justicedao/ipfs_state_laws huggingface dataset:
629-680-0300 Purpose ORS 527.710(3)(a)(D) requires the Board to identify and protect significant wetlands. The purpose of these rules is to identify significant wetlands types on forestlands. Significant wetlands require site-specific protection and written plans. Protection rules for significant wetlands are in OAR 629-645-0000 through 629-645-0050. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0300 FB 8-1991, f. & cert. ef. 10-30-91
629-680-0310 Significant Wetland Types The following wetland types are determined by the Board to be significant: (1) Wetlands that are larger than eight acres; (2) Estuaries; (3) Bogs; and (4) Important springs in eastern Oregon. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0310 FB 8-1991, f. & cert. ef. 10-30-91
629-680-0400 Definition Biological sites are resource sites which contain examples of ecologically and scientifically significant living natural resources. Biological sites include important native plant associations or animal communities, or both. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0400 FB 6-1992, f. & cert. ef. 5-8-92
629-680-0410 Protection Goal for Biological Sites The protection goal for biological sites is to assure that forest practices maintain the biological (plant and animal) diversity and the essential habitat at the resource site over time. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0410 FB 6-1992, f. & cert. ef. 5-8-92
629-680-0420 Process to Inventory a Biological Site (1) A technical site report is used to propose a biological site for listing on the inventory. The report is written by an individual, a landowner, an agency, or an organization. The report shall: (a) Identify the key components of the biological site, such as physical features, vegetation, and wildlife; (b) Identify how or why the biological site meets the criteria in OAR 629-680-0430; and (c) Include written evidence of the landowner’s permission for any on-site evaluations that may have been conducted. (2) The State Forester shall review the technical site report and other available information. The review may include an evaluation by technical experts appointed by the State Forester. The review shall: (a) Consider the ecological and scientific significance of the site as presented in the technical site report; (b) Identify forest practices that conflict with the maintenance of the key components; (c) Evaluate the consequences of the identified conflicts; and (d) Propose protection or management requirements for the biological site. (3) The State Forester shall submit a report of the review to the Board. (4) Using the State Forester’s report, the technical site report and other available information for the biological site, the Board shall confirm whether the biological site meets the criteria in OAR 629-680-0430. If the Board determines that the biological site is ecologically and scientifically significant, the Board shall: (a) Identify the forest practices that conflict with the key components; (b) Evaluate the consequences of those conflicts; and (c) Adopt protection or management requirements necessary to meet the protection goal. (5) The State Forester shall maintain a resource site inventory of biological sites adopted by the Board. (6) If a biological site on the resource site inventory is no longer ecologically and scientifically significant, a site report recommending removal of the resource site from the inventory may be submitted, by any party, to the State Forester. (a) The State Forester shall review the report as described in section 2 of this rule and submit a recommendation to the Board. (b) Using the State Forester’s recommendation, and any other information, the Board shall determine if the biological site should be removed from the inventory. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0420 FB 6-1992, f. & cert. ef. 5-8-92
629-680-0430 Biological Sites Criteria (1) A biological site must include naturally occurring native communities of plants or populations of wildlife that are rare or uncommon. A biological site must contain one or more of the following: (a) An outstanding example of a rare or unique biological resource; or (b) Unique assemblage of species; or (c) On state lands, the existence of threatened or endangered plant species. (2) As referenced in ORS 564.135, the existence of threatened or endangered plant species alone on private forestland does not qualify a candidate biological site for listing and protection, unless other elements exist that meet the required biological site criteria. (3) In determining the degree of significance, the following shall be considered: (a) The magnitude of the threat to the biological site and the consequences of its loss. (b) The number of similar areas inside or outside of Oregon. (c) The diversity of the biological site. For example, a site with large numbers of species or natural communities may be more significant. (4) The biological site should have special applications for scientific research. For example, the biological site can be used for medical study, biochemical research, or for successional studies. These opportunities are rare or very limited at other resource sites. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0430 FB 6-1992, f. & cert. ef. 5-8-92
