justicedao/ipfs_state_laws huggingface dataset:
603-095-3760 Complaints and Investigations (1) When the Department receives notice of an alleged occurrence of agricultural pollution it may conduct an investigation. The department will coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an alleged 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 603-095-3760(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 603-095-3760(4), "person" does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-3760(4), 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 OAR 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 4-2004, f. & cert. ef. 1-23-04
603-095-3800 Purpose – Klamath Headwaters (1) These rules have been developed to implement a water quality management area plan for the Klamath Headwaters 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 Klamath Headwaters Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Klamath Headwaters Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules (OARs 603-095-3800 through 603-095-3860) is expected to aid in the achievement of applicable water quality standards in the Klamath Headwaters Agricultural Water Quality Management Area. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 87-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 10-2004, f. & cert. ef. 3-22-04
603-095-3820 Geographic and Programmatic Scope (1) The Klamath Headwaters Agricultural Water Quality Management Area is comprised of the Upper Klamath Lake drainages, the west Klamath River drainages including the headwaters of Spencer Creek in Klamath County and Jenny, Cottonwood and Colstein Creeks in Jackson County, and excludes the entire Lost River Drainage and the Klamath Project lands on the west side of the Klamath River down to the Keno dam. The physical boundaries of the Management Area are indicated on the map included as Attachment 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Klamath Headwaters 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. These rules (OAR 603-095-3800 through 603-095-3860) will affect any lands in agricultural use on all non-Federal and non-Tribal lands in the Klamath Headwaters Agricultural Water Quality Management Area. (a) Agricultural use does not include the use of land for garden plots used for the cultivation of vegetables, flowers, herbs, or fruits for non-commercial, personal use. (b) The provisions of the Klamath Headwaters Agricultural Water Quality Management Area Plan and OARs 603-095-3800 through 603-095-3860 shall not apply to any forest activity subject to the Oregon Forest Practices Act, ORS 527.610. (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) 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. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 10-2004, f. & cert. ef. 3-22-04
603-095-3840 Required Prevention and Control Measures (1) All landowners or operators conducting activities on lands in agricultural use will comply with the criteria listed below. A landowner is only responsible for those conditions resulting from activities caused by the landowner. A landowner is not responsible for conditions resulting from actions by another landowner on other lands. A landowner is not responsible for conditions resulting from unusual weather events (such as would be expected to follow a 25-year, 24-hour storm) or other exceptional circumstances that could not have been reasonably anticipated. A landowner is not responsible for natural increases in nutrient loading or temperature increases resulting from natural or off-property conditions. (2) Streamside Vegetation (a) Landowners or operators must allow vegetation, consistent with site capability, to establish and grow along perennial and intermittent streams to protect water quality by providing shade, filtering out pollutants from surface runoff, and protecting streambank integrity during high stream flows. (b) If any agricultural activity disturbs streamside vegetation to impair the conditions and functions described in 603-095-3840(2)(a), the landowner or operator must replant or restore the disturbed area with vegetation that will provide the functions required in 603-095-3840(2)(a). (c) Exemptions from OAR 603-095-3840 2(a): (A) Limited duration agricultural activities such as livestock crossings or riparian grazing provided they do not compromise achieving the conditions described in 603-095-3840(2)(a). (B) Ponds which are not hydrologically connected to surface water. (C) Constructed irrigation delivery and drainage systems. (D) Levees and dikes. (E) Drainage areas where the only connection to other waterbodies is through pumps. (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 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 88-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 27-2024, amend filed 12/09/2024, effective 12/09/2024 DOA 10-2004, f. & cert. ef. 3-22-04
603-095-3860 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, or through notification by another agency, 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 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 603-095-3860(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. (c) As used in section OAR 603-095-3860(4), “person” does not include any local, state, or federal agency. (5) Notwithstanding OAR 603-095-3860(4), 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. (6) 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 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 10-2004, f. & cert. ef. 3-22-04
