justicedao/ipfs_state_laws huggingface dataset:
603-071-0005 Referendum on the Creation of a District As authorized by subsection (1) of ORS 568.380, the administrative procedures applicable to a referendum on the creation of a district, as provided for in ORS 568.350 and 568.360, shall be as follows: (1) The department shall establish one or more voting places within, or if deemed more appropriate without, the proposed district. The department shall also establish the dates and hours for voting. (2) The department shall cause due notice, as defined in subsection (5) of ORS 568.210, to be published or posted at least 15 days prior to the referendum and shall include in such notice the time and place of voting and the proposition to be submitted to vote. (3) The department shall request of and obtain from the county clerk a list of registered voters residing within the proposed district, such list to be requested at least ten days prior to the time of the referendum. Such list shall constitute the registration of eligible voters for the referendum. (4) The department shall prepare and make available at the voting places at the time of the referendum, ballots in the form prescribed in ORS 568.360. Procedures for absentee voting shall be in accordance with the provisions of ORS 253.010 to 253.120, and the department shall confer with the county clerk so as to comply therewith in lieu of the county clerk. (5) The department shall tabulate and determine the results of the referendum, and shall cause such results to be published at least once in a newspaper of general circulation in the area. (6) Proofs of publication and ballots, tally sheets and other referenda data shall be maintained by the department for at least six months after the referendum. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 568.380 History: AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-012-0005 SC 7-1974, f. 7-26-74, ef. 8-25-74
603-071-0010 Referendum on the Consolidation of Districts The administrative procedures applicable to a referendum on the consolidation of districts, as provided for in ORS 568.450 and 568.460, shall be those specified in OAR 603-071-0005, except the ballots shall provide for approval or disapproval of consolidation. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 568.380 History: AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-012-0010 SC 7-1974, f. 7-26-74, ef. 8-25-74
603-071-0015 Referendum on the Discontinuance of a District The administrative procedures applicable to a referendum on the discontinuance of a district, as provided for in ORS 568.480, shall be those specified in OAR 603-071-0005, except the ballots shall conform with the provisions of subsection (2) of ORS 568.480. These provisions shall also apply to referendums on discontinuance due to a district being inactive, as provided for in ORS 568.515. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 568.380 History: AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-012-0015 SC 7-1974, f. 7-26-74, ef. 8-25-74
603-071-0020 Referendum on District Adoption of Land-Use Rules Subject to the requirements of ORS 568.640 and 568.650, the administrative procedures applicable to a referendum on promulgation of land-use rules, as provided for in ORS 568.640, shall be those specified in OAR 603-071-0005. These provisions shall also apply to referendums on amendments, supplements, or repeals of such land-use rules, as provided for in ORS 568.670. However, the eligible voters shall only be the owners of lands to which the proposed land-use rule, amendment, supplement, or repeal applies. The district shall survey and determine, with the assistance of county officials and records, the eligible voters and such determination shall constitute the registration of eligible voters. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 568.380 History: AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-012-0020 SC 7-1974, f. 7-26-74, ef. 8-25-74
603-071-0025 Procedure for District Zoning and Elections Affected Thereby In accordance with the provisions of subsection (1) of ORS 568.560, whereby the department is directed to provide for the zoning of each Soil and Water Conservation District in order to assure proper representation of all people in the district and to facilitate district functions, the following procedure shall be followed: (1) Each Soil and Water Conservation District Board of Directors shall prepare a map of the district indicating the Board’s proposed zones for the election of directors. In those districts where the Board of Directors consists of five members, the zones shall be three in number, and in those districts where the