justicedao/ipfs_state_laws huggingface dataset:
141-089-0780 Waterway Habitat Improvement – Purpose OAR 141-089-0780 to 141-089-0795 set forth the conditions under which a person may, without an individual removal-fill permit, general removal-fill permit, or DEQ remedial action permit waiver from the Department, fill or remove material in waterways for the effect of improving functions and values of aquatic habitat and facilitating species recovery in waterways. Temporary impacts to wetlands or waterways associated with a project may be authorized by combining this GA (OAR 141-089-0780, et seq. ) with the Temporary Impacts to Wetlands and Waterways GA (OAR 141-089-0700, et seq. ). 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 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 25-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0785 Waterway Habitat Improvement – Eligibility Requirements (1) Compatible with Management Plans. The project must not be detrimental to existing functions and values that address problems identified in a watershed management plan or water quality management plan. (2) Nonnative Species. The project will not involve the introduction of nonnative plants other than for temporary soil stabilization. Native seed mixes are preferred. When native seed mix is not available, nonnative seed mix that will hold the soil and not persist may be used if certified free of noxious weeds. (3) Consistent with Habitat Incentive Agreements. If the project is under a Habitat Incentive Agreement with ODFW, the project must be in conformance with that Agreement. (4) Compensatory Mitigation. Projects cannot be for the purpose of constructing compensatory mitigation required by an individual removal-fill permit or general removal-fill permit. 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 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 26-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0795 Waterway Habitat Improvement – Project-Specific Conditions (1) Projects must adhere to the general conditions in OAR 141-089-0650 and the following project-specific conditions. (2) Anchoring. Anchoring materials must not restrict or redirect flows, be set below grade to minimize the appearance, and be placed in areas naturally containing the anchoring material. (3) Rock and Gravel Placement. Rock and gravel fill must comply with the following conditions: (a) Only the minimal amount necessary may be used to achieve project objectives; (b) Rock must be placed in a manner that does not increase the upland surface area; (c) Rock must be placed to minimize adverse impacts to the active channel; (d) All rock must be placed, not dumped, from above the bank line; and (e) Only erosion-resistant rock from an upland source may be used. (4) Material must be similar to materials currently or historically found naturally in the stream reach except that the following may be used: (a) Straw bales, straw or coir logs, jute fabric or other bio-degradable material where necessary for temporary erosion control; (b) Other temporary use of nonnatural materials as necessary for compliance with OAR 141-089-0650; (c) Pinning material and ballast rock for placement of engineered log jams pursuant to OAR 141-089-0790(8); and (d) Rock for culvert inlet and outlet stabilization pursuant to OAR 141-089-0790(6). (5) Self Sustaining. Projects, other than installation or replacement of passage structures, fish screens, beaver dam analogs, and post-assisted log structures, must be self-sustaining and not require maintenance or manipulation. (6) Post-Project Reporting. Upon completion, a project must be reported to the Oregon Watershed Enhancement Board at http://www.oregon.gov/OWEB by completing the Oregon Watershed Restoration Inventory (OWRI) form. The Department GA number must be included on the reporting form. 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 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 28-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0800 Wetland Ecosystem Improvement – Purpose OAR 141-089-0800 to 141-089-0815 set forth the conditions under which a person may, without an individual removal-fill permit, general removal-fill permit, or DEQ remedial action permit waiver from the Department, carry out projects for the purpose of wetland ecosystem improvement. Wetland ecosystem improvement means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historical functions to a disturbed or altered wetland. Temporary impacts to wetlands or waterways associated with a project may be authorized by combining this GA (141-089-0800, et seq. ) with the Temporary Impacts to Wetlands and Waterways GA (OAR 141-089-0700 , et seq. ). 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 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 29-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0805 Wetland Ecosystem Improvement – Eligibility Requirements (1) Project Purpose. The project purpose is to improve the existing condition of a site to repair or return natural or historical functions to a disturbed or former wetland. The project may not be for the purpose of altering a site to produce conditions that did not previously exist to augment specific functions. (2) Compatible with Management Plans. The project must not be detrimental to existing functions and values that address problems identified in a watershed management plan or water quality management plan. (3) Evidence Required. Current site conditions must exhibit alterations in topography, soils, native vegetation, or hydrology that have resulted in wetland loss or wetland disturbance that is potentially