justicedao/ipfs_state_laws huggingface dataset:
141-110-0085 Lease Renewals (1) At least 180 calendar days prior to the current lease expiration date, the Department will send the lessee of record a notice by certified mail indicating the date of expiration along with a lease renewal application form. The lease renewal application form must be received by the Department not less than 90 calendar days prior to the expiration of the lease. (2) The Department may review the lands incorporated in the leasehold prior to expiration of the lease to determine their continued suitability for grazing. (3) Upon receipt of a completed lease renewal application form, the lease will be renewed for a term of up to 10 calendar years unless: (a) Otherwise specified in the applicable forage lease; (b) The land has been reclassified according to the Asset Management Plan to a land classification other than rangelands; (c) The lessee has not complied with the terms of the lease, related statutes, these rules, or any applicable LMP and amendments thereto; or (d) The Department determines that the renewal of the lease for all or portions of the leasehold is contrary to local, state, or federal law; or inconsistent with the Land Board's fiduciary responsibilities; or will not result in the greatest public benefit, consistent with the conservation of the resource under sound techniques of land management as required by Article VIII, Section 5, of the Oregon Constitution. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09
141-110-0110 Subleases and Assignment of Leases (1) Any lessee wanting to sublease or assign a lease to another person must: (a) Apply to the Department for prior written authorization on a form provided by the Department; and (b) Submit a non-refundable application fee as provided for in OAR 141-110-0045(2). (2) Subleases shall not be approved for more than 5 calendar years and are not to be renewed or assigned. (3) All such requests must be received by the Department at least 30 calendar days prior to the requested date of transfer. (4) No sublease or assignment shall occur without the prior written approval of the Department. The Department may condition its approval of any sublease or assignment. (5) Under an approved sublease, in addition to the annual compensation required under a lease, the lessee must pay to the Department an additional amount equal to 50 percent of the annual lease rental payment for those AUMs approved in the sublease agreement. (6) The Department will terminate the lease of any lessee who subleases or assigns any part or all of their leasehold to another person without the prior written approval of the Department. (7) A lessee entering into a sublease approved by the Department will continue to be bound by all terms and conditions of their lease, including the requirements of the LMP. (8) Assignments, if approved by the Department will be no longer than the remaining unexpired term of the lease. An assignee of a rangeland lease shall be bound by the existing lease and, if applicable, the LMP. (9) Assignees must meet all applicable requirements as set forth in OAR 141-110-0035. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09 DSL 1-1999, f. & cert. ef. 3-2-99 LB 8-1996, f. & cert. ef. 12-13-96 LB 3-1995, f. & cert. ef. 10-13-95 LB 4-1994, f. & cert. ef. 8-2-94
141-110-0120 Improvements by Lessee (1) No improvement may be constructed or placed upon leased land unless the lessee has obtained the prior written authorization of the Department. (2) The Department will consider the following factors before deciding whether to authorize a proposed improvement on a leasehold: (a) Need for the proposed improvement; (b) Benefits of the proposed improvement; (c) Impacts of the proposed improvement on the leasehold, fish and wildlife habitat, recreational resources, historical resources and cultural resources; and (d) Whether the proposed improvement is permitted by the local jurisdiction's acknowledged comprehensive plan and land use regulations. (3) All improvements must be maintained by the lessee in good working order as appropriate to the type of improvement. (4) The lessee must take all reasonable and prudent efforts to ensure that an improvement does not pose a danger to public safety. (5) All improvements to the leasehold become the property of the Department. (6) If water permits or rights are required for the proposed improvement, such permits or rights are to be applied for and issued in the name of the Department in accordance with applicable statutes governing the appropriation and use of water. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09 DSL 1-1999, f. & cert. ef. 3-2-99 LB 3-1995, f. & cert. ef. 10-13-95 LB 4-1994, f. & cert. ef. 8-2-94
