justicedao/ipfs_state_laws huggingface dataset:
603-095-1000 Purpose – North and Middle Forks John Day River (1) These rules have been developed to implement a water quality management area plan pursuant to authorities vested in the department through ORS 568.900–568.933. The area plan is known as the North and Middle Forks John Day River Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the North and Middle Forks John Day River Management Area, for the prevention and control of 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 North and Middle Forks John Day River subbasins. (3) Failure to comply with any provisions of the North and Middle Forks John Day River Agricultural Water Quality Management Area Plan: (a) Does not constitute a violation of OAR 603-090-0000 through 603-090-0120, or of 603-095-0010 through 603-095-1060; (b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person. (4) Nothing in the North and Middle Forks John Day River Agricultural Water Quality Management Area Plan shall be used to interpret any requirement of OAR 603-095-1000 through 603-095-1060. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 93-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 31-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 16-2002, f. & cert. ef. 6-14-02
603-095-1020 Geographic and Programmatic Scope (1) The North and Middle Forks John Day River Agricultural Water Quality Management Area includes the area that drains into the North and Middle Forks of the John Day River upstream from the confluence with the mainstem John Day River near Kimberly. The physical boundaries of the North and Middle Forks John Day River Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the North and Middle Forks John Day River subbasins in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of public lands managed by federal agencies (USFS and BLM) and activities that are subject to the Oregon Forest Practices Act. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, fallow croplands or rested pastures with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the North and Middle Forks John Day River Agricultural Water Quality Management Area. (5) For lands in agricultural use within other Designated Management Agencies or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 16-2002, f. & cert. ef. 6-14-02
603-095-1040 Required Prevention and Control Measures (1) Limitations: (a) All landowners or operators conducting activities on agricultural lands are provided the following exemptions from the requirements of OAR 603-095-1040 (Prevention and Control Measure). (A) A landowner or operator shall be responsible for water quality resulting from conditions caused by the management of the landowner or operator. (B) Rules do not apply to conditions resulting from unusual weather events or other circumstances not within the reasonable control of the landowner or operator. Reasonable control of the landowner means that technically sound and economically feasible measures must be available to address conditions described in Prevention and Control Measures. (b) Rule implementation schedule: (A) OAR 603-095-1040(2) is effective upon adoption; (B) OAR 603-095-1040(3) through (6) are effective January 1, 2006; (C) Effective upon adoption of these rules, all landowners or operators should immediately begin technically sound, economically feasible efforts where needed to achieve measurable progress towards compliance with these rules. (c) These rules may be modified as a result of the biennial review of the progress of implementation of the North and Middle Forks John Day River Agricultural Water Quality Management Area Plan. (2) Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (3) Uplands Management: (a) Cropland, rangeland and pasture condition must allow, within the capability of the site, vegetation sufficient to protect water quality. (b) Private roads and farmsteads must be in a condition that protects water quality by controlling soil erosion and suspended sediment concentrations in runoff. (4) Riparian Area Management: Riparian area condition must allow the establishment, growth and active recruitment of riparian vegetation, consistent with the vegetative capability of the site, for protection of water quality. (5) Irrigation Management: Irrigation must be done in a manner that limits the amount of pollutants in the runoff from the irrigated area. (6) Livestock Management: (a) Livestock confinement areas must have an adequate runoff control system or equally effective pollution control practice sufficient to control runoff of sediment and animal waste. (b) OAR 603-095-1040(6)(a) applies to all livestock confinement areas except those required to have a permit under ORS 468B.050. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 32-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 16-2002, f. & cert. ef. 6-14-02
603-095-1060 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 apparent occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 through 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 through 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 603-095-1060(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 through 568.933 or any rules adopted thereunder. (5) As used in section OAR 603-095-1060(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-1060(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 through 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 16-2002, f. & cert. ef. 6-14-02
603-095-1100 Purpose – Hood River (1) These rules have been developed to implement a water quality management area plan for the Hood River Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and 561.190–561.191, due to a determination by the Environmental Quality Commission to establish Total Maximum Daily Loads and allocate a load to agricultural nonpoint sources. The area plan is known as the Hood River Agricultural Water Quality Management Area Plan. After adoption of the TMDLs, these rules will be reviewed and modified as needed to provide reasonable assurance that the load allocations for agriculture will be met. (2) The purpose of these rules is to outline requirements for landowners in the Hood River 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 Hood River Agricultural Water Quality Management Area. (3) Failure to comply with any provisions of the Hood River Agricultural Water Quality Management Area Plan: (a) Does not constitute a violation of OAR 603-090-0000 to 603-090-0120, or of 603-095-0010 to 603-095-1160; (b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person. (4) Nothing in the Hood River Agricultural Water Quality Management Area Plan shall be: (a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC § 1251–1376; (b) Used to interpret any requirement of OAR 603-095-1100 to 603-095-1160. Statutory/Other Authority: ORS 561.190 & 561.191 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 33-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 7-2001, f. & cert. ef. 3-26-01
603-095-1120 Geographic and Programmatic Scope (1) The Hood River Agricultural Water Quality Management Area is comprised of the Hood River drainage and all other Oregon lands draining to the Columbia River between and including Eagle Creek to the west and Fir Mountain to the east. The physical boundaries of the Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Hood River 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 Hood River Agricultural Water Quality Management Area. (5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 561.191 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 7-2001, f. & cert. ef. 3-26-01