Board of Directors consists of seven members the zones shall be five in number. (2) After preparation of said zoning map, the same shall be submitted to the department which shall review the proposed zones for compliance with the provisions of ORS 568.560, and thereafter either adopt the zones as proposed or modify the zones so as to cause the same to be in compliance with above cited statute. (3) The department shall notify each Soil and Water Conservation District Board of Directors of the approved zoning of the district. Each director elected from one of the established zones shall meet the “land manager” requirements of subsection (1) of ORS 568.560, and the statutory provision for election of two “land occupiers” to a board (who need not be land managers), may be complied with by the election of two members at-large. Any registered voter residing within the district is qualified to be elected to an at-large position on the board. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 568.380 History: AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-012-0025 SC 8-1976, f. & ef. 3-1-76
603-071-0030 Nominating Petitions for Directors (1) Except as provided in section (4) of this rule, nominating petitions of candidates for director to be voted for at a general election shall be filed with the department no later than the 70th day before the date of the election. The department shall file the nominating petition with the appropriate election officer no later than the 61st day before the date of the election, so that the appropriate election officer may perform the necessary election procedures. (2) In the event of a vacancy in the office of a director, so that the provisions of either section (3) or (4) of this rule would apply, the district shall immediately prepare, and file with the department not later than 30 days after the vacancy occurs, a written confirmation of vacancy setting forth the date of vacancy, cause of vacancy, and identity of the office (term of office, position or zone, etc.). (3) If a vacancy occurs in the office of a director, in addition to any other procedural requirements, the provisions of section (1) of this rule shall apply. (4) If a vacancy occurs in the office of a director within a time period that would preclude compliance with section (1) of this rule, the appropriate election officer shall be immediately notified of this circumstance. Under this circumstance, nominating petitions of candidates for director shall be filed with the appropriate election officer for verification of signatures on the petitions no later than 20 days before the date of the election. The petitions shall thereafter be submitted by the election officer to the department for confirmation of the validity of the contents of the petitions and the need therefore. If the election is determined to be necessary, and the contents of the petitions appropriate, the department shall request the appropriate election officer to publish an amended Notice of Election, prepare supplemental election ballots and absentee ballots, and to perform other procedures prescribed in ORS Chapter 255 for district elections. Statutory/Other Authority: ORS 561 & 568 Statutes/Other Implemented: ORS 568.380 History: AD 17-1986, f. & ef. 12-18-86
603-072-0005 Purpose ORS 568.801 directs the department to adopt procedures to be utilized by soil and water conservation districts desiring to implement streambank erosion control or stream corridor management projects, which are to be funded in whole or in part with state funds. OAR 603-072-0010 to 603-072-0025 set forth such procedures. Statutory/Other Authority: ORS 561 & 568 Statutes/Other Implemented: ORS 568.912 History: AD 14-1982, f. & ef. 11-1-82
603-072-0010 Definitions As used in OAR 603-072-0005 to 603-072-0025: (1) “Stream Corridor” means a perennial stream and its associated natural fringe and trees, which includes the area occupied by normal high water, the area in which the stream meanders, or in recent decades has meandered, and the immediately adjacent areas which support a belt of higher-growing vegetation needed to shade the water and protect the banks from excessive erosion, but does not include the whole of a valley floodplain. (2) “Streambank Erosion” means the wearing away of the whole side of a streambank from the stream surface down to the foot of the streambank in the stream bottom, which wearing away is the result of the scouring action of moving water, which is a rate greater than a rate resulting in imperceptible change, and which is a threat to life, property or water quality. Statutory/Other Authority: ORS 561 & 568 Statutes/Other Implemented: ORS 568.912 History: AD 14-1982, f. & ef. 11-1-82
