There Is a Newer Version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 5, Chapters 171 - 200
ORS Chapter 196
- Note: Definitions in 197.015 apply to ORS chapter 196. COLUMBIA RIVER GORGE
- 196.105 Definitions for ORS 196.105 to 196.125.
- 196.107 Legislative findings on management plan; effect of plan on land use decisions; decertification of plan.
- 196.109 Effect of revision of urban area boundaries within scenic area on management plan.
- 196.110 Land use regulation in Columbia River Gorge National Scenic Area.
- 196.115 Appeal from decision of Columbia River Gorge Commission or county.
- 196.120 Exercise of eminent domain; property value.
- 196.125 Buffer by regulation around Columbia River Gorge National Scenic Area prohibited.
- 196.150 Compact provisions.
- 196.155 Authority for state officers and agencies to carry out duties under compact.
- 196.160 Membership on Columbia River Gorge Commission.
- 196.165 Status of commission employees for purposes of certain benefits.
- 196.175 Pacific Ocean Resources Compact ratified.
- Note: 196.175 to 196.185 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 196.180 Compact provisions.
- Note: See note under 196.175.
- 196.185 Representation on compact.
- Note: See note under 196.175. OREGON OCEAN RESOURCES MANAGEMENT (Generally)
- 196.405 Definitions for ORS 196.405 to 196.515.
- 196.407 Policy.
- 196.408 Duties of state agencies.
- 196.410 Legislative findings for offshore oil and gas leasing.
- 196.415 Legislative findings for ocean resources management.
- 196.420 Policy.
- 196.425 Oregon Ocean Resources Management Program.
- 196.435 Primary agency for certain federal purposes; restrictions.
- 196.438 Ocean Policy Advisory Council; members; term of office; quorum.
- Note: 196.438 to 196.448 were added to and made a part of 196.405 to 196.515 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 196.443 Duties of council.
- Note: See note under 196.438.
- 196.445 [1987 c.576 8; 1989 c.154 1; 1989 c.904 52; repealed by 1991 c.501 18]
- 196.448 Member compensation; meetings.
- Note: See note under 196.438.
- 196.450 [1987 c.576 9; repealed by 1991 c.501 18]
- 196.451 Technical advisory committee.
- Note: 196.451 and 196.453 were added to and made a part of 196.405 to 196.515 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 196.453 Project review panels; guidelines.
- Note: See note under 196.451.
- 196.455 Coordination with federal programs.
- 196.465 Compatibility of acknowledged comprehensive plans.
- 196.470 [1987 c.576 12; repealed by 1991 c.501 18]
- 196.471 Territorial Sea Plan review requirements.
- Note: 196.471 was added to and made a part of 196.405 to 196.515 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 196.475 [1987 c.576 13; 1991 c.501 15; repealed by 2003 c.744 14]
- 196.485 State agency coordination requirements; incorporation of plans.
- 196.490 [1987 c.576 18; repealed by 1991 c.501 18]
- 196.495 [1987 c.576 19; repealed by 1991 c.501 18]
- 196.500 [1987 c.576 20; repealed by 1991 c.501 18]
- 196.505 [1987 c.576 21; repealed by 1991 c.501 18]
- 196.515 Short title.
- 196.540 Marine reserves; rules.
- Note: 196.540 to 196.555 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 196.545 Work plan; use of data and recommendations.
- Note: See note under 196.540.
- 196.550 Funding.
- Note: See note under 196.540.
- 196.555 Reporting; rules.
- Note: See note under 196.540. (Miscellaneous)
- 196.575 Authorization to obtain federal oceanographic data; joint liaison program; use of data.
- Note: 196.575 and 196.580 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 196.580 Liaison program duties.
- Note: See note under 196.575. MITIGATION
- 196.600 Definitions for ORS 196.600 to 196.655.
- 196.605 Purpose.
- 196.610 Powers of Director of Department of State Lands; fees.
- 196.615 Program for mitigation banks; program standards and criteria; rules.
- 196.620 Resource values and credits for mitigation banks; use and withdrawal of credits; annual evaluation of system by director.
- 196.623 Watershed enhancement project as mitigation bank; sale of mitigation credit.
- 196.625 Fill and removal activities in mitigation banks; reports.
- 196.630 Rules.
- 196.635 Director to consult and cooperate with other agencies and interested parties.