632-001-0000 Notice of Rule Making In addition to other hearing and notice of rule making requirements, the department will furnish notice of its intended agency action, depending on the sphere of interest, to interested parties named on a list maintained, with periodic revision, by the State Geologist. Statutory/Other Authority: ORS 183 & 520 Statutes/Other Implemented: ORS 516.090 History: GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1982, f. & ef. 6-25-82 GMI 9, f. & ef. 12-13-76
632-001-0005 Model Rules of Procedure (1) Pursuant to the provisions of ORS 183.341, the Board adopts the Attorney General's Model Rules of Procedure under the Administrative Procedures Act effective January 31, 2012. (2) Persons wishing to appeal department actions are to be guided by OAR 632-010, 632-015, 632-020, 632-030, 632-033, 632-035, or 632-037, depending on the action being appealed. The public should first approach department staff, the State Geologist, and finally the Board in seeking resolution of issues which do not fall under the above-cited rules. Statutory/Other Authority: ORS 183.341, 197.180 & 517.740 Statutes/Other Implemented: ORS 516.090 History: DGMI 3-2018, amend filed 06/22/2018, effective 06/22/2018 DGMI 2-1999, f. & cert. ef. 8-30-99 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1992, f. & cert. ef. 6-17-92 GMI 1-1986, f. & ef. 8-25-86 GMI 3-1985, f. & ef. 11-20-85 GMI 2-1984, f. & ef. 2-22-84 GMI 2-1981, f. & ef. 12-30-81 GMI 9, f. & ef. 12-13-76 GMI 6, f. 12-21-73, ef. 1-11-74
632-001-0006 Collaborative Dispute Resolution Model Rules The Attorney General’s Collaborative Dispute Resolution Model Rules, OAR 137, division 5, as in effect on December 9, 2019, are adopted and incorporated into this division. Statutory/Other Authority: ORS 183.502(3) & ORS 517.831 Statutes/Other Implemented: ORS 516.090 History: DGMI 2-2020, adopt filed 03/13/2020, effective 03/13/2020
632-001-0010 Service Fees (1) When determining fees associated with the processing of requests for public records, the department will follow the statewide standardized fee-structure policy number 107-001-030 maintained by the Oregon Department of Administrative Services and adopted on Feb. 15, 2017. (2) All fees and charges must be paid before public records will be made available for inspection or copies provided. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 516.090 History: DGMI 1-2020, amend filed 03/12/2020, effective 03/16/2020 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 3-1985, f. & ef. 11-20-85
632-001-0012 Earthquake Recording Instrument Fund (1) Building Codes Division requires recording accelerographs to the installed in certain new buildings (Oregon Structural Special Code, Ch. 23, Div. II, Sec. 2360) or deposit of an equivalent cost to the Earthquake Recording Instrument Fund in the Department of Geology and Mineral Industries. This fund shall be used for the purchase, strategic placement, and maintenance of accelerographs in and adjacent to buildings. (2) The department, with the assistance of the Building Codes Division, shall oversee the design, locating and geographic distribution of accelerographs purchased and put in place using the Earthquake Recording Instrument Fund. (3) The department shall have access to recording accelerographs installed under the Oregon Structural Specialty Code and shall be the repository of seismic data recorded by the accelerographs. (4) The seismic data shall be make available to the public on request and payment of an appropriate fee as generally specified elsewhere in this Division. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 516.090, 520.095, 522.019, 522.305, 522.405, 522.435 & 522.545 Statutes/Other Implemented: ORS 516.090 History: DGMI 2-1999, f. & cert. ef. 8-30-99 GMI 2-1995, f. & cert. ef. 3-10-95
632-001-0014 Contracting Procedures Agreements, contracting, and contract management will be carried out as prescribed in OAR 125. Statutory/Other Authority: ORS 516.090, 520.095, 522.019, 522.305, 522.405, 522.435 & 522.545 Statutes/Other Implemented: ORS 516.090 History: GMI 2-1995, f. & cert. ef. 3-10-95