603-072-0015 Eligibility Any soil and water conservation district may apply to the department for implementation of a streambank erosion control or stream corridor management project so as to be eligible for partial state or federal funding of such activity. Another soil and water conservation district, or other local governmental agencies, may be co-participants with the applicant without jeopardizing the applicant’s eligibility. Statutory/Other Authority: ORS 561 & 568 Statutes/Other Implemented: ORS 568.912 History: AD 14-1982, f. & ef. 11-1-82
603-072-0020 Application Procedures Applications for implementation of streambank erosion control or stream corridor management projects shall be on forms prescribed by the department, and shall contain all information requested therein. The application forms may be obtained from the department at its Salem office, and upon completion should be submitted to the department at such office at least 60 days before implementation of the activity is desired or expected. Statutory/Other Authority: ORS 561 & 568 Statutes/Other Implemented: ORS 568.912 History: AD 14-1982, f. & ef. 11-1-82
603-072-0025 Departmental Determination on Application Upon receipt of an application pursuant to OAR 603-072-0020, the department shall: (1) Review the application for completeness of information; (2) Consider the feasibility, public benefits and environmental effects of the proposed activity, and make such investigations as necessary to undertake such considerations; (3) Investigate the practicality of utilizing the resources of other state or federal agencies in carrying out the proposed activity; (4) Prepare a preliminary report and determination, and submit the same to the Soil and Water Conservation Commission for its review and comment; and (5) Prepare a final determination and forward a copy thereof to the applicant, within 90 days of receipt of the application. Statutory/Other Authority: ORS 561 & 568 Statutes/Other Implemented: ORS 568.912 History: AD 14-1982, f. & ef. 11-1-82
603-073-0001 Purpose and Scope These rules, authorized by ORS 564.040 and 564.105(6), are intended to provide for: protection of certain plants, wildflowers, and shrubs; guidelines on the listing, reclassification, and delisting of plant species as threatened or endangered; development of conservation programs intended to assist state agencies in the protection of threatened or endangered species; development of a permit system for commercial transactions and scientific taking of threatened and endangered species; and development of transplant and reintroduction protocols for endangered and threatened species. Statutory/Other Authority: ORS 561 & 564 Statutes/Other Implemented: ORS 561.190, 564.040 & 564.105(2), 564.105(4) & 564.105(6) History: AD 13-1995, f. & cert. ef. 7-12-95
603-073-0003 Prohibitions (1) Willful or negligent cutting, digging, trimming, picking, removing, mutilating, or in any manner injuring, or subsequently selling, transporting, or offering for sale any plant, flower, shrub, bush, fruit, or other vegetation growing on the right of way of any public highway within this state, within 500 feet of the center of any public highway, upon any public lands, or upon any privately owned lands is prohibited without the written permission of the owner or authorized agent of the owner. (2) The provisions of section (1) of this rule do not apply to any federal or state government employee or contractor in Oregon engaged in work upon any public road or highway while performing such work under the supervision of any federal agency, or any agency that represents a political subdivision of the State of Oregon. This section likewise does not apply to private landowners while working on their own property. (3) This rule does not apply to any person affecting a plant species which is declared by law to be a noxious weed. Statutory/Other Authority: ORS 561 & 564 Statutes/Other Implemented: ORS 561.190, 564.020 & 564.105 History: AD 13-1995, f. & cert. ef. 7-12-95
603-073-0005 List of Protected Wildflowers In addition to the genera listed in ORS 564.020(3), it is unlawful for any person to export from this state, or to sell or offer for sale, or to transport plants of any of the following genera or species, subject to the exceptions described above under OAR 603-073-0003(2) and (3): (1) Kalmiopsis. (2) Pediocactus. (3) Coryphantha. (4) Darlingtonia. (5) Talinum. Statutory/Other Authority: ORS 561 & 564 Statutes/Other Implemented: ORS 561.190, 564.020 & 564.105 History: AD 13-1995, f. & cert. ef. 7-12-95 AD 16-1989, f. & cert. ef. 10-27-89