- 196.640 Oregon Removal-Fill Mitigation Fund; rules.
- 196.643 Payments to comply with permit condition, authorization or resolution of violation.
- 196.645 Sources of fund.
- 196.650 Use of fund.
- 196.655 Report on Oregon Removal-Fill Mitigation Fund; contents.
- 196.660 Effect of ORS 196.600 to 196.655.
- 196.665 Short title.
- 196.668 Legislative findings.
- 196.670 [Formerly 541.605; renumbered 196.800 in 1989]
- 196.672 Policy.
- 196.674 Statewide Wetlands Inventory; rules.
- 196.675 [Formerly 541.610; renumbered 196.805 in 1989]
- 196.676 Response to notices from local governments.
- 196.678 Wetland conservation plans; contents; procedure for adopting.
- 196.680 [Formerly 541.615; renumbered 196.810 in 1989]
- 196.681 Duties of department; standards for approval of plan; conditions for approval; order.
- 196.682 Permits required for removal or fill; conditions on issuance of permit.
- 196.684 Amendment of plans; review of plans by department; review of orders by Land Use Board of Appeals.
- 196.685 [Formerly 541.620; renumbered 196.815 in 1989]
- 196.686 Acknowledged estuary management plans; review and approval; hearings; final order.
- 196.687 Regulation of alteration or fill of artificially created wetlands.
- Note: 196.687 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 196.688 Public information program.
- 196.690 [Formerly 541.622; renumbered 196.820 in 1989]
- 196.692 Rules.
- 196.695 [Formerly 541.625; renumbered 196.825 in 1989]
- 196.700 [Formerly 541.626; renumbered 196.830 in 1989]
- 196.705 [Formerly 541.627; renumbered 196.835 in 1989]
- 196.710 [Formerly 541.630; renumbered 196.840 in 1989]
- 196.715 [Formerly 541.635; renumbered 196.845 in 1989]
- 196.718 [Enacted in lieu of 541.640; renumbered 196.850 in 1989]
- 196.720 [Formerly 541.645; renumbered 196.855 in 1989]
- 196.725 [Formerly 541.650; renumbered 196.860 in 1989]
- 196.730 [Formerly 541.655; renumbered 196.865 in 1989]
- 196.735 [Formerly 541.660; renumbered 196.870 in 1989]
- 196.740 [Formerly 541.662; renumbered 196.875 in 1989]
- 196.745 [Formerly 541.665; renumbered 196.880 in 1989]
- 196.750 [Formerly 541.670; renumbered 196.885 in 1989]
- 196.755 [Formerly 541.675; renumbered 196.890 in 1989]
- 196.760 [Formerly 541.680; renumbered 196.895 in 1989]
- 196.765 [Formerly 541.685; renumbered 196.900 in 1989]
- 196.770 [Formerly 541.695; renumbered 196.905 in 1989] REMOVAL OF MATERIAL; FILLING
- Note: Section 2, chapter 45, Oregon Laws 1989, provides:
- Sec. 2. Provision relating to fills depending on E.P.A. approval.
- Note: See second note under 196.800.
- 196.795 Streamlining process for administering state removal or fill permits; application for state program general permit; periodic reports to legislative committee.
- Note: 196.795 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 196.800 Definitions for ORS 196.600 to 196.905.
- Note: Operation of the amendments to 196.800 by section 1, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval, including amendments by section 8, chapter 253, Oregon Laws 2003, section 15, chapter 738, Oregon Laws 2003, section 3, chapter 849, Oregon Laws 2007, and section 19, chapter 343, Oregon Laws 2009, is set forth for the user s convenience.