141-110-0135 Livestock Trailing (1) Livestock trailing by any person other than the forage lessee operating within their leasehold requires a livestock trailing permit. (2) Any person applying for a livestock trailing permit must do so in writing on a form provided by the Department and include the application fee as provided in OAR 141-110-0045(3). (3) The application must be received (unless otherwise agreed to by the Department) at least 30 calendar days prior to the intended livestock trailing. (4) Upon receipt of a completed application the Department will determine whether or not to issue the livestock trailing permit. (5) The Department may issue, deny, or issue with conditions the livestock trailing permit only after a determination that the applicant has shown that the proposed livestock trailing will not: (a) Substantially interfere with the activities of the forage lessee or any other authorized uses of the area subject to the livestock trailing; (b) Substantially impact fish, wildlife, recreational, cultural or other resources; or (c) Pose a public safety hazard. (6) A livestock trailing permit will be issued for a specific time period and with specific terms, including compensation and conditions. The livestock trailing permit is not renewable. (7) Compensation due to the Department for a livestock trailing permit will be based on the total number of animals crossing the state land in a single “round trip” per year as provided in OAR 141-110-0080(4). Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09
141-110-0145 Livestock Trespass (1) Any unauthorized livestock found on state land will be considered in trespass. (2) The Department will identify and notify the owner of all livestock found in trespass. (3) The Department may pursue all appropriate legal remedies to assure that the Department is fairly compensated by the livestock owner for the impacts (including resource damages) of the trespassing livestock and that future trespass is deterred. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09
141-110-0150 Appeals An applicant for an authorization or any other person adversely affected by a decision of the Department concerning an authorization, closure or restriction to the use of state-owned lands may appeal the decision to the Director. (1) Such an appeal must be received by the Director no later than 30 calendar days after the date of delivery of the decision. (2) The Director will decide the appeal within 60 calendar days after the date of delivery of the appeal. (3) The Director may affirm the decision, issue a new or modified decision, or request the appellant to submit additional information to support the appeal. (4) If the appeal is regarding a decision made by the Land Board, the Director may recommend to the Land Board either that the authorization issuance or denial be affirmed based on the merits of the request, or that the Land Board authorize initiation of a contested case proceeding. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09 DSL 1-1999, f. & cert. ef. 3-2-99 LB 3-1995, f. & cert. ef. 10-13-95 LB 4-1994, f. & cert. ef. 8-2-94
141-120-0000 Application (1) This rule applies to decisions concerning wetland resource designations and analysis of alternatives made after the local government sponsoring the Wetland Conservation Plan (WCP) has: (a) Defined the WCP area; (b) Completed the required Local Wetlands Inventory (LWI) according to the criteria of OAR 141-086-0180 to 141-086-0240; (c) Completed the required wetland function and value assessments using an assessment methodology acceptable to the Division; and (d) Developed WCP Goals for the planning area that consider the legislative findings in ORS 196.668. (2) Consistent with ORS 527.722 of the Forest Practices Act, this rule does not apply to forest practices as defined in ORS 527.620 in areas regulated by the Forest Practices Act (ORS 527.610 to 527.770, 527.990(1) and 527.992). Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: DSL 2-2001, f. & cert. ef. 2-26-01 LB 6-1994, f. & cert. ef. 10-20-94
141-120-0010 Purpose (1) This rule: (a) Identifies the procedures for local governments and the Director to use when analyzing alternatives to adversely impacting wetland systems; (b) Provides criteria for local governments to use when designating wetlands or portions of wetlands within the WCP into Protection, Conservation or Development Categories; and (c) Defines the minimum information required of local governments to allow the Director to develop findings of fact to determine whether practicable alternatives to adversely impacting wetlands or portions of wetlands designated into the Development Category are available. This information includes the determination of whether: (A) A public need for the proposed use is, set forth in the acknowledged local comprehensive plan; (B) Adverse impacts to wetland systems are avoided to the extent practicable; and (C) The anticipated impacts of fill or removal on wetland systems are minimal. (2) This rule is not meant to establish the definitive analysis for every aspect of wetland conservation planning. In addition to meeting the requirements of this rule, each jurisdiction must also comply with all parts of ORS 196.668 to 196.692 and with its own and other relevant ordinances and state and federal laws, including Section 404 of the Clean Water Act. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0020 Applicable Policies The Division shall adhere to the following policies when providing technical assistance to local governments developing a WCP and when reviewing a WCP proposed for the Director’s approval: (1) Wetland systems are important ecological components of the landscape and provide numerous functions and values; (2) The Division shall ensure that full replacement of wetland functions and values, lost under the authority of OAR 141-120-0000 to 141-120-0230, occurs and that a stable resource base is maintained; (3) Local governments have the authority to establish and, as necessary, adjust the Urban Growth Boundary (UGB) and the Division shall accept decisions, acknowledged by the Land Conservation and Development Commission or by operation of law, that relate to setting or adjusting the UGB or the boundaries of an Urban Service Area or Exception Area; (4) The state shall promote the protection, conservation and best use of wetland resources and their functions and values through the integration and close coordination of state-wide planning goals, local comprehensive plans and state and federal regulatory programs (ORS 196.672(1)); (5) Because WCPs are meant to resolve conflicts between the protection and conservation of wetlands and the use of wetlands for development, the WCP area shall include undeveloped land with development conflicts involving wetlands; (6) The Division shall not approve a WCP that merely attempts to obtain state authorization for individual development projects including those that cover large areas, are multi-phased or are controlled by a single ownership or management entity; (7) Wetlands designated in the Protection Category and those used for compensatory mitigation under a WCP shall be protected in perpetuity. A protection designation may only change as a result of a plan amendment (ORS 196.684), if, after opportunity for public comment, the Director finds that a substantial change in circumstance has occurred; and (8) For the purpose of this rule, the determination of whether a wetland provides a function or value, has potential to provide a function or value, does not provide a function or has enhancement potential will be made according to the Oregon Freshwater Wetland Assessment Methodology unless the local jurisdiction has obtained written approval from the Division to use a different assessment methodology. If a different assessment methodology is approved then equivalent terminology will be set out in the Division’s letter of approval. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0040 Wetland Resource Designations (1) ORS 196.678(2)(d) and 196.681(3)(c) require that wetlands or portions of wetlands within a WCP area be placed into a protection, conservation or development category. (2) The wetland resource designation(s) must take into consideration the capability of the wetland system to withstand alterations while maintaining important wetland functions. (3) Local governments shall identify wetlands that meet the criteria for the Protection Category (OAR 141-120-0070) and designate these wetland resources into the Protection Category prior to designating wetland resources into the Conservation or Development Categories. (4) Wetlands designated into the Protection Category shall not be redesignated into the Development or Conservation Categories except as allowed under OAR 141-120-0020(7). Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0050 The Purpose of the Protection Category The purpose of placing wetlands or portions of wetlands into the Protection Category is to protect important wetland resources in perpetuity except as specified in OAR 141-120-0020(7), and preserve them for the functions and values they provide for the people of Oregon. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0060 Management Directive for the Protection Category Local governments shall ensure that areas in the Protection Category are managed to: (1) Allow each site’s natural ecological processes to occur; or (2) Maintain or enhance the existing wetland type, functions or values. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0070 Designation Criteria for the Protection Category (1) Local governments at a minimum shall place into the Protection Category wetlands or portions of wetlands that: (a) Contain uncommon wetland plant communities including those listed in the Oregon Natural Heritage Program’s Classification and Catalog of Native Wetland Plant Communities in Oregon as G3 or S3 or lower; (b) Are legally protected; (c) Are inhabited by or support any species listed by the federal or state government as a sensitive, threatened or endangered species in Oregon unless consultation with the appropriate state or federal agency indicates that the wetland is not important for the species; or (d) Are listed as “Wetlands of Special Interest for Protection” in the Oregon Freshwater Wetland Assessment Methodology; or (e) Are located in designated floodways; or (f) Are identified as habitat for spawning or rearing anadromous salmonid fish by the Oregon Department of Fish and Wildlife or the National Marine Fisheries Service. (2) In addition to areas protected under OAR 141-120-0070(1), local governments should place into the protection category wetlands or portions of wetlands that meet protection criteria established as part of the WCP to achieve WCP Goals. (3) For the purposes of this section, the term “floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100 year flood without cumulatively increasing the water surface elevation more than a designated height. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0080 Uses Allowed in the Protection Category (1) A local government may prohibit all human use in areas placed in the Protection Category. (2) A local government may allow only the following uses in areas placed in the Protection Category without additional review: (a) Passive recreation activities that require no structures, such as bird watching, canoeing or nature walks; (b) Restoration of native plant species by manual means; (c) Sensitive, threatened and endangered species recovery programs that do not involve physical or hydrological alteration of the area; and (d) Educational uses or research that does not involve physical or hydrological alterations that will adversely affect wetland functions. (3) A local government may allow the uses listed below if they meet the management directives of OAR 141-120-0060 after reviewing the use against and determining that the proposed use meets criteria and standards set out in the WCP implementing ordinances: (a) Walkways, trails, viewing structures and signs; (b) Maintenance of existing structures and trails; (c) Physical or hydrological alterations for educational purposes or research; (d) Management activities to protect, maintain or enhance existing wetland types or functions or values; (e) Sensitive, threatened and endangered species recovery programs that require physical or hydrological alterations; (f) Limited harvest of plants or non-game animals that is consistent with state, local and federal law; (g) Restoration and other enforcement actions needed to repair damage caused by unauthorized activities; (h) Fishing or hunting consistent with state, local and federal law; and (i) Construction of committed infrastructure. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0090 The Purpose of the Conservation Category The purpose of placing wetlands or portions of wetlands into the Conservation Category is: (1) To conserve, restore or enhance the functions and values of the wetland resources for the long-term benefits provided; and (2) To authorize those uses allowed under OAR 141-120-0130. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0100 Management Directive for the Conservation Category Local governments shall ensure that areas in the Conservation Category are managed to conserve or enhance the functions and values of the wetland resource except as impacted by uses allowed under OAR 141-120-0130. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0110 Compensatory Mitigation Requirement for the Conservation Category Compensatory mitigation is required for all uses allowed in the Conservation Category that cause permanent loss of wetland functions, values or wetland area. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0120 Designation Criteria for the Conservation Category Local governments may place wetlands or portions of wetlands into the Conservation Category that do not meet the designation criteria for the Protection Category. The Conservation Category should include wetlands that: (1) Are located within a designated 100 year flood plain; (2) Provide a function or value listed as a WCP goal; (3) Provide enhancement potential as defined in the Oregon Freshwater Assessment Methodology or an assessment methodology acceptable to the Division; (4) Are suitable for the uses set out in OAR 141-120-0130; or (5) Maintain continuity of a: (a) Wildlife corridor; (b) Stream corridor; or (c) Greenway or recreational corridor. (6) For the purposes of this section, the term “100 year flood plain” means the area susceptible to being inundated by water during a flood having a one percent chance of occurring in a given year. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0130 Uses Allowed in the Conservation Category (1) A local government may allow the following uses in areas placed in the Conservation Category without additional review: (a) All uses allowed under OAR 141-120-0080(2); (b) Actions to control vegetation required by the local Fire Marshall or ordinances to prevent fire hazards; and (c) Ongoing normal farming and ranching activities conducted in accordance with federal, state and local laws. (2) A local government may allow other uses that meet the management directives in OAR 141-120-0100 after reviewing the use against and determining that the proposed use meets criteria and standards set out in the WCP implementing ordinance, including: (a) Planned infrastructure as authorized in OAR 141-120-0180, and (b) Construction of committed infrastructure. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0140 The Purpose of the Development Category The purpose of placing wetlands or portions of wetlands into the Development Category is to help balance the public’s need for development with the need to protect and conserve important wetland resources. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94
141-120-0150 Management Directive for the Development Category (1) To offset the adverse impacts of allowing wetlands to be used for development, the associated mitigation plan for the WCP shall ensure full replacement of wetland functions and values and shall maintain a stable resource base. (2) Until development projects are reviewed and authorized in accordance with the WCP or the Director’s order approving the WCP, local governments shall ensure that areas in the Development Category are managed according to OAR 141-120-0100. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.678 - 196.692, 215 & 227.350 History: LB 6-1994, f. & cert. ef. 10-20-94