603-073-0010 Application (1) With the exception of the department’s authority to regulate the import, export, and commercial trafficking of threatened and endangered species, per ORS 564.120(1), nothing in OAR 603-073-0030 through 603-073-0110 shall be interpreted to require the protection of any population of any listed species occurring on private lands, or to require an owner of any private lands to take action to protect such a population or its habitat. Administrators of federal lands may cooperate and consult with the department, regarding these rules, and private landowners may request assistance in protecting threatened or endangered plant species on their property, at their discretion. (2) The provisions herein do not apply to lands acquired through foreclosures of loans and contracts made pursuant to programs of the Oregon Department of Veterans’ Affairs, per ORS 564.115(7), and to any other transitional lands acquired in a similar manner by other state agencies. Statutory/Other Authority: ORS 561 & 564 Statutes/Other Implemented: ORS 561.190, 564.020 & 564.105 History: AD 13-1995, f. & cert. ef. 7-12-95 AD 16-1989, f. & cert. ef. 10-27-89
603-073-0050 Temporary Listing (1) Notwithstanding any other provisions of ORS 564.100–564.135 and these rules, the director shall adopt a temporary rule to add a plant species to the state list if there is a significant and immediate threat to the continued existence of the species, as determined by a review of existing evidence by the department. Such a ruling shall be considered an emergency provision, where evidence available to the department indicates that listing of the species is necessary to prevent imminent loss of populations or habitat. (2) Upon the determination required under section (1) of this rule, the director shall publish notice of the addition to the state list in the Oregon Administrative Rules Bulletin, and shall mail notice to affected or interested agencies or persons whose names are included on the director’s mailing list for such purposes. (3) The temporary rule shall take effect immediately upon publication in the Oregon Administrative Rules Bulletin and shall remain in effect for not more than one 180 days, during which time the director shall undertake the rulemaking procedures provided for under ORS 564.110 and these rules. Statutory/Other Authority: ORS 561 & 564 Statutes/Other Implemented: ORS 561.190, 564.020 & 564.105 History: AD 13-1995, f. & cert. ef. 7-12-95 AD 16-1989, f. & cert. ef. 10-27-89
603-073-0060 Periodic Review of State List (1) The director shall review each listed species at least once every five years to determine if documented evidence exists to justify reclassification from threatened to endangered or vice versa, removal from the state list, or a recommendation to the federal government for reclassification or removal if the species is also on the federal list. Such evidence may include, but is not limited to, increase in population size or numbers, reduction or removal of threats or taxonomic re-evaluation of a listed species. Identification and review of Candidate species (defined in OAR 603-073-0080) that merit consideration of listing as endangered or threatened shall occur in conjunction with the periodic state list review. (2) The review under section (1) of this rule shall be conducted according to the criteria set forth in ORS 564.110 and these rules. (3) In the course of reviewing listed species, the director shall consult with any agencies or persons known to have direct knowledge of the species under consideration. Specifically, in the case of taxonomic questions involving a listed species, the director shall request that the Technical Advisory Committee (see OAR 603-073-0030) submit a written statement defining its opinion of the taxonomy of the species and indicating, if necessary, an appropriate expert for additional consultation. (4) If the director determines that sufficient documented evidence exists to justify listing a species as endangered or threatened, reclassification, or removal from the state list, the director shall, within 90 days of the determination, commence rulemaking to change the status of the species. The director shall mail notice of any resulting status change to affected or interested agencies or persons whose names are included on the director’ s mailing list for such purposes. Statutory/Other Authority: ORS 561 & 564 Statutes/Other Implemented: ORS 561.190, 564.020 & 564.105 History: DOA 23-2023, amend filed 06/08/2023, effective 06/08/2023 AD 13-1995, f. & cert. ef. 7-12-95 AD 16-1989, f. & cert. ef. 10-27-89
