justicedao/ipfs_state_laws huggingface dataset:
141-092-0021 Policy (1) The Division of State Lands will contract for consultant services when the specialized skills, knowledge, and resources are not available within the Division; when the work cannot be done in a reasonable time with the Division’s own work force; when an independent and impartial evaluation of a situation is required by a consultant with recognized professional expertise and stature in a field; or when it will be less expensive to contract for the work. Contracts will be let only after approval by the Director, Deputy Director, or Assistant Director for Finance and Administration. (2) Agreements for services of a consultant who is a member of the Public Employes’ Retirement System and who is employed in another department will normally be in the form of an interagency agreement. Exceptions may be granted by the Director, Deputy Director, or Assistant Director when it is shown that such an agreement is impractical and that the work will be done strictly on the consultant’s own time. Such exceptions will be processed as a regular personal services contract. (3) This procedure will be used in all cases except when the Director, Deputy Director, or Assistant Director determines that an emergency will be subject to later confirmation. Statutory/Other Authority: ORS 273 & 279 Statutes/Other Implemented: ORS 273 & 279 History: LB 6-1985, f. & ef. 7-24-85 LB 13-1982, f. & ef. 12-20-82
141-092-0025 Definitions (1) “Agency” means the Division of State Lands. (2) “Assistant Director” means any of the Assistant Directors for programs within the Division of State Lands. (3) “Consultant” or “Contractor” means an individual or firm that has been found qualified to do specified types of work for the Division of State Lands and with whom the Division may contract. (4) “Deputy Director” means the Deputy Director of the Division of State Lands. (5) “Director” means the Director of the Division of State Lands. (6) “Program Manager” means the Manager for the South Slough National Estuarine Sanctuary or the Manager for the Natural Heritage Advisory Council. Statutory/Other Authority: ORS 273 & 279 Statutes/Other Implemented: ORS 273 & 279 History: LB 6-1985, f. & ef. 7-24-85 LB 13-1982, f. & ef. 12-20-82
141-092-0030 General (1) A contract file will be maintained by the Finance and Administration Section. The file will contain a complete record of the actions involved in developing and administering the contract including the following: (a) Statement of agency jurisdiction for the contract; (b) A copy of the request for proposal; (c) List of prospective contractors who were requested to submit proposals; (d) Method used to advertise/notify other possible prospective contractors; (e) A copy of each proposal; (f) Method of evaluating proposals; (g) Record of negotiations and results; (h) Basis for awarding contract; (i) Resulting contract, if awarded. (2) All contracts of $2,500 per agreement or less should include: (a) The names of firms or individuals and cost estimates/quotations considered; (b) The basis for selection of the contractor; (c) How reasonableness of price was determined. Statutory/Other Authority: ORS 273 & 279 Statutes/Other Implemented: ORS 273 & 279 History: LB 13-1982, f. & ef. 12-20-82
141-092-0035 Procedure and Responsibility (1) Director, Deputy Director, or Assistant Director or Program Manager determines the agency requires the services of a consultant: (a) Prepares agency justification for contract; (b) Prepares a cost estimate for contract; (c) Determines type of selection and screening process to be used in selecting a contractor; (d) Completes screening and selection procedure and selects a contractor. (2) Assistant Director for Finance and Administration completes the following: (a) Forwards draft of proposed contracts that total $25,000 or more to Attorney General for review of legal sufficiency unless contract form has previously been approved by Attorney General; (b) Receives Attorney General’s approval of contract’s legal sufficiency; (c) Obtains contractor’s signature on contract; (d) Signs contract, or obtains signature of the Director; (e) If contract is under $1,000, reviews and sends one copy to Executive Department Budget and Management Division for filing; retains copy for accounting purposes; copy for contract file; forwards one copy to contractor; (f) If contract is for over $1,000, reviews and sends four copies to Department of Administrative Services for approvals; (g) Receives approved contract, three copies from Executive Department, forwards one copy to accounting for payment purposes; forwards one copy of contract to contractor; and retains one copy of contract with original signatures for agency contract file. Statutory/Other Authority: ORS 273 & 279 Statutes/Other Implemented: ORS 273 & 279 History: LB 6-1985, f. & ef. 7-24-85 LB 13-1982, f. & ef. 12-20-82