632-001-0020 Contracts for Geoscientific Surveys and Analysis (1) Prior to entering into an agreement authorized under ORS 516.035(6), the State Geologist shall consider whether the scope of the agreement is consistent with the department's mission statement and applicable objectives of the strategic plan and the extent to which the agreement will benefit the citizens of Oregon. (2) The State Geologist shall report annually to the Governing Board on the number and dollar value of agreements that were executed under the authority of ORS 516.035(6). Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 516.035 History: DGMI 1-2011, f. & cert. ef. 12-14-11
632-005-0000 Purpose (1) The rules in this division implement the department's responsibilities under ORS 455.446 and 455.447 relating to the construction of specified facilities and structures within the specified tsunami inundation zones. (2) The objective of the tsunami statutes and these implementing rules is to reduce the risk of loss of life. Risks will be reduced primarily by providing information and assistance to developers and by limiting where certain types of essential facilities or special occupancy structures may be located. (3) ORS 455.446 and 455.447 and these rules: (a) Establish a tsunami inundation zone; (b) Require the developers of certain new essential facilities, hazardous facilities, major structures, and special occupancy structures which are regulated but not prohibited within the inundation zone under these rules to consult with the department before seeking land use or building permit or change in use approval; (c) Prohibit the construction of certain new essential and special occupancy structures within the inundation zone; (d) Provide a site-specific exception process for structures prohibited under subsection (3)(c). This process would consider relative risks, evacuation strategies, competing interests, construction strategies, terrain modifications, and other considerations; and (e) Provide a general exemption for water-dependent and water-related structures and site-specific exemptions for certain essential facilities and special occupancy structures based upon the need for strategic location or school district boundaries. (4) Evacuation is the preferred strategy for dealing with tsunami risk. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 455.446 & 455.447 History: GMI 1-1997, f. & cert. ef. 4-4-97 GMI 1-1996, f. & cert. ef. 1-31-96
632-005-0010 Applicability to New Facilities and Structures The authority enforcing the Oregon Structural Specialty Code shall determine whether a developer is proposing new construction, additions, alterations, repairs, conversions, or replacements. (1) The provisions of OAR 632-005-0000 to 632-005-0090 apply to facilities and structures for which applications for land use or building permit approval for new construction, including replacements of facilities or structures on the same site, were filed on or after the effective date of these rules. (2) Replacement facilities and structures are also addressed in OAR 632-005-0080. (3) Provisions do not apply to facility or structure additions, alterations, or repairs on the same site. (4) Provisions do apply to conversions of an existing facility or structure if this places the facility or structure in a regulated category. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 455.446 & 455.447 History: GMI 1-1996, f. & cert. ef. 1-31-96
632-005-0030 Adoption of Maps for the Purposes of Screening New Essential Facilities, Hazardous Facilities, Major Structures, and Special Occupancy Structures (1) In implementing the provisions of ORS 455.446 and 455.447, decisions of the board may be based upon a tsunami produced by a Cascadia subduction zone earthquake event of reasonable size, using current earthquake science, geologic science and modeling techniques. (2) In adopting maps of the tsunami inundation zone for the purposes of implementing ORS 455.446 and 455.447, making exceptions, and providing consultation, the board and department shall be guided by the principle of best available science. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 455.446 & 455.447 History: GMI 1-1997, f. & cert. ef. 4-4-97 GMI 1-1996, f. & cert. ef. 1-31-96