- 196.800. As used in ORS 196.600 to 196.905, unless the context requires otherwise: (1) Channel relocation means a change in location of a channel in which a new channel is dug and the flow is diverted from the old channel into the new channel. (2) Estuary means: (a) For waters other than the Columbia River, the body of water from the ocean to the head of tidewater that is partially enclosed by land and within which salt water is usually diluted by fresh water from the land, including all associated estuarine waters, tidelands, tidal marshes and submerged lands; and (b) For the Columbia River, all waters from the mouth of the river up to the western edge of Puget Island, including all associated estuarine waters, tidelands, tidal marshes and submerged lands. (3) Fill means the deposit by artificial means of material at one location in any waters of this state. (4) General authorization means an authorization granted under ORS 196.850 for a category of activities involving removal or fill, or both, without a permit. (5) General permit means a permit for removal activities or fill activities that are substantially similar in nature, are recurring or ongoing, and have predictable effects and outcomes. (6) Intermittent stream means any stream which flows during a portion of every year and which provides spawning, rearing or food-producing areas for food and game fish. (7) Material means rock, gravel, sand, silt and other inorganic substances removed from waters of this state and any materials, organic or inorganic, used to fill waters of this state. (8) Mitigation means the reduction of adverse effects of a proposed project by considering, in the following order: (a) Avoiding the effect altogether by not taking a certain action or parts of an action; (b) Minimizing the effect by limiting the degree or magnitude of the action and its implementation; (c) Rectifying the effect by repairing, rehabilitating or restoring the affected environment; (d) Reducing or eliminating the effect over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate corrective measures; and (e) Compensating for the effect by creating, restoring, enhancing or preserving substitute functions and values for the waters of this state. (9) Person means a person, a public body, as defined in ORS 174.109, the federal government, when operating in any capacity other than navigational servitude, or any other legal entity. (10) Practicable means capable of being accomplished after taking into consideration the cost, existing technology and logistics with respect to the overall project purpose. (11) Public use means a publicly owned project or a privately owned project that is available for use by the public. (12) Removal means: (a) The taking of material in any waters of this state; or (b) The movement by artificial means of material within the bed of such waters, including channel relocation. (13) Water resources includes not only water itself but also aquatic life and habitats therein and all other natural resources in and under the waters of this state. (14) Waters of this state means all natural waterways, tidal and nontidal bays, intermittent streams, constantly flowing streams, lakes, wetlands, that portion of the Pacific Ocean that is in the boundaries of this state, all other navigable and nonnavigable bodies of water in this state and those portions of the ocean shore, as defined in ORS 390.605, where removal or fill activities are regulated under a state-assumed permit program as provided in 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act, as amended. (15) Wetland conservation plan means a written plan providing for wetland management containing a detailed and comprehensive statement of policies, standards and criteria to guide public and private uses and protection of wetlands, waters and related adjacent uplands and which has specific implementing measures and which apply to designated geographic areas of the State of Oregon. (16) Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
- Note: Sections 11 to 14, chapter 516, Oregon Laws 2001, provide:
- Sec. 11.
- Sec. 12.
- Sec. 13.
- Sec. 14.
- 196.805 Policy.
- 196.810 Permit required to remove material from bed or banks of waters; status of permit; exceptions; rules.
- Note: Operation of the amendments to 196.810 by section 2, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval, including amendments by section 97, chapter 14, Oregon Laws 2003, section 64, chapter 71, Oregon Laws 2007, section 5, chapter 625, Oregon Laws 2007, and section 15, chapter 849, Oregon Laws 2007, is set forth for the user s convenience.
- 196.810. (1)(a) Except as otherwise specifically permitted under ORS 196.600 to 196.905, a person may not remove any material from the beds or banks of any waters of this state or fill any waters of this state without a permit issued under authority of the Director of the Department of State Lands, or in a manner contrary to the conditions set out in the permit, or in a manner contrary to the conditions set out in an order approving a wetland conservation plan. (b) A permit is not required under paragraph (a) of this subsection for prospecting or other nonmotorized activities resulting in the removal from or fill of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material within a particular stream segment in a single year. Prospecting or other nonmotorized activities may be conducted only within the bed or wet perimeter of the waterway and may not occur at any site where fish eggs are present. Removal or filling activities customarily associated with mining require a permit under paragraph (a) of this subsection. (c) A permit is not required under paragraph (a) of this subsection for construction or maintenance of fish passage and fish screening structures associated with irrigation ditches or the maintenance of drainage ditches that are constructed, operated or maintained under ORS 498.306, 498.316, 498.326 or 509.600 to 509.645. (d) Nothing in this section limits or otherwise changes the exemptions under ORS 196.905. (2) A public body, as defined in ORS 174.109, may not issue a lease or permit contrary or in opposition to the conditions set out in the permit issued under ORS 196.600 to 196.905. (3) Subsection (1) of this section does not apply to removal of material under a contract, permit or lease with any public body, as defined in ORS 174.109, entered into before September 13, 1967. However, a contract, permit or lease may not be renewed or extended on or after September 13, 1967, unless the person removing the material has obtained a permit under ORS 196.600 to 196.905. (4) Notwithstanding subsection (1) of this section, the Department of State Lands may issue, orally or in writing, an emergency authorization to a person for the removal of material from the beds or banks or filling of any waters of this state in an emergency, for the purpose of making repairs or for the purpose of preventing irreparable harm, injury or damage to persons or property. The emergency authorization issued under this subsection: (a) Shall contain conditions of operation that the department determines are necessary to minimize impacts to water resources or adjoining properties. (b) Shall be based, whenever practicable, on the recommendations contained in an on-site evaluation by an employee or representative of the department. (c) If issued orally, shall be confirmed in writing by the department within five days. (d) Does not relieve the person from payment of a fee calculated in the manner provided in ORS 196.815. (5) As used in this section: (a) Bed means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar. (b) Prospecting means searching or exploring for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate. (c) Wet perimeter means the area of the stream that is under water or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs.