603-095-1140 Required Prevention and Control Measures (1) Landowners must comply with OAR 603-095-1140(2) through (3) within the following limitations: A landowner is responsible for only those conditions resulting from activities controlled by the landowner. A landowner is not responsible for conditions resulting from activities by landowners on other lands. A landowner is not responsible for conditions that: are natural, could not have been reasonably anticipated, or that result from unusual weather events or other exceptional circumstances. (2) Streamside Vegetation: Effective upon adoption of these rules, agricultural activities must allow the establishment, growth, and maintenance of vegetation along streams. Vegetation must be sufficient to control water pollution by moderating solar heating, minimizing streambank erosion, filtering sediments and nutrients from overland flows, and improving the infiltration of water into the soil profile. The streambank should have sufficient vegetation to resist erosion during high streamflows, such as those reasonably expected to occur once every 25 years. (3) Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. Statutory/Other Authority: ORS 561.190 & 561.191 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 34-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 7-2001, f. & cert. ef. 3-26-01
603-095-1160 Complaints and Investigations (1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1160(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 603-095-1160(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-1160, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 561.190 & 561.191 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 7-2001, f. & cert. ef. 3-26-01
603-095-1200 Purpose – Clackamas Subbasin (1) The purpose of these rules is to outline requirements for landowners in the Clackamas Subbasin Management Area for the prevention and control of 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 Clackamas Subbasin Management Area. (2) It is intended that the Clackamas Subbasin Agricultural Water Quality Management Area Plan will aid in achieving compliance with these rules through education and promotion of voluntary land management measures. (3) Failure to comply with any provisions of the Clackamas Subbasin Agricultural Water Quality Management Area Plan: (a) Does not constitute a violation of OAR 603-090-0000 through 603-090-0120, or of 603-095-1200 through 603-095-1280. (b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person. (4) Nothing in the Clackamas Subbasin Agricultural Water Quality Management Area Plan shall be: (a) Construed as an effluent limitation or standard under the Federal Water Pollution Control Act, 33 USC § 1251–1376. (b) Used to interpret any requirement of OAR 603-095-1200 through 603-095-1280. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 35-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 11-2001, f. & cert. ef. 6-8-01
603-095-1220 Geographic and Programmatic Scope (1) The Clackamas Subbasin Management Area includes the drainage area of the Clackamas River upstream from the confluence with the Willamette River near Gladstone. The Abernathy Creek and Beaver Creek/Parrot Creek drainages which flow directly into the Willamette from the east are included in this Management Area. Newland Creek, Boeckman Creek, Seely Ditch, Coffee Lake Creek, and Corral Creek flow directly into the Willamette River and are also included in this Management Area. The physical boundaries of the Clackamas Subbasin Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Clackamas Subbasin Management Area in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies and activities which are subject to the Forest Practices Act. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Clackamas Subbasin Management Area. (5) For lands in agricultural use within other Designated Management Agencies or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 11-2001, f. & cert. ef. 6-8-01
603-095-1240 Required Prevention and Control Measures (1) All landowners or operators conducting activities on lands in agricultural use shall be in compliance with the following criteria. A landowner or operator shall be responsible for only those violations of the following prevention and control measures caused by activities conducted on land managed by the landowner or operator. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances which could not have been reasonably anticipated. (2)(a) Streamside Area Condition. Effective upon rule adoption. (b) Streamside area conditions shall allow the establishment, growth, and/or maintenance of native or non-native riparian vegetation appropriate to the site capability, that is sufficient to encourage shade and to protect the streamside area during high stream flow events up to and including those expected to occur during or following a 25-year, 24 hour storm event. (3)(a) Agricultural Waste. Effective upon rule adoption. (b) No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 36-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 11-2001, f. & cert. ef. 6-8-01
603-095-1260 Complaints and Investigations (1) When the department receives notice of an apparent occurrence of agricultural water 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 apparent occurrence of agricultural water 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 water 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 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 603-095-1260(3), “person” does not include any local, state or federal agency. (6) 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 public health or safety. (7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 568.915, 568.918 & 568.933 Statutes/Other Implemented: ORS 568.900-568.933 History: DOA 18-2025, amend filed 09/23/2025, effective 09/23/2025 DOA 11-2001, f. & cert. ef. 6-8-01
603-095-1300 Purpose – Sandy Subbasin (1) The purpose of these rules is to outline requirements for landowners in the Sandy Subbasin Management Area for the prevention and control of 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 Sandy Subbasin Management Area. (2) It is intended that the Sandy Subbasin Agricultural Water Quality Management Area Plan will aid in achieving compliance with these rules through education and promotion of voluntary land management measures. (3) Failure to comply with any provisions of the Sandy Subbasin Agricultural Water Quality Management Area Plan: (a) Does not constitute a violation of OAR 603-090-0000 through 603-090-0120, or of 603-095-1300 through 603-095-1380; (b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person. (4) Nothing in the Sandy Subbasin Agricultural Water Quality Management Area Plan shall be: (a) Construed as an effluent limitation or standard under the Federal Water Pollution Control Act, 33 USC § 1251–1376; (b) Used to interpret any requirement of OAR 603-095-1300 through 603-095-1380. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 37-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 12-2001, f. & cert. ef. 6-8-01