603-073-0080 Candidate Species (1) The director shall maintain a list of candidate species that includes those native species that have potential of qualifying as threatened or endangered after additional study and evaluation, and based on the opinions of the department, the Technical Advisory Committee (see OAR 603-073-0030), and other consulted persons with relevant knowledge. The candidate species list may be acquired by writing the director. (2) The purpose of the candidate species list is to provide state agencies, and other interested persons, a means of assessing those species most likely to be listed by the director as threatened or endangered in the future. The presence of a species on the candidate list is not necessarily an indication that the species will be listed as threatened or endangered, nor does it require any protection for the species under ORS 564.105–564.135, these rules, or any other regulations. Statutory/Other Authority: ORS 561 & 564 Statutes/Other Implemented: ORS 561.190, 564.020 & 564.105 History: AD 13-1995, f. & cert. ef. 7-12-95 AD 16-1989, f. & cert. ef. 10-27-89
603-074-0005 Purpose These rules guide the Oregon State Department of Agriculture, Natural Resources Division in administering its Confined Animal Feeding Operation Program. In interpreting and applying these rules the Department may consider variations in soils and climate, and the potential for a particular confined animal feeding operation to cause a discharge of animal wastes into the waters of the state. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 561.175 History: DOA 30-2003, f. 9-11-03, cert. ef. 10-1-03 AD 12-1990, f. & cert. ef. 6-4-90
603-074-0011 Permit Designations Table describes CAFO permit designations based on animal type and numbers. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 561.190, 561.191, 561.255, 468B.050 & 468B.215 Statutes/Other Implemented: 561.255, 468B.215 & ORS 468B.205 History: DOA 19-2024, adopt filed 09/25/2024, effective 09/25/2024
603-074-0012 Permit Application Procedures (1) Except as provided in OAR 603-074-0020 below, permits for CAFOs will be issued under the applicable provisions of OAR chapter 340, division 45. (2)(a) Before submitting an application for a permit for a new large CAFO or an expanding large CAFO, a person shall: (A) Request that DEQ or ODA schedule a preliminary consultation. (B) Participate in the preliminary consultation. (b) Before scheduling the preliminary consultation, the Department shall: (A) Notify the governing bodies of all federally recognized Indian Tribes in this state; and (B) Consult with the governing bodies of those Tribes, upon request by the governing bodies. (c) The preliminary consultation must: (A) Include the applicant, DEQ, ODA, the Oregon Water Resources Department (OWRD) and other relevant state agencies, as determined by DEQ and ODA. (B) Occur not more than 45 days after the request is received. (3) A new large CAFO that is proposed to be located in a GWMA and land applies manure, litter or process wastewater to land within the GWMA must seek coverage under an individual NPDES or individual WPCF permit. (4) A complete application for a CAFO permit consists of: an Application to Register (ATR), Land Use Compatibility Statement (LUCS), Nutrient Management Plan (NMP), Application Fee, and if applicable: (a) A signed declaration of the preliminary consultation, if the person is subject to a preliminary consultation described in subsection (2). (b) A Water Supply Plan (WSP) as described in OAR 603-074-0019, if: (A) A new or expanding CAFO applies for a permit on or after July 27, 2023, (B) A large CAFO renews its permit on or after July 1, 2024, or (C) A small or medium CAFO renews its permit on or after July 1, 2025. (c) Construction approval package as described in OAR 603-074-0018(3). (5) Once the Department receives a complete application for a CAFO permit, if applicable, the Department will issue a public notice and set a hearing under the applicable provisions of OAR chapter 340, division 45. (6) Ten days prior to issuing a public notice for a new large CAFO, the Department will inform the applicant of a new large CAFO the proposed date of the public notice period. After receiving confirmation that the Department plans to issue a public notice and set a hearing, the applicant will send individual notice of the public comment period for the permit by mail to all persons on record as owning property within one-half mile of the parcel of land on which the new large CAFO is proposed to be located. Statutory/Other Authority: ORS 561.190, 561.191 & 468B.050 Statutes/Other Implemented: 468B.050, ORS 468B.055, 468B.212 & 468B.215 History: DOA 19-2024, amend filed 09/25/2024, effective 09/25/2024 DOA 30-2003, f. 9-11-03, cert. ef. 10-1-03