632-005-0040 Tsunami Inundation Zone (1) For the purposes of implementing these rules, the tsunami inundation zone is the area depicted as the tsunami inundation zone in Oregon Department of Geology and Mineral Industries Open-File Reports O-95-09 through O-95-38, O-95-43 through O-95-66, and O-97-31 through O-97-32. (2) The board will consider revisions to the zone based upon scientific and engineering information supplied by the public and interested governmental entities. Modifications to the zone must be made by rule. Petitions for modifications should be filed under ORS 183.390 and OAR 137-001-0070. (3) The tsunami inundation zone is designed specifically to assist the board in considering decisions of risk related to the construction of new essential facilities, hazardous facilities, major structures, and special occupancy structures. The tsunami inundation zone is not designed or intended to specifically support building permit or land use planning decisions. (4) Developers of new essential facilities, hazardous facilities, major structures, and special occupancy structures are advised to develop evacuation procedures and routes to elevations higher than tsunami runup lines on the current tsunami inundation zone maps. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 455.446 & 455.447 History: GMI 1-1997, f. & cert. ef. 4-4-97 GMI 1-1996, f. & cert. ef. 1-31-96
632-005-0050 Referrals (1) Local government planning offices, local emergency management offices, and local building department offices or alternative authorities are encouraged to direct prospective developers of facilities and structures regulated by these rules to approach the department at the earliest reasonable date for exceptions or consultation in advance of proceeding with permitting. (2) Local governments and alternative authorities enforcing the Oregon Structural Specialty Code needing verification of an exception by the board or a consultation with the department may require such verification. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 455.446 & 455.447 History: GMI 1-1996, f. & cert. ef. 1-31-96
632-005-0060 Consultations; Requirements; Timing (1) For all new construction of or conversion to essential facilities, hazardous facilities, major structures, or special occupancy structures described in ORS 455.447(4), the developer must seek consultation from the department. However, no consultation is required to be obtained for exempted facilities or structures. (2) Requests for consultation on methods to mitigate tsunami risk for the site in question shall be submitted in writing to the department with a clear statement of the type of facility or structure under consideration, the facility’s or structure’s expected capacity, size, elevation above mean sea level, and specific location. The request shall take place prior to submittal of design plans to the building official for final approval. (3) The department will provide readily available consultation to the applicant. The form and extent of the consultation will be at the discretion of the department. The consultation will be nonbinding and will be considered public information. The developer may proceed with activities uninterrupted as soon as the request for consultation is made to the department. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 455.446 & 455.447 History: GMI 1-1996, f. & cert. ef. 1-31-96
632-005-0070 Exemption Responsibility (1) Local governments with authority to enforce the Oregon Structural Specialty Code (OAR 918-460-0010) in the tsunami inundation zone shall be responsible for determining whether a facility or structure is: (a) Inside the inundation zone; (b) Subject to these rules; (c) Exempt due to the need based on strategic location or school district boundaries as described in ORS 455.446(1)(e); or (d) Exempt due to water-dependent or water-related status as described in ORS 455.446(3) and as defined in OAR 632-005-0020(1)(m) and (n). (2) Local governments with authority for enforcing the Oregon Structural Specialty Code determine the timing of this decision and what constitutes a need for strategic location. This determination is separate from any board exceptions decisions. (3) If the local government does not have authority to enforce the Oregon Structural Specialty Code, the local government shall determine whether it makes the determinations referenced in sections (1) and (2) of this rule or whether the determinations are made by the alternative authority enforcing the Oregon Structural Specialty Code. (4) Water-dependent and water-related facilities and structures in the tsunami inundation zone are exempt from restrictions under ORS 455.446. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 455.446 & 455.447 History: GMI 1-1996, f. & cert. ef. 1-31-96
