justicedao/ipfs_state_laws huggingface dataset:
603-095-0620 Geographic and Programmatic Scope (1) The Lower Deschutes Agricultural Water Quality Management Area includes the drainage area of the Deschutes River downstream from its confluence with Trout Creek to its confluence with the Columbia River near the city of The Dalles. It also includes all Oregon lands draining to the Columbia River between the Hood River drainage and the John Day Basin. The physical boundaries of the Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Lower Deschutes Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies and lands that make up the Reservation of the Confederated Tribes of the Warm Springs. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Lower Deschutes Agricultural Water Quality Management Area. (5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 16-2000, f. & cert. ef. 6-12-00
603-095-0660 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-0660(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The waters of the state allegedly being damaged or impacted; and (b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder. (5) As used in section OAR 603-095-0660(4), "person" does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-0660, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 568.915 & 568.918 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 4-2003, f. & cert. ef. 1-7-03 DOA 16-2000, f. & cert. ef. 6-12-00
603-095-0700 Purpose – Umpqua Basin (1) These rules have been developed to implement a water quality management area plan for the Umpqua Basin Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and 561.190–561.191, due to a determination by the Environmental Quality Commission to establish Total Maximum Daily Loads and allocate a load to agricultural nonpoint sources. The area plan is known as the Umpqua Basin Agricultural Water Quality Management Area Plan. After adoption of the TMDLs, these rules will be reviewed and modified as needed to provide reasonable assurance that the load allocations for agriculture will be met. Nothing in the Umpqua Basin Agricultural Water Quality Management Area Plan or rules adopted by the department will allow the department to implement this plan or rules in a manner that is in violation of the U.S. Constitution, the Oregon Constitution or other applicable state laws. (2) It is intended that the Umpqua Basin Agricultural Water Quality Management Area Plan will aid in achieving compliance with these rules through education and promotion of voluntary land management measures. (3) Failure to comply with any provisions of the Umpqua Basin Agricultural Water Quality Management Area Plan: (a) Does not constitute a violation of OAR 603-090-0000 to 603-090-0120, or of 603-095-0010 to 603-095-0760; (b) Is not intended by the Department to be evidence of a violation of any federal, state, or local law by any person. (4) Nothing in the Umpqua Basin Agricultural Water Quality Management Area Plan shall be used to interpret any requirement of OAR 603-095-0010 to 603-095-0760. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 25-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 4-2001, f. & cert. ef. 1-10-01
603-095-0720 Geographic and Programmatic Scope (1) The Umpqua Basin includes the drainage area for the South Umpqua, the North Umpqua, the mainstem Umpqua and the Smith River. The physical boundaries of the Umpqua basin are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Umpqua Basin in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of public lands managed by federal agencies (BLM, USFS and USFWS), and activities which are subject to the Forest Practices Act. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Umpqua Basin. (5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. Statutory/Other Authority: ORS 561.190 - 561.191, 568.909 & 568.927 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 4-2001, f. & cert. ef. 1-10-01
603-095-0740 Required Prevention and Control Measures (1) All landowners or operators conducting activities on lands in agricultural use shall be in compliance with the following criteria. A landowner is responsible for only those conditions caused by agricultural activities conducted by the landowner. A landowner is not responsible for unacceptable conditions resulting from the actions of another landowner or occupier. Conditions resulting from unusual weather events or other exceptional circumstances are not the responsibility of the landowner. (2) Agricultural management or soil-disturbing activities that preclude establishment and development of adequate riparian vegetation for streambank stability and shading, consistent with site capability, along a perennial stream is considered an unacceptable condition. Minimal breaks in shade vegetation for essential management activities are considered appropriate. (3) Effective upon adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050. Statutory/Other Authority: ORS 561.190 - 561.191, 568.909 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 26-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 21-2025, amend filed 09/23/2025, effective 09/23/2025 DOA 4-2001, f. & cert. ef. 1-10-01
603-095-0760 Complaints and Investigations (1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-0760(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The waters of the state allegedly being damaged or impacted; and (b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder. (5) As used in section OAR 603-095-0760(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-0760, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 568.915, 568.918 & 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 4-2001, f. & cert. ef. 1-10-01
603-095-0800 Purpose – North Coast Basin (1) These rules have been developed to effectuate a water quality management area plan for the North Coast Basin pursuant to authorities vested in the department through ORS 561.190–561.191 and 568.900–568.933. Development of this plan is due to a determination by the Environmental Quality Commission to establish Total Maximum Daily Loads (TMDL) and allocate loads to agricultural water pollution sources. This plan also contributes to the state’s program to restore and protect coastal waters in response to the federal Coastal Zone Management Act. The area plan is known as the North Coast Basin Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the North Coast Basin Agricultural Water Quality Management Area for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with these rules is expected to aid in the achievement of applicable water quality standards in the North Coast Basin. (a) Failure to comply with any provisions of the North Coast Basin Agricultural Water Quality Management Area Plan: (A) does not constitute a violation of OAR 603-090-0000 to 603-090-0120, or of 603-095-0010 to 635-095-0860; (B) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person. (b) Nothing in the North Coast Basin Agricultural Water Quality Management Area Plan shall be: (A) Construed as an effluent limitation or standard under the federal Water Pollution Control Act 33, USC § 1251–1376; (B) Used to interpret any requirement of OAR 603-095-0800 through 603-095-0860. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 27-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 21-2000, f. & cert. ef. 7-12-00