- Note: See second note under 196.800.
- 196.815 Application for permit; rules; fees; disposition of fees.
- 196.816 General permits allowing removal of certain amount of material for maintaining drainage; rules; waiver of fees.
- 196.817 General permits; rules.
- 196.818 Wetland delineation reports; review by Department of State Lands; fees.
- 196.820 Prohibition against issuance of permits to fill Smith Lake or Bybee Lake; exception.
- 196.825 Criteria for issuance of permit; conditions; consultation with public bodies; hearing; appeal.
- 196.830 Estuarine resource replacement as condition for fill or removal from estuary; considerations; other permit conditions.
- 196.835 Hearing regarding issuance of permit; procedure; appeals; suspension of permit pending appeal.
- 196.840 [Formerly 541.630 and then 196.710; repealed by 2005 c.729 1]
- 196.845 Investigations and surveys.
- 196.850 Waiving permit requirement in certain cases; rules; notice; review; fees; disposition of fees.
- Note: Operation of the amendments to 196.850 by section 4, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval, including amendments by section 12, chapter 253, Oregon Laws 2003, and section 7, chapter 849, Oregon Laws 2007, is set forth for the user s convenience.
- 196.850. (1) Notwithstanding ORS 196.810, the Department of State Lands may, by rule, grant general authorization for removal of material from the bed or banks of any waters of this state or the filling of any waters of this state without a permit from the department if the department finds that the activities subject to the general authorization: (a) Are substantially similar in nature; (b) Would cause only minimal individual and cumulative environmental impacts; and (c) Would not result in long-term harm to water resources of the state. (2) A general authorization may be granted on a statewide or other geographic basis. (3) The department shall condition any general authorization upon actions necessary to minimize environmental impacts. (4) The department shall provide notice of any proposed general authorization to affected federal and state agencies, local governments, tribal governments and the public. The notice shall include: (a) A clear description of the proposal; and (b) Draft findings and any proposed conditions pursuant to this section. (5) Any person proposing to conduct an action under a general authorization shall: (a) Notify the department in writing prior to conducting the action. The person may not commence the action until the person receives a letter of authorization from the department. (b) Pay the applicable fee to the department as determined under subsection (10) of this section. (6) The Director of the Department of State Lands shall waive the requirements of subsection (5) of this section if the director issues a general authorization and the authorized activity: (a) Involves less than 50 cubic yards of material; (b) Will be conducted during periods that minimize adverse effects to fish and wildlife in accordance with guidance provided by the State Department of Fish and Wildlife; (c) Will not dam or divert a waterway in a manner that obstructs fish passage or vessel navigation; and (d) Will not violate water quality standards as established by the Department of Environmental Quality. (7) The Department of State Lands shall amend or rescind any general authorization upon a determination that the activities conducted under the authorization have resulted in or would result in more than minimal environmental impacts or long-term harm to the water resources of this state. (8) The department shall review each general authorization adopted pursuant to this section every five years. The review shall include public notice and opportunity for public hearing. After the review, the department may either modify, reissue or rescind the general authorization. (9) In addition to the grounds for review set forth in ORS 183.400 (4), on judicial review of the validity of a rule adopted under this section, the rule shall be reviewable for substantial evidence in the rulemaking record. The record shall include copies of all documents before the agency relevant to the findings required by subsection (1) of this section. (10) If the rule adopting a general authorization under this section is: (a) For actions that result in moving less than 50 cubic yards of material, the department may not charge a fee for the general authorization. (b) For actions that result in moving 50 or more cubic yards of material, the department may establish a fee for the general authorization. The fee may not exceed $250 and shall be based on the cost of processing the general authorization. (11) The department shall credit any fee collected under this section to the Common School Fund for use by the department in administration of ORS 196.600 to 196.905.