632-005-0090 Exceptions; Fees Developers seeking an exception may be billed for reasonable incurred costs up to a maximum of $900 for department review and board consideration including, but not limited to, personnel expenses and indirect costs. An applicant for an exception may request additional services and waive the $900 fee ceiling. An applicant may request an explanation of accounting practices used to determine costs, and the billing will be accompanied by a documentation of the expenses incurred by the department and board. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 455.446 & 455.447 History: GMI 1-1996, f. & cert. ef. 1-31-96
632-007-0000 Purpose The rules in this division implement the responsibilities of the Oregon Department of Geology and Mineral Industries under ORS 195.260(4)(a) relating to the mapping of further review areas for rapidly moving landslides. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 195.260 & 516.090 History: DGMI 1-2004, f. & cert. ef. 12-10-04 DGMI 1-2003, f. 6-27-03, cert. ef. 6-29-03 Suspended by DGMI 2-2002(Temp), f. 12-20-02, cert. ef. 1-1-03 thru 6-28-03 DGMI 1-2002, f. 12-20-02, cert. ef. 1-1-03
632-007-0010 Definitions (1) "Further review area" for the purpose of this division, means an area of land that may be subject to rapidly moving landslides as specifically mapped by the Oregon Department of Geology and Mineral Industries for the purpose of implementing ORS 195.260(4)(a). (2) "Rapidly moving landslide" for the purpose of this division, means any detached mass of soil, rock, or debris that begins as a relatively small landslide on steep slopes and grows to a sufficient size to cause damage as it moves down a slope or a stream channel, and is moving at a velocity that is difficult for people to outrun or escape. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 195.260 & 516.090 History: DGMI 1-2004, f. & cert. ef. 12-10-04 DGMI 1-2003, f. 6-27-03, cert. ef. 6-29-03 Suspended by DGMI 2-2002(Temp), f. 12-20-02, cert. ef. 1-1-03 thru 6-28-03 DGMI 1-2002, f. 12-20-02, cert. ef. 1-1-03
632-007-0020 Further Review Area Maps (1) The Oregon Department of Geology and Mineral Industries will prepare further review area maps in cooperation with local governments and in coordination with the Oregon Department of Forestry. The department will prepare further review area maps only for counties in western Oregon and Hood River County, where appropriate. (2) The Oregon Department of Geology and Mineral Industries will identify further review areas in maps prepared for that purpose. The Governing Board will adopt the further review area maps by rule. No other maps or parts of maps prepared by the department are further review area maps. (3) As provided in ORS 195.260, further review area maps are designed to assist local government in determining the need for site-specific reports prior to construction of structures in areas with possible hazard from rapidly moving landslides. (4) Further review area maps are not designed or intended to indicate levels of site-specific hazard. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 195.260 & 516.090 History: DGMI 1-2004, f. & cert. ef. 12-10-04 DGMI 1-2003, f. 6-27-03, cert. ef. 6-29-03 Suspended by DGMI 2-2002(Temp), f. 12-20-02, cert. ef. 1-1-03 thru 6-28-03 DGMI 1-2002, f. 12-20-02, cert. ef. 1-1-03
632-007-0030 Effective Date The rules in this division are effective June 29, 2003. Statutory/Other Authority: ORS 516.090 Statutes/Other Implemented: ORS 195.260 & 516.090 History: DGMI 1-2004, f. & cert. ef. 12-10-04 DGMI 1-2003, f. 6-27-03, cert. ef. 6-29-03 Suspended by DGMI 2-2002(Temp), f. 12-20-02, cert. ef. 1-1-03 thru 6-28-03 DGMI 1-2002, f. 12-20-02, cert. ef. 1-1-03
632-010-0002 General Rules These general rules apply to all lands within the jurisdiction of the State of Oregon unless otherwise specifically stated. Statutory/Other Authority: ORS 520 Statutes/Other Implemented: ORS 520.095 History: GMI 2-1995, f. & cert. ef. 3-10-95 GMI 6-1990, f. & cert. ef. 12-5-90 GMI 4-1985, f. & ef. 11-20-85 GMI 1-1982, f. & ef. 6-25-82 GMI 1, f. 1-27-54
632-010-0004 Supremacy of Special Rules The board may issue special rules, including field rules. A special rule supersedes a general rule on the same subject to the extent that the general rule is in conflict with the special rule. Statutory/Other Authority: ORS 520 Statutes/Other Implemented: ORS 520.095 History: DGMI 1-2013, f. & cert. ef 3-21-13 GMI 6-1990, f. & cert. ef. 12-5-90 GMI 4-1985, f. & ef. 11-20-85 GMI 1, f. 1-27-54
632-010-0011 Active Permits On or before the anniversary of the issuance date of each active permit issued by the department, the permittee must pay to the department an annual nonrefundable fee in the amount specified in ORS 520.017. Statutory/Other Authority: ORS 520 Statutes/Other Implemented: ORS 520.095 History: DGMI 1-2013, f. & cert. ef 3-21-13 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1991, f. 9-5-91, cert. ef. 9-6-91