603-095-0820 Geographic and Programmatic Scope (1) The physical boundaries of North Coast Basin subject to these rules are indicated on the map included as Appendix A of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the North Coast Basin in agricultural use, agricultural and rural lands which are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies and activities which are subject to the Oregon Forest Practices Act. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the North Coast Basin. (5) For lands in agricultural use within other Designated Management Agencies or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 21-2000, f. & cert. ef. 7-12-00
603-095-0900 Purpose – Malheur River Basin (1) These rules have been developed to implement a water quality management area plan for the Malheur River Basin Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and 561.190–561.191. The area plan is known as the Malheur River Basin Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Malheur River Basin Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Malheur River Basin Water Quality Management Area. (3) Failure to comply with any provisions of the Malheur River Basin Agricultural Water Quality Management Area Plan: (a) Does not constitute a violation of OAR 603-090-0000 to 603-090-0120, or of 603-095-0010 to 603-095-0960; (b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person. (4) Nothing in the Malheur River Basin Agricultural Water Quality Management Area Plan shall be: (a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC § 1251–1376; (b) Used to interpret any requirement of OAR 603-095-0900 to 603-095-0960. Statutory/Other Authority: ORS 561.190 & 561.191 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 29-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 6-2001, f. & cert. ef. 3-26-01
603-095-0920 Geographic and Programmatic Scope (1) The Malheur River Basin Agricultural Water Quality Management Area includes the drainage area of the Malheur River and all its tributaries from the headwaters to the mouth, and the Moores Hollow and Jacobsen Gulch subbasins. The physical boundaries of the Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Malheur River Basin Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Malheur River Basin Agricultural Water Quality Management Area. (5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 561.191 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 6-2001, f. & cert. ef. 3-26-01
603-095-0940 Required Prevention and Control Measures (1) All landowners or operators conducting activities on lands in agricultural use shall comply with the following criteria. A landowner shall be responsible for only those conditions caused by agricultural activities conducted on land controlled by the landowner. A landowner is not responsible for prohibited conditions resulting from actions by another landowner. Conditions resulting from unusual weather events (equalling or exceeding a 25-year storm event) or other exceptional circumstances are not the responsibility of the landowner. Limited duration activities may be exempted from these conditions subject to prior approval by the department. The intent of these rules, in accordance with the Clean Water Act, is to protect clean water while also maintaining the economic viability of individual farming enterprises. (2) Placement, Delivery, or Sloughing of Wastes: Effective upon adoption: No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (3) Irrigation Surface Water Return Flow: (a) After January 1, 2006, irrigation surface water return flow to waters of the state shall not cause an excessive, systematic, or persistent increase in sediment levels already present in the receiving waters, except where the return flows do not cause the receiving waters to exceed established sediment standards. (b) A landowner conducting irrigation activities in accordance with a plan approved in writing by the department or its designee shall be deemed to be in compliance with this rule. (4) Active Streambank Erosion: By January 1, 2006, no person may cause active streambank erosion beyond the level that would be anticipated from natural disturbances given existing hydrologic characteristics. (5) Riparian Vegetation: By January 1, 2006, no conditions are allowed that prevent the establishment and development of adequate riparian vegetation consistent with vegetative site capability to control water pollution by providing control of erosion, filtering of sediments, moderation of solar heating and infiltration of water into the soil profile. (6) Range and Pasture Management: (a) By January 1, 2006, vegetative condition on rangelands and pasturelands shall be managed such that the functionality of the watershed is not impaired. Watershed function includes the ability of vegetation to filter sediment, utilize nutrients, control soil erosion, optimize infiltration of water to the soil profile, and minimize the rate and maximize the duration of runoff from precipitation. (b) A landowner conducting range and pasture management activities in accordance with a plan approved in writing by the department or its designee shall be deemed to be in compliance with this rule. Statutory/Other Authority: ORS 561.190 & 561.191 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 30-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 6-2001, f. & cert. ef. 3-26-01
603-095-0960 Complaints and Investigations (1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate investigation activities with the appropriate Local Management Agency. (2) Each notice of an apparent occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-0960(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The waters of the state allegedly being damaged or impacted; and (b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder. (5) As used in section OAR 603-095-0960(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-0960, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 561.190 & 561.191 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 6-2001, f. & cert. ef. 3-26-01