justicedao/ipfs_state_laws huggingface dataset:
695-050-0015 Definitions (1) "Action" means grant-related activities governed by OAR chapter 695, or the adoption, amendment, or implementation of any future Board rule or program found to affect land use pursuant to OAR 660-030-0005(2). (2) "Land Use Approval" means a final decision or determination made by a local government that concerns the adoption, amendment, or application of the goals or comprehensive plan provisions or implementing ordinances. (3) "Planning Director" means the director of county or city planning departments, an appropriate designee, or other local official responsible for carrying out land use planning functions. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-050-0020 Policy State law establishes a complementary relationship between state and local management of watersheds. The Board is required by statute to fund restoration, maintenance, and enhancement of watersheds to protect the well-being of the state and its citizens. Board programs will, however, be planned and implemented by responsible parties at the local level. Local comprehensive plans must provide inventories of local watersheds as well as measures for protecting and managing those watersheds in order to comply with Statewide Planning Goals. In order to carry this out, local governments are encouraged to use watershed council assessments and action plans where appropriate. The Board recognizes that coordination between state, local and federal agencies responsible for land management is essential to meeting policy objectives for watershed enhancement established in ORS 541.890 through 541.969. In carrying out its mandate, the Board will maximize the effectiveness of its watershed enhancement efforts by incorporating and accommodating land use objectives as prescribed in acknowledged comprehensive plans. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-050-0025 Applicability These rules will apply to Board actions authorized and governed by OAR chapter 695. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-050-0030 Compliance with Statewide Planning Goals (1) Except as provided in section (2) of this rule, Board actions will comply with the Statewide Planning Goals by ensuring compatibility with acknowledged comprehensive plans as described in these rules and OAR chapter 695. (2) The Board will adopt findings that its actions comply with the Statewide Planning Goals if: (a) An acknowledged comprehensive plan does not contain: (A) Requirements or conditions specifically applicable to a Board action; or (B) General provisions, purposes, or objectives which would be substantially affected by the action; or (b) Other conditions outlined in OAR 660-030-0065 exist. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-050-0035 Compatibility with Acknowledged Comprehensive Plans (1) The Board will assure that its actions are compatible with acknowledged comprehensive plans by following provisions established in OAR chapter 695. These provisions will: (a) Require grant applicants to obtain and submit land use information with the application package; and (b) Preclude the distribution of grant awards until the planning directors of affected counties or cities verify that: the project is allowed by and compatible with comprehensive plans; and, all local land use approvals have been issued. (2) The Board will avoid land use disputes with local government agencies following procedures prescribed in section (1) of this rule. However, the Board will provide for appropriate resolution measures as required by OAR 660-030-0070(4) and (7) through (12) if warranted. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-050-0040 Compliance of New or Amended Rules and Programs and their Compatibility with Acknowledged Comprehensive Plans (1) The Board will examine proposals to amend or add to its rules and programs to determine if they affect any use as prescribed in OAR 660-030-0005(2). The Board may approve supplementary criteria for use in making its determination. (2) The Board will notify the Department of Land Conservation and Development and any local governments relying on the Board for goal compliance as provided in OAR 660-030-0085 of all pending rule or program changes which are found to affect land use as described in section (1) of this rule. The notice will describe: (a) The proposal; (b) How the proposal affects land use; (c) How the proposal provides for compliance with the Goals and compatibility with comprehensive plans; and (d) A date until which the Board will accept written and oral comment on the proposal. (3) The Board will not approve any rule or program changes, which have been identified in responses to the notice provided pursuant to section (2) of this rule, as out of compliance with the Goals or incompatible with acknowledged comprehensive plans. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-050-0045 Coordination with State and Federal Agencies and Special Districts The Board will coordinate its actions with state and federal agencies and special districts as required in OAR 660-030-0060(c) by complying with the interagency coordination provisions in ORS 541.350 through 541.420. These provisions include: (1) Encouraging individuals, organizations and agencies to work jointly on watershed enhancement programs. (2) Coordinating the development of local watershed enhancement programs and projects. (3) Coordinating the implementation of enhancement projects with the activities of the Natural Resources Division of the Oregon Department of Agriculture, and other affected local, state and federal agencies. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-050-0050 Cooperation with, and Technical Assistance to, Local Governments (1) The Board will place a high priority on cooperating with and providing technical assistance to participating agencies as prescribed in ORS 541.890 through 541.972. (2) The Board will maintain information relating to watershed management and enhancement. (3) The Board will coordinate its participation in periodic review of comprehensive plans with the Water Resources Department pursuant to provisions in the Department's certified state agency coordination program. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