reversible. (4) Conversion. The project will not result in conversion of wetlands to uplands and will not include the conversion of existing functional wetland ecosystems to another aquatic use. (5) Hydrology. Hydrologic manipulation must result in the hydrology of the improved site approximating the conditions that existed before the disturbance or alteration, to the extent practicable. Hydrology conditions include timing of inflow and outflow, duration, frequency, and hydroperiod. (6) Consistent with Wetland Conservation Plan. If the project is in an area for which there is a Department-approved Wetland Conservation Plan, the project must be in conformance with that plan. (7) Consistent with Habitat Incentive Agreements. If the project is under a Habitat Incentive Agreement with ODFW, the project must be in conformance with that Agreement. (8) Compensatory Mitigation. Projects cannot be for the purpose of constructing compensatory wetland 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 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 30-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0815 Wetland Ecosystem Improvement – Project-Specific Conditions (1) Projects must adhere to the general conditions in OAR 141-089-0650 and the following project-specific conditions. (2) Water storage. Water may not be stored for a beneficial use without the appropriate water-use authorization from Oregon Water Resources Department; and (3) Post-Project Reporting. Upon completion of the project, the project must be reported to the Oregon Watershed Enhancement Board at http://www.oregon.gov/OWEB by completing the Oregon Watershed Restoration Inventory (OWRI) form. The Department GA number is required to be included on the reporting form. 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 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 32-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0820 Non-motorized In-stream Placer Mining in ESH – Purpose These rules set forth conditions under which a person may, without an individual removal-fill permit from the Department, fill, remove, and move material in waters of this state for the purpose of in-stream placer mining using only non-motorized methods or activities, including gravity dredge or siphon dredge, within areas designated as Essential Indigenous Anadromous Salmonid Habitat (ESH) that is not designated as State Scenic Waterway (SSW). 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 77-2018, amend filed 05/07/2018, effective 05/07/2018 DSL 33-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 3-2016, f. & cert. ef. 6-15-16 DSL 4-2015(Temp), f. 12-28-15, cert. ef. 1-2-16 thru 6-29-16 DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0823 Non-motorized In-stream Placer Mining within ESH - Definitions For the purposes of OAR 141-089-0820 through 141-089-0835, the following definitions are used in addition to those found in ORS 196.600 to 196.990 and OAR 141-085-0510. (1) “Completion of the activity” means the responsible party will not return or has not returned to the activity location to resume the activity within 24 hours. (2) “Gravity Dredge” means a device with a suction nozzle and hose for conveyance of streambed material for which suction is created by gravity. A gravity dredge does not have an auxiliary power source. (3) “Motorized Equipment” means equipment or devices powered by internal combustion, hydraulics, pneumatics, electricity, or mechanical means. (4) “In-stream” means below the ordinary high water line of a stream and within the wet perimeter and any adjacent non-vegetated dry gravel bar. (5) “Placer Mining” means to search or explore for samples of gold, silver or other precious metals by removing, filling or moving material from or within the bed of a stream. (6) “Siphon Dredge” means a device with a suction nozzle and hose for conveyance of streambed material for which suction is created by siphon action. A siphon dredge does not have an auxiliary power source. Statutory/Other Authority: ORS 196.600-196.692 & 196.795-196.990 Statutes/Other Implemented: ORS 196.600-196.692, 196.795-196.990 & SB 3 History: DSL 77-2018, adopt filed 05/07/2018, effective 05/07/2018
141-089-0825 Non-motorized In-stream Placer Mining in ESH - Eligibility Requirements To be eligible, a project must adhere to the following: (1) Purpose. The activity is for the specific purpose of non-motorized in-stream placer mining within ESH. (2) Not within a State Scenic Waterway. The activity may not occur within SSW. (3) Preceding Year Activity Report. If the person listed on the notification was authorized under this GA or the GA for Recreational Placer Mining in ESH during the preceding calendar year, a completed In-stream Placer Mining Report for that preceding calendar year must have been submitted to the Department by the last business day in February of the current calendar year. 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 77-2018, amend filed 05/07/2018, effective 05/07/2018 DSL 34-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 3-2016, f. & cert. ef. 6-15-16 DSL 4-2015(Temp), f. 12-28-15, cert. ef. 1-2-16 thru 6-29-16 DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0827 Non-motorized In-stream Placer Mining within ESH - Expiration and No Transfer (1) Expiration of In-stream Placer Mining Authorizations. Authorizations issued under this GA expire on December 31 of each calendar year. (2) No Transfer of Authorization. An authorization cannot be transferred to another person. 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 79-2018, adopt filed 06/29/2018, effective 07/01/2018 DSL 78-2018, temporary adopt filed 05/07/2018, effective 05/07/2018 through 11/02/2018