603-095-3900 Purpose – Lost River Subbasin (1) These rules have been developed to implement a water quality management area plan for the Lost River Subbasin 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 Lost River Subbasin Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Lost River Subbasin 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 Lost River Subbasin Agricultural Water Quality Management Area. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 89-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 18-2004, f. & cert. ef. 6-17-04
603-095-3920 Geographic and Programmatic Scope (1) The Lost River Subbasin Agricultural Water Quality Management Area is comprised of the Oregon portion of the Lost River subbasin, as defined by the US Geological Survey. The physical boundaries of the Management Area are indicated on the map included as Attachment 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Lost River Subbasin 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 Tribal Trust lands. (3) Current productive agricultural use is not required for the provisions of these rules to apply. (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 Lost River Subbasin 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: Attachments referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 18-2004, f. & cert. ef. 6-17-04
603-095-3960 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 603-095-3960(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 603-095-3960(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-3960(4), 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 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 18-2004, f. & cert. ef. 6-17-04
603-095-4000 Purpose and Applicability – Agricultural Drainage Channel Maintenance The purpose of these rules is to simplify the process by which agricultural landowners may maintain channels used for agricultural drainage while ensuring that any maintenance is conducted in a manner that protects, maintains or improves ecological functions of the channels and upholds state objectives for fish recovery, and protects wetlands, waterways and fish and wildlife habitats. Maintenance of channels used for agricultural drainage is critical to the operational and economic viability of Oregon’s farm and ranch lands. Statutory/Other Authority: ORS 196.816 Statutes/Other Implemented: ORS 196.600 to 196.905 History: DOA 91-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 17-2020, adopt filed 09/08/2020, effective 09/08/2020
603-095-4010 Agricultural Drainage Maintenance Regions (1) The Oregon Department of Agriculture will implement these rules in four phased regions: (a) Region One includes the following Oregon Counties: Clatsop, Columbia, Tillamook, Washington, Multnomah, Yamhill, Clackamas, Lincoln, Polk, Marion, Benton, Linn, and Lane. (b) Region Two includes the following Oregon Counties: Coos, Douglas, Curry, Josephine, and Jackson. (c) Region Three includes the following Oregon Counties: Jefferson, Deschutes, Crook, Klamath, and Lake. (d) Region Four includes the remaining Oregon counties. (2) OAR 603-095-4000 to 603-095-4060 will become effective as follows: (a) Region One upon adoption of these rules in 2022. (b) Region Two on January 1, 2023. (c) Region Three on January 1, 2024. (d) Region Four on January 1, 2025. Statutory/Other Authority: ORS 196.816 & HB 2437 Statutes/Other Implemented: ORS 196.816 & HB 2437 History: DOA 3-2022, amend filed 03/07/2022, effective 03/07/2022 DOA 17-2020, adopt filed 09/08/2020, effective 09/08/2020
603-095-4015 Notification to the Oregon Department of Agriculture – Maintenance Without a Permit; Types of Maintenance Activities (1) Notification to the Oregon Department of Agriculture shall be given for the maintenance activities of existing traditionally maintained channels that meet the following: (a) Limited to maintenance of dry traditionally maintained channels that are in existence or operation at the time of the activities; and (b) Have been routinely subject to maintenance so as to facilitate drainage related to farming operations; and (c) Have been serviceable for facilitating drainage within the past five calendar years as determined at the time of notification; and (d) Maintenance activities do not include those activities prohibited by the mandatory conditions or otherwise prohibited by these rules. (2) Activities not covered by notification. A notification may not be filed for the following activities: (a) Activities within a channel that is not a traditionally maintained channel, as defined in 603-095-4005(15). (b) Development or construction of new channels, or alteration of a channel that has not been serviceable for facilitating drainage within the past five calendar years as of the date of intended notification, or channel relocation activities as defined in ORS 196.800(1). (c) Maintenance activities that will result in converting wetlands to uplands. (d) Maintenance activities that will change the depth or functionality of a wetland. (e) Maintenance activities that will result in the removal of more than 3,000 cubic yards per linear mile of