- Note: See second note under 196.800.
- 196.855 Noncomplying removal of material or filling as public nuisance.
- 196.860 Enforcement powers of director.
- 196.865 Revocation, suspension or refusal to renew permit.
- 196.870 Abatement proceedings; restraining order; injunction; public compensation.
- 196.875 Double and treble damages for destruction of public right of navigation, fishery or recreation; costs and attorney fees.
- Note: 196.875 [formerly 541.662 and 196.740] was enacted by two identical provisions, section 10 of chapter 330 and section 13 of chapter 674, Oregon Laws 1973. Both are compiled as a single section.
- 196.880 Fill under permit presumed not to affect public rights; public rights extinguished.
- 196.885 Annual report of fill and removal activities; contents of report.
- 196.890 Civil penalties.
- 196.895 Imposition of civil penalties.
- Note: Operation of the amendments to 196.895 by section 5, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval is set forth for the user s convenience.
- 196.895. (1) Except as provided in subsection (4) of this section, civil penalties under ORS 196.890 shall be imposed as provided in ORS 183.745. (2) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the Director of the Department of State Lands under this section may be joined by the director with any other action taken against the same person under ORS 196.860 (1)(f). (3) Any civil penalty recovered under this section shall be deposited in the Common School Fund for use by the Department of State Lands in administration of ORS 196.600 to 196.905, 196.990 and 541.990 and as otherwise required by law. (4) Notwithstanding any provision of ORS 183.745, any person having an interest that is adversely affected or aggrieved by an alleged violation for which civil penalties are imposed under ORS 196.890 may intervene in a contested case proceeding pertaining to the imposition of civil penalties under this section.
- Note: See second note under 196.800.
- 196.900 Schedule of civil penalties; rules; factors to be considered in imposing civil penalties.
- 196.905 Applicability; rules.
- Note: Operation of the amendments to 196.905 by section 6, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval, including amendments by section 13, chapter 253, Oregon Laws 2003, section 4, chapter 342, Oregon Laws 2009, section 2, chapter 16, Oregon Laws 2011, and section 4, chapter 406, Oregon Laws 2011, is set forth for the user s convenience.
- 196.905. (1) Notwithstanding the exemptions in subsections (3) to (8) of this section, a permit under ORS 196.600 to 196.905 is required for any fill or removal of material in or from the waters of this state when: (a) The fill or removal is a part of an activity whose purpose is to bring an area of state waters into a use to which it was not previously subject; and (b)(A) The flow or circulation of the waters of this state may be impaired; or (B) The reach of the waters may be reduced. (2) Nothing in ORS 196.600 to 196.905 applies to removal of materials from the beds or banks or filling of the waters of a nonnavigable natural waterway, or any portion thereof, in this state, if: (a) Such waterway or portion is situated within forestland; and (b) Such removal or filling is directly connected with a forest management practice conducted in accordance with ORS 527.610 to 527.770, 527.990 and 527.992. (3) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, on converted wetlands for normal farming and ranching activities such as plowing, grazing, seeding, planting, cultivating, conventional crop rotation or harvesting. (4) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, on lands zoned for exclusive farm use as described in ORS 215.203 for the following activities: (a) Drainage or maintenance of farm or stock ponds; or (b) Maintenance of farm roads, provided that: (A) The farm roads are constructed and maintained in accordance with construction practices designed to minimize any adverse effects to the aquatic environment; (B) Borrow material for farm road maintenance does not come from waters of this state unless authorized by the Department of State Lands; and (C) Maintenance activities are confined to the scope of construction for the original project. (5) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for any activity defined as a farm use in ORS 215.203, on lands zoned for exclusive farm use pursuant to ORS 215.203, if the lands are converted wetlands that are also certified as prior converted cropland by the Natural Resources Conservation Service of the United States Department of Agriculture, or its successor agency, so long as commercial agricultural production on the land has not been abandoned for five or more years. (6) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for the reestablishment of crops under federal conservation reserve program provisions set forth in 16 U.S.C. 3831 as in effect on January 1, 2010. (7) The exemptions in subsections (3) to (6) of this section do not apply to any fill or removal that involves changing an area of wetlands or converted wetlands to a nonfarm use. (8) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for the maintenance or reconstruction of structures