698-005-0010 Purpose These rules guide the Oregon Agricultural Heritage Commission and the Oregon Watershed Enhancement Board in fulfilling their duties in administering the Oregon Agricultural Heritage Program (OAHP) under the provisions of ORS 541.977-ORS 541.989. The OAHP includes grants for Conservation Management Plans, working land conservation covenants and easements, technical assistance, and succession planning. The purpose of OAHP is to contribute to the public benefits of: (1) Increased economic viability of Oregon’s agricultural operations and economic sector; (2) Reduced conversion and fragmentation of Oregon’s working land; and (3) The maintenance or enhancement of fish or wildlife habitat, water quality, and other natural resources on Oregon’s working land. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-005-0030 Application Requirements Applications must be submitted on the most current format required by OWEB. An explanation must accompany the application if any of the information required on the application cannot be provided. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-005-0040 Application Processsing (1) Project applications will be reviewed based on application completeness and the evaluation criteria adopted by the Board for each grant type in these rules. (2) Applications will be considered complete as submitted. Clarification of information may be sought from the applicant during the evaluation process, but additional, new information will not be accepted after the application deadline. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-005-0045 Climate-Related Evaluation Criteria In addition to the evaluation criteria for Conservation Management Plans (OAR 698-010-0090), Working Land Conservation Covenants and Easements (OAR 698-015-0090), Working Land Technical Assistance Grants (OAR 698-020-0160), and Succession Planning Grants (OAR 698-025-0060), grant applications shall also be evaluated, whenever possible, on: (1) How engagement with, and input from, local communities disproportionately impacted by climate change has informed or will inform the project. (2) How changing climate conditions are incorporated into the project and how the project will contribute to durable adaptation and resilience for ecosystems, including human communities. (3) How consideration of greenhouse gas emissions or long-term carbon sequestration or storage has informed the project. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, adopt filed 01/31/2025, effective 01/31/2025
698-005-0050 Grant Agreement Conditions (1) OWEB will enter into new Grant Agreements with prior grantees only if all reporting obligations under earlier agreements have been met. (2) If the Grant Agreement has not been fully executed by all the parties within one year of Board approval, funding shall be terminated. The money allocated to the grant shall be available for reallocation by the Board for purposes of the Oregon Agricultural Heritage Program. (3) The Director shall establish Grant Agreement conditions for each grant type. Grantees shall comply with all Grant Agreement conditions. (4) The grantee shall comply with all federal, state and local laws and ordinances applicable to the work to be completed under the agreement. (5) Upon notice to the grantee in writing, the Director may terminate funding for projects not completed in the prescribed time and manner. The money allocated to the project but not used will be available for reallocation by the Board for purposes of the Oregon Agricultural Heritage Program. (6) The grantee will obtain all necessary permits and licenses from local, state or federal agencies or governing bodies and provide a copy of each permit or license to the OWEB. (7) OWEB may place additional conditions in the Grant Agreement as necessary to carry out the purpose of the program, including: (a) An enforceable agreement by the Agricultural Landowner or Operator for continued access by OWEB and its designees for monitoring the project after completion; (b) An enforceable agreement by the grantee to maintain the project for a period of time commensurate with the project approved by the Board; (c) An enforceable agreement to supply future reports on the project as required; and (d) Such other conditions as OWEB deems appropriate to the particular circumstances of the project. (8) Rules and conditions in place at the time the grant is awarded shall govern throughout the term of the project unless changes are mutually agreeable to all parties. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-005-0060 Use of Restricted Funding The Board may accept contributions to the Oregon Agricultural Heritage Fund from any public or private source and may agree to any conditions for the expenditure of those contributions that are consistent with the purpose of the fund as specified in ORS 541.977 – ORS 541.989. Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-005-0070 Distribution of Funds (1) The Director may withhold payments to a grantee if there are significant and persistent difficulties with satisfying OWEB requirements. (2) Funds will be released upon receipt of a completed request, as prescribed by OWEB, accompanied by documents as determined by the Director, and proof of completion of specific work elements of the project as identified in the Grant Agreement. (3) Advance funds may be released upon presentation of a detailed estimate of expenses for up to 120 days. Within 120 days of the date of the advance check, receipts or invoices for the advance must be submitted, a justification to extend the advance must be approved, or the unexpended advance funds must be returned to OWEB. Additional funds will not be released until receipts for expenditures of previous fund releases are submitted, or an estimate of expenditures is approved by the Director. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-005-0090 Technical Committees In addition to Technical Committees established by the Commission to rank and evaluate grant applications, the Commission may establish any Technical Committees it considers necessary to aid and advise the Commission in the performance of its functions, in compliance with ORS 541.988(2). Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-005-0100 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 5 unless required by statute, when doing so will result in more efficient or effective implementation of the Oregon Agricultural Heritage Program. Any waiver must be in writing, included in the grant file to which the waiver applies, and reported to the Commission at the next meeting. The administrative rules for the OAHP shall be periodically reviewed by the Commission, Board, and OWEB and revised as necessary and appropriate. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-010-0010 Purpose (1) This Division supplements the Oregon Agricultural Heritage Program Administration rules under OAR 698-005 and provides specific requirements for Conservation Management Plan Grant Program. (2) The purpose of a Conservation Management Plan as defined in OAR 698-005-0020(6) is to develop and implement conservation measures or other protections for maintaining or enhancing fish or wildlife habitat, water quality or other natural resource values in a manner consistent with the social and economic interests and abilities of the Agricultural Landowner or Operator. The plan may include provisions for addressing particular priorities related to natural resource values, including but not limited to soil, water, plants, animals, energy and human need considerations. (3) The Conservation Management Plan Grant Program funds the development, implementation, and monitoring of Conservation Management Plans (plans) entered into by agricultural landowners or operators and Conservation Management Plan holders to manage working land in a manner that contributes to the purpose of the OAHP as defined in OAR 698-005-0010. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-010-0020 Definitions (1) “Mutual Modification” means a change to a Conservation Management Plan that is: (a) Material to the plan as defined in 698-010-0120(5); and (b) Agreed to by the Agricultural Landowner or Operator implementing the plan and the Conservation Management Plan holder. (2) “Project” means the aggregate of activities included in 698-010-0060 that comprise an application. (3) “Conservation Management Plan Holder” means an entity that is eligible to hold a Conservation Management Plan that is or would be responsible for developing, implementing, monitoring or enforcing the agreement under an OAHP Grant Agreement. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-010-0030 Eligible Applicants (1) Eligible applicants for Conservation Management Plan Grants are: (a) Entities eligible to hold a conservation easement as defined in ORS 271.715, other than a state agency; (b) Watershed councils; and (c) Tax exempt organizations under section 501(c)(3) of the Internal Revenue Code. (2) Individual agricultural landowners or operators are not eligible to apply for a Conservation Management Plan Grant. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-010-0045 Eligible Properties Eligible properties for Conservation Management Plan Grants are working lands as defined in ORS 541.977(2). Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, adopt filed 01/31/2025, effective 01/31/2025
698-010-0050 Match Contributions (1) All applicants shall demonstrate that some portion of the application is being sought as match. (2) The following funds and activities qualify as match: (a) In-kind contributions to activities listed under OAR 698-010-0060; and (b) Funding commitments made by others as a result of grant applicant efforts. (3) The Director retains the discretion to determine whether specific proposed matching costs not specifically identified above can be recognized as qualifying matching costs. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-010-0060 Use of Funds Funding may be utilized to develop, implement, carry out or monitor Conservation Management Plans. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-010-0070 Term of Payment for Conservation Management Plan Implementation (1) If an Agricultural Landowner or Operator is reimbursed for the implementation of a Conservation Management Plan, the plan must be for a term of at least 20 years and no more than 50 years. (2) If a plan is associated with a Working Land Conservation Covenant that would also be funded by OAHP, the term of the plan must be the same as the term of the covenant. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-010-0080 Conservation Management Plan Components At a minimum, Conservation Management Plans must include: (1) A summary describing how the Conservation Management Plan meets the purpose of the OAHP as defined in OAR 698-005-0010; (2) The contact and location information for the Agricultural Landowner or Operator and Conservation Management Plan holder; (3) Relevant background and context of the working land and operation; (4) Short and long-term social, economic, and conservation goals of the Agricultural Landowner or Operator; (5) Resource analysis and identification of resource and management concerns; (6) Identification of potential plan activities and a justification for the activities that were selected for implementation; (7) The implementation plan, including a budget; (8) If applicable, a maintenance plan for infrastructure associated with the plan that may affect neighboring lands if not maintained over time; (9) The expected agricultural, fish or wildlife, water quality or other natural resource outcomes, and related social outcomes of the plan once implemented; (10) How the Conservation Management Plan will be monitored and managed; (11) Provisions for mutual modification as necessary to reflect changes in practices or circumstances; (12) A conflict resolution protocol for the Agricultural Landowner or Operator and the Conservation Management Plan holder if the grant program would fund the implementation of the plan; and (13) The term or terminating event for the plan. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019