141-089-0830 Non-motorized In-stream Placer Mining in ESH - Authorized Activities Non-motorized in-stream placer mining within ESH that fills, removes, or moves cumulatively less than twenty-five (25) cubic yards of material annually. Material filled, removed, or moved includes the construction and removal of temporary dams. 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 77-2018, amend filed 05/07/2018, effective 05/07/2018 DSL 35-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14 DSL 2-2011, f. & cert. ef. 3-1-11
141-090-0005 Purpose The purpose of these rules is to establish standards and procedures by which the Department of State Lands makes jurisdictional determinations for the purpose of regulating fill and removal within waters of this state. These rules also establish minimum standards for wetland delineation reports submitted to the Department for review and the procedures for Department review and approval. Statutory/Other Authority: ORS 196.845 & 196.692 Statutes/Other Implemented: ORS 196.800 – 196.990, 196.600 – 196.665, 196.668 – 196.692 & 197.279 History: DSL 2-2023, amend filed 05/05/2023, effective 06/01/2023 DSL 6-2012, f. 12-13-12, cert. ef. 1-1-13 DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 3-2001, f. 4-18-01, cert. ef. 7-1-01
141-090-0010 Applicability (1) These rules establish the standards and procedures used by the Department of State Lands to identify waters of this state, which are subject to regulation and authorization requirements of the Removal-Fill Law (ORS 196.800 to 196.990). (2) These rules are supplemental to administrative rules for issuance and enforcement of removal and fill authorizations (OAR 141-085; 141-0102); rules pertaining to wetland conservation plans and local wetlands inventories (OAR 141-086; 141-120); rules pertaining to the identification of significant wetlands (OAR 141-086); rules pertaining to General Authorizations (141-089); rules pertaining to General Permits (141-093) and rules pertaining to Oregon Scenic Waterways (141-100). (3) Agencies such as the U.S. Army Corps of Engineers (USACE) and the Natural Resources Conservation Service (NRCS) have separate regulatory authority over waters of the United States and separate jurisdictional determination procedures. Statutory/Other Authority: ORS 196.845 & 196.692 Statutes/Other Implemented: ORS 196.800 – 196.990, 196.600 – 196.665, 196.668 – 196.692 & 197.279 History: DSL 2-2023, amend filed 05/05/2023, effective 06/01/2023 DSL 6-2012, f. 12-13-12, cert. ef. 1-1-13 DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 3-2001, f. 4-18-01, cert. ef. 7-1-01
141-090-0015 Policy (1) It is the policy of the State of Oregon that the protection, conservation and best use of the water resources of this state are matters of the utmost public concern (ORS 196.805) and that the state use a single definition of wetlands and a single, uniform methodology of delineating wetland boundaries (ORS 196.672). (2) In accord with these policies the Department shall, to the greatest extent possible: (a) Provide a clear process for making, revising, reconsidering, or reissuing jurisdictional determinations; (b) Make jurisdictional determinations using the best available science, technical guidance and documents; (c) Use sound professional judgment in interpreting maps, remotely sensed imagery, environmental data and other relevant information; (d) Provide jurisdictional determinations that improve the level of regulatory certainty for landowners and developers and that help ensure that removal or fill of material in waters of this state does not occur without a required removal or fill permit; and (e) Encourage landowners and developers to utilize wetland delineation reports at the earliest stage of site development planning to incorporate measures to avoid and minimize impacts to waters of this state and thus prevent unnecessary regulatory delays. (3) Because waters of this state can be affected over time by both natural changes and human activities, jurisdictional determinations are valid for a limited period of time. (4) The Director of the Department of State Lands shall designate employees responsible for making jurisdictional determinations as described in these rules. (5) Final authority for determining the adequacy of the procedures, methods, application of technical documents, interpretation and analysis of maps and data, and conclusions regarding the identification of waters of this state and jurisdictional determinations rests with the Department except when the Department’s determination is reviewed by a court of competent jurisdiction. Statutory/Other Authority: ORS 196.845 & 196.692 Statutes/Other Implemented: 196.800 – 196.990, 196.600 – 196.665, 196.668 – 96.692 & 197.279 History: DSL 2-2023, amend filed 05/05/2023, effective 06/01/2023 DSL 6-2012, f. 12-13-12, cert. ef. 1-1-13 DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 3-2001, f. 4-18-01, cert. ef. 7-1-01
141-090-0030 Technical Requirements (1) Wetland determinations and delineations shall be conducted in accordance with the manual and any supporting technical or guidance documents issued by the Department. (2) All other waters (e.g., streams, estuaries, ditches) shall be delineated at the jurisdictional limits described in OAR 141-085-0515. (3) In addition to the requirements in this section, wetland delineation reports submitted to the Department for review and approval shall meet the standards and requirements in OAR 141-090-0035. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 196.845 & 196.692 Statutes/Other Implemented: ORS 196.800 – 196.990, 196.600 – 196.665, 196.668 – 196.692 & 197.279 History: DSL 2-2023, amend filed 05/05/2023, effective 06/01/2023 DSL 6-2012, f. 12-13-12, cert. ef. 1-1-13 DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 2-2003(Temp), f. & cert. ef. 11-26-03 thru 5-23-04 DSL 3-2001, f. 4-18-01, cert. ef. 7-1-01