such as dikes, dams, levees, groins, riprap, tidegates, drainage ditches, irrigation ditches and tile drain systems, provided that: (a) The structure was serviceable within the past five years; and (b) Such maintenance or reconstruction would not significantly adversely affect wetlands or other waters of this state to a greater extent than the wetlands or waters of this state were affected as a result of the original construction of those structures. (9) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for temporary dams constructed for crop or pasture irrigation purposes that are less than 50 cubic yards, provided the following conditions are satisfied: (a) The removal or filling is conducted during periods that minimize adverse effects to fish and wildlife in accordance with guidance provided by the State Department of Fish and Wildlife; (b) The removal or filling does not jeopardize a threatened or endangered species or adversely modify or destroy the habitat of a threatened or endangered species listed under federal or state law; and (c) Temporary fills are removed in their entirety and the area is restored to its approximate original elevation. (10) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable roads or transportation structures such as groins and riprap protecting roads, causeways and bridge abutments or approaches. (11) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for the maintenance of access roads constructed to move mining equipment, subject to the following conditions: (a) The access roads are constructed and maintained in accordance with construction practices that minimize adverse effects to the aquatic environment; (b) Borrow material for access road maintenance does not come from waters of this state unless authorized by the Department of State Lands; and (c) Maintenance activities are confined to the scope of construction for the original project. (12) Nothing in ORS 196.600 to 196.905 applies to removal or filling, or both, within the beds or banks of any waters of this state conducted as part of a surface mining operation that is the subject of a memorandum of agreement between the Department of State Lands and the State Department of Geology and Mineral Industries in which the State Department of Geology and Mineral Industries is assigned sole responsibility for permitting as described in ORS 517.797. (13) The department may adopt a rule that exempts from the requirement to obtain a permit under ORS 196.800 to 196.900 voluntary habitat restoration projects that have only minimal adverse impact on waters of this state. (14) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for a change in the point of diversion to withdraw surface water for beneficial use if the change in the point of diversion is necessitated by a change in the location of the surface water and authorized by the Water Resources Department. (15) As used in this section: (a)(A) Converted wetlands means agriculturally managed wetlands that, on or before June 30, 1989, were brought into commercial agricultural production by diking, draining, leveling, filling or any similar hydrologic manipulation and by removal or manipulation of natural vegetation, and that are managed for commercial agricultural purposes. (B) Converted wetlands does not include any stream, slough, ditched creek, spring, lake or any other waters of this state that are located within or adjacent to a converted wetland area. (b) Harvesting means physically removing crops or other agricultural products. (c) Plowing includes all forms of primary tillage, including moldboard, chisel or wide-blade plowing, discing, harrowing or similar means of breaking up, cutting, turning over or stirring soil to prepare it for planting crops or other agricultural products. Plowing does not include: (A) The redistribution of soil, rock, sand or other surface materials in a manner that changes areas of waters of this state into dry land; or (B) Rock crushing activities that result in the loss of natural drainage characteristics, the reduction of water storage and recharge capability, or the overburdening of natural water filtration capacity. (d) Seeding means the sowing of seed or placement of seedlings to produce crops or other agricultural products.
- Note: See second note under 196.800.
- 196.910 Monitoring fill and removal activities; public education and information materials; periodic reports to legislative committee.
- Note: 196.910 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. PENALTIES
- 196.990 Penalties.
- Note: Operation of the amendments to 196.990 by section 7, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval is set forth for the user s convenience.
- 196.990. (1) A person commits the offense of unlawful removal from or filling of waters of this state if the person knowingly violates ORS 196.810 or an order issued thereunder, or any rule or condition of a permit issued under ORS 196.600 to 196.905. (2) Notwithstanding ORS 161.515, unlawful removal from or filling of waters of this state is an offense punishable by a fine of up to $10,000 per day of violation.
- Note: See second note under 196.800. _______________
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