeated or
continuous.
     (e) Whether the cause of the violation was
an unavoidable accident, negligence or an intentional act.
     (f) The violator’s efforts to correct the
violation.
     (g) The immediacy and extent to which the
violation threatens the public health or safety.
     (7) A notice of violation or period to
comply shall not be required under subsection (2) of this section if:
     (a) The violation is intentional; or
     (b) The landowner has received a previous
notice of the same or similar violation.
     (8) The department shall deposit any civil
penalty recovered under this section into a special subaccount in the
Department of Agriculture Service Fund. Moneys in the subaccount are
continuously appropriated to the department to be used for educational programs
on water quality management and to provide funding for water quality management
demonstration projects.
     (9) The State Department of Agriculture
shall reduce the amount of any civil penalty imposed under this section by the
amount of any civil penalty imposed by the Environmental Quality Commission or
the Department of Environmental Quality for violations of water quality rules
or standards, if the latter penalty is imposed on the same person and is based
on the same violation. [1993 c.263 §8; 2001 c.442 §4; 2001 c.594 §7]
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