141-093-0100 General (1) Special Headings and Fonts. Where headings, special fonts or double-spacing are used, they are for the convenience of the user only and have no substantive effect. (2) Applicability of OAR 141-085. Unless otherwise specified under 141-093, the provisions of 141-085 apply to General Permits (GPs). Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0103 Agency Process and Standards for Establishing General Permits (1) General Permits Established by Rulemaking. GPs are issued by rule on a statewide basis or a geographic basis. (2) General Permits Established by Order. GPs are issued by order for an applicant or group of applicants to cover activities that are substantially similar in nature or ongoing, and have predictable effects. (3) Periodic Review. The GPs will be periodically reviewed for compliance with the review standards set forth in ORS 196.600 through 196.905 and the Department must find that each GP will not result in long-term harm to water resources of this state. (4) Amend or Rescind. The Department will amend or rescind any GP upon a determination that the activities conducted under the GP have resulted in or would result in unacceptable individual or cumulative environmental effects or long-term harm to the water resources of this state. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0104 Project Applicability (1) Applicability. This rule sets forth conditions under which a person may, without an individual removal-fill permit from the Department, place or remove material within waters of this state, excluding State Scenic Waterways, as defined in OAR 141-085 for the purposes set forth in a GP. (2) Department Determination of Eligibility. To be eligible for a GP, a project must comply with the general conditions described in OAR 141-093-0135 as well as the individual GP’s purpose, eligibility, authorized activities and activity-specific conditions. In the event a dispute arises as to the applicability of a GP to any project application, the Department will make the final determination. (3) Thresholds and Best Management Practices (BMPs). BMPs necessary to comply with the general conditions are not included in the thresholds under each GP. (4) Individual Permit May Be Required. The Department may require an individual removal-fill permit for a project that would otherwise be authorized by a GP if: (a) The activity conducted under the permit may have unpredictable effects or outcomes which may result in unacceptable individual or cumulative environmental effects to waters of this state; or (b) The activity might result in long-term harm to the water resources of this state; or (c) If the Oregon Department of Fish and Wildlife, the Oregon Department of Environmental Quality or the affected local land use planning department request that the Department do so. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0105 Application Requirements and Completeness Review for Authorizing Projects under a General Permit (1) Authorization Required. Unless otherwise specified, a separate application must be submitted to the Department before starting any project covered by a GP. (2) Required Information. A complete, signed application must be submitted on forms provided by the Department. The application must contain all applicable information set forth in OAR 141-085-0550. An approved, unexpired wetland delineation is required when wetlands are proposed for impact, unless otherwise approved by the Department. (3) Applicant Signature Required. The applicant signature is required. As used in this section, “applicant” means a person who has the authority and responsibility to fully execute the terms and conditions of an authorization issued under these rules. The applicant becomes the authorization holder. The OAR 141-085-0510(1) definition of “applicant” does not govern use of the term in this Division. (4) Fee. Any person proposing to conduct an activity under a GP must pay all applicable fees in accordance with OAR 141-085-0545, unless otherwise specified in a specific GP. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 4-2025, amend filed 08/20/2025, effective 01/01/2026 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0107 Completeness and Eligibility Review for Authorizing Projects under a GP (1) Initial Review. The Department will review the application within 15 calendar days (unless otherwise stated in the administrative rules for a specific GP), of agency receipt of the application to determine whether the application is complete and the project is eligible for the GP. (a) Complete and Eligible Application. A complete application is one that contains all the information required in the Department’s application. An eligible project is one that meets the eligibility requirements, activity-specific application requirements and authorized activities listed under the GP. (b) Incomplete Application Notification. If the Department determines that the application is incomplete or deficient, the Department will notify the applicant in writing and list the missing or deficient information. The applicant may resubmit the entire amended package for reconsideration within 120 calendar days from date of the Department’s notice, unless instructed by the Department to do otherwise. Submission of a new or amended application package starts a new initial review period. (c) Ineligible Projects. If the review of the application results in a determination that the project is ineligible for a GP, the applicant will be notified and informed of the reason for ineligibility. The applicant may then either revise the project and resubmit the application for reconsideration or apply for an Individual Permit under OAR 141-085 within 120 calendar days from date of agency determination. (2) Timeframe for Resubmittal. If a revised application is not resubmitted within 120 calendar days of an incompleteness or ineligibility determination, the Department may administratively close the application. If the Department closes the file under this circumstance, the Department will retain the application fee. A subsequent application for the same or similar project will require payment of an application fee. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 1-2012, f. 3-14-12, cert. ef. 4-1-12 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0110 Public Review Process for Authorizing Projects under a GP (1) Circulation of the Application for Public Review. Once the application has been deemed complete, the Department will provide notification of the availability of the application for review either by U.S. mail or electronically (e.g., facsimile, e-mail, posting on the internet) to adjacent property owners, watershed councils, public interest groups, affected local government land use planning departments, state agencies, federal agencies and tribal governments in the geographic area affected by the permit. (2) Copies of the Application by Request. The Department will furnish to any member of the public, upon written request and at the expense of the member of the public, a printed copy of any application. (3) Deadline for Receipt of Public Comments. All recommendations and comments regarding the application must be submitted in writing to the Department within the period established by the Department, but not more than 15 calendar days from the date of the notice. If a commenter fails to comment on the application within the comment period, the Department will assume the commenter has no objection to the project. (4) Department Review of Public Comments. The Department will review and consider substantive comments received during the public review period. The Department may request the applicant to provide additional information to address comments. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0120 Expiration Authorizations under a General Permit may be kept active for up to five years or as allowed under a specific GP provided the applicable annual renewal fees per OAR 141-085-0545 are received by the Department before the anniversary date of the authorization. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 4-2025, amend filed 08/20/2025, effective 01/01/2026 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0125 Enforcement Failure to adhere to the terms of any authorization issued under this division is a violation of the Removal-Fill Law and may be subject to appropriate enforcement in accordance with OAR 141-085. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0130 Appeal Process for Authorizations Issued under General Permits The provisions of OAR 141-085-0575 and 141-085-0580 are incorporated here by reference. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0140 Transportation-Related Structures - Purpose This General Permit (GP) authorizes removal-fill for certain activities related to existing transportation structures. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 37-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0145 Transportation-Related Structures - GP-Specific Application Requirements for Authorizing Projects (1) Compensatory Mitigation. Unless otherwise approved by the Department, compensatory mitigation options are: (a) Mitigation bank credit purchase from a Department-approved mitigation bank with a service area that includes the proposed removal-fill site and that meets the eligibility requirements for CM outlined in ORS 141-085-0690; (b) In-lieu fee credit purchase that meets the eligibility requirements for CM outlined in ORS 141-085-0690; and (c) Cash payment to the Department’s payment in-lieu program. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2019, amend filed 03/28/2019, effective 04/01/2019 DSL 43-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 39-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0150 Transportation-Related Structures - Authorized Activities (1) Existing Structures. Widening, replacing, expanding use, maintaining and removing existing: (a) Roads; (b) Bridges; (c) Pedestrian paths; (d) Culverts; (e) Boat ramps; and (f) Airport runways and taxiways. (2) Integrally-Related Activities. Activities integrally related with existing roadway structures, such as geo-technical borings, signs, guardrails and maintenance of stormwater facilities. (3) Increase in Scour Protection. Providing larger footprint for new scour protection and bank stabilization associated with projects listed above. (4) Restoring Fluvial Processes. Restoration or enhancement of natural stream health, including fluvial processes, associated with projects listed above. (5) Fish and Wildlife Habitat Enhancement. Providing fish or wildlife passage or habitat in conjunction with transportation-related structures. (6) Grade Control. Installing grade control where necessary to prevent channel headcut migration for the projects listed above. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 40-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0151 Transportation-Related Structures - GP-Specific Conditions (1) General Conditions Apply. All the requirements, procedures and conditions set forth in OAR 141-093-0135 apply to this GP. (2) Work Area Isolation. The work area must be isolated from the water during construction. All structures and materials used to isolate the work area must be removed immediately following construction and water flow returned to pre-construction conditions. All fish must be salvaged from the isolated area in accordance with Oregon Department of Fish and Wildlife requirements. (3) Proof of Mitigation Purchase. Before an authorization is approved, the Department must have proof of purchase of wetland mitigation bank credit, in-lieu fee credit purchase, or cash payment of the correct in-lieu amount. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 41-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0155 Minor Removal-Fill Impacts - Purpose Non-Tidal Wetland Impacts. This General Permit (GP) authorizes removal-fill activity in certain non-tidal wetlands subject to the terms and conditions contained herein. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 44-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0160 Minor Removal-Fill Impacts - Eligibility Requirements (1) Threshold. The removal-fill activity in certain non-tidal wetlands must not exceed two-tenths (0.20) of an acre for the entire project. (2) No Impact to Tidal Wetlands. The project must not involve impacts to tidal wetlands. (3) No Impacts to Waterways. The project must not involve impacts to any non-wetland waters. (4) No Impacts to ESH or State Scenic Waterways. The project must not involve impact to Essential Indigenous Anadromous Salmonid Habitat or State Scenic Waterway-designated areas. (5) No Impacts to Aquatic Resources of Special Concern. The project must not involve impacts to Aquatic Resources of Special Concern. Aquatic Resources of Special Concern include alkali wetlands and lakes, bogs, cold water habitat, fens, hot springs, interdunal wetlands, kelp beds, mature forested wetlands, native eelgrass beds, off-channel habitats (alcoves and side channels), ultramafic soil wetlands, vernal pools, wet prairies, wooded tidal wetlands, and others, as determined by the Department. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2019, amend filed 03/28/2019, effective 04/01/2019 DSL 45-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0165 Minor Removal-Fill Impacts - Compensatory Wetland Mitigation Unless otherwise approved by the Department, compensatory mitigation options are: (1) Bank credit purchase that meets the eligibility requirements for CM outlined in ORS 141-085-0690; (2) In-lieu fee credit purchase that meets the eligibility requirements for CM outlined in ORS 141-085-0690; and (3) Payment to the Department’s payment in-lieu program Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2019, amend filed 03/28/2019, effective 04/01/2019 DSL 46-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0170 Minor Removal-Fill Impacts - Authorized Activities This GP authorizes a person to conduct removal-fill activity in certain non-tidal wetlands in an amount equal to or less than two-tenths (0.20) of an acre per project. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 47-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0175 Minor Removal-Fill Impacts - GP-Specific Conditions (1) General Conditions Apply. All the requirements, procedures and conditions set forth in OAR 141-093-0135 apply to this GP. (2) Proof of Mitigation Purchase. Before an authorization is approved, the Department must have proof of purchase of wetland mitigation bank credit, in-lieu fee credit purchase, or payment of the correct in-lieu amount. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 48-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 3-2011, f. & cert. ef. 3-1-11
141-093-0180 Jackson County Vernal Pools - Purpose The purpose of this General Permit (GP) is to provide an expedited authorization for certain projects that involve removal-fill activities in vernal pool wetlands in Jackson County, Oregon. This GP includes a mitigation framework to address the Department’s interest in conserving and maintaining the rare species function of vernal pool wetlands. It is also in alignment with the regulatory tools established by the U.S. Fish and Wildlife Service (USFWS) and the U.S. Army Corps of Engineers in administering the federal Endangered Species Act (ESA) and Clean Water Act, respectively. This GP authorizes removal-fill in vernal pool wetlands and other specific waters, as well as removal-fill activities necessary to conduct mitigation. Statutory/Other Authority: ORS 196.600 – 196.692 & 196.795 – 196.990 Statutes/Other Implemented: ORS 196.600 – 196.692 & 196.795 – 196.990 History: DSL 49-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 1-2012, f. 3-14-12, cert. ef. 4-1-12
141-093-0185 Jackson County Vernal Pools - Expiration This GP will expire on January 1, 2026 or when a combined total of 60 acres of vernal pool wetlands (up to 300 acres of vernal pool habitat complex) or other associated waters have been impacted, whichever occurs first. Upon expiration, the GP may be reviewed and modified or reissued. Statutory/Other Authority: ORS 196.600 – 196.692 & 196.795 – 196.990 Statutes/Other Implemented: ORS 196.600 – 196.692 & 196.795 – 196.990 History: DSL 11-2020, amend filed 11/04/2020, effective 12/01/2020 DSL 50-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 1-2016, f. & cert. ef. 2-8-16 DSL 1-2012, f. 3-14-12, cert. ef. 4-1-12