141-090-0050 Request for Reconsideration, Contested Case, and Appeal (1) A JD by the Department may be reconsidered upon written request to the Department by the landowner, agent, or applicant with landowner approval within six months of the date of the JD (date the letter or form was signed by the Department). The request for reconsideration initiates an informal review process. (2) New information may be provided by the applicant, landowner, agent or the Department, or may be requested by the Department, as part of the reconsideration process. (3) A reconsideration may result in a modified JD or in the reaffirmation of the original JD. (4) In the event that the landowner, agent, or applicant with landowner permission disagrees with the reconsideration decision, the applicant, landowner or agent may: (a) Request a contested case proceeding pursuant to ORS 183.413 through 183.470 by submitting a written request so that it is received by the Department within 21 calendar days of the reconsideration decision; or (b) Request an appeal by submitting a written request so that it is received by the Department within 21 calendar days of the reconsideration decision. The appeal option is available only when the disagreement is over a wetland determination or delineation that has been the subject of reconsideration decision by the Department. The appeal option is not available for ordinary high water line or highest measured tide determinations and does not involve a review of whether the wetland or other water is subject to state regulation. (A) The Director shall decide the appeal within 60 calendar days after the date of delivery of the appeal. (B) The Director may affirm the reconsideration decision, issue a new or modified decision, or request the appellant to submit additional information to support the appeal. (C) When an applicant has exhausted the appeal process before the Director, they may submit an appeal for a contested case hearing pursuant to ORS 183.413 through 183.470. Statutory/Other Authority: ORS 196.845 & 196.692 Statutes/Other Implemented: ORS 196.800 – 196.990, 196.600 – 196.665, 196.668 – 196.692 & 197.279 History: DSL 2-2023, amend filed 05/05/2023, effective 06/01/2023 DSL 6-2012, f. 12-13-12, cert. ef. 1-1-13 DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 3-2001, f. 4-18-01, cert. ef. 7-1-01
141-090-0055 Effective Date These rules become effective on June 1, 2023. Statutory/Other Authority: ORS 196.845 & 196.692 Statutes/Other Implemented: ORS 196.800 – 196.990, 196.600 – 196.665, 196.668 – 196.692 & 197.279 History: DSL 2-2023, amend filed 05/05/2023, effective 06/01/2023 DSL 6-2012, f. 12-13-12, cert. ef. 1-1-13 DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 3-2001, f. 4-18-01, cert. ef. 7-1-01
141-091-0005 Fees Unless otherwise stated by rule, the Department of State Lands shall make charges for copies and services as follows: (1) Per image for Xerox copies: (a) State agencies — $0.05; (b) General public for material from Department files, copies made by Department staff — $0.25; (c) General public for material from Department files, making their own copies — $0.10; (d) Parties in contested cases, first 20 pages — $0.25 each; (e) Additional pages — $0.20; (2) Transcripts, reports, specialized maps, photos, etc. available through the Department: a charge approximating the cost of reproduction and handling. (3) Certified copies of Department records, per certificate — $5. The charge includes the first four pages of document copied. Additional amount for each page in accordance with section (1). Statutory/Other Authority: ORS 192 & 273 History: DSL 10-2008, f. & cert. ef. 12-10-08 LB 11-1982, f. & ef. 12-20-82
141-091-0010 Additional Fees An additional charge shall be added for actual cost of staff time required for research. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 192 & 273 History: LB 11-1982, f. & ef. 12-20-82
141-091-0015 Billing Charges shall be paid in cash at the time of request for copies except that at the discretion of the Director or any Assistant Director, billing may accompany mailed copies. State agencies or other governmental bodies may be billed for copies. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 192 & 273 History: DSL 10-2008, f. & cert. ef. 12-10-08 LB 5-1985, f. & ef. 7-24-85 LB 11-1982, f. & ef. 12-20-82
141-091-0020 Fees Waived Charges may be waived in the following instances: (1) Routine requests from state, local, and federal agencies; (2) When charges would total $.50 or less; (3) Copies of current leases, permits, etc., requested by lessee, permittee, mortgagor, their insurance company, financial institution, etc.; (4) Documents needed by applicants for leases and permits, etc., such as administrative rules, lease forms, application forms. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 192 & 273 History: LB 11-1982, f. & ef. 12-20-82
141-092-0020 Introduction The following procedures for screening and selecting a contractor for a personal services contract are adopted as the procedures of the Division of State Lands, including the South Slough Estuarine Sanctuary and the Natural Heritage Advisory Council. Statutory/Other Authority: ORS 273 & 279 Statutes/Other Implemented: ORS 273 & 279 History: LB 13-1982, f. & ef. 12-20-82