traditionally maintained channels over the course of the five-year notification period. (f) Maintenance activities that will result in the spreading of material in a wetland or converted wetland in a volume greater than 3,000 cubic yards per linear mile of traditionally maintained channels over the course of the five-year notification period. (g) Maintenance activities that will result in a change in location of a channel caused by the digging of a new channel and the diversion of the flow from the old channel into the new channel. (h) Maintenance activities that will result in an increase in the width or depth of the traditionally maintained channel beyond the width or depth of the traditionally maintained channel that is routinely maintained to facilitate drainage. (i) Any activity not allowed in ORS 196.906 – 196.919 that would otherwise require a permit from the Oregon Department of State Lands as provided in ORS 196.682 et seq. or as required pursuant to OAR 603-095-4025(2). (3) Nothing in OAR 603-095-4000 through 603-095-4060 limits or otherwise changes the exemptions under ORS 196.921. Statutory/Other Authority: ORS 196.816 Statutes/Other Implemented: ORS 196.816 History: DOA 17-2020, adopt filed 09/08/2020, effective 09/08/2020
603-095-4025 Review of Notification; Consultation with the Oregon Department of Fish and Wildlife; Final Determination by the Oregon Department of State Lands (1) No later than five days after receiving a complete notification, the Oregon Department of Agriculture shall provide a copy of the notice to the Oregon Department of Fish and Wildlife. (2) Upon receiving a copy of the notice, the Oregon Department of Fish and Wildlife has 30 days to respond to the Oregon Department of Agriculture. The Oregon Department of Fish and Wildlife response may indicate that a review was conducted and work may proceed, or may provide the Oregon Department of Agriculture with recommendations on: (a) Whether the maintenance activities described in the notice will meet the requirements of ORS 196.913 ; and (b) Whether conditions, in addition to those required ORS 196.913, are necessary to address the presence of endangered or threatened species, to protect endangered or threatened species’ habitat quality or quantity, or to otherwise protect the existing functions of the channel. (3) The Oregon Department of Agriculture will process the notice pursuant to ORS 196.906 to ORS 196.919 if ODFW does not respond within 30 days. (4) The Oregon Department of Agriculture shall include in a valid notice any recommended conditions received unless the recommended conditions are denied as provided in paragraphs (4)(a) through (4)(c) below. (a) If the Oregon Department of Agriculture disagrees with any Oregon Department of Fish and Wildlife recommended conditions, the Oregon Department of Agriculture may consult with the Oregon Department of Fish and Wildlife to resolve the disagreement. (b) If the two agencies do not reach consensus on how to address the disagreement, the Oregon Department of Agriculture shall provide a copy of the notice, the recommendations of the Oregon Department of Fish and Wildlife, and a summary of the disagreement to the Oregon Department of State Lands. (c) Within five days of receiving the information in paragraph (4)(b) above, the Oregon Department of State Lands has authority to make the final determination of what additional conditions may be necessary for the maintenance activity to occur without a removal-fill permit, or whether the activity may occur without a removal-fill permit. Statutory/Other Authority: ORS 196.816 Statutes/Other Implemented: ORS 196.816 History: DOA 17-2020, adopt filed 09/08/2020, effective 09/08/2020
603-095-4035 Certifications of Compliance with Other Applicable Laws (1) No person may conduct channel maintenance activities in a manner that violates applicable laws related to fish passage or water quality. (2) In order to maintain a simple regulatory approach for the maintenance of traditionally maintained channels used for agricultural drainage and also to conduct maintenance activities in a manner that protects, maintains or improves the ecological functions of the channels, persons filing a notification must certify that the person conducting the maintenance activities will comply with OAR 603-095-4030 by certifying that all of the following are applicable to the location where the maintenance activities will be conducted: (a) Non-point Source Pollution. A person filing a notification with the Oregon Department of Agriculture must certify that they have reviewed and, in conducting channel maintenance activities, will comply with relevant statutes and rules governing those activities as provided in ORS 568.900 et seq. and the agricultural water quality management plans and rules governing the area where maintenance activities will be conducted. (b) Regional Dry Maintenance Time Period. A person filing a notification with the Department must certify that the planned maintenance activities will occur only during the regional dry maintenance time period for the area of the planned maintenance activities, as designated by the Oregon Department of Fish and Wildlife. Statutory/Other Authority: ORS 196.816 Statutes/Other Implemented: ORS 196.816 History: DOA 17-2020, adopt filed 09/08/2020